HomeMy WebLinkAbout2003-0121 Council Mtg PACKET Council Meeting Pkt. C I T Y Y OF
BARBARA CHRISTENSEN
CT RECORDER r ASHLAND
Imaortant:Any citizen_attendl ing council.meetings:',may speak=on any item on the agenda, unless it
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inform you as to the amounf of time'allotted to you.The Ume.g�anted;wdl be'dependent tosome!
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AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
January 21, 2003 - 7:00 p.m.
Civic Center Council Chambers, 1175 E. Main Street
I. PLEDGE OF ALLEGIANCE:
II. ROLL CALL:
III. APPROVAL OF MINUTES: Regular Council Meeting Minutes of January 7, 2002.
IV. SPECIAL PRESENTATIONS &AWARDS:
1. Recognition of Police Lieutenant Mike Bianca for graduation from FBI National
Academy.
2. Recognition of Police Officer Teri DeSilva for"Excellence in Training Award."
V. CONSENT AGENDA:
1. Minutes of Boards, Commissions and Committees.
2. Confirmation of Mayor's appointment of Ted Loftus to the Tree Commission for a
term to expire April 30, 2005.
3. Confirmation of Mayor's appointments of Kim Miller and Christine Oswald to the
Housing Commission for terms to expire April 30, 2004.
4. Confirmation of Mayor's appointment of Cameron Hanson to the Planning
ommission for a term to expire April 30, 2004.
Adoption of Findings for Planning Action 2002-106, 916 East Main Street.
Provide Two Permanent Easements to the State of Oregon for Traffic Control
Facilities; one at the Elks Parking Lot, 225 E. Main Street, and the other at the corner
gf the City's Parking Lot at Pioneer Street/Lithia Way.
ermination of two waterline easements on 209 Crowson Road.
VI. PUBLIC HEARINGS: (Testimony limited to 5 minutes per speaker, unless it is the
subject of a Land Use Appeal. All hearings must conclude by 9:30 p.m. or be continued
to a subsequent meeting.)
1. Public Input for 2003/2004 Council Goals and Priorities.
2. Public Hearing and Decision on the Action Plan for the One Year Use of Community
Development Block Grant Funds for Program Year 2003.
COUNCIL. MEETINGS ARE BROADCAST LIVE ON CII ANNEL 9
VISIT THE CITY OF ASHLAND'S WE13 SITE AT W WW.ASHLAND.ORUS
3: Planning Action 2001-117 is a request for Annexation, Comprehensiv?.i'lan_a�1=
Zoning Map Change from Jackson County zoning F-5 (Farm 5)to City of Ashland
zoning R-1-3.5 (Suburban Residential)for an approximately five acre parcel located
at 250 Clay Street. Comprehensive Plan Designation: Farm 5 (existing), City
Comprehensive Plan Designation: Suburban Residential (proposed); Zoning: F-5
(existing); R-1-3.5 (proposed); Assessor's Map #39 1 E 11 CB; Tax Lot 1000.
Applicant: Russell E. Dale.
VII. PUBLIC FORUM: Business from the audience not included on the agenda. (Total time
allowed for Public Forum is 15 minutes. Speakers are limited to 5 minutes or less,
depending on the number of individuals wishing to speak.)
VIII. UNFINISHED BUSINESS:
1. Communications Services Subscription-Agreement with City of Medford for 911
Services.
IX. NEW AND MISCELLANEOUS BUSINESS:
1. Confirmation of Mayor's appointment of Gino Grimaldi as City Administrator.
2. Presentation for Funding of Parks, Trails and Open space plan.
3. Review of the Oregon Department of Transportation Signal Project on Highway 99
(N. Main Street/ Lithia Way)at the intersection of Helman, Pioneer and 2nd Streets.
Approval of Oregon Public Works Emergency Response Cooperative Assistance
Agreement.
5. Project"Round Up" Proposal.
6. Ashland Fiber Network Quarterly Report.
X. OEIDINANCES, RESOLUTIONS AND CONTRACTS:
Second reading by title only of"An Ordinance Vacating Three Unopened Alleys
between Hersey Street, Helman Street and the Central Oregon and Pacific Railroad
and a portion of the East West Alley between Laurel and the Central Oregon and
Pacific Railroad."
XI. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM
COUNCIL LIAISONS
XII. ADJOURNMENT:
REMINDER
Study Session on January 22 at noon in Council Chambers.
Topics include: 1)Affordable Housing Action Plan.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the City Administrator's office at(541) 488-6002
(TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the
City to make reasonable arrangements to ensure accessibility to the meeting(28 CFR 35.102-
35.104 ADA Title 1).
COUNCIL MEETINGS ARE BROADCAST LIVE ON Cl IANNEL 9
VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US
I
CITY OF
SHLAND
ASHLAND HOUSING COMMISSION
MINUTES
OCTOBER 23, 2002
CALL TO ORDER - Chair Nancy Richardson called the meeting to order at 4:05 p.m. Other Commissioners present were Jon
Uto, Joan Legg, Diana Shavey, Andy Dungan, Kim Blackwolf, Richard Seidman, and Larry Medinger. Cate Hartzell was
absent. Staff present were Bill Molnar and Sue Yates.
APPROVAL OF MINUTES - Dungan moved to approve the minutes of the September 25, 2002 meeting, Blackwolf seconded and
the minutes were approved.
PUBLIC FORUM
JENNIFER HENDERSON, Housing Coalition, reported that the Housing Coalition presented to a group of mobile home park
owners, manufacturers of mobile homes, mobile home lenders and renters, their concept about the mobile home ordinance
Ashland has been working on. Other mobile home park owners within Ashland have presented their group with another idea to
go before the state regulators. They have allotted time on their November 22, 2002 agenda that she will attend. She would like
to delay Ashland's continuing of the ordinance so they can see further how the statewide possibility will pan out.
Molnar understood the mobile home ordinance has been tabled for an indefinite period
SOU STUDENT REPRESENTATIVES AND WAYNE SCHUMACHER.
Danielle S., Jessie Corbet, Jason Gilliland, SOU students and Wayne Schumacher, Director of Housing, SOU were present.
Danielle said the group was here to tall about the housing issues affecting students in Ashland. She believes there is a
discrimination problem. Housing is expensive and access to housing is difficult. This has historically been an issue with
students. However, it is not fair to generalize about students as renters. Some landlords are not the best landlords either.
Students make up a large part of the community and they do care. This student group is trying to define the problem and then
find out what is possible to do and what is not. They would like to fred out the thoughts and perspective from the City of
Ashland. They have created a survey for students.
Blackwolf commented she is concerned about the standards of some housing. Last winter she answered ads to go see places
and she was appalled at the condition of housing, especially near the University.
On the survey, she thought they should ask if the students are married and do they have children.
Seidman wondered if there was a way to research other communities to find out what they have done.
Shavey thought it would be beneficial for the group to do parallel or companion interviews with landlords.
Schumacher wanted to be here to support the concern the students have. Residence halls house about 1000 students. While it's
true there might be a small handful of people that he would hesitate to rent to, the vast majority of students are responsible.
Shavey agreed that there are just a small number of students that don't make good renters. She knows it is a problem for both
students and landlords. She believes a dialogue should start about the ways to guard against the negatives and what can be
done in a pooled setting so no one would have to bear the financial consequences one time.
Jessie said the second part of this is the educational aspect of it. They would like to do planning applicant brochures, tall to
classes about various issues, tall to the students about being a responsible renter and discuss the things the landlord is
responsible for. They want to convey to the students that if they want equal opportunity, they need to take responsibility for
their actions.
Shavey said ifa renter creates damage, someone may be responsible, but her likelihood of recovering from that person is zero.
She thinks the dialogue could lead down a dead end alley unless they figure out a way to back up the responsibility message
with a way to step up to the plate and cover one's responsibility.
Dungan wondered if there could be some sort of insurance program to cover landlords for damages.
The Commissioners seemed to agree that they themselves would like to rent to students, but just a few spoil it for everyone.
Seidman wondered if there are any landlords that have been willing to rent to students and would be willing to be part of team
to come up with solutions that address the concerns from the landlord's perspective.
Jessie said their next step is to make contact with landlords to see who is willing to help them and look for viable solutions.
Seidman mentioned conversations in the past about renter's certification. That has not seemed too promising to him.
Richardson rents to students. She used to work with discrimination with Native Americans in Montana. The education route
did not work. What did work was keeping a file of landlords that were willing to rent to students. She also kept a cross-
reference of Native Americans that had good references. When Richardson makes a decision not to rent to a student, it is not
because of bad references, it is because of the time they will rent. If they leave at the end of June, then she has lost revenue
over a summer when her units remain empty. She tends to rent more to students who plan to be there for a couple of years.
Uto asked how student government was planing to keep this alive. Danielle said one step at a time. Jason expressed his
appreciation for Uto's membership on the Commission that will help with continuity for SOU.
ACTION PLAN
Molnar said Webring forwarded the latest changed copy to him and he has not had a chance to review it. There was some
discussion Molnar had with Webring today, that while their budget is pretty much used up, was there some interest in having at
least a brief presentation to the Council. This would mainly be a way to get a formal nod by the Council to the Housing
Commission and Staff to move ahead with some of the items in the Action Plan.
Shavey believes it is critical. With the new Council elected and the budget cycle starting, this is a good opportunity to get
serious buy-off.
Richardson thought the Housing Commission representatives were scheduled to be on the RVTV call-in show set up by Ann
Seltzer. Molnar thought it was set up for November because of the interest in affordable housing.
Medinger felt the Council did not really understand the housing problem. It might be useful to spend some time with the
Housing Commission. Seidman wondered about formally requesting a study session with the Council for January or February.
Kate Jackson said they can send a request to the Mayor with a copy to Brian Almquist.
Molnar said if Webring comes down to present to the Council, it would probably be toward the end of November.
Shavey moved that we request the City to ask the consultant to come down and make a presentation of the final Action Plan.
Dungan seconded the motion and it was approved.
Seidman wondered who would write the letter to the Mayor requesting a study session. Molnar said it usually comes from the
Chair and mentions a topic of discussion.
MEETING DATES - The November Housing Commission meeting will be held on the 20th and the December meeting will be
held December 18th. Both meetings will be held at 4:00 p.m. at the Council Chambers.
HOUSING COORDINATOR - Job Description
Shavey would like an opportunity for more dialogue about the job description. The duties talk about things that don't
encompass all the Action Plan items. Nothing in it currently points to a project.
Richardson wondered when the RFP has to go out. Molnar said John McLaughlin has been thinking it would be better if this
was a full-time temporary City of Ashland employee so it would be easy to access them rather than ultimately getting a
product. In that event, the Personnel Department would create an advertisement. How far-reaching do we want this? We
would advertise the position with qualifications and then the application packet would include a more elaborate description of
their duties and the Action Plan. Moinar said Tina Gray, Personnel Director, has asked Molnar and McLaughlin to get the job
description together and she will check it and re-word it. He did not think timing would be a problem in terms of putting out an
advertisement.
Richardson asked if Blackwolf, Shavey, Seidman and Legg can meet Friday at 4:30 p.m. at Blackwolf's house, 145 Central,
ASHLAND HOUSING COMMISSION
MINUTES
OCTOBER 23, 2002
2
482-4474, to discuss the particulars of the job description.
Seidman wondered ifMolnar included anything about deliverables. Molnar said he will.
Richardson said depending on how the job description is written could depend on how qualified a person you get. We need to
make sure someone is there beyond the six months or things will come to a screeching halt. Grant funding can take up a lot
time, however, if it is earmarked ahead of time in the job description, anyone who has done this kind of work can sit down and
have the grants written and in the mail in short order.
Dungan wondered if there is any sense in having the Commission interview or have the final applicants present to the
Commission. That would make the connection with this body right off the bat. Kate Jackson thought that would be a good
thing to discuss with McLaughlin and Tina Gray.
Shavey left the meeting at 5: lS p.m.
REAL ESTATE TRANSFER TAX
JENNIFER HENDERSON reported that she had a meeting last week about HB 3400, a bill that failed in the legislature. The
people presenting the bill are preparing to go back again for the real estate transfer tax and are looking to see if Ashland should
piggy-back with them. They didn't seem to feel we would impede their process. There are questions about whether it would
be for Ashland or Jackson County. What is the support within the county for it? Portland's opposition is the Association of
Realtors. Henderson has a meeting tomorrow with the Rogue Valley Association of Realtors. She will be talking about
forming a focus group.
Legg believes the focus group is very important. It is mart to look at legislation we can get to make it legal to get a real estate
transfer tax. Then, each local jurisdiction can decide whether they want it.
Medinger said generally the State Home Builders do not favor it. He said there is considerable at the state government level
allowing locals to pre-empt the use of something like this. He thinks the Home Builders could come in more strongly if there
were an offset or a partial offset on SDC's.
Seidman suggested Henderson's group meet with Alan Bates.
Molnar said he hoped that financial institutions are part of the focus group. In 1993 when the legislation failed, the two chief
contributors to the opposition were banks and realtors.
Dtmgan asked what would be needed from the City of Ashland to move this forward. Henderson said Hartzell was going to
develop a resolution to take to the Council. That would be a first step.
Blackwolf and Molnar left the meeting at 5:30 p.m.
HOUSING TRUST FUND STATUS
Jennifer Henderson said she has been working with the Housing Coalition toward trying to see what their process is to develop
a housing trust fund. There are two subcommittees: funding and administration. How will we be funded? Who do we fund if
we get funding? What do we see the housing trust fund putting money toward? How will it be managed?
SUBCOMMITTEE REPORTS
Seidman will re-send his e-mail suggesting three subcommittees: Funding, Education and Outreach and Land Use.
Uto wants to kept in the loop and asked other Commissioners to call him if he is needed on a subcommittee.
Seidman is assuming there is a consensus for the three committees. We can ask the committees meet between now and the
next meeting to get reactivated. Richardson asked that when Seidman e-mails everyone, that he could make sure there is
someone heading up each committee.
ADJOURNMENT - The meeting was adjourned at 5:45 p.m.
ASHLAND HOUSING COMMISSION
MINUTES
OCTOBER 23, 2002
CITY OF
kSHLAND
ASHLAND HOUSING COMMISSION
NOVEMBER 20, 2002
MINUTES
CALL TO ORDER
Chair Nancy Richardson called the meeting to order at 4:10 p.m. Other Commissioners present were Jonathan Uto, Andy
Dungan and Klm Blackwolf. Absent members were Larry Medinger, Richard Seidman and Joan Legg. Cate Hartzell arrived
at 4:20 p.m. Diana Shavey submitted her resignation fi.om the Commission prior to today's meeting.
APPROVAL OF MINUTES/AGENDA CHANGE~
There were no minutes to be approved.
Add to the agenda: Resignations.
JOB DESCRIPTION. Housinq Coordinator
Molnar distributed thc job description to the Commissioners and said it should be advertised within thc week. Wording was
added regarding expectation for attendance at some night meetings.
Hartzell arrived at the meeting.
Dungan wondered if there would be input fi.om the Commissioners. Richardson thought there should be input since the
Commission would be working directly with the person who is hired. Blackwolf would like to have the ability to review all the
applications and thought at least two people should review them. Blackwolf moved to designate two people to review
applications - the Council Liaison and a Housing Commissioner. Blackwolf volunteered to review applications. Dungan
seconded the motion and everyone approved. Molnar will nm this by McLaughlin for his approval.
Dungan wondered how Molnar or Staff feels about this position becoming permanent. How enthusiastic is the Planning
Department about this position? Molnar said a few months ago there was concern on McLaughlin's part about the commitment
of the community for affordable housing. However, now it seems there is a lot of momentum and a real commitment to
address this issue and this is probably the best way to approach it. It would be much more useful if it is a City of Ashland
person that is here and has a presence. Hartzell noted that there are budgetary constraints that could play a role in whether
further funding would be available for this position. Dungan and Shavey had lunch with the Mayor yesterday and he would
hope that DeBoer would be a proponent.
PRESENTATION OF THE ACTION PLAN &
COUNCIL/HOUSING JOINT STUDY SESSION
Richardson thought it important that the Council read both the Needs Analysis and the Action Plan before we have the joint
study session.
Hartzell said she would send personal invitations to the Budget Committee, inviting them to the Council/Housing Joint Study
§ession on January 8, 2003 at noon in the Council Chambers. She asked that Yates send a notice to them also.
How do we want to approach the study session? Uto has classes in the evening and cannot attend. Hartzell said some study
sessions have been in the evening.
Molnar said we are still tentatively planning to have Kurt Webring come down on December 3, 2002 to present the Action Plan
to the Council. At some point, we need some type of confirmation from the Council that they have seen the plan and a nod that
the Housing Commission and Staff can begin pursuing the items in the plan.
Hartzell challenged personally the use of Webring's time to present to the Council. She believes it would be a more valuable
use of our money to have him add to the Action Plan. Hartzell said she would make time to work on an addendum to the
Action Plan.
As an alternative, Dungan mentioned the Lee County report. It puts a cost to not doing affordable housing. Hartzell said we
could formulate a committee locally of economists. A numbers report would be valuable as a marketing tool.
Dungan wondered if the Housing Commission should present the report. Molnar said it may not cost us anything for Webring
to come down to make a presentation to the Council. Even for the minimal cost, Staff feels procedurally, it is still beneficial to
have Webring present the plan to the Council to get some sort of formal acknowledgement of the plan, instead of none. Hartzell
wants this item on the Council agenda so they can make a formal adoption of the plan. They can't do that at a Study Session.
Kate Jackson said a study session is a better place for discussion of the documents. The next step can be the final adoption of
the plan. Hartzell is hoping they can create an addendum that has priorities and more clear action steps and will be adopted.
Jackson said if there is going to be a Housing Commission supplement to the Action Plan, perhaps the Commission would not
want to have the author of the report present.
Molnar said Webring's presentation would give some formal closure and getting the "nod' to move ahead. If this Commission
makes some addendum or feels there are certain sections to add or elaborate upon, that can be done. Part of the Housing
Coordinator's main job will be to implement the Action Plan.
Richardson agrees it should be December and that we do need a go ahead from the Council.
Hartzell asked what our goal is for the study session. The Council has had a study session on the Needs Assessment. Now
they will have one for the Action Plan. The Action Plan did not tier back to the Needs Assessment very well. The Council
needs to walk away with the understanding of what the Needs Assessment says and what it means. They need to know the
trajectory the Commission is on and what the Action Plan says. Her hope is that we will walk away with the Council saying, "I
get it.".
Jackson said the study session should be the holistic look at what we have done and what we want to have happen next. We
can de-emphasize Webring.
Richardson believes Webring should present on December 3rd, let the Council give the go ahead and we can take care of some
of the rest of this at a study session. Jackson suggested the Council can take care of acknowledging Webring's report. The
Housing Commission would be present and notes it is part of a bigger plan and they will have a study session on the bigger
plan coming up.
Hartzell believes the importance of anything we do in December and January has to be to convince the Budget Committee and
the Council that there is a need to fund the housing position in the 2003-04 budget.
Richardson recapped. Webring will present the Action Plan on December 3rd. The joint study session will happen later and
adoption of the plan will be at a later date. The Commission would like Webring to present either December 3rd or December
17th.
Hartzell said we need to clarify our purpose and goals for the study session. We need a prep packet including the report
Dungan referred to (he will e-mail to everyone). Hartzell will put some effort into £mding some people in the community to
customize the report. Lastly, we can produce an addendum to the Action Plan. Dungan said the presentation needs to be well-
orchestrated.
Hartzell asked that the joint study session be taped for TV.
Hartzell suggested present the most salient pieces of the problem, the eventual outcome if we do nothing, the course of action,
and to present a packet that has distilled out the key points and what is reasonable to achieve. Jackson doesn't want to scare the
Council with the vastness of the problem.
Hartzeli and Blackwolfwill work on the addendum. Jackson will help with this too.
The Education and Outreach Committee will put together a package for the study session and set up the framework for the
study session.
SUBCOMMITrEE REPORTS
Project and UBG Expansion
Hartzell reported on the UGB expansion.
ASHLAND HOUSING COMMISSION
MINUTES
NOVEMBER 20, 2002
Shavey and Hartzell will meet with Amy Amhrein to talk about the UGB and
Willow Wind. Also, she will try to get a meeting with the Mayor and someone else to talk about the potential of the City
becoming more involved in the railroad property.
Hartzell and Shavey had discussed the possibility of having a large public meeting in February or March in the evening and
invite people who care about affordable housing. Out of this meeting would come committees and the Housing Commissioners
would act as liaisons to larger committees made up of members of the public. Kim suggested putting this on the next agenda
(encouraging public participation). Hartzell said if we don't get buy-in from the rest of the community, we will fail.
UPCOMING MEETING WITH LEE TUNEBURG
Richardson, Shavey and Hartzell will be meeting with Tuneburg, the City's Finance Director, on Friday to discuss putting the
Housing Coordinator position into the budget. Other Commissioners are invited to attend. Blackwolf asked for an e-mail
update as to what transpires at that meeting.
Molnar said we were trying to schedule the Big Box ordinance for the last Planning Commission meeting, however, there have
been several controversial proposals before the Commission which take up the entire meeting time.
Molnar said he just spoke with Don Greene with regard to proposed ordinance change for annexations for affordable housing
and adding an additional approval standard for zone changes to meet a public need, specifically, affordable housing. Greene
and Russ Dale met but philosophically they were not able to come up with anything. Molnar said next month we could about
stipulating length of time affordable units have to be in the program. We could move this part forward. The Housing
Commissioners agreed that this should move forward without delay and asked Molnar to advance it.
OTHER
Richardson announced her resignation. Her last meeting will be the December meeting. She is going to try and create a
sustainable living "how to" building show for Harvest Built Homes. The profits will be channeled back into building
affordable homes.
Dungan moved to pass along the Commissions' deepest gratitude and thanks to Shavey and Richardson for everything they
have done. Hartzell seconded that expression of appreciation.
ADJOURNMENT - The meeting was adjourned at 6:05 p.m.
ASHLAND HOUSING COMMISSION
MINUTES
NOVEMBER 20, 2002
Office of the Mayor
Alan W DeBoer
MEMORANDUM
DATE:
January 15, 2003
FROM:
City Council Members
Mayor Alan DeBoer tfiI
TO:
RE:
Appointment to Tree Commission
January 21, 2003 Council Meeting
This will confirm my appointment of Ted Loftus to the Tree Commission for a term to
expire April 30, 2005. The vacancy was created when Dan Moore resigned his seat from
the Tree Commission in December, 2002.
Attached is a copy of the application, and a copy of the advertisement as it appeared in
the Daily Tidings. The vacancy was also advertised on the City's Web site, and On the
notice board in City Hall.
Attachments
City o/Ashland . 20 East Main Street. Ashland, OR 97520 . (541) 488-6002 . Fax: (541) 488-5311 . Ernail: awdb@aol.com
Please publish:
Tidings - Wednesday, December 18th, Monday, December 23
and Saturday, December 28th.
Refer to P.O. 56686
Questions? Please call Fran at 488-6002
The City of Ashland has a vacancy on the TREE COMMISSION for
a term to expire April 30, 2005. If you are interested in being consid-
ered for a volunteer position on the Tree Commission, please submit
your request in writing, with a copy of your resume (if available) to
the City Recorder's office, Additional information regarding this posi-
tion can be obtained from the office of the City Recorder, and the
City's Web site at www.ashland.or.us.
APPLY TO:The City Recorder, City Hall, 20 East Main St., Ashland.
APPLY BY: Monday, January 6,2003.
~.,
CITY Of
ASHLAND
~,;
ESTABLISHED 1979
December 17, ?OO?
fOi' "rr"'~" [[j" mtP" ,
I nil il t I
n <,-,-,-,-"-- _iLLk" 0 \
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__.............._....... A ..'-_:...._____ ---
To: Honor8ble M?yor Alan Deboer
Re: Vacancy on Ashland Tree Commission
It has been brounht to mv attention that 8 vacancy has become available
on our Tree Commission.
I h?ve been a landscape contractor in Ashland for
almost ?5 yerrs and have exoerience serving on several local and state boards.
I would be honored and ha~py to serve.
Thank you for your consideration.
Sincerely, Ted Loftus
<.,CD'", '5035 P.O. Box 971 . Ashland, OR 97520. 541) 488-0247 Donded & Inw"d
Office of the Mayor
Alan DeBoer
MEMORANDUM
DATE:
TO:
FROM:
RE:
January 15, 2003
City Council Members
Mayor Alan DeBoe~--~
Appointments to Housing Commission
January 21, 2003 Council Meeting
This will confirm my appointments of Kim Miller and Christine Oswald to the Housing
Commission for terms to expire April 30, 2004. The vacancies were created when Diana
Goodwin Shavey and Nancy Richardson resigned their seats from the Housing
Commission in November, 2002.
Attached are copies of the applications, and copies of the advertisements as they appeared
in the Daily Tidings. The vacancy was also advertised on the City's Web site, and on the
notice board in City Hall.
Attachments
City of Ashland · 20 East Main Street · Ashland, OR 97520 · (541) 488-6002 · Fax: (541) 488-5311 · Email: awdb@aol.com
The City of Ashland has a vacancy on the HOUSING COMMISSION for
a tenn to expire April 30, 2004, The Housing Commission typically
meets on the 4th Wednesday of each month at 4:00 p.m. in Council
Chambers, 1175 East Main Street. If you are interested in being consid-
ered for a volunteer position on the Housing Commission, please sub-
mit your request in writing, with a copy of your resume (if available) to
the City Recorder's office. Additional infonnation regarding this position
can be obtained from the office of the City Recorder,
APPLY TO: The City Recorder, City Hall, 20 East Main St., Ashland,
APPLY BY: Monday, December 9, 2002
rA'
CITY OF
ASHLAND
Please publish:
Tidings - Saturday, November 23, Friday, November 29
Revels - November 27
Please refer to Purchase Order No.: 56669
Questions: Call Fran at 488-6002
~.,_.-.,,-
SQLO~ A~
-----------
The City of Ashland has a vacancy on the HOUSING COMMISSION for
a term to expire April 30, 2004. The Housing Commission typically
meets on the 4th Wednesday of each month at 4:00 p.m. in Council
Chambers, 1175 East Main Street. If you are interested in being consid-
ered for a volunteer position on the Housing Commission, please sub-
mil your request in writing, with a copy of your resume (if available) to
the City Recorder's office, Additional information regarding this position
can be obtained from the office of the City Recorder,
APPLY TO: The City Recorder, City Hall, 20 East Main St., Ashland,
APPLY BY: Monday, December 30, 2002
r.l'
CITY OF
ASHLAND
Please publish:
Tidings - Tuesday, December 17th, Thursday, December 19th (Revels
ifin time, ifnot the Tidings please), and Saturday, December 'lt6cf'
Please refer to Purchase Order No,: 56685
Questions: Call Fran at 488-6002
~~~
\~l (~ ) 01--
........... --,--., ---
147 Mountain View Drive
Ashland, Oregon 97520
December 29. 2002
To Whom It May Concern:
I am writing in regard to the vacancy that exists on the Ashland Housing Commission.
have been an Ashland resident since 1994 and have been attending meetings of the
Ashland Affordable Housing Task Force for the past several months.
As my attached resume shows, I am the Executive Director of Options for Southern
Oregon, a private non profit agency in Grants Pass. In this capacity, I have been
involved with affordable housing since 1984. I have coordinated the grant writing,
development and construction of six housing projects in Josephine, Jackson and
Douglas counties since that time, in Ashland, Options sponsored StarThistle
Apartments, a 12 unit special needs housing project at the corner of Faith and Siskiyou
Blvd.
I have given the question of offering ro serve on this Commission a great deal of
thought and have not applied earlier for two main reasons. First, I would hate to have
my personal commitment to affordable housing and a potential involvement with the
commission to limit my agency's ability to compete for opportunities to develop
additional affordable housing in town. Secondly, the current meeting time for the
commission conflicts with an ongoing, long term staff meeting of my ageney.
So despite those two reservations, I would genuinely like to make a contribution to my
community and I believe that my experience and history could be beneficial to th~
commission. So I am writing this letter in the hopes that I could have a further
opportunity to both discuss my interest and my concerns in a more detailed ~nner
during the consideration process.
Sincerely,
~,4/J
..,....... __'0
FRun :~... ill Mlller, OptlonS
FAX NO. :541-488-4980
Dec. 30 2002 03:08PM P1
KIM I. MillER
147 Mountain view Drive
Ashland, Oregon 97526
(541) 488-3460
Position:
Executive Director, Options for Southem Oregon, Inc. 1983 to present
Responsibilities:
Administration of private nonprofit agency with thirty one employees that provides housing, case
management. transportation and vocational service$ to Individuals with long term mental illness
in Josephine and Jackson county. Liaison with state and county mental health programs and
various state agencies to coordinate and create local service delivery system. Fundraising and
resource development including govemmental and private foundation grant writing. Provide
consultation to other nonprofit and govemment agencies reg<Jrding the development of
affordable housing, grant writing and organizational development.
Accomplishments: '
Led growth of agency from 3 staff with annual budget of $45,000, to 30+ employees with
over a $1,400,000 annl,l8! budget
Conceived and created funding for a bakery and a cafe providing vocational training.
Wrote over $6.4 million in auceessful housing grants from a variety of government
programs and private foundations to creste 7 facilities with 99 units of affordable
housing in four Oregon counties
Created a transportation system providing medically necessary rides
Created a peer counseling program that won national recognition and co-alJthored a peer
counseling manual
Assisted in the creation of innovative vocational and case management service delivery
programs
Coordinated and raised funds to complete $995,000 historic landmar1< renovation of
17,000 square foot agency administrative offices
Made presentations at numerous local, state and two natiooal conferences
Provides organizational development, housing development and grant writing
consultation to other non-profit entities
Member of Governor's Task Force on Mental Health, State M-ED Provicler$ Association,
State Housing Technical Assistance Work Group, Association of Oregon Community
Development Organizations
Other Work Experiences
State Coordinator of Office for Refugee Resettlement
Refugee Services Caseworker
SocIal v.orker in nursing home
Youth counselor in juvenile rehabilitation center.
Social worker in county program working with elderly.
Education:
BacI1elor of Arts, 1971 Muhlenberg College, A1lento>Nn, Pennsylvania.
Participated in IntramUfal sports, student government, newspaper.
..,......w,_.".._.
n~m
147 Mountain view Drive
Ashland, Oregon 97526
(541) 488-3460
Position
Executive Director, Options for Southem Oregon, Inc, 1983 to present
Responsibilities:
Administration of private nonprofit agency with thirty one employees that provides housing, case
management, transportation and vocational services to individuals with long term mental illness
in Josephine and Jackson county. Liaison with state and county mental health programs and
various state agencies to coordinate and create local service delivery system. Fundraising and
resource development including governmental and private foundation grant writing. Provide
consultation to other nonprofit and government agencies regarding the development of
affordable housing, grant writing and organizational development.
Accomplishments:
Led growth of agency from 3 staff with annual budget of $45,000, to 30+ employees with
over a $1,400,000 annual budget
Conceived and created funding for a bakery and a cafe providing vocational training.
..,..."".................-
Chrijtine Ojwa!d
542 Jairview St.
Ajh!and OR 97520
488-3765
12-24-02
To Whom It May Concern:
Please consider my application for the open position on the Housing Commission. I have been a
resident of Ashland for about seven years. In that time, I have come to think of this city as not
just my home, but a wonderful community that can serve as an example regarding preserving the
quality of life. Our vibrant downtown, cultural events, beautiful parks, recreational
opportunities, excellent schools, community spirit, and diversity of citizens are things of which
we can all be proud, and which we should guard jealously.
In my several years here, however, I have observed erosion of at least one aspect of our quality of
life - affordable housing. If!, as an associate professor at a state university, experienced
difficulty seven years ago when finding a home, how much harder it must be for many other
people nOW. My husband and I recently had our home refinanced and appraised. We were
shocked to learn that we would be unable to purchase our current home if we were to buy it today
- a 900 sq foot, 100 year old house!
The importance of affordable housing lies not only in the basic morality of making sure that all
people have a decent place to live, but also in the benefits to our city of assuring a diverse,
family-oriented community. If the people that make Ashland so wonderful- the artists,
musicians, teachers, fire-fighters, forest service personnel, professors, bakers and cooks, shop
owners, students, waiters, and hairdressers - can nO longer afford to live here, Ashland will be
just another over-priced tourist town.
My resume summarizes some of my accomplishments and experience. I have extensive
experience writing, teaching, and researching in the sciences. I have lived in seven states, and
traveled abroad. I have a great deal of experience working with committees. My housing-
specific experience lies mostly in my life-experience - finding housing in seven different states in
settings ranging from large cities to near-wilderness, purchasing two homes, and renting other
houses or apartments. I have casual knowledge of the mechanics of home building and
maintenance, much like other home-owners. Most importantly, I have the willingness to learn,
get involved, and work for the benefit of the citizens of Ashland.
Please call me if you have questions.
Sincerely,
o~ {f;v..
Dr. Christine Oswald
-....-..-... ...."~
Christine Oswald
542 Fairview Street, Ashland OR 97520
541-488-3765 andris@peoplepc.com
Education
B.S. Biology, 1978, University of Illinois at Chicago
Ph.D. Biology, 1985, Indiana University, Bloomington
Research and Professional Interests
Physiology, endocrinology and ecology of vertebrates; science and ethics, undergraduate curriculum
development
Community Interests
Quality of life issues: environmental health, affordable housing, wildlife conservation, employment
opportunities, fair wages, K-12 education, higher education
Positions Held
1996- present
1996
1994
1989-94
1986-89
1985
1980-85
1978-80
Asst / Assoc Professor of Biology, Southern Oregon University, Ashland, OR
Adjunct Professor, Indiana University Southeast, New Albany, IN
Visiting Associate Professor of Biology, University of Louisville, KY
Asst / Assoc Professor of Biology, Hope College, Holland, MI
Assistant Professor of Biology, Seton Hill College, Greensburg, PA
Postdoctoral Research Associate, University of California, Irvine
Research Assistant, Associate Instructor, Indiana University, Bloomington
Research Technologist, University of Il1inois Medical Center, Chicago
Grants Awarded
. Federal agencies: Research awards up to $180,000 from the National Science Foundation; Educational
equipment award of $25,660 from the National Science Foundation
. Private foundations: Research & education award from Murdock Foundation ($14,000)
. Universities: Research awards from SOU and Ben-Gurion University (Israel) of up to $2,500
Teaching Experience
. University biology courses in Animal Physiology, Ecology, Comparative Anatomy, Human Anatomy and
Physiology, General Biology
. University courses in Science and Human Values, Biology and Sex Roles
. Public service presentations to elementary school, highschool children, and parents
. Mentored 41 undergraduates in research projects
Publications and Presented Papers
. 20 peer-reviewed papers in science journals such as Biochemistry and Phannacology, Neurobehavior,
Toxicology, and Teratology, Journal of Mammalogy, and Journal of Experimental Zoology, among others
. 18 papers given at professional meetings of biologists, such as American Society of Mamrnalogists,
American Society of Zoologists, and International Theriologica Congress
Examples of Service Activities
Loyalhanna Watershed Association, volunteer; Horses for All Years therapeutic riding, volunteer; science
workshops for K-12 girls, presenter; co-editor newsletter for biology majors; referee for Journal of
Mammalogy, reviewer for National Science Foundation proposals
Personal Interests, Travel
. Outdoor activities: hiking, long-distance backpacking, biking, dressage and trail riding
. Other interests: cooking, gardening, environmental issues, science literacy, current events, conflict
resolution
. Travel: Most states in the U.S., Israel, Canada, Australia
. Former resident of 7 states, from coast to coast
,.....
December 31, 2002
Alan DeBoer, Mayor
City of Ashland
20 East Main Street
Ashland, OR 97520
Re: Housing Commission
Dear Mr. DeBoer:
Please accept this letter as an indication of my interest in serving as Commissioner for the City of Ashland Housing
Commission. I am a registered Architect in the State of Oregon and have been living in Ashland and practicing
architecture in the Rogue Valley since 1991. I am currently employed by OgdenlKistler and Associates, AI,A, in
Medford, , .. -,j
As a licensed architect, I can bring valuable insight and knowledge to the commission. I am familiar with building
design, zoning issues and building codes, construction issues, site planning and client management strategies. I am
familiar with and have worked extensively with the City of Ashland Planning Department. I own a home and property
in Ashland and am therefore familiar with the housing market and the impact prices, accessibility andcavailability have
on the quality of life in our city, I am also familiar with the critical issue of affordable housing in Ashland, the impact
that complex and very important issue has on our schools, the future groWih and the overall health of the ~ity.
4f".i
My wife, Shelley Austin, and I have two children in the Ashland school system, They Mge a long future ahead of
them within the schools and within the community itself. It is my sincere wish to bring my skills and knowlEidge to the
table and to provide a positive inftuence on the housing issues and needs in Ashland. I am dedicated to Working with
other community members to address the issues facing our community and to prepare for the future as best as we
can, Our children and our community deserve our best efforts at all times.
I hope you will carefully consider my keen interest in the Housing Commission and I look forward to talking with you
about an appointment. My resume is attached. I can be reached at my office, 779-5237 x12, my cell phone, 941-
0954, or my home, 488-3753. Thank you, .
Sincerely,
Matthew J, Small, AlA
P,O. Box 545
Ashland, OR 97520
. .
Wendy Ostlund-Rutkai
179 Van Ness Avenue
Ashland OR 97520
541 482 2145
Office of the Mayor
City of Ashland
20 E Main St
Ashland OR 97520
January 13,2003
Dear Mayor DeBoer,
-...-~--~..~- ...... ...."'.--
This is to inform you that I am interested in being nominated to the Housing
Commission. I have lived in Ashland continuously since my attendance and graduation
from SOU beginning in 1975. I consider my family middle income. I work at Ashland
Community Hospital as a clerk and my husband is an electrical apprentice. I have a
daughter who attends Briscoe Elementary school that, as you know, will be closed next
year due to smaller attendance. I have a vested interest in keeping this town alive and I
am astounded at the fact that it is harder and harder for middle income families to afford
to live here. I would love to help find a way for our city to stay diverse. Please consider
me for a position in order to maintain a healthy variety of attitude.
!J~ &J~rJ-iL&
Wendy Ostlund-Rutkai
Admitting Clerk, ACH
.........'..........-
I
RESUME
MATTHEW J. SMALL, AlA I
SCHOLASTIC RECORD
University of Oregon, 1991, Master of Architecture
Colorado State University, 1987, Bachelor of Fine Arts - Interior Design
Colorado College
PROFESSIONAL REGISTRATION
Registered Architect, Oregon
Intern Development Program NCARB No. 76000
PROFESSIONAL EXPERIENCE
Project Architect, Ogden Kistler Architecture, AlA 2002 to present
Project Manager, Ogden/Schmitz & Associates 1998 to present
Project Manager, Schmitz & Associates AlA 1997
Architect Intern, Jacobs & Schmitz AlA 1993-1996
Architect Intern, Afseth, Jacobs & Schmitz AlA 1991-1993
PUBLIC SERVICE
Arts Council of Southern Oregon, Board of Directors 1994-1996
Arts Council of Southern Oregon, President, Board of Directors 1995
United Way of Jackson County, In-house Chair 1995
United Way ofJackson County, Panel Chair for Fund Distribution 1996
Community Business Education Center, Classroom Speaker 1994-1995
Architect in the Schools Program, Volunteer 1993
Ion Lewis Scholarship Committee Member 2002
Basketball Coach, Ashland YMCA, 2000 -2002
RESEARCH AND TEACHING EXPERIENCE
University of Oregon, Alternative Energy Research 1991
University ofOregon, Introductory Design Studio Teacher Assistant 1991
Colorado State University, Architectural Rendering STUDIO Teacher Assistant 1987
AWARDS AND HONORS
University of Oregon Annual Spring Charette - First Place
Golden Key Honor Society - Member
SELBCI'ED PRomerS EXPERIENCE
Crater High School Projects, Central Point
Lithia Toyota/Dodge Dealership, Klamath Falls
Lithia Toyota Dealership, Vacaville, California
Parkside Elementary School, Grants Pass
.."...'"___.._....._.4
OgdenKistler
ArchitectureA'A
COLLABORATIVE APPROACH. HONEST ::.J
I R ESU M E COLLABORATIVE APPROACH - HONEST C>ESIGN
MATTHEW J. SMALL, AlA
Ogden Kistler
AfchitectureA'A
Owners Representative Services - Owners Project Representative for the following projects
for Rogue Valley Medical Center:
. Oncology Addition
. White City Medical Office Building
. Campus Medical Office Building
South Medford Office Building
Jackson County Fire District No.3 - Agate Lake Fire Station
Jackson County Fire District No.3 - Gold Hill Fire Station
Jackson County Fire District No.3 - Central Point Fire Station
Miles Field Clubhouse
Rogue Valley Unitarian Universalist Fellowship
Josephine County Public Works Department Master Plan
Josephine County ADA Compliance Upgrade
City of Medford Parks Department ADA Upgrade
........-'. ._-"
martin@lenk.com
541-890-5670
Martin Lenk
410 Sheridan
Ashland, Oregon 97520
Applying for Ashland Housing Commission position
Occupation
My wife, Karen, and I work as a realtor team and are associated with John L Scott Southern
Oregon in the Ashland office. We have lived in Ashland since June of this year.
Volunteer Activities and Other Skills
Board of Directors, Springfield Public School District, 1997-2002; served as chair 2000-2001,
Board representative on the district Finance and Alternative Education committees. Previously
served three years on the District Budget Committee, two years on an elementary school site
council, and four years as a school PTA officer.
Member of 2001 Eugene-Springfield United Front team traveling to Washington DC, to lobby
legislators and other leaders for community-wide projects.
Board of Directors, Lane Council of Governments, 2001-2002.
At the suggestion of the Board Chair, I recently applied to fill out the remaining term of an Ashland
School District Director who had resigned. On the morning of the appointment day, we discovered
that the State of Oregon Statutes are stricter than district policy and that I was not eligible for
appointment because I had not been a resident of the district for one year.
Active member of the Ashland High School Booster Club.
Information Technoloav Director, Oregon Medical Group, Eugene, 1986-2002. Black Belt, Tae
Kwon Do 1995. Journevman Carpenter (completed 4-year apprenticeship 1980). Veteran,
USMC. Musician, trombone, baritone and tuba. Actor, Oregon Bay Area 1975-1979. Dad, 1985.
Education & Trainina
. BS, Computer & Information Science, University of Oregon, 1983. Minor in Economics
. AS, Social Science, Ventura College, California, 1972.
. Microsoft Education and Certification Training, including classes in NT 4.0 Administration, NT
4.0 Core Essentials, Internetworking TCPIIP using NT 4.0, and Using NT 4.0 in the Enterprise
(1997).
. Leadership Oregon, Oregon School Boards Association (2001).
. Real Estate Institute of Eugene, 2002.
. Oregon Thespians, State Certified Acting Judge, 2002.
.........."...-"<...-
Martin Lenk
410 Sheridan St.
Ashland, Oregon 97520
December 30, 2002
City Recorder
City Hall
20 East Main St.
Ashland, Oregon 97520
Dear Madam,
I am interested in being considered for the volunteer position on the Housing
Commission and have enclosed a current resume.
Thank you.
/1/1 ii ~ 'i 7 L~ ~'- 1<--
.-. ~~~OVl~~
o DEe 3 1 Z()01 ~
~
Horne phone: 488-2065
Cell phone: 890-5670
..,.............._.,-~
COVER LETTER
APPLICATION FOR VOLUNTEER COMMISSIONER OF HOUSING
FRED FRANK CARUSO
APT. # 15
102 GARFIELD STREET
ASHLAND, OR 97520
~ I [[[f}[(ffi}'Ir]n'
u, ,
I' i or". \1 {I ..."
t '" 11....;.1 .' ,...,'~
i, -1/1 r
LJ(sC7CSU1J~iD
Dear Friends:
There are many qualifications for a civic position: skills; experience; knowledge; vision;
etc. Foremost among these is vision. One must always be flexible in the transformation of
vision into reality, because circumstances are constantly changing. New information lUld
knowledge continually modifY the nature of our visions.
My vision of Ashland is not unlike a sovereign ancient Greek city state, a harmonious
community of cultural diversity lUld progressive values, remaining afloat in the sea of decadent
American pop culture, the barbarian always at the gates. Not a bedroom community, a
retirement haven, or a tourist trap, AsWand is a grand experiment, a model for progressive
communities everywhere. Someday Ashland's population may exceed Medford's.
My most valuable experience for this position is being a "section 8" subsidized renter
myself. In 1998-99, my family and I were homeless in Burlington, Vermont, for seven months.
Housing availability in New England urban regions has been in crisis since the mid 1990's. At
the time, I searched newspapers for reasons. I wrote a guest editorial about homelessness, while
living in a motel room. Before marriage and family, I spent most of my 54 years in one
neighborhood in Newark, New Jersey, where I spent ten years refurbishing my mother's three
story tenement building. I saw the effects of ''white flight" on previously stable neighborhoods.
We can distill the essence of what gave this city its appeal and expand upon that essence.
Growth will not be a sell-out of our city to the rich and powerful, but rather a manifestation of
our lifestyle lUld tolerance for all: The middle class; The poor; The wealthy. They all have
something to contribute. The working poor are the dung that fertilizes the economy for growth.
Affordable housing must work in tandem with other ways to extend hospitality to
working poor and lower middle class. Other forms of hospitality include: A no costilow cost
health lUld dental clinic; A "community action" information and referral walk-in office; A
special building code certification for hygienically "safe" affordable housing, as a remedy for
"sick house syndrome." (i.e. Asthmatic, allergic, and multiple chemically sensitive (MCS)
people suffer unemployment, destitution lUld homelessness, because they cannot tolerate toxic
vapors from modern building materials, rugs, etc., or cannot tolerate mold, dander, fragrance and
pesticide residue in old buildings. Sensitive people often cannot find or afford "safe" rentals.) I,
myself, have multiple chemical sensitivity. I network with other MCS people.
There is much to learn. If appointed commissioner, research and learning will be my
major task. My wife is employed and my child is in school. Soon, I hope to start a specialized
cleaning business for people with sensitivities. It will be a very slow and gradual process of
building a customer base. My foremost interest will be my volunteer work with the city.
~/ 0d~~
......'~..._-
RESUME
FRED FRANK CARUSO
102 GARFIELD STREET APT#15
ASHLAND, OR 97520
Oecember 29, 2002
Phone: 541-482-2062
objective
To work in a challenging, intellingent environment where I can orient
myself towards personal development and fulfilment long term goals.
education
SOUTHERN OREGON UNIVERSITY
Bachelor of Science - 1995 - 3.63 GPA
Computer Information System
Economic Geography
OREGON INSTITUTE of TECHNOLOGY
AAS. General Studies - 1992 - 3.42 GPA
OTHER COURSES
Summer 1997 - Advanced Business Mathematical Statistics
Spring 1996 - Medical Terminology
job skills
CASIDER - CUSTOMER SERVICE - SALES
Wal Mart - 18 months
WORD.PROCESSING
30 WPM - Word for Windows & WordPerfect 5.1
TECHNOWGY & COMMUNICATIONS
Familiar with Windows 95, computers, the internet, and general
principles of information systems and databases.
other skills
Handyman & Home Repair; Retail Sales; Customer Service; Substitute
Teacher; Computer Room Attendant; Security Officer; Initiative
Petitioner; Phone Sales; Pizza and Newspaper Delivery.
interests
Money, Markets & Economics; Preventive Health; Organically Grown
Food; Gourmet Cooking; Creative Writing; Politics and Civics; Auto and
Home Repair; Asian Culture; EnvironmentallQuality-of-Life Issues.
.,.................-
;-ran berteau - Planning Commission
Page 1
From:
To:
Date:
Subject:
"aaron corbet" <ukhuru@email.com>
<awdb@aol.com>, <donlaws@mind,net>
12/17/027:04PM
Planning Commission
rfI'
~ C.,rf"
S- >... \, (' "'0
,J:>
0P
;Y"
HOWDY!
I would like to be on your Planning Commission,
I will be out of town until about January 5th or 6th, 2003, After that I can be reached quickly at this e-mail
address, which I check frequently.
About 13 years ago I was on the Board of the Northwest District Association (NWDA), in Portland, This is
a neighborhood organization, analogous to City Council. In fact, previous mayors and Council members
were not infrequently recruited from the NWDA. I had no political ambitions.
I was Chair of the Public Safety Committee, and was also especially concerned with (low income)housing
issues. I fought mightily (and unsuccessfully, as it happens) against
"gentrification" of the NW neighborhood, and the razing of good housing to put up row houses, There was
a big brouhaha about this at the time, which hit all the papers. We succeeded in saving three historic
houses, but otherwise were unable to stave off the real estate development juggernaut.
I am quite used to researching just about anything, including legal issues, and am cursorily familiar with
Oregon's land use laws,
I have also been very active, some years back, in a variety of environmental issues.
I will be up front here that my primary concern on this Board would be to implement a program for
low-income housing, preferably through sub-sidies and grants of some sort. We need some creative
thinking here, and STRONG LEADERSHIP. I don't much care whether any more rich people get to live
here or not.
Dr, Aaron Corbet
POB 1365
Ashland 97520
(no phone)
ukhuru@email.com
(after 01/02/03, also abc@ukhuru.net)
Sign-up for your own FREE Personalized E-mail atMail.com
http://www.mail.com!?sr=signup
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~(VY\.*-
.,.........-'".,--
.........--_._,.
Office of the Mayor
Alan DeBoer
MEMORANDUM
DATE:
TO:
FROM:
RE:
January 17, 2003
City Council Members
Mayor Alan DeBoer ~
Appointment to Planning Commission
January 21, 2003 Council Meeting
This will confirm my appointment of Cameron Hanson to the Planning Commission for a
term to expire April 30, 2004. The vacancy was created when Mike Gardiner was elected
to the Parks Commission in November, 2002, and subsequently resigned his seat from the
Planning Commission.
Attached are copies of the applications received to date. The deadline for Planning
Commission applications is at the close of business on Friday, January 17. Should
further applications be received, they will be taken into consideration at the confirmation
of my appointment at the City Council meeting on January 21, 2003.
Copies of the advertisements as they appeared in the Daily Tidings are attached. The
vacancy was also advertised on the City's Web site, and on the notice board in City Hall.
Attachments
City of Ashland · 20 East Main Street · Ashland, OR 97520 · (541) 488-6002 · Fax: (541) 488-5311 · Email: awdb@aol.corn
Please publish:
Tidings - Tuesday, January 7 and Wednesday, January 8
Refer to P.O. 56698
Questions? Please call Fran at 488-6002
The City of Ashland has one vacancy on the PLANNING COMMIS-
SION for a term to expire April 30, 2004, The Planning Commission
typically meets on the 2nd Tuesday of each month at 7:00 p,m, in
Council Chambers, 1175 East Main Street. If you are interested in
being considered for a volunteer position on the Planning Commis-
sion, please submit your request in writing, with a copy of your re-
sume (if available) to the City Recorder's office, Additional informa-
tion regarding this position can be obtained from the office of the
City Recorder,
APPLY TO:The City Recorder, City Hall, 20 East Main St., Ashland,
APPLY BY: Friday, January 17, 2003
r.l'
CITY OF
ASHLAND
From:
To:
Date:
Subject:
Cameron Hanson <jnilvr@yahoo,com>
<awdb@aol.com>
1/9/039:42PM
planning commission
Dear Mr Mayor
I read in the paper that you are holding off on appointing the last planning commissioner. If this is the
case, I would like to add my name to the list of applicants,
I feel my my experience on the City Council for the last four years give me unique insight into the
workings of the city, current land use planning laws, and the comprehensive plan, I believe my experience
on the tree and historical committees will also be helpful.
I have lived in Ashland for over 20 years..,my children were born and raised here and I would like to
continue to serve its citizens and help the City evolve in a positive direction,
I was hesitant to apply after the election, but if the position is still open, I would like to be considered.
Sincerely
Cameron Hanson
Of all tyrannies a tyranny sincerely exercised for the good of its victims may be the most oppressive, It
may be better to live under robber barons than under omnipotent moral busybodies, The robber baron's
cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for
own good will torment us without end, for they do so with the approval of their own conscience,
- C.S, Lewis, In Freedom
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cc:
jenny <jenny@mind,net>
January 8, 2003
.-'--.'..::"':"" ."~,,::' ---,
.' \
Alan DeBoer, Mayor
City of Ashland
20 E, Main Street
Ashland, OR 97520
Dear Alan:
I am writing to express my interest in the Planning Commission and submit my resume in
application to fill the current vacancy,
I have been an active resident of Ashland since 1990. As you know, I've served on many boards,
have been active in the Chamber of Commerce, in the schools and worked on countless
committees and fundraising efforts for a wide variety of organizations over the years, I think my
knowledge of and contacts within the business community, my professional experience and my
understanding of the Ashland population in general, will assist me in making a significant
contribution to the Planning Commission,
For the past year, I have been much less active in community affairs than ever before. I miss it
and wish to get involved again in a meaningful way, I am working part-time and have more free
time to give, My husband, Matt Small, and I have two children in the public schools, we own a
home and property in Ashland, and we are both committed to doing more public service for the
benefit of our own and our children's future in this City, The well worn phrase, "If you aren't
working on a solution, you are part of the problem" demonstrates my own commitment to making a
contribution to the community.
My resume, attached, outlines my professional experience, I would very much like to be a part of
the Planning Commission, and to work with you and your colleagues, I look forward to your
response to my application,
Sincerely,
U/dlJ. 4k.L.---
71
Shelley Austin
P,O. Box 545
Ashland, OR 97520
Shelley Austin
385 Cherry Lane
Ashland, OR 97520
(541) 488-3753 or cell (541) 944-1863
Professional focus
Management position in marketing, fundraising or related field; working with dedicated professionals in an
organization that is committed to quality in all aspects of operation,
Professional experience
. Public Relations - served as public relations representative for many organizations over 17 year period
. Marketing - worked 17 years with 7 organizations in the design and implementation of new
marketing/sales programs
. Program design and implementation - designed and managed marketing/sales programs,
sponsorship programs, development programs, and alternative educational programs for 6
organizations
. Management - responsible for development and launch of a new Yahoo! product, managed a budget
of $500,000, managed staff of 12, coordinated volunteer corps of 80
. DevelopmenUEvents Sponsorship - worked over 17 years for 7 organizations in fund raising with
progressive leadership responsibilities; designed and created 8 new giving programs; attracted and
sustained 11 major corporate sponsors, 8 major foundation sponsors and 3 major individual donors to
OSF over 7 year period
. Events - created numerous special events for arts organizations, schools, business associations,
corporations, foundations and donors groups
. Community Service - completed Chamber of Commerce Leadership Program, served on Board of
Directors and community service committees for numerous organizations over 17 year period including:
Ashland Rotary, Boys & Girls Club, Ashland Schools Foundation, Community Health Center, Asante
Foundation, Briscoe PTA, annual YMCA fund raising campaigns and much more,
Professional history
Free Lance Consultation
May 2001 - present
SclenceWorks - Community ReIationsIBusiness PlanninglMarketinglDevelopment
Community Health Center - MarketinglDevelopment
Southern Oregon Child Study and Treatment Center - Grant Writing/Public RelationslMarketing
Rogue Film Company - Public Relations/Locations Manager
Director of Sales, Starseed, Inc.
October 1997 - October 1998
Brand Manager, YahoollWebRing
OCtober 1998 - June 2000
Producer, YahoollWebRlng
June 2000 - January 2001
sales
Designed and implemented advertising, partnerships and promotional strategies for a start-up Internet
technology development firm. Worked with CEO in developing organizational structure, business plan and
marketing plans to launch existing products and for products in development. Developed and implemented all
marketing strategies, marketing partnerships and related efforts for Starseed, Inc.
(continued)
Shelley Austin
Page two
Marketing
Worked with Yahoo! Brand Marketing team to develop marketing strategy for Yahoo!WebRing including logo
design, marketing/sales partnerships and marketing plan for 2 distinct WebRing demographic groups,
Production
Responsible for all aspects of product development for Yahoo! WebRing, Work included all product
management and product development efforts, working with a team of engineers, designers, corporate counsel,
sales producers, customer care representatives and business development managers, Producer is in charge of
identifying, prioritizing and implementing new features, defining a usable graphic interface, identifying and driving
distribution opportunities, sales production, increasing integration between other Yahoo! properties, and
increasing revenues,
Director of Corporate and Foundation Support, Oregon Shakespeare Festival
October 1990 - October 1997
Designed and implemented all strategies for foundation, corporations, sponsorship marketing program,
government and small business programs, Created successful sponsorship program, selling 11 of 14 packages
and sponsoring 10 of 11 productions in the first year. Created mid-size business coalition as sponsorship
opportunity, featuring cross-promotional opportunities and business-to-business development.
Development Director, Eugene Festival of Musical Theatre
February 1988 - October 1990
Designed and implemented development, marketing programs and public relations plan, Emphasis on corporate
events marketing and major individual gifts,
Program Coordinator, Boulder County Private Industry Partnership
January 1987 - January 1988
Designed and implemented a pilot teen parenting program for the StVrain Valley School District. Won national
PRIDE award for design and measurable success of program,
Marketing Director, Lynx Corporation
October 1986 . January 1987
Designed and implemented a marketing program for moving/storage and office supply firm.
Director, September Schools, Inc.
August 1983 - October 1986
Directed all facets of operations of a public, non-profit, altemative junior/senior high school,
Education
1983
1976 - 78
1989
BA degree in EconomicslPhilosophy minor, University of Colorado, Boulder, CO
Lycee de France - emphasis on culture and communications, Mexico City, Mexico
Universidad Tecnologica de Mexico - focus on cross-cultural communications, international
studies, Mexico City, Mexico
Fund Raising School, via University of Indiana Philanthropy Institute, Frank Russo, instructor,
Boulder, CO
International Events Group, Sponsorship seminars and conferences
1992-97
JOSEPH M. CHARTER
468 Clay Street
Ashland, OR 97520
(541) 779-9330 (day)
(541) 488-2817 (home)
CIVIC
Jackson County Judge Pro Tempore, 1996-1997, 1999-2002
Jackson County Bar Association President, 2001-2002;
Executive Committee, 1997-2002
Jackson County Courts, Alternative Dispute Resolution Committee, 1997-
2001
Small Claims Court Volunteer Mediator, Mediation Works, 1997-2000
Oregon State Bar House of Delegates, 1999-2002
OSB Civil Rights Section Executive Committee, 2001-2002
Ashland Forest Lands Commission, 2000-2002
Medford School District 549C Budget Committee 1999
Medford Charter Review Committee, 1998
Medford Planning Commission, 1994-1995; Vice Chair, 1995
Board Member, Rural Outdoor Education, 1996-1998
Board Member, Samaritan Counseling Center, 1996-1999
Council Member, Ascension Lutheran Church, 1995-1998; President, 1997-
1998
Smart Reader, Jackson School, 1998-1999
Advisory Board Member, Child Care Connections, 1993-1997
Member, Rogue Valley Civic League, 1993-1996
PROFESSIONAL
Member, Oregon and California Bar Associations
Executive Committee Member, Oregon State Bar Civil Rights Section
1/97 to Present: Partner, Charter & Associates, P.C., Medford, OR
Employment law, domestic relations, construction litigation, bankruptcy,
land use, elder law, personal injury, mediation.
3/92 to 12/96: Partner, Werdell, Charter & Hanson, Medford, OR
Employment, personal injury, appellate, real estate, land use and business
law.
1/91 to 2/92: Associate, Grantland, Grensky & Blodgett, Medford, OR
Personal injury and real estate transaction practice.
1/90 to 12/90: Private Practice, Yreka, California
Real estate, landlord/tenant, personal injury, probate, and family law.
7/86 to 9/89: Associate, Hellen, Partnow & Condon, Anchorage, AK
North Slope oil royalty litigation, administrative and personal injury law.
8/84 to 8/85: Law Clerk, Hon. Walter Carpeneti, Juneau, AK
Legal research, opinion writing and special master duties.
EDUCATION
Juris Doctor, University of California at Berkeley (Boalt Hall), 1984
Notes and Comments Editor, Ecology Law Quarterly, 1983-1984.
Note, Solar Access Obstruction Nuisance Remedy: 11 ELQ 47 (1983).
Bachelor of General Studies, University of Michigan, 1980
MEDIA TION/F ACILIT A TOR TRAINING AND EXPERIENCE
Mediation and Conflict Management (40 hours), Southern Oregon State
College, July, 1996, Michael Belsky and Jonathan Lange, Instructors
Member, Jackson and Josephine County Courts Arbitrator and Mediator
Panels
Mediator, Mediation Works/ Jackson County Courts Small Claims
Mediation Program, 1997-2000
Facilitator, Talent City Council Annual Goal setting Session, March, 1997
Co-Facilitator, Ascension Lutheran Church Long Range Planning, 1998
REFERENCES
Rev. Robert Larson
Rev. Jim Stumbo, Ph.D.
Kate Geary
Ascension Lutheran Church
Samaritan Counseling Center
Mediation Works
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From:
To:
Date:
Subject:
"Tom Petersen" <petersen@blackchapman,com>
<berteauf@ashland,or,us>
1/8/033:23PM
planning commission appointment
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Dear Mayor DeBoer:
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My name is Tom Petersen, I am an attorney at law and have lived in Ashland since 1995, I am a partner in
the Medford based law firm of Black, Chapman, Webber, Stevens & Petersen, I have been a lawyer since
1982 and am admitted to practice in Oregon, Washington and California,
My experience in land use dates back to 1991 when I went to work for David Self, the former city attorney
for Oakland, California, Our practice focused primarily on land use issues, During that time I was one of a
very small number of attorneys who tried inverse condemnation cases, commonly known as takings
cases,
In 1993, I was appointed to the City of Benicia, California Economic Development Board, Benicia has a
population of about 20,000 and is located where San Francisco Bay meets the Sacramento River. It has
rolling hills and beautiful vistas. It also has an Exxon refinery and a large shipping port, all within city limits,
The city is crisscrossf'd by two major freeways and railroads, I served on this volunteer board until I
moved to Ashland, Tile function of the board was to develop and to assist the city in implementing a
long-term plan for the city and to balance the views of commercial and residential interests in order to
preserve quality of life while providing for a continuing tax base,
I am married to Kathleen Petersen and have 2 kids, Ursula and Haley, in the Ashland elementary school
system,
I am interested in becoming a planning commissioner because I care about maintaining the character and
quality of life for those of us who are lucky enough to live in Ashland. While my current employ does not
usually address land use issues, I successfully tried a land use case in Siskiyou County that was given a
published opinion by the California Court of Appeals last year,
~
Robert Kendrick may be called as a reference, His number is-944-0131,
If you are interfested in talking to me about the appointment to the Ashland Planning Commsission, please
call me at 482-1795 - home or 772-9850 - work,
Thank you for your time and consideration,
Tom Petersen
michael engelstein
9555 mt ashland ski road ashland oregon 97520
January 8,2003
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To Whom It May Concern:
I am interested in volunteering for the vacancy on the Planning Commission,
I've been living in Ashland for a year, and I am a member of the Rotary Club,
Lithia Springs,
During the prior six years, I was a member of the Board of Directors of the
Venice Canals Association, Venice, California, on which I served the last four years as
President. The Association represents the owners and residents of the 380 properties in
the Venice Canals, The Venice Canals community is on the Federal Registry of Historic
Places, as well as a Los Angeles Registered Historic Community.
The Association worked in conjunction with the residents of the community, the
City Council, police and fire departments, traffic and parking enforcement or any other
City or State agency or representative necessary for the betterment of the community.
Additionally, I was a member of the Community Police Advisory Board, Pacific
Division, Los Angeles Police Department.
Additional specifics as to the extent of my evolvement and commitment is
perhaps better saved for future conversations,
Thank you for your consideration,
Page 1 of 1
Subj: Planning Commission Vacancy
Date: 1/12/032:32:32 PM Pacific Standard Time
From: iimioann~mind.net
To: awdb@aol.com
Sent from the Internet (DetailsJ
Alan,
You probably remember me from the time you were on the Ashland School
Board and I was on the Budget Committee,
I am interested in the Planning Commission vacancy, but don't want to
apply if you already have someone in mind or believe I would be better
suited for some other role. I have applied for a few city vacancies in the
past which have been given to others perhaps more qualified, and would just
as soon not take the time to apply for the Planning Commission without some
thought that I might be selected, Even though Dave Williams, one of my good
friends encouraged me to apply, I don't have much relevant experience except
for a three year stint on the Orland, California city council when we lived
there in the late 70s, Most of my past service has been as a school
administrator.
In any case, please advise as to whether you are really seeking
additional applications such as mine for this Planning Commission vacancy.
Thanks,
Jim Watkins
jimjoann@mind.net
(541)482-6221
Tuesdav. Januarv 14.2003 America Online: Awdb
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Ashland, OR. 91~2@, J
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SUSAN O. CAIN
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Granite House
279 Granite Street
Ashland, Oregon 97520
(541) 482-4392
susanocain@yahoo.com
EXPERIENCE
. I was with KPMG Peat Mar wick for 21 years, starting in the Audit
Department in the Omaha, Nebraska office in June 1978. Transferred
to the San Francisco office in December 1978. Specialized in banking
institutions for eight years. Transferred to the Tax Department in
June 1986 as Senior Manager and was elected to the partnership in
June 1988. I retired in December 1999.
. In 1990 I became the partner in charge of Trust Tax Services in the
San Francisco office. Over the nine years I served in this capacity, we
grew the business from approximately 20,000 to over 50,000 trust tax
returns annually, with 100 staff personnel. I was given the national
responsibility for this practice in 1992 and participated in all
significant proposals throughout the country in the trust tax area.
. In 1994 I was selected by the Firm's Chairman and Deputy Chairman
to be one of approximately 30 young partners to participate in the
first Leadership 2000 program, due to demonstrated exceptional
leadership and performance. The program's purpose was to invest in
the future senior leaders of the firm by providing special, focused
developmental opportunities. I attended four sessions during 1994-
1996 with a wide range of industry and management experts.
. In 1996 I became one of six Leadership 2000 members to participate in
a national committee to improve our human resources policies. In
addition to participating on the overall committee, which was made
up of members of KPMG's Board of Directors and Management
Committee in addition to the Leadership 2000 members, I led the
subgroup on Firm compensation. This committee made significant
recommendations for changes to compensation, training, benefits,
retention and promotion policies, many of which were implemented
within the Firm.
. Throughout my career I taught internal KPMG courses, covering both
departmental techniques (auditing and tax) as well as industry specific
topics, such as banking and trust tax. I co-taught our Management
Skills seminar at our national training center in Montvale, NJ in both
1993 and 1994.
. I co-managed our banking practice in the San Francisco office for five
years. I also acted as the Personnel Partner for the Business Unit in
the Bay Area and sat on the Western Area Management Committee.
. For two years I taught a Banking Seminar at Golden Gate University
in San Francisco, California.
EDUCATION
1972-1976 Oregon State University Corvallis, OR
. B. A. General Science, graduated with highest scholarship.
VOLUNTEER ACTIVITIES
. I was on the Board of Directors and the Treasurer of the Epilepsy
Society of San Francisco from 1979 through 1990. I also acted as
President from 1986 through 1989.
. I was on the Board of Directors of the San Francisco Chapter of
American Woman's Society of Certified Public Accountants for four
years. Elected President in 1990. Served on various committees
subsequent to presidency. Received the 1995 Chapter award for
Outstanding Woman in Business in the Bay Area.
. I was on the Board of Directors of the California Society of Certified
Public Accountants, San Francisco Chapter for several years,
culminating in President in 1995. I chaired the local and then the
state-wide Committee on Depository Institutions during 1990-1995.
. I volunteered at an inner-<:ity school in Oakland, California for three
years, assisting them with record keeping and reconciliations.
. Since my retirement from KPMG, I have volunteered in the
classrooms of my two daughters as well as with their Girl Scout troops.
. I maintain membership in the American Institute of Certified Public
Accountants and the California Society of Certified Public
Accountants.
INTERESTS
. Theatre, reading, skiing and children's activities.
2
Susan O. Cain
Granite House
279 Granite Street
Ashland, OR 97520
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January 10,2003
Mayor DeBoer
20 East Main Street
Ashland, OR 97520
Dear Mayor DeBoer,
I am writing to indicate my interest in being appointed to the Planning Commission for
the City of AsWand. I understand that you are currently looking for a community
member, not a member from the real estate related professions. I believe my past work
experience makes me very well qualified for working on the Planning Commission. The
Commission is charged with making decisions based on the statutes related to the project.
As you will see from the enclosed resume, I spent over 20 years in an international
accounting firm, where I was responsible for ensuring that accounting and audit rules,
and then tax law, was interpreted and followed. Appropriate reading and research were
imperative for the best decisions. These decisions must be based on the statutes involved,
not the personal feelings of the Commission members.
I believe that as a new member of this community, having moved here last August, I
may be able to offer a fresh perspective to the Commission. My husband and I are native
Oregonians, although we spent over 20 years in the Bay Area and the last two years in
England. We were able to travel extensively while overseas, which may provide
additional ideas for City projects. We have been visiting AsWand for two decades,
enjoying the theatre and outdoor activities. We decided a number of years ago to retire to
AsWand and furthered that decision in 1996 by purchasing the old granite quarry on
Granite Street, as our first and only development endeavor. We spent the next year
working with the Planning Commission on our project and then began the reclamation at
the end of 1997. After the reclamation was complete we built two houses, including the
one in which we currently live. As part of that project we built a public access stairway
and donated half the property purchased to the City of Ashland for open space.
I would be pleased to answer any questions you might have and can be reached at the
above email or telephone number.
Very truly yours,
~~~.
Susan O. Cain
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Ken~d~Si~
Landscape Architecture .. Site Planning
January 14,2003
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City Recorder
City of Ashland
City Hall
Ashland, Oregon
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Regarding: Planning Commission Position
To whom it may concern,
I am excited to preface Susan Cain's letter of interest in an appointment to the planning
commission with a cover letter of my own. I have known Susan since 1997 when she and her
husband hired me to do the reclamation planning and implementation of the old granite quarry
site on Granite Street. Susan is a very even-tempered and thoughtful person, able to look at and
interpret information without personalizing it and getting clouded by emotion; at the same time,
Susan is an incredibly enthusiastic team player.
I realize that Susan and her family have not lived in Ashland for long, and that that might negate
her other positive attributes as a prospective planning commissioner. I have been involved with
the Cains for various reasons continuously since 1997, during that time they have stayed in touch
with local politics, education issues and the arts. From the beginning the Cains have known they
were moving here, and that they wanted to raise their daughters here. I believe that though the
Cains have actually moved to Ashland very recently, they have worked hard in the past five years
to maintain an awareness of local issues and I know that they care immensely about the future of
Ashland and its residents.
Obviously, I am very interested in seeing Susan Cain appointed to the planning commission, I
would appreciated her even handedness, and ability to judge issues and projects within the
parameters of law and ordinance.
Thank you for your ime and consideration,
545 '/'i Street, Suite 3, Ashland, OR 97520 · voice (541) 488-3194 fax (541) 552-9512
SUMMARY:
EDUCATION:
1984
1973
EXPERIENCE:
1991-
1989-91
1988-89
1984-88
1983-84
1969-83
INTERESTS:
DAVID R. CHAPMAN
o [ECrEDVlEn
JAN 1 6 2003 U
1:.1
318 Wrights Creek Dr.
Ashland, Oregon 95750
(541) 488-0152
Fifteen years experience with the computer industry in research and
development working with a wide variety of networked equipment. Fifteen
years experience with theater industry.
M.S. Program in Computer &:ience, University of Minnesota, Minneapolis,
MN. Completed coursework with the area of conceotratim in machine design
and graphics.
B.A. in Tbeater Arts, University of Tens, Austin, TIC Specializatim in
Theatel" Technology and Lighting Design.
Self-employed Computer COIISultant. Worked wi1h companies on a project
basis to supply expertise in several areas acquired from previous appointments.
My projects ranged from ongoing work at MCC to Website design and
implementatim for small companies. Projects included identifying and resolving
problems in the workplace. The solutims were small programs or scripts using
applications such as Word, Access, Excel and PhotoShop. Worked with Unix
and Pes in C, Delphi, Pearl, Flash, HTML, ColdFusion, SQL and FfP.
Mic:roeleetronies and Computer Tecbnology Corp. (MCC), Austin, TX.
Worked on pattern recognitim software including neural net simulators and
their application in ftatsa'een display technology. The focus of my work was to
improve the efficiency of simulators and image processing and to build
demonstratim hardware and software using our technology. Worked with Lisp
machines, various Unix workstations and PCs in Lisp and C.
Loc:kheed MissUes and Spaee Co.. Austin, Texas. Worked m groupware for
the Software Tedmology Center. The focus of my work was user interfilces for
tools across a variety of networked machines. Worked with Lisp machines, Mac
and Sun workstations in Lisp, C and Hypercard.
MicroelectrOllks and Computer Tecbaology Corp. (MCC). Austin, TX.
Team designed and worked on the platform and interactive editors for a
networked Electrical CAD system. Worked with Lisp machines, Silicon
Graphics and Sun workstatims in object-oriented Lisp, C and X windows.
Strengths: Creative, forthright, leader.
Control Data Corp., Minneapolis, MN. Software applications developer in
Electrical CAD systems. Worked on an internctive placement program for gate-
array layout. Design, usability, documentation, programming and customer
support. On Unix workstations, in FORTRAN. Strengths: Quick, responsible,
thorough, professional.
Tbeatrical Experieaee. Lighting design, technical direction, stage construction,
electrics, sound and special effects for theater, opera, dance, concerts and
television. Representative skills: Artistic, management, carpentry, electrical,
plastics, welding, engineering, drafting, rigging, etc.
Practicing and teaching Tai Chi Chuan, bicycling, hiking, painting and music.
Alan DeBoer, Mayor
City of AsWand
AsWand. OR 97520
January 16, 2003
Dear Mr. Mayor,
I would like to be considered for the opening on AsWand's Planning Commission.
Currently, I am serving as the Chair on the Bicycle and Pedestrian Commission.
However, my term expires in April and I would appreciate the opportunity to continue
working in our community in a different position.
An important aspect of maintaining a livable community in Ashland is working toward
easier safe access for pedestrians and cyclists, and that has been my primary interest
while working on the Bicycle and Pedestrian Commission. I have also served as our
liaison to the Traffic Safety Commission and attended their meetings. I served on the
Citizen's Design Committees both for Siskiyou Boulevard and for AsWand Street. In
addition, I attended meetings with the Transportation, Transit and Parking Committee
and the community meetings for the Strawberry Lane and the Tolman Creek LIDs.
My interests have not entirely changed. I have discovered that advocating for walking
and bicycling leads to the desire to ensure access and safety, which then leads to the need
for long range planning. Some decisions by the Planning Commission clearly affect
traffic congestion and how we chose to move about in our city. However, I am interested
in more than traffic safety. I am a citizen that cares about how our city will look and
function in the future.
I am not a developer, an architect or in the building trades, however I do have a good bit
of construction experience. I have spent the last two years remodeling our home and my
theatrical experience was both artistic and technical. I look forward to continuing to serve
AsWand.
Thank you.
Sincerely,
~~ Q Q~\f--
David R. Chapman
318 Wrights Creek Dr.
Ashland, OR 97520
DavidSusan@asWandhome.net
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CITY Of
ASHLAND
Council Communication
TITLE:
DEPT:
DATE:
SUBMITTED BY:
REVIEWED BY:
APPROVED BY:
Synopsis:
Recommendation:
Fiscal Impact:
Background:
Findings for Planning Action 2002-106,916 East Main Street
Community Development
January 16, 2003 ~.
Maria Harris, Associate Planner ~.
Paul Nolte, City Attorney tv'
Brian Almquist, City Administrato~
The attached findings are for the decision of the City Council on January 7,2003
granting approval for Site Review to construct three buildings containing a total
of four apartment/condominium units, a Variance to reduce the special yard
distance between two of the buildings to eight feet and a Tree Removal Permit to
remove two trees for the property located at 916 East Main Street.
Staff recommends adoption of the findings.
No fiscal impact to the City of Ashland.
The applicant appealed the decision of the Planning Commission to the City
Council. The City Council held land use proceedings including a public hearing
on January 7, 2003. The application was approved by the City Council.
The application was administratively approved in September 2002. Subsequently,
it was called up for a public hearing by three neighbors. The Planning
Commission held a public hearing and reviewed the application on October 8,
2002 and November 12, 2002. The Planning Commission denied the application
noting that the application did not meet the burden of proof for a Variance to
reduce the distance between building to eight feet.
~.l'
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BEFORE THE CITY COUNCIL
FOR THE CITY OF ASHLAND
STATE OF OREGON
January 7, 2003
IN THE MATTER OF PLANNING ACTION #2002-106, A REQUEST FOR )
SITE REVIEW APPROVAL TO CONSTRUCT A FOUR-UNIT APARTMENT/ ) FINDINGS,
CONDOMINIUM COMPLEX, A VARIANCE TO REDUCE THE DISTANCE ) CONCLUSIONS
BETWEEN BUILDINGS TO EIGHT FEET, AND A TREE REMOVAL PREMIT TO) AND ORDERS
REMOVE TWO TREES FOR THE PROPERTY LOCATED AT 916 EAST )
MAIN STREET. )
)
APPLICANT: Ron DeLuca )
----------------------------------------------------------------------------------------------------------
RECITALS:
1) Tax lot 4000 of391E 09AD is located at 916 East Main Street and is zoned R-2: Low Density Multi-
Family Residential.
2) The applicant is requesting Site Review approval to construct three buildings containing a total offour
apartment/condominium units. The application also includes a request for a Variance to reduce the
special yard distance between two ofthe buildings to eight feet and a Tree Removal Permit to remove
two trees on the property.
3) The foUowing approval criteria for Site Review approval are described in 18.72.070:
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.
C. 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-of-
way shall comply with the Street Standards in Chapter 18.88, Performance Standards
Options.
4) The foUowing approval criteria for Variance approval are described in 18.100.020:
A. That there are unique or unusual circumstances which apply to this site which do not typically
apply elsewhere.
B. That the proposal's benefits will be greater than any negative impacts on the development of
r .-
the adjacent uses; and will further the purpose and intent of this ordinance and the
Comprehensive Plan of the City.
C. That the conditions or circumstances have not been willfully or purposely self-imposed.
5) The following approval criteria for a Tree Removal Permit approval are described in 18.61.080:
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 injure 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 following:
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 surface waters, protection of adjacent 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 ofthe 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
r-.
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.
6) The Council, following proper public notice, held a Public Hearing on January 7, 2003, at which
time testimony was received and exhibits were presented. The record made before the Planning
Commission was received and is made a part of the record for this proceeding. The Council approved
the application subject to conditions pertaining to the appropriate development of the site.
Now, therefore, the Council of the City of Ashland finds, concludes and concludes 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 tip"
Opponent's Exhibits, lettered with an "0"
Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "M"
SECTION 2. CONCLUSORY FINDINGS
2.1 The Council finds that it has received all information necessary to make a decision based on
the Staff Report, public hearing testimony and the exhibits received.
2.2 The Council finds that the proposal to construct three buildings containing a total of four
apartment/condominium units, including a Variance to reduce the special yard distance between two
of the buildings to eight feet and a Tree Removal Permit to remove two trees on the property meets
all applicable criteria for approval described in the Site Review chapter 18.72, Variance chapter
18.100 and Tree Preservation and Protection chapter 18.61.
2.3 The Council finds that the proposal complies with the requirements for Site Review approval.
Public facilities are located within East Main Street and are available to accommodate service needs
of the project. Seven parking spaces are provided at the rear of the site and accessed by a public
alley, and six sheltered bicycle parking spaces are located near the motor vehicle parking area
consistent with the City of Ashland parking standards.
The Council finds that the project design is consistent with the City's Site Design Standards for
'P'''''''' _..
multi-family development, including orientation, streetscape, landscaping, open space and building
materials. The units adjacent to East Main Street are oriented toward the public street and off-street
parking is situated at the rear of the property. Pedestrian paths link the front doors of all units to the
public sidewalk on East Main Street. Forty percent of the site will be landscaped, in excess of the
35% required by the zoning district. A combination of common open space situated between the
buildings in the middle of the property and private patios and decks result in 15% of the total lot area
devoted to usable open space, well in excess of the eight percent required by the Basic Site Review
Standards.
The Council finds that the removal of a 24-inch diameter at breast height English Walnut near the
front property line complies with the criteria of approval for removal of a hazard tree. The tree
canopy is over the public sidewalk, and a certified arborist has established that the tree has lost large
branches which is a public safety hazard given the location. The Council finds the removal of a 12-
inch diameter at breast height Western Incense Cedar at the rear of the property meets the criteria
of approval for removal of a tree that is not a hazard. The removal of the tree will not negatively
impact erosion, soil stability, flow of surface waters or existing windbreaks and will not diminish
the variety of conifer species within 200 feet of the property. The site design including the layout
and sizes of the three buildings meets the Basic and Historic District Site Review Standards and is
an important part of making the proposal compatible with the historic neighborhood.
2.4 The Council finds that the approval of the Variance to the distance between buildings is
justified due to the existing development pattern in the historic neighborhood. The average distance
between buildings within 100 feet of the site is II feet, significantly less than the required distance
between buildings of 17.75 feet in this case. The benefit of the proposal is that it will allow the
development of detached structures which are of a similar scale to the historic structures in the
surrounding area and which meet the City's Historic District Design Standards. In addition, the
development will provide one affordable unit and four rental units, multi-family rental units being
identified as a high priority need in the City of Ashland Housing Needs Analysis, March 2002,
within two blocks of a grocery store and within 1/3 of a mile of the downtown. The side yard
setback pattern and architectural scale of the historic neighborhood was established before the
current proposal and therefore the circumstances are not self imposed.
2.5 The standard setback for front yards is set forth in sectiQn 18.24.040.D. For the subject
property the standard front yard is 20 feet. The front yard as submitted for this project, however,
is 10 feet. The exception to front yards as set forth in 18.68.11 O.A applies to this application and
reduces the size of the required front yard to 10 feet. The general exception provides that if there
are dwellings on both abutting lots with yards less than the required depth, the yard need not
exceed the average of the abutting lots. The side yard on one abutting lot is 10 feet to the face of
the building and the front yard on the other abutting lot is 10 feet. The average of these two lots
is 10 feet. The front yard of the subject property at 10 feet therefore meets the requirements for
front yards.
The opponents raise the issue of special setbacks requirements for East Main Street as set forth in
the Ashland Land Use Ordinance section 18.68.050.A. This section requires that yards be
measured from the special baseline defined in that section rather than the property line. Under
.,..... _..
this requirement the yard for the subject property would have to be 25 feet from the property line,
not the 10 feet as designed. The general exception to front yard requirements in 18.68.110.A also
applies to this special baseline, however. As explained above, the average yard for the abutting
structures as measured from the property line is 10 feet. The proposed yard for the subject
property is 10 feet and therefore meets the standard if all yards are measured from the property
line. Using the special baseline instead of the property line reduces the average yard for the
abutting properties to five feet. The proposed yard for the subject property is five feet if
measured from the special baseline and therefore meets the standard if all yards are measured
from the special baseline. We interpret the requirement in 18.68.050.A to mean what it says,
"every yard abutting (East Main Street) shall be measured from the special base line setbacks."
When applying the general exception in 18.68.11 O.A, which we interpret is the appropriate
section to apply to any front yard setback requirements, whether on East Main Street or not, the
same "yardstick" is to be used. In other words, the abutting properties' yards are to be measured
from the special baseline in determining what the average yard depth is.
SECTION 3. DECISION
3.1 Based on the foregoing findings off acts, conclusions oflaw and evidence contained in the whole record,
the Council finds and concludes that the application for Site Review to construct three buildings containing
a total of four apartment/condominium units, including a Variance to reduce the special yard distance
between two of the buildings to eight feet and a Tree Removal Permit to remove two trees on the property
has satisfied all relative substantive standards and criteria contained within the Ashland Municipal Code and
the Ashland Site Design and Use Standards.
The Council ultimately concludes, based upon the foregoing and following conditions, that planning
application 2002-106 complies with all requirements of the City of Ashland and of the State of Oregon.
Therefore, the City Council reverses the decision of the Ashland Planning Commission and approves with
conditions planning application 2002-106 and imposes the following conditions.
1) That all proposals of the applicant shall be conditions of approval unless otherwise modified here.
2) That a drainage plan shall be submitted for review and approval of the Engineering Division prior
to issuance of a building permit.
3) That all requirements of the Ashland Fire Department shall be met including, but not limited to
installation of a fire hydrant to serve unit 4 or a residential sprinkler system, and maintenance of
the alley as a fire apparatus access road, prior to issuance of the first certificate of occupancy.
4) That all items (plant, fence, etc.) shall be limited to 2.5 feet in height in the vision clearance area
adjacent to the alley in accordance with 18.72.120.C.
5) That all landscaping and irrigation including street trees shall be installed or bonded for prior to the
issuance of a certificate of occupancy for the first unit.
6) That an evergreen tree a minimum of 1 Y>-inch caliper, five to six foot in height shall be planted on
site for mitigation for the western red cedar that is removed. The landscaping plan shall be revised
and submitted for review and approval for the Staff Advisor prior to submittal for a building permit
7) That the landscape and irrigation plan shall be revised to include recommendations of the Tree
Commission with final approval of the Staff Advisor prior to submittal for a building permit.
8) That the recommendations ofthe Historic Commission with final approval of the Staff Advisor
shall be incorporated into the building permit submittals.
9) That additional information regarding Ashland's Conservation Housing Density Bonus shall be
provided at the time of Final Plan approval. Each unit to include a minimum of 15 points.
10) That one of the four units shall be affordable under the City of Ashland Affordable Housing program
cost levels. If the unit is a rental, verification of the residents' income and the rental price shall be
submitted to the Planning Division annually by January 31. If the unit is converted to a condominium
for ownership, the buyer's income and the price shall be submitted to the Planning Division. The
purchase of the condominium shall be processed through the City of Ashland's Affordable housing
program.
CITY OF ASHLAND, OREGON
By: Alan DeBoer, Mayor
Date
..........'..~.,.-...-~.,~.-
MEMORANDUM
TO :
EROM :
DATE :
SUBJECT :
Honorable Mayor and City Councilors
Ashland Parks and Recreation Commission
January 17, 2003
Recommendation on Funding
For the past year the Ashland Parks and Recreation Commission has been working on the update of the
Parks, Trails, Open Space Plan. Last year the Council approved the short and long-term plans as
recommended by the Ashland Parks and Recreation Commission. As part of the update process a
committee was appointed by the Ashland Parks and Recreation Commission to explore and recommend
a proposal to fund the updated short-term plan. The Committee was comprised of Parks and Recreation
Commissioners, City Councilors, and citizens. After reviewing and discussing a variety of funding
options the committee recommended the following:
That a ballot measure be presented to the voters at the first opportunity in 2003 to reallocate the
percentage of the food and beverage tax as follows: 40% to Parks, Trails, Open Space, and 60% to
the wastewater treatment facility. (Note the current allocation is 20% Parks, Trails, Open Space,
80% wastewater treatment facility).
2. To increase Parks SDCs based on increasing land prices.
3. Donations, grants and private public partnerships along with other creative funding strategies would
be pursued to provide additional funding for the plan.
In addition the Committee has included the following recommendation to the Council:
To offset the decrease in monies going to the wastewater facility from the food and beverage tax by
increasing sewer rates. The preliminary estimate is that the sewer rates would be increased by 15%.
These recommendations were approved by the Ashland Parks and Recreation Commission.
Barbara christensen L open ~Pace plan Page 1
From:
To:
Date:
Subject:
Jenny Thurston <jennytl@charter. net>
<council@ashland.or. us>
1/21/03 3:31PM
open space plan
Why is the Parks and Recreation Commission not being direct with the
public and just say it wants more money? VVhy reduce the amount of
funding for the waste water treatment facility making it seem like we
must accept a 15 percent rate increase for this necessity? When in fact
the funds are really meant to go to the Parks and Recreation commission.
I find this tactic underhanded, manipulative, and insulting. If this
commission, which seems to have an unusually high proportion of
Ashland's budget and little if any fiscal control by the city, cannot
manage its funds then change the way this commission functions. Bring
it under budgetary control , make it accountable, and above all
ethical. If a ballot measure is called for make it an honest one so we
know exactly why we are asked to pay more taxes. Affordable housing is
not Ashland's primary problem it is affordable taxes. Any and all
increases in public taxes, levies etc. should be presented with a
running cumulative cost factor. You, the council, are our collective
conscience. DO YOUR JOB! Sincerely, Jenny Thurston 1482 Woodland
Drive Ashland
Barbara christensen - open space plan Page 1
From:
To:
Date:
Subject:
Jenny Thurston <jennytl@charter. net>
<council@ashland.or. us>
1/21/03 3:31PM
open space plan
Why is the Parks and Recreation Commission not being direct with the
public and just say it wants more money? Why reduce the amount of
funding for the waste water treatment facility making it seem like we
must accept a 15 percent rate increase for this necessity? When in fact
the funds are really meant to go to the Parks and Recreation commission.
I find this tactic underhanded, manipulative, and insulting. If this
commission, which seems to have an unusually high proportion of
Ashland's budget and little if any fiscal control by the city, cannot
manage its funds then change the way this commission functions. Bring
it under budgetary control , make it accountable, and above all
ethical. If a ballot measure is called for make it an honest one so we
know exactly why we are asked to pay more taxes. Affordable housing is
not Ashland's primary problem it is affordable taxes. Any and all
increases in public taxes, levies etc. should be presented with a
running cumulative cost factor. You, the council, are our collective
conscience. DO YOUR JOB! Sincerely, Jenny Thurston 1482 Woodland
Drive Ashland
CITY OF
SHLAND
Council Communication
Title:
Dept:
Date:
Submitted By:
Reviewed By:
Approved By:
Synopsis:
Provide Two Permanent Easements to the State of Oregon for Traffic
Control Facilities; one at the Elks Parking Lot, 255 E. Main Street, and the
other at the Corner of the City's Parking Lot at Pioneer Street / Lithia Way
Public Works Department
January 21,2003
Paula Brown'~
Paul Nolte i/~"
Brian Almqui¥ 's{t/~''-~
The State of Oregon, Department of Transportation, is requesting the City act on two easement
requirements:
!) Accept an offer from ODOT for a permanent easement located in the Elks Parking Lot landscape area
to accommodate the installation of a traffic signal control facility. The City currentlyleases a portion
of the parking lot from the Benevolent and Protective Order of the Elks. ~ ' ~- ,
2) Donate a permanent easement on a portion of City owned land for the installation of a traffic'signal.'
The easement would be on a comer of the City owned parking lot and is needed for a'control device
for the traffic signal being installed at the intersection of Pioneer Street and Lithia Way.:
Recommendation:
It is recommend that Council accept both of these easements; one at the Elks Parking Lot, 255 E. Main
Street, and the other at the comer of the City's parking lot at Pioneer Street / Lithia Way, to further
improve traffic safety in the downtown corridor.
Fiscal Impact:
The ODOT easement for the property at the Elks Parking Lot is being purchased by ODOT from the Elks
for $1,800.00, and the City's would receive a $400.00 relocation benefit to adjust landscaping and
sprinklers. The second easement at the intersection of Pioneer Street and Lithia Way is being donated by
the City to ODOT and as such has no fiscal impact to the City.
Background:
The Oregon Department of Transportation is currently assembling plans and specifications for the
Helman - 2nd Street Signal Project. This project installs five traffic signals on Highway 99 (E. Main
Street / Lithia Way) at the intersections of Helman, Pioneer and 2"d Streets. To accommodate signal poles
and controls easements are needed at the northeast comer of Pioneer and Lithia Way and in the
Landscaped area of the Elks Parking Lot. The easement is a section of land 5.6 feet wide by 9.8 feet deep
(65 sf), the description is attached. There is no impact on the parking lot as this easement and pole
location will be in the landscaped area. A condition of the Elks lease states the City will be responsible
for the landscaping area compelling ODOT to compensate both the Elks and the City for this acquisition.
The project is scheduled to begin in Spring 2003 and be completed by November 2003.
G:\pub-wrks~admin\PB Council~Street_ODOT misc\CC State Easements signal proj 2 IJan03.doc
Dregon
John A. IGtzhaber, M.D" Governor
Department of Transportation
Region 3 Right of Way
ill. ~ @ ~ a w ~ ill 3500 NW Stewa~;~~;~~~t~7~~
f 1 (541) 957-3559
n I . ~ \ FAX (541) 957-3563
U L..D~C .~_~
CITY Of ASHLAND FILE CODE:
File: 7028-002
Name: City of Ashland
Section: Helman St.-2nd St. (Ashland)
Highway: Rogue Valley
County: Jackson
December 23, 2002
City of Ashland
Attn: Paula Brown
20 E Main
Ashland OR 97520
Dear Ms. Brown,
Thank you for returning the signed Donation Agreement for the easement on the
city's parcel at the comer of N. Pioneer and Lithia Way.
I have endosed a Donation Easement that will need to be signed in the presence of
a notary. After signature, please return the easement to me in the enclosed
envelope, and the State will record the document.
If you have any questions, please feel free to call. Thank you for your cooperation.
Sincerely,
~~
Susan Landis
Sr. Right of Way Agent
Ene. Donation Easement
Form 734--2109 (9/W)
@
,...
File 7028002
Drawing 10B-16-38
DONATION EASEMENT
CITY OF ASHLAND. a municipal corporation of the State of Oregon, Grantor, for no monetary consideration
does grant to the STATE OF OREGON, by and through Its DEPARTMENT OF TRANSPORTATION. Grantee, its
successors and assigns, a penn anent easement for the installation, operation, and maintenance of traffic control facilities
and its appurtenances, including traffic signal vehicle loop detectors, under, over, and across the property described on
Exhibit "A" datecl9/10/2002 attached hereto and by this reference made a part hereof.
IT IS UNDERSTOOD that the easement herein granted does not convey any right or interest in the above-described
Parcel, except as stated herein, nor prevent Grantor from the use of said property; provided, however, that such use does
not interfere with the rights herein granted. Grantee, its successors and assigns, shall have the right to go upon the real
property herein above described for the purpose of installing, operating, and maintaining said traffic control facilities and its
appurtenances,
RETURN TO AND TAX STATEMENT TO
OREGON DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY SECTION
355 CAPITOL STREET NE, ROOM 420
SALEM OR 97301-3871
Account No.: 10065435,39-1 E-09BA - 11500
Property Address: Pioneer & Lithia Way
12/20/02
Page 1 of 1 - EA
mma
"'"'
File 7028002
Drawing 10B-16-38
In construing this document, where the context so requires, the singular includes the plural and all grammatical
changes shall be made so that this document shall apply equally to corporations and to individuals,
Dated this
day of
,20_,
APPROVED AS TO FORM:
CITY OF ASHLAND, a municipal corporation of the State of
Oregon
By
By
Mayor
By
Auditor
STATE OF OREGON, County of Jackson
Dated
,20
, Personally appeared
and
, who, being sworn, stated that they are the Mayor and Auditor of the City of
City of Ashland, a municipal corporation of the State of Oregon, and that this instrument was voluntarily signed on behalf of
said municipal corporation by authority of its Ordinance No,
, passed by the Council of said City on this
Notary Public for Oregon
II
day of
,20
My Commission expires
Accepted on behalf of the Oregon Department of Transportation
12/20102
Page 1 of 1 - EA
mma
.....
EXHIBIT A - Page 1 of 1
File 7028002
Drawing 1OB-16-38
9/10/2002
Permanent Easement for Traffic Control Facilities
A parcel of land lying in Lot 2, Block 23, CHITWOOD TRACT, Jackson County, Oregon
and being a portion of that property designated as Parcel 2 and described in that Warranty
Deed to the City of Ashland, recorded as Document No. 88-28125 of the Official Records
of Jackson County; the said parcel being the Westerly 3 meters of said Lot 2.
EXCEPT therefrom the Northerly 11.5 meters of said Lot.
This parcel of land contains 6 square meters, more or less.
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City of Ash/and
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.";~.... t"erm. LOse, _
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6: 6 m2.t: (i6- StJ
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002 _________
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regoo
Department of Transportation
Region 3 Right of Way
3500 NW Stewart Parkway, Ste. 164
Roseburg, OR 97470
(541) 957-3559
FAJ< (541) 957-3563
John A. Kitzhaber. M,D,. Governor
1/02/2003
FILE CODE:
City of Ashland, Attn: Public Works Director
20 East Main Street
Ashland, OR. 97520
File No.: 7028003
Section: Helman St. - 2nd St. (Ashland)
Highway: Rogue Valley
County: Jackson
FAP#: X-STP-S063
On January 2, 2003 the State began negotiations to purchase (a portion of the) property you lease which is
needed for improvement of the subject highway. The enclosed sketch shows the area being acquired.
PLEASE READ CARE FULL Y the two attached pamphlets: "Moving Because of the Highway or Public
Project?" and "Acquiring Land for Highways and Public Projects." These pamphlets describe the acquisition
process and relocation benefits provided by State and Federal law,
The State will not require you to vacate the (portion of the) property being acquired earlier than 90 days from
the date of this letter or within 30 days after final payment to the property owner, whichever is later. You will
be notified at least 30 days before you must vacate.
I have spoken with Mr. Rex Morgan, representative of the property owner, Ashland Lodge #944 BPOE. He
has instructed me to assign the portion of our offer ($400) for the landscaping and irrigation located within
the easement area to the City of Ashland. Accordingly the City will be responsible to remove or relocate the
irrigation system located within the easement area prior to the beginning of construction, on or before
February 15, 2003. As lessee of the property, the City will be required to sign the documents as
subordination of interest holder. I have forwarded the documents to Mr. Morgan for notarized signature and
he indicated he would promptly forward them to you for signature. I appreciate your prompt response in
returning the completed documents as we are on a very tight construction schedule.
For an explanation of relocation benefits available to you, please refer to the enclosed "RELOCATION
BENEFIT SUMMARY". If you need additional information, contact me at my office. My telephone number is
(541) 957-3548.
s~~
'-J1 Amos
Right of Way Agent
Enclosures
Form 734-2109 (91m
734-1713 (7196)
@
...' ,
FILE NO, R7028003 NAME City of Ashland, Attn: Public Works
Director
FAP No, X-STP-S063 DATE 1/0212003
RELOCATION
BENEFIT SUMMARY
NON-RESIDENTIAL OCCUPANTS
Federal and State laws provide relocation benefrts for displaced businesses, farms, and non-profit
organizations. You may be eligible for the following assistance. Please read the booklet, Your Rights
and Benefits as a Displaced Person, for additional information concerning this assistance.
D RELOCATION ADVISORY ASSISTANCE: To provide you with current information regarding
availability of comparable properties, and to provide information on Federal and State assistance
programs, etc.
D SEARCH EXPENSES in locating a new site, not to exceed $1,000. Expenses may include
transportation expenses, meals and lodging away from home, time spent searching based on
reasonable salary and earnings, fees paid to a real estate agent or broker to locate a replacement
site, exclusive of any fees or commissions related to the purchase of the replacement site.
D ACTUAL DIRECT LOSSES TO TANGIBLE PERSONAL PROPERTY: This benefit is intended to
compensate for personal property that cannot be moved. The payment is based on the actual value
of the items not moved or the estimated cost to move the item(s), whichever is less.
D MOVING COST - BASED ON ESTIMATES: A payment to you for moving your personal property
50 miles (80 kilometers) or less. This amount is based on the lower of two estimates prepared by
qualified estimators. We must be notified of when you plan to move.
D COMMERCIAL MOVE COST: A payment based on the actual and reasonable documented cost of
moving your personal property 50 miles (80 kilometers) or less by a certified moving company. We
must be notified of when you plan to move.
D REESTABLISHMENT EXPENSES: In addition to the payments for actual, reasonable, and related
moving expenses, you may be eligible to receive a payment not to exceed $10,000 for expenses
incurred in reestablishing your business, fann, or non-profit organization at a replacement site.
D FIXED PAYMENT: If you apply and are found eligible, no other relocation benefits will be paid. If
eligible, a payment of not less than $1,000 nor more than $20,000 will be made. This payment is
based on the average annual net earnings of your operations, during the two taxable years prior to
displacement.
[gI YOU ARE NOT ELIGIBLE FOR THE RELOCATION BENEFITS LISTED ABOVE: A review of this
acquisition indicates that you will not be displaced by this project.
[g! RELOCATION APPEAL: If you have been denied eligibility for relocation benefits, or if you do not
agree with the amount of a relocation payment, you have the right of appeal, and you may file a
written request for an appeal of your relocation benefits within 90 days of this notification.
Form 734-1717 (11/00)
...
File: 7028003
Name: Ashland Lodge #944 BPOE
Date: January 2, 2003
ACQUISITION SUMMARY STATEMENT
Other
None
$1,720.00.
$0.00
$0.00
$1,800.00
*Land and ..Improvements
Damages
TOTAL JUST COMPENSATION
· LAND ACQUIRED
IT] Permanent Easement I 64.58 Sq. Ft. (6,00 Sq. Meters)
** IMPROVEMENTS IN ACQUISITION AREA:
Ornamental shrubs, ground cover & irrigation.
NOTICE TO VACATE:
Written notice to vacate will not be required. Possession will be upon payment.
THE FOLLOWING SEPARATELY HELD OWNERSHIP INTERESTS ARE INCLUDED IN THE TOTAL JUST
COMPENSATION SHOWN ABOVE:
.City of Ashland will receive $400 for tenant owned improvements.
APPRAISAL INFORMATION:
AppraisalNaluation by: C. Pearsall
Date of Valuation: 12/1612002
Value: $1,800.00
Date Written: 12/1612002
Form 17)4.'714 (7196)
File 7028003
Drawing 106-16-38
YOUR COPY
RETURN ORIGINAL
PERMANENT EASEMENT
ASHLAND LODGE NO. 944, BENEVOLENT AND PROTECTIVE ORDER OF ELKS, an Oregon non-profit
corporation, Grantor, for the true and actual consideration of $ 1.800.00 does grant to the STATE OF OREGON, by and
through its DEPARTMENT OF TRANSPORTATION, Grantee, its successors and assigns, a permanent easement for the
installation, operation, and maintenance of traffic control facilities and its appurtenances, including traffic signal vehicle loop
detectors, under, over, and across the property described on Exhibit "A" dated 9/10/2002 attached hereto and by this
reference made a part hereof,
IT IS UNDERSTOOD that the easement herein granted does not convey any right or interest in the above-described
Parcel, except as stated herein, nor prevent Grantor from the use of said property; provided, however, that such use does
not interfere with the rights herein granted. Grantee, its successors and assigns, shall have the right to go upon the real
property herein above described for the purpose of installing, operating, and maintaining said traffic control facilities and its
appurtenances,
RETURN TO AND TAX STATEMENT TO
OREGON DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY SECTION
355 CAPITOL STREET NE, ROOM 420
SALEM OR 97301-3871
Account No.: 10068457,39 1E 0960 TL3900
Property Address: 255 E. Main Sl.
Ashland, OR
12/23/02
Pagelof2-EA
mmalgmh
File 7028003
Drawing 10B-16-38
In construing this document, where the context so requires, the singular includes the plural and all grammatical
changes shall be made so that this document shall apply equally to corporations and to individuals,
Dated this
day of
,20 .
ASHLAND LODGE NO. 944, BENEVOLENT AND
PROTECTIVE ORDER OF ELKS, an Oregon non-profit
corporation
By
President
By
Secretary
STATE OF OREGON, County of
Dated
,20
Personally appeared
, who, being sworn, stated that they are the President and Secretary of Ashland
and
lodge No, 944, Benevolent and Protective Order of Elks, and Oregon non-profit corporation, and that this instrument was
voluntarily signed on behalf of the corporation by authority of its Board of Directors, Before me:
Notary Public for Oregon
My Commission expires
SUBORDINATION OF INTEREST HOLDER
City of Ashland, a municipal corporation of the State of Oregon, being the holder of a leasehold interest in the
real property described in the easement herein above set forth, does consent to said easement, and subordinates all interest
that leaseholder has in said real property to said easement.
Dated this
day of
,20
City of Ashland
City of Ashland
Accepted on behalf of the Oregon Department of Transportation
12/23/02
Page 2 of 2 - EA
mmalgmh
EXHIBIT A - Page 1 of 1
File 7028003
Drawing 10B-16-38
9/10/2002
Permanent Easement for Traffic Control Facilities
The Northerly 2 meters of Lot 1, Block U, RAILROAD ADDITION, Jackson County,
Oregon,
ALSO that portion of vacated 'C' Street inuring to said Lot.
EXCEPT therefrom that property described in that Warranty Deed to the State of Oregon,
by and through its State Highway Commission, recorded December 9, 1955 in Book 419,
Page 335 of Jackson County Record of Deeds.
This parcel of land contains 6 square meters, more or less.
STATE'S OBLlGATION(S) AGREEMENT
File No,: 7028003
YOUR COpy
riETURN ORIGINAL Date: January 2,2003
The State will direct its contractor to modify and replace the retaining wall removed within the easement
area with like quality and construction retaining wall as part of the project.
State will at the time of highway construction, build the following approach roads:
Curb Cut Width
Any construction lying outside of the traveled portion and shoulders but within the right of way of the
highway which is made for the use and benefit of the remaining property, either under the terms of this
agreement or the construction plans, shall be completed in conformance with normal engineering
construction practices and hereafter shall be maintained or reconstructed by the property owner in
accordance with ORS 374.305, et seq. and OAR 734-051-0010 to 051-0400, OAR 734-055-0050 to 055-
0600 and other applicable statutes and regulations.
If any of the construction under the terms of this agreement is outside of the highway right of way, Grantors
hereby grant State, its employees or contractors, permission to enter upon their remaining property for the
purpose of performing any of said construction work.
It is understood and agreed that State's performance of this agreement shall be a portion of the
consideration for the concurrent real property transaction evidenced by deed between Grantors and State.
This agreement shall not be effective or binding until Grantors receive notice from the State accepting the
conveyance of the real property interests,
Ashland lodge #944 BPOE
Date
City of Ashland,
Attn: Public Works Director
Date
734-3931 (8196)
,...'
File No, 7028003
ASSIGNMENT OF SALE PROCEEDS
YOUR COpy
RETURN ORIGINAL
The undersigned assign(s) and transfer(s) to:
Name: City of Ashland
Address: 20 East Main Street, Ashland, OR 97520
The net proceeds $400,00 due from the State of Oregon, Department of Transportation, in
connection with the sale of certain property to the State of Oregon; provided, however, that this
assignment shall be subject to claims with the State of Oregon may have in the proceeds from
said sale, or any prior assignments. If for any reason the sale of said property cannot be closed,
then this assignment shall be null and void.
Dated this 2nd day of January. 2003
Ashland Lodge #944 BPOE
By Rex Morgan
734-1024L (7196)
,...-. ..-
I ~
DETERMINATION OF JUST COMPENSATION
ADMINISTRATIVE PROCEDURE
FILE: 7028-003
Name :Ashland Lodge #944, B.P,O,E,
Section :OR99: Helman 3t.- i'" St.(Ashland)
Date of Desc.: 9/10/2002
Date Inspected: 12/11/02
Highest and best use:
Brief Description of Subject and Taking: Subject is a 2815 m2 (30,301 sf:!:) property located at the
southwest corner of the Lithia Way at 2nd Street intersection in Ashland, OR. The County Tax Assessor
shows the subject property as T39S-R1E-Sec 09BD,TL 03900. The legal description, RIW map and
preliminary construction plans do not reference a RJW centerline, Zoning is C-1-D, Zoning,
neighborhood and use are all commercial. Highest and Best Use is commercial.
The subject property is under a 20 year lease with the City of Ashland for use as parking lot. As a
condition of the lease, the City agreed to landscape the parking area, There are 1 H years remaining on
the lease,
The subject is improved with a paved parking lot and landscaping, The acquisition consists of 6m2 or
about 65 sf Permanent Easement for Traffic Control Facilities, The Permanent Easement area is
improved with a 1 Yo to 2 ft high colored concrete wall with faux stone cap bordering the sidewalk, with
irrigated landscaping behind the wall,
Access: The appro~ch to the public parking lot on subject property is along 2nd Street. Access will not
be affected by the project.
Land:
The owner will have essentially no utility of the easement area at completion of project. PE area is
valued at full fee value.
Parcel Area $/unit Amount
1
PE 6m2 (66! sf)
$ 220/m2 ($20 Isf)
$ 1,320
Total Land
$ 1 ,320
Improvements:
Wall: Per conversation with the RJW Project Manager, the concrete wall and cap will be modified as part
of the construction contract, to allow for the new signal pole to be constructed at sidewalk elevation,
Therefore, no compensation is attributed to the reconstruction of the wall,
Landscaping: Approximately 6m2 (66 sf) of irrigated landscaping will be impacted by the project.
Landscaping consists of two small holly bushes, and two other ornamental shrubs, with kinnikinnik and
barkmulch ground cover. Irrigation line location will have to be modified. The irrigated landscaping is
valued at $400,
based on my experience with other projects.
Personal Property: None.
Total Improvements
$400
134-2216{12.95.
RPn
....<.H., ,_,
Damages or Cost to Cure: No Damages or Special Benefits were noted.
Total Damages
o
Cost to Cure
o
I certify my estimate of Just Compensation
ROUNDED:
$ 1,720
$ 1,800
Fencing allowance: L.F, @ $ IL.F,=
7/~4r..=1I
$ N/A
12/16A:l2
Date
L/ A-A~
Approved
/7. /(0;'
Date
The amount outlined above is based on a search of the local real estate market for data to establish a prevailing market
price paid for property comparable to that which you own, The search induded some or all of the following steps:
.. investigation of court-house records for sales data.
.. inquiries of real estate brokers and appraisers.
.. discussions with buyers and sellers of comparable property to verify amounts. conditions and
motives of sales and to ascertain that the transactions were under competitive conditions,
FILE INFORMATION
(NOT to be included with Exhibit A)
File 7028003
Drawing 108-16-38
NHW - 9/10/2002
OR 99: Helman Street - 2nd Street Section
Rogue Valley Highway
Jackson County
Ashland Lodge No. 944, Benevolent and Protective Order of Elks
Access language: none
This parcel includes 4 square meters (43 square feet) of an existing Permanent Easement
for Slopes.
This parcel lies within the SEY4NWY4 of Section 9, T 39 S, R 1 E, WM.
This parcel lies within Tax Lot 39-1 E-9BD-3900 of Jackson County.
Remainder: 2 809 square meters, Southwester1y of said parcel
Prior files, recorded documents, and access control:
File 23254 (RW16387) Warranty deed, recorded December 9, 1955 in Book 419,
Page 335 of Jackson County Deed Records; does not include access rights.
This property description is written using the metric system;
1 +000.000 Station = 1000 meters = 3,280.84 feet
1 meter = 3.2808 feet
100 meters = 328.08 feet
1 square meter = 10.7639 square feet
1 hectare = 2.47105 acres
6 square meters =
Remainder: 2809 square meters =
65 square feet, more or less.
30,236 square feet, more or less.
(EXHIBIT A - NEXT PAGE)
EXHIBIT A - Page 1 of 1
File 7028003
Drawing 10B-16-38
9/10/2002
Pennanent Easement for Traffic Control Facilities
The Northerly 2 meters of Lot 1, Block U. RAILROAD ADDITION, Jackson County,
Oregon,
ALSO that portion of vacated 'C' Street inuring to said Lot.
EXCEPT therefrom that property described in that Warranty Deed to the State of Oregon.
by and through its State Highway Commission. recorded December 9.1955 in Book 419.
Page 335 of Jackson County Record of Deeds.
This parcel of land contains 6 square meters. more or less.
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Form W-9
(Rev. January 2002)
Department of the TreaSU)'
Internal Reverv.e Sefvice
N Name
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VI
Request for Taxpayer
Identification Number and Certification
Business name, if different from above
IndividuaV
Check appropriate boK: 0 Sole proprietor 0 Corporation
Address (....mber. street and apt, or su~e no.)
City. state. and ZIP code
List account number{s) here (optional)
Give form to the
requester. Do not
send to the IRS.
o Pannership 0 Other ~ ,,,'w,,..uu'u..
O Exempt from backup
withholding
Requester's name and address (optional)
a er Identification Number
~
or
Enter yo<X TIN in the appropriate box, For individuals, this is yo<X social security number (SSN),
However, for a resident aUen. sole proprietor, or disregarded entity, see the Part I Instructions on
page 2. For other entitles, it is your employer identification number (EIN), If you do not have a number,
see How to get a TIN on page 2,
Note: If the account is in more than one name, see the chan on page 2 for guidelines on wfJose number
to enter.
mpIoyer ldentmeaUon number
Certification
Under penalties of pefjury. I certify that:
1, The number shown on this form is my correct taxpayer identifICation number (or I am waiting for a number to be issued to me). and
2, I am not SIJt!ject to backup withhokIing because: (a) I am exempt from backup withholding, or tIl) I have not been notified by
Revenue Service ORSI that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c
notirled me that I am no ionger subject to backup withholding, and
3, I am a U,S, person Qnduding a U,S, resident alien).
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currenU
withholding because you have failed to report all interest and dividends on your tax return, For real estate transaction
For mortgage interest paid. acquisition or abandonment of secured property. cancellation of debt contributions to an ent
arrangement ORA). and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must
provide yo<X correct TIN, (See the instructions on page 2,)
Sign I Signature of
Here .. U.S. person .. Date ..
Purpose of Form
A person who is required to file an Information
retll1l with the IRS must get your COffect
taxpayer identlfocation number (TlNlto report. for
example, Income paid to you. real estate
transactions. mortgage interest you paid.
-::f-~_"'~-:w~"
What is badwp withholding? Persons making
certain payments to you must under certain
conditions withhold and pay to the IRS 30% of
such payments after December 31, 2001 (29%
after December 31. 2003), This is called "backup
withholding: Payments that may be subject to
backup withholding Include interest dividends,
...,.":,,,~_. ~~ ~.pr AlIti"banhe transactions... (oots.
. l't
5, You do not certify to the requester that you
are not subject to backup withholding under 4
above (for reportable Interest and dMdend
accounts opened aner 1983 only),
Certain payees and payments are exempt
from backup withholding. See the Instructions on
page 2 and the separate instructions fot' the
J>",!",,_ ~of Form l(II-!l.
; IJlil~~.. ~gdreS.S '~~dtexPayej,1dentifica.tion 'Numhii '(hN),JorJUqr~ lOfprmation
,:S~~ ~hat Narn~ ,a.nd~!:,mber To Give the Requester' on the back of this 'form.
,,- ','_", '-',." .. -.. " .... .'.. .. .. ....,' _", '; .. .'- -.: '.>',...." ".' .-.... ", _'i~".;" c_: .. ..., .. ,,-. ,-.,.,-.,.
., et to Sign and date the f(mT1~fo,re:'t~tl,lmiflglt to' 9DOT: Thank you.
3. Claim exemption from backup withholding if
you are a U.S, exempt payee,
If you are a foreign person. use the
appropriate Form W-8. See Pub, 515,
Withholding of Tax on Nonresident Aliens and
F or.,;gn Entities.
Note: If a requester gives you a form other than
Form W,g to request your TIN. you must use the
requester's form K II is substantially similar to Chis
Form W.g.
baCkup wlihholding if:
1, You do not furnish your TIN to the
requester. or
2, You do not certify your TIN when required
(see !he Part II instrucUons on page 2 for
details), or
3, The IRS tells the requester that you
furnished an incorrect TIN, or
4, The IRS telis you that you are subject to
backup withholding because you did not report
an you: interest and dividends on you: tax retll1l
(for reportable Interest and dividends only), or
backup withholdIng. you are SU~~t.;:l lU 0 .,~....;"
penalty,
Criminal penalty for falsifying information.
WillfuDy falsifying certirlC8tions or affirmations
may subject you to criminal penallies including
fines and/oc imprisonment.
Misuse of TINs. If the requester discloses or
uses TINs in violation of Federal law, !he
requester may be subject to eMI and criminal
penalties,
Cat. No. 10231X
Form W-9 (Rev. 1.2002)
CITY OF
ASHLAND
Council Communication
Title:
Termination of Two Water Line Easements on 209 Crowson Road
Submitted By:
Reviewed By:
Approved By:
Public Works Department
January 21, 2003
Paula Brown fr.JJ.i-'
Paul Nolte I'--'"
Brian Almqui~
Dept:
Date:
Synopsis:
Mr. Tom Kennedy has requested termination of two water pipeline easements which cross his property
at 209 Crowson Road, Approval of the attached quitclaim deed would terminate the City's interest in
these two water pipeline easements (209 Crowson Road - 39lEl3C Tax lot 2300),
Fiscal Impact:
None,
Recommendation:
It is recommended that the Council approve the attached quitclaim deed terminating the City's interest
in two water pipeline easements crossing at 209 Crowson Road - 391E13C Tax lot 2300.
Background:
Mr. Tom Kennedy has requested termination of two water pipeline easements which cross his property
at 209 Crowson Road. The easements, which were acquired by the City in 1915 and 1950, are shown on
the attached map, The pipelines were originally intended to carry mineral and other waters into the City
but have not been in use for many years, In most cases the actual pipelines have been removed. There
is very little likelihood that the easements would be needed in the future.
G,\pub,wrks\eng\dept-adminIENGINEER\EASEMEN1\39I E13C2300 Kennedy Easement Termination CC.doc
r.,
Grantor:
Grantee:
Return Document to:
City of Ashland
Thomas & Carolyn Kennedy
Thomas & Carolyn Kennedy
209 Crowson Road, Ashland, OR 97520
$0
Not Applicable
True and Actual Consideration:
Send Tax Statements to:
QUITCLAIM DEED
City of Ashland, Oregon, Grantor, releases and quitclaims to Thomas B. Kennedy and
Carolyn Kennedy, 209 Crowson Road, Ashland, OR 97520, Grantee, all right, title and
interest in and to the following described real property:
The portion of the following described pipeline easement located on Parcel NO.2 of that
Land Partition filed for record on the 21st day of July, 2000 and recorded as Partition
Plat No, P-42-2000 in Index Volume 11, Page 42 of the records of Jackson County,
Oregon:
a. A 10 foot wide pipeline easement granted to the City of Ashland on September 12,
1950 and recorded in Volume 490, Page 255 of the Deed Records of Jackson County,
Oregon,
b. A pipeline easement granted to the City of Ashland on April 20, 1915 and recorded
in Volume 109, Page 208 of the Deed Records of Jackson County, Oregon,
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN
THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND
REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE
PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE
APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY
APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST
FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30,930,
The true consideration for this conveyance is $1,00 plus other property or value is a
part of the consideration,
Dated this
day of
,2003.
Alan DeBoer, Mayor
Barbara Christensen, City Recorder
State of Oregon
County of Jackson
This instrument was acknowledged before me on , 2003, by Alan
DeBoer as Mayor of the City of Ashland, Oregon, and by Barbara Christensen as
Recorder of the City of Ashland, Oregon.
Notary Public for Oregon
My Commission expires:
\\COMPAQ1\DA T A\GOV\pub-wrks\eng\dept-admin\ENGINEER\EASEMENT\Kennedy quitclaim deed,doc
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CITY OF
-ASHLAND
Council Communication
Title:
Dept:
Date:
Submitted By:
Public Input for 2003/2004 Council Goals and Priorities.
Administration
January 21,2003
Brian Almquist, Interim City Administratog//~
Synopsis:
This public hearing is intended to allow the opportunity for the public to provide the council with input
on council goals and priorities for 2003/2004.
Recommendation:
Staff recommends that council solicit public input which can be considered when the council develops
the final draft of goals for 2003/2004.
Fiscal Impact:
None.
Background:
The current Strategic Plan identifies thirteen broad categories of focus with a number of priorities/action
items for each category. The priorities are essentially the "to do" list for staff. On February 8, 2003 the
mayor and council will review the 2003/2004 priorities for each category and then determine the
2003/2004 priorities.
Master Plan Needed For. Lower Clay Creek Area
The 2001-117-250 Clay Street project proposed by Russ Dale is meeting community objections
because the comprehensive plan for this and previous high density housing projects nearby does
not include a master plan for the entire Lower Clay Creek area. A master plan would address
quality of life issues such as open space, pedestrian access to recreational facilities, street
standards, wetland preservation and the need to control investor speculation so that the new
housing units remain affordable.
The Lower Clay Creek area is defined by Walker Street to the west, by East Main on the north;
south side is Tolman Creek Road, and the north side is a combination of Ashland Street and the S
and P Railroad tracks. The properties are in both the county and the city, and are inside the urban
growth boundary.
The 271-townhouse units that have been completed since 1990 are hi-density, and none of
that development includes any resident recreation facilities. The churches in the area
cannot be depended on to provide open space or meeting facilities. If developer driven
land use continues, at it current density, the current residents worry that the area may
devolve into an overcrowded, expensive slum.
The Lower Clay Creek area includes several class two streams, and several wetlands.
Without a master plan these riparian corridors are compromised to "a park like setting."
A master plan is essential to prevent the further abuse of the streams and natural features.
The Lower Clay Creek area street development is inconsistent; there are currently city
streets that are V2 developed, and county roads in the center of hi-density housing. Lower
Clay Street is a county road. Annexation of Lower Clay Street is required before the
2001-117-250 Clay Street development meets the standard for annexation of contiguous
properties.
It is vital to promote owner occupancy for future projects if we are to preserve the goal of
affordable housing. With over 50 percent of Ashland housing currently rentals, it is
important to control investor speculation and new housing diversion into expensive rental
units. Of the 271 units already built in the Lower Clay Creek area, 50% have already
converted to rentals.
By granting Mr. Dale permission to build without a master plan for future growth in the lower
Clay Creek area, the city of Ashland will be supporting developer driven land use. Therefore,
before any future annexation and development in this area, I strongly encourage the Council to
initiate a master plan task force, which includes city planners and Clay Creek residents as well as
business interests and developers.
Annice Black
2110 Creek Dr, Ashland Or 97520
email@ aoblack.com
Barbara Christensen - GOALS page 1
From: <TouchstoneJo@aol.com>
To: <council@ashland.or. us>
Date: 1/21/03 3:05PM
Subject: GOALS
I strongly recommend and support the goals being submitted to the council by
the Ashland Watershed Partnership and the Ashland Watershed Stewardship
Alliance. In addition, I would like to recommend to the following:
GOAL: Allocate additional and adequate resources for education and
enforcement related to city ordinances protecting the environment and to the
Valdez Principles.
Problems:
1. Construction site runoff carrying sediment into the storm water system
and the creeks.
2. Trackout from construction sites.
3. Persons working on city contracts and other contractors and
maintenance workers dumping buckets of wastewater into storm drains.
4. Hosing out bays and hosing off other surfaces at service stations into
the storm water system.
5. Storage of materials uncovered in the street and on construction
sites. 6. People at businesses and residences hosing, sweeping or
blowing (with those consarned leaf blowers!) dust, debris, and leaves into
the streets or onto adjacent property.
7. Parking off paved areas and in the riparian area.
I would provide you with recent examples of each of the above if
needed.
Rationale: I think that many people do not understand that the
ordinances apply to them, that the impacts of their actions affect other
people and the environment in a negative way, and that many have observed
that ordinances relating to the behaviors listed are not enforced. We as a
community would save time and resources in the long run by education and
enforcement as opposed to having damage done to the creeks and other
resources. Trying to respond to the damage done rather than preventing it is
almost always hugely more expensive if possible at all. Moreover, operating
largely on the basis of responding to individual complaints is very time
consuming and does not build community feeling.
JoAnne Eggers
221 Granite Street, Ashland
482-3305
Barbara christcnsen - Mime. 822 Page 1
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From: TouchstoneJo@aol.com
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Subject: GOALS
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I strongly recommend and support the goals being submitted to the council by
the Ashland Watershed Partnership and the Ashland Watershed Stewardship
Alliance. In addition, I would like to recommend to the following:
GOAL: Allocate additional and adequate resources for education and
enforcement related to city ordinances protecting the environment and to the
Valdez Principles.
Problems:
1. Construction site runoff carrying sediment into the storm water system
and the creeks.
2. Trackout from construction sites.
3. Persons working on city contracts and other contractors and
maintenance workers dumping buckets of wastewater into storm drains.
4. Hosing out bays and hosing off other surfaces at service stations into
the storm water system.
5. Storage of materials uncovered in the street and on construction
sites. 6. People at businesses and residences hosing, sweeping or
blowing (with those consarned leaf blowers!) dust, debris, and leaves into
the streets or onto adjacent property.
7. Parking off paved areas and in the riparian area.
I would provide you with recent examples of each of the above if
needed.
Rationale: I think that many people do not understand that the
ordinances apply to them, that the impacts of their actions affect other
people and the environment in a negative way, and that many have observed
that ordinances relating to the behaviors listed are not enforced. We as a
community would save time and resources in the long run by education and
enforcement as opposed to having damage done to the creeks and other
resources. Trying to respond to the damage done rather than preventing it is
almost always hugely more expensive if possible at all. Moreover, operating
largely on the basis of responding to individual complaints is very time
consuming and does not build community feeling.
Barbara Christensen ' Mimei822 Page 2
JoAnne Eggers
221 Granite Street, Ashland
482-3305
CiTY OF
-ASHLAND
Council Communication
TITLE:
DEPT:
DATE:
SUBMITTED BY:
Synopsis:
Recommendation:
Fiscal Impact:
Background:
Public Hearing and Decision on the Action Plan for the One Year Use of
Community Development Block Grant Funds for Program Year 2003
Planning Depm[ment
January 21, 2003 ~
John McLaughlin, Department of Community Development, Directo
Brandon Goldman, Assistant Planner ~
The U.S. Department of Housing and Urban Development (HUD) allocated
$256,000 to the City of Ashland for FY 2003. Additionally the City will
reallocate $22,000 in CDBG funds not spent in prior years. As such the City will
expend a total of $278,000 in program year 2003.The Action Plan is required to
show consistency in the use of Community Development Block Grant (CDBG)
funds with Ashland's five-year Consolidated Plan. The City is required to hold a
public hearing to receive comments on the Action Plan. The Depathnent of
Housing and Urban Development must approve the Action Plan prior to the
release of the 2003 CDBG allocation.
Staff recommends approval of the Action Plan.
The Action Plan explicitly identifies the use of the CDBG funds allocated to the
City of Ashland and each sub-recipient. Additionally, 20% ($51,200) of the total
program year grant award ($256,000) is designated to be used for administration,
thus the stafftime expended for administration of the program is not paid out of
the General Fund.
In May 2000, the City approved an updated Five-Year Consolidated Plan.. The
purpose of the Consolidated Plan is to provide a strategy for the use of CDBG
funds to, as defined by federal regulations, "to develop viable urban communities
by providing decent housing and a suitable living environment and expanding
economic opportunities principally for low- and moderate-income persons."
HUD has estimated an allocation of $256,000 to the City of Ashland for 2003
Program Year. The City must provide an Action Plan on a yearly basis to
demonstrate the consistent use of current CDBG dollars with the Five-Year
Consolidated Plan. The attached Action Plan for PY 2003 reflects the
Community Development Block Grant award made by the City Council during
the September 17th, 2002 public hearing. The availability of the draft plan was
advertised in the Ashland Daily Tidings on December 19th 2002. Additionally the
availability of the Action Plan has been advertised continuously on the City's
web-site since December 13th, 2002. To date, no comments have been received
CiTY OF
-ASHLAND
DRAFT
ACTION PLAN: ONE YEAR USE OF FUNDS
Program Year 2003
Prepared for:
The U.S. Department of Housing and Urban Development
By:
The City of Ashland
Department of Community Development
Planning Division
Ashland, Oregon
One Year Use of Funds
Action Plan for CDBG Funds
Program Year 2003
Mission Statement
The following mission statement is taken from the City of Ashland's current Strategic
Plan.
HOUSING
The City has a responsibility to ensure that proper amounts of land are set aside to
accommodate the various housing needs in the City, and that its land development
ordinances are broad enough to allow for variation in housing type and density.
ECONOMY
The City seeks to provide opportunities for a variety of economic activities in the City,
while continuing to reaffirm the economic goals of Ashland citizens. Economic
development in Ashland should serve the purpose of maintaining and improving the
local quality of life.
SOCIAL AND HUMAN SERVICES
To ensure that all people in Ashland live in a safe, strong, and caring community, the
City seeks to enhance the quality of life and promote self-reliance, growth and
development of people. To these ends, the City will strive to provide resources and
services to meet basic human needs.
Strate.qic Plan
The City of Ashland has been provided an allocation estimate of $256,000 in
Community Development Block Grant funds for Program Year 2003 by the Department
of Housing and Urban Development (HUD). Additionally the City will "re-program"
$22,000 in CDBG funds not spent in prior years. As such the City will expend a total of
$278,000 in program year 2003. This document, the CDBG Action Plan for Program
Year 2003, describes the projects that the City will undertake and the manner in which
the projects are consistent with the priorities of the Five-Year Consolidated Plan. In
addition, the Action Plan describes the activities the City will undertake addressing
homeless households, affordable housing and lead-based paint hazards. Below is a
table summarizing the projects to be funded by CDBG dollars in Program Year 2003
(page 4).
The Five-Year Consolidated Plan is a planning document required by the U.S.
Department of Housing and Development (HUD) for the receipt of the City's Community
Development Block Grant (CDBG) funding. The purpose of the Consolidated Plan is to
outline a strategy the City will follow in using CDBG funding to achieve the goal of the
CDBG program, "to develop viable urban communities by providing decent housing and
a suitable living environment and expanding economic opportunities principally for Iow-
City of Ashland
CDBG Action Plan for Fiscal Year 2003
Page 2
and moderate-income persons." In May 2000, the City completed the updated Five-
Year Consolidated Plan. Every year thereafter, the City is required to submit an annual
Action Plan that addresses the priorities of the Consolidated Plan. The priorities of the
Five-Year Consolidated Plan are listed below (Goals 1-14, pgs 4-17). In March of 2002
The City of Ashland revised the 2000-2004 Consolidated Plan to limit awards to one,
potentially two, affordable housing project(s) consistent with the highest priorities
identified in the 2000-2004 Consolidated Plan.
The Community Development Block Grant program allows for numerous activities as
eligible uses of the Federal funding. ^shland's local Consolidated Plan focuses the
available funds to activities that address the highest pdodty need identified, affordable
housing. However, CDBG can be used to fund a variety of activities that benefit Iow-
moderate income families and individuals.
· Acquisition of real property
· Relocation and demolition
· Rehabilitation of residential and non-residential structures
· Construction of public facilities
· Development of neighborhood centers
· Public Services
· Activities related to energy conservation
· Job Creation activities
Additionally, Federal regulations permit up to 15% of the yearly CDBG allocation to be
directed to public services. Such eligible public services include health care services,
substance abuse services, fair-housing counseling, architectural services, homeless
prevention, and many others. Again it is important to note that although these uses are
eligible nationally, our local focus on the highest priodty need identified in the 2000-
2004 Consolidated Plan restricts expenditures only to those projects that promote the
development, or retention, of affordable housing as well as accessibility improvements
to public facilities. The table provided below shows the projects awarded CDBG funds in
Program Year 2003:
City of Ashland
CDBG Action Plan for Fiscal Year 2003
Page 3
Project Recipient Activity Location COBG # Households
10 Organization Name Funds or Persons
Assisted
Annually
1 Rogue Valley Community RVCDC land Ashland city $193,000 Creation of 11
Development Corporation Acquisition limits affordable one
(RVCDC) and two-bedroom
apartment units
2 Rogue Valley Community RVCDC Ashland city $21,000 toward a Predevelopment
Development Corporation Pre, limits Relocation Plan, costs to
(RVCDC) Development Architectural contribute toward
Costs Services and the development
Development of 32 affordable
Consultant one and two-
services related to bedroom
pre-conswction. apartment units
4 City of Ashland Accessibility Accessibility $12,800 853 mobility
Improvements Improvemen impaired citizens
ts to Public
Facilities.
5 City of Ashland CDBG $51,200 city wide
Administration
CDBG Projects for Program Year 2003
City of Ashland
CDBG Action Plan for Fiscal Year 2003
Page 4
Housina Goals
Goa/1: To increase the supply of affordable rental housing for extremely
low-, low- and moderate-income families. Where possible, give
funding priority to those projects that will provide benefits to
residents with the lowest incomes.
Rental Assistance Program
Action to meet priority and time-line: The initial costs of rental housing in
Ashland, including first and last month's rent and a security deposit, are barriers
preventing some low-income residents from improving their living conditions. In
May 1998, the Housing Commission began the Ashland Rental Assistance
Program. The purpose of the Ashland Rental Assistance Program is to provide
low- to moderate-income Ashland households with the up-front cost of obtaining
rental housing, Currently, ten households are participating in the program.
Rental assistance is made in the form of short-term loans to qualified applicants
for use toward the first or last month's rent, security deposit and other move-in
fees. The maximum amount is $750 and the loan must be repaid in full within 15
months at a rate of five percent per annum. The participant(s) must be a resident
of Ashland and must have resided, or worked in Ashland for a period not less
than six moths prior to the date of application for assistance. The household
income of the participant( s) shall not exceed 100 percent of the median income
level for Jackson County, Oregon, and is required to be at a level commensurate
with monthly payment obligations. The participant(s) repayment is billed through
the City utility billing process.
Although this program could provide valuable assistance to households with low
and moderate income in need of rental assistance, public awareness of the
program is low.
In order to assist in administering this program, and to advertise its availability,
the City of Ashland has entered into a contract with Access lnc, a local non-profit
community development corporation. Access will find and qualify participants
and provide the short-term loan administration.
Proaram Year 2003 Proiected Number of Households to be Assisted: 15-20
Households. The City will contract with Access lnc to administer the program and
identify qualified applicants. Thus we anticipate all available funds will be
provided to qualified applicants within the program year.
Fundin!:! sources for this proiect include: City of Ashland Housing Trust Fund is
the sole source of funds for this program. No CDBG Funds are to be used for
this program,
City of Ashland
CDBG Action Plan for Fiscal Year 2003
Page 5
Fundina Level: $15,000
Taroet Date for Completion: Ongoing
Accessory Residential Units
Action to meet prioritv and time-line: The City of Ashland allows small second
units in the single-family residential zones) to increase the supply of affordable
rental units. The Conditional Use Permit Procedure was changed in 1990 to
allow an accessory apartment or cottage (Accessory residential Unit - ARU
within single family residential zones, This provided valuable affordable housing
units without unreasonable impacts on the neighborhood. A total of 78 units
have been made legal or been newly constructed since 1990.
FY2002-2003 Number of Households Assisted: two to date, 6 months remaining
in the Fiscal Year,
Prooram Year 2003 Proiected number of ARU to be approved in 2003: five
Fundina sources for this proiect include: Federal CDBG and City of Ashland
general funds utilized for staff support (see Goa/14 for a description of CDBG funds used
for Staff support),
Probable Fundina Level: N/A
Taroet Date for Completion: Ongoing
Rogue Valley Community Development Corporation (RVCDC)
Action to meet priority and time-line: The City will provide CDBG funding to the
Rogue Valley Community Development Corporation (RVCDC) (Project 1). The
funding will be utilized to purchase property for the subsequent construction of
10-11 Apartment units, RVCDC is a private non-profit corporation (Community
Development Corporation-CDC) with a mission to create and sustain long-term
affordable housing in the Rogue Valley. This project focuses on the need for
affordable rental housing within city limits of Ashland for households with
incomes of 60% median income or less. RVCDC has proposed a multi-phased
development to include the 10-11 proposed residential units. Ultimately RVCDC
seeks to develop a total of 32 affordable housing units, In FY2002-2003 a CDBG
award of $168,750 was granted to RVCDC to acquire land for the development
of 15 units.
The 2003 grant awarded is for land acquisition for the development of 10-11
affordable rental units. The preliminary site identified is located at the corner of
Faith Ave, and Siskiyou Blvd, The site is ~ acre in size and zoned for high
City of Ashland
CDBG Action Plan for Fiscal Year 2003
Page 6
density residential. Given Ashland's competitive housing market the award of
land acquisition funds is not specific to a given site. However the site(s)
ultimately purchased will have to accommodate 10-11 affordable housing units
as proposed.
Fundina sources for this oroiect include: CDBG funds to contribute to land
acquisition cost.
Proiected Number Households to be Assisted:
10-11 Households in new affordable apartments
Probable Fundina Level: $193,000 in Program Year 2003 CDBG funds
$168,750 in FY 2002-2003 CDBG funds as identified
in the 2002-2003 Action Plan
Taraet Date for Completion: December 31, 2003
Goal 2: To increase the homeownership opportunities for extremely low-,
low- and moderate-income households. Where possible, give
funding priority to those projects that will provide benefits to
residents with the lowest incomes.
Affordable Housing Program
Action to meet oriority and time-line: The City currently provides a density bonus
to developers who construct affordable rental and ownership units. The City also
defers the system development charges for affordable rental and single family
homes. The deferred system development charges become a "sleeping second"
mortgage and are only activated if the home is sold outside the program, or the
rents exceed the maximum rent limit set by HUD. The participants can earn up
to 130 percent of median income. A total of 40 households are currently
participating in the program. The program is ongoing.
FY2002-2003 Number of Households Assisted: Given the substantial increase in
property values that have occurred in Ashland in recent years a total of eleven
households which were enrolled in the program previously were re-conveyed
during the calendar years of 2001 and 2002, These eleven households opted to
payoff the "sleeping second" (deferred System Development Charges plus
interest), and are therefore no longer within the program. In total during recent
years the City of Ashland has seen a net reduction from 47 units participating the
program to only 40.
City of Ashland
CDBG Action Plan for Fiscal Year 2003
Page 7
Fundinq sources for this proiect include: The City of Ashland's general fund
forgoes collecting the systems development charges (SDCs). No CDSG funds
are allocated toward this program,
Proiected Number Households to be Assisted in FY 2003: Ten new households
(this number is based upon an annexation request that is pending which will require that 10 units
be affordable and as such will defer the System Development Charges - Annexation to be
reviewed by the City Council on January 21st, of 2003) ,
Probable FundinQ Level: $125,000 in deferred SDC collection
TarQet Date for Completion: Ongoing
Home Ownership Program
Action to meet prioritv and time-line: The down payment and/or closing costs
associated with purchasing a home are barriers preventing some low-income
residents from owning their homes, In May 1998, the Housing Commission
began the Ashland Home Ownership program. The purpose of the Ashland
Home Ownership Program is to provide qualified participants assistance with
down payments, closing costs, and in some cases, renovation funds for the first
time purchase of a residence in the City of Ashland. The maximum amount of
assistance provided by this program is $2,500 per household.
The assistance is made in the form of short-term loans to qualified applicants.
The maximum amount is $2,500. The loan payments are deferred for five years,
then amortized over ten years at a rate of five percent per annum. The
participant(s) must be a first time home buyer, and the household income can not
exceed 100 percent of the median income for Jackson County, Oregon. In
addition, the participating household must not have liquid assets in excess of
$5,000, excluding any such asset used toward the purchase of the home (down
payment and closing costs), nor have ownership in any other real property. The
participant(s) must complete a home ownership program approved by the City of
Ashland. The participant(s) must be a current resident of the City of Ashland,
and must have resided, or worked in Ashland for a period not less than six
months prior to the date of application. The dwelling must be located within the
Ashland city limits. The program is to be administered by ACCESS, Inc., a local
non-profit organization,
This loan program can provide vital assistance to many low and moderate
income households in need of first time home buyer down payment, and/or
closing cost, however public awareness of the program is low. Thus the City of
Ashland will contract with Access Inc. to advertise and inform potentially eligible
applicants of the assistance program.
City of Ashland
CDBG Action Plan for Fiscal Year 2003
Page 8
FY 2002-2003 Number of Households Assisted: No households were assisted
during FY 2002-2003 at the time this Action Plan was drafted, Six months
remain in FY2002-2003
Proaram Year 2003 Number of Households to be Assisted: Six households are to
be assisted with loans of $2500, The City will contract with Access to administer
this program and we anticipate all available funds will be provided to qualified
applicants within the program year.
Fundina sources for this proiect include: City of Ashland general funds utilized for
staff support. City of Ashland Housing Trust Fund to provide loan funds. No
CDBG funds are allocated toward this program.
Fundina Level: $15,000
Taraet Date for Comoletion: Ongoing
Housing Commission
Action to meet priority and time-line: The Housing Commission was established
in 1995 to monitor the accomplishments of the City's housing program, to make
recommendations to the City Council on housing policy, and to serve as an
advocate for affordable housing in the City's political process. The Housing
Commission will also oversee specific affordable housing projects undertaken by
the City in partnership with private groups. Additionally, the City of Ashland's
2000-2004 Consolidated Plan has been amended to include Housing
Commission review, and recommendations to the City Council, for awarding
CDBG funds.
Fundina sources for this oroiect include: Federal CDBG and City of Ashland
general funds utilized for staff support. (see Goa/14 for a description of CDBG funds
used for Staff support),
Taraet Date for Completion: Ongoing
Technical Assistance
Action to meet priority and time-line: The City will provide technical assistance to
nonprofit organizations whose mission includes providing affordable housing.
This technical assistance will include, when necessary, providing information on
zoning, educating agencies on the planning process and providing information on
the City's affordable housing program including deferred systems development
charges and density bonuses, The City of Ashland will provide technical
assistance through the Planning Division as requested and will support
applications consistent with the Consolidated Plan.
City of Ashland
COSG Action Plan for Fiscal Year 2003
Page 9
Fundinq sources for this proiect include: Federal CDBG and City of Ashland
general funds utilized for staff support, (see Goa/14 for a description of CDBG funds used
for Staff support),
Tarqet Date for Completion: Ongoing
Goal 3: To maintain the existing affordable housing supply. Where
possible, give funding priority to those projects that will provide
benefits to residents with the lowest incomes. Also, give funding
priority to those programs which retain the units as affordable in
perpetuity, or recapture the rehabilitation costs for further use in
Ashland.
The City does not plan to use CDBG funds made available for this activity during
Program year 2003, It is important to note that the City will fill a new staff
position of Housing Program Coordinator during 2003. As noted in the job
description for this new position. this staff member will be responsible to research
and develop standardized legal documents for the recordation of long-term and
perpetual afford ability requirements. The position will forward recommendations
to the Housing Commission and City Council regarding the funding alternatives
and strategies available to further the goals of developing and maintaining
affordable housing within Ashland.
Homeless Goals
Goal 4: Encourage the development of emergency and transitional
housing for homeless families with children and/or individuals.
The City does not plan to use CDBG funds made available for this activity during
FY 2002-2003.The City did award a Social Service Grant out of the City's
General Fund in the amount of $10,260 to the Interfaith Care Community of
Ashland (ICCA) for FY2002-2003. The City has awarded approximately $10.000
per year for the continued operation of ICCA's Homeless services center at 144
N, Second Street, through the Social Service Grant program. ICCA provides
emergency housing vouchers and transitional foster homes for homeless families
and individuals within Ashland. ICCA provides an ongoing program to assist
individuals in finding permanent housing and employment through extensive
client case work.
City of Ashland
COBG Action Plan for Fiscal Year 2003
Page 10
TECHNICAL ASSISTANCE
Action to meet prioritv and time-line: The City will provide technical assistance to
nonprofit organizations whose mission includes providing emergency housing,
and support services for homeless prevention. This technical assistance will
include, when necessary, providing information on zoning, and educating
agencies on the planning process. The City of Ashland will provide technical
assistance through the Planning Division as requested and will support
applications consistent with the Consolidated Plan.
Fundino sources for this proiect include: Federal CDBG and City of Ashland
general funds utilized for general staff support, No specific CDBG award for
technical assistance funds was made during program year 2003.
Taraet Date for Completion: Ongoing
Goal 5: Support services for homelessness prevention and transition.
Where possible, give funding priority to services that are part of a
comprehensive approach that improves the living conditions of
clients. Safety net services, or services that meet basic needs
shall only be funded with CDBG dollars if it can be demonstrated
that clients receiving those benefits are part of a program that will
eventually help them obtain self-sufficiency.
The City does not plan to use CDBG funds made available for this activity during
program year 2003. Refer to Goal #4 for information relating to City expenditures
of General Fund dollars to help provide services to the homeless.
Special Populations Goals
Goal 6: To support housing and supportive services for people with
special needs. People with special needs include the elderly, the
frail elderly, persons with developmental disabilities, persons
with physical disabilities, persons with severe mental illness,
persons with alcohol or other drug dependencies and persons
with HIV/AID or related illnesses.
The City will continue to support the development of housing for individual with
special needs, The City allocates over $100,000 annually in "Social Service
Grants" out of the City's General Fund. In FY 2002-2003 of the $101,300
awarded a number of grants specifically address supportive services for people
with special needs, Most notably the Community Health Center was awarded
$29,780 to provide health care services, the Interfaith Care Community of
Ashland (ICCA) was awarded $10,260 to provide client services to homeless
City of Ashland
COSG Action Plan for Fiscal Year 2003
Page 11
individuals, and Community Works was awarded a total of $39,515 to provide
services including rape crisis counseling as well as temporary shelter for victims
of domestic violence. Other grantees included the Center for Non-profit Legal
Services, Southern Oregon Drug Awareness, Rogue Valley Senior Manor,
Ontrack Inc, Access, and Mediation Works. The complete list of the City of
Ashland Social Service Grants is attached to this Action Plan. Another round of
funding will begin in January 2003, of which the awards have not yet been made.
The City does not plan to use CDBG funds made available for this activity during
Program year 2003,
Community Development Goals
Goal 7: To provide safe and convenient access to alternative
transportation routes in extremely low-, low- and moderate-
income neighborhoods.
Action to meet priority and time-line: The City has made a commitment to
sidewalk improvements in moderate- and low-income neighborhoods and in past
years had allocated ten percent of the total CDBG funding for sidewalk
improvement and new construction. In an effort to utilize the limited CDBG funds
more effectively to address Ashland's highest priority needs (provision of
affordable housing), the 2000-2004 Consolidated plan was modified to exclude
the sidewalk allocation and provide that 10% of the annual CDBG funding to the
competitive award process. Thus no new actions are identified for use of CDBG
funds to provide sidewalks in eligible low-income neighborhoods. However, past
carryover designated for sidewalk installations will be used towards installing
sidewalk(s) and or accessible sidewalk ramps in CDBG eligible neighborhoods.
Particularly, past allocations are to be used to develop a sidewalk along Eighth
Street, an eligible low-income neighborhood. This action was identified in the
Action Plan for FY 2001-2002 but was not completed as the project was
redesigned subsequent to neighborhood meetings with the affected residents.
Additionally review and approval of the final plan by the State Historic
Preservation Office (SHPO) has been obtained as the subject neighborhood is
within a nationally recognized Historic District.
Fundinq sources for this proiect include: City of Ashland General fund and past
Federal CDBG awards carried over from prior years. No new CDBG funding is to
be allocated to sidewalk construction.
Proiected Number Households to be Assisted: number of households dependent
on density of neighborhood(s)
Fundinq Level: No new funding proposed for Program Year 2003, $45,100 in
past CDBG carry-over will be applied to this project.
City of Ashland
COBG Action Plan for Fiscal Year 2003
Page 12
Taraet Date for Completion: June 30,2003
Goal 8: To make city facilities easier and safer to use for people with
disabilities.
Action to meet priority and time-line: The City is committed to providing
accessibility improvements to City-owned buildings, The City of Ashland has
reached an agreement with the Department of Justice to improve access to City
facilities over the next two years in compliance with the Americans with
Disabilities Act. Five percent (5%) of the total CDBG funds ($11,250) are
dedicated to completing tasks identified in the City of Ashland ADA Improvement
Plan (Project 2),
Fiscal Year 2002-2003 projects will include projects identified, but not completed
in FY2001-2002, specifically installation of an accessible route, and purchase of
a portable ramp, to provide access to the Uthia Park Bandshell and the
Community Center Stage. Also identified in 2001-2002, and to be completed in
the calendar year 2003 , is the construction of an accessible restroom in Pioneer
Hall. The City of Ashland shall also complete ADA improvements to the
Community Center and Pioneer Hall as identified in the Ashland ADA agreement
with the U.S. Department of Justice.
During Program Year 2003 newly allocated CDBG funds, and past carry-over,
will be used in part to begin a significant remodel the shower facilities and
restrooms at Daniel Meyer Pool, provide an accessible route to the Hunter Park
Tennis Courts, and provide a wider door width between said tennis courts. A
portable dressing room(s) will also be acquired to provide disabled performers at
Uthia Park Bandshell with an on-site facility for dressing, as retrofitting the
existing dressing rooms to be accessible is not feasible.
Fundina sources for this proiect include: Federal CDBG funds (see funding level
below) and City of Ashland General Funds
FY 2001-2003 ADA Proiects: In Fiscal Years 2001-2003 an assistive listening
system in the City Council legislative chambers was installed, and a remodel the
Men's and Women's bathrooms in the Civic Center was completed. Additionally a
hearing aid compatible public phone was installed at the Police Department, and
minor changes to the City Hall Men's and Women's toilet rooms were completed
to bring the facilities into compliance with ADA requirements..A portable ramp to
provide access to the Uthia Park bandshell and Community Center Stage was
purchased in 2002. The new Community Development and Public Works building
at 51 Winburn Way was completed in 2002, and is entirely accessible to people
with disabilities
City of Ashland
CDBG Action Plan for Fiscal Year 2003
Page 13
Proiected Number Households to be Assisted: 853 mobility disabled Ashland
residents
Fundinq Level: $12,800 in Program Year 2003 CDBG funds
$46,800 in prior year CDBG funds that have not been expended
but were designated for ADA improvements to City facilities.
Taroet Date for Completion: December 31,2003
Other Goals
Fair HousinQ
Goal 9: To affirmatively further fair housing.
Housing Needs Assessment
A complex set of factors affects the local housing market and individual
households' ability to afford and acquire housing. Moreover, much of the
data the 2000 Consolidated Housing Plan is based upon is from 1998 or
earlier. Recent trends in the housing market suggest new dynamics may
be affecting housing development, costs, and availability. To better
understand these dynamics, the City of Ashland conducted a Housing
Needs Assessment and is in the process of developing an affordable
housing strategy (Affordable Housing Action Plan) based on identified
needs, The City contracted with ECONorthwest to provide an assessment
of the current housing situation for all income and housing need
categories within Ashland during FY 2001-2002. More specifically, the
Housing Needs Assessment report is intended to supplement data in the
2000 Consolidated Plan, present an evaluation of housing trends in
Ashland since the last detailed assessment was completed in 1998, and
project current and future housing needs.
The Affordable Housing Action Plan has been developed (during FY2002-
2003). The City Council funded a one-year Housing Coordinator position
to implement the strategies outlined in the final Affordable Housing Action
Plan. This new position has been' announced and will be filled in January
of 2003,
A number of impediments to affordable housing were identified as part of
the Housing Needs Assessment. Following is a summary of the
implications of housing trends in Ashland:
. The number of affordable unIts In Ashland causes households to compete
agaInst each other for housIng. This has important implications for those
households in the lowest income groups. These groups are less able to afford
housing and as a result, less able to compete for housing, Moreover, households
with higher incomes can choose to live in housing below what is considered the
maximum amount affordable to them,
City of Ashland
CDBG Action Plan for Fiscal Year 2003
Page 14
. Land zoned for multiple family is being used for single family units. This is
important because it reduces the amount of land available for higher density
rental housing,
. Housing costs are forcing Ashland workers to live in other communities,
People that live in communities other than the place they work are less likely to
perceive a stake in the community, This has implications for many public
services, It also increases the percentage of people that commute, )..ow-income
households are less able to afford the transportation costs associated with
commuting.
. Land price appears to be a decreasing factor In total housing cost. The ratio
of permit value to land value has steadily decreased since 1990. In 1990, the
ratio of pennit value to land value was 1.42, This increased to 2,13 in 2001,
Thus. while land is a factor in housing costs, other factors appear to have a
greater influence on total housing cost than land. Land cost, however, is still a
significant issue. The average assessed value of vacant residential tract land (tax
lots greater than 1 acre) designated for single-family use in 2002 was about
$125,000, Tax lots smaller than 0.3 acre in single-family areas averaged nearly
$75,000, or $365,000 per acre,
. Housing costs may be contributing to reductions in School enrollment,
While the data do not allow a direct correlation between school enrollment and
housing cost, young families tend to have lower incomes than older families, The
Census data underscore this trend: between 1990 and 2000, the number of
persons aged 25 to 34 increased 4% and the number of persons aged 35 to 44
decreased 21%, During the same period, the number of persons between 45 and
54 increased more than 50%, In short, this implies that families are being forced
to live in other communities, These demographic trends suggest school
enrollments may decrease, Decreases in enrollments will lead to a corresponding
decrease in school revenues since a portion of school revenues are allocated on
a per student basis.
. Housing costs may place greater demands on transportation systems and
parking (I.e. with more people commuting). Data from the 1990 Census
indicate that one-third of Ashland residents worked in another community, While
data from the 2000 Census on commute patterns are not yet available, it seems
unlikely that this figure would decrease. As stated previously, the rapid increase
in housing costs is making it difficult for many households to find affordable
housing in Ashland,
. Housing costs may limit economic development. The location decisions
businesses make are based on a variety of factors, Community characteristics
such as schools and housing cost are among those factors, High housing costs
may place Ashland at a competitive disadvantage to other communities in the
region,
Affordable Housing Action Plan
A number of strategies for addressing key housing issues were identified
in the Housing Needs Analysis report. During the Calendar Years of 2002
& 2003 these items, among other strategies yet to be identified, will be
examined by the City of Ashland Housing Commission and shall be
incorporated into the Affordable Housing Action Plan report. In order to
City of Ashland
CDBG Action Plan for Fiscal Year 2003
Page 15
implement the strategies identified, the City Council budgeted $40,000 in
the 2003 for the creation of a Housing Coordinator position. This should
ensure that the actions proposed are undertaken during the calendar year
of 2003,
1, Encourage more multi-family housing, The data are pretty conclusive that
Ashland needs more multi-family rental housing, The permit data suggest that
few apartments are being built and that most of the activity in higher density
housing types is in condominiums and townhomes, Not only are these higher
cost multi-family types, many of these units are intended for home ownership,
Potential approaches for increasing multi-family housing include:
. Increase the land supply, The buildable lands data suggest that the City has
capacity for about 525 multi-family dwellings, One approach to encourage
apartment development is to designate more land for apartments,
. Consider restricting uses in certain zones to apartments. The building permit
data suggest that a lot of the high-density housing has been single-family
attached types that are owner-occupied units. Designating certain lands for
rental units will encourage development of apartments,
. Consider policies that encourage redevelopment or adaptive reuse of
structures, The location of rental units is also important. Increasing the supply
of rental units near employment centers and the University will make these
units more attractive.
2, Encourage more affordable sIngle-family housing types. The average sales
price of a single-family resident was nearly $225,000 in 2001, Following are
some approaches that can increase more affordable single-family housing types:
. Zone more land for small lot development. The data show a strong
correlation between lot size and housing value, The City could decrease
minimum lot sizes in certain residential zones, or could take an approach like
the City of Corvallis, which requires a certain percentage of small lots (lots
between 2,500 and 3,500 square feet) with subdivisions and planned unit
developments,
. Make more land available for manufactured housing. The City identified a
need of 3,5% of all housing for manufactured homes in subdivisions and
manufactured homes in parks, Increasing land available for manufactured
homes is one potential approach to allowing more affordable single-family
housing,
3, Develop more government-assisted housing. The data show a need for
nearly 800 dwelling units that are affordable to households with annual incomes
of $1 0,000 or less, The data suggest the City could develop as many as 50 units
per year for the next 20 years to address this need,
4. Reduce development fees for low-income projects, The City should conduct
a careful review of the components of housing cost and calculate the percentage
of total unit cost that is a result of development fees,
Actions to meet priority and time-line: The City is looking to work with the Fair
Housing Council of Oregon to conduct a "tester" training in Ashland during the
City of Ashland
CDBG Action Plan for Fiscal Year 2003
Page 16
program year, The workshops recently conducted (November 20-22, 2002)
educated a substantial number of landlords, tenants, agencies, and local
jurisdictions, However we recognize that education alone is not the sole
component, and ultimately the enforcement of fair housing laws is crucial toward
the reduction (elimination) of discrimination. As such it is our hope that assisting
in the training of "testers" in our region we can address the enforcement side of
Fair Housing laws,
During the Program Year the City of Ashland will complete an Analysis of
Impediments to Fair Housing.
FY 2002-2003 Fair Housina Activities During Fiscal Year 2002-2003 the City of
Ashland Co-sponsored a series of workshops in Ashland from November 20
through Nov. 22nd, 2002. The City worked closely with Diane Hess of the Fair
Housing Council of Oregon to secure training locations, contacted local
jurisdictions to invite them to the trainings, and advertised the workshops by
direct mailings and on the City web-site, The City of Ashland recognizes the
importance of promoting fair housing and as such we are very pleased to have
worked with FHCO to have had these trainings in Ashland.
Attendance at these workshops was very high and as such we feel these
workshops furthered the goals of educating staff, and the general citizenry about
discrimination in housing.
90 individuals attended the Fair Housing for Landlords and Property Managers
Workshop
44 individuals attended the Right to Reasonable Modification and
Accommodation for People with Disabilities
40 individuals attended the Fair Housing for Tenants and Advocates, of which
approximately half were representatives of local non-profits that provide housing
or direct services to individuals facing housing discrimination.
Fundina sources for these oroiects include: City of Ashland general funds and
CDBG funds (Planning and Administration allocation) will be utilized for staff
support. However no specific CDBG allocation will be used for the proposed
activities.
Lead-Based Paint
Goal 10: Assure activities assisted by the City are conducted in
compliance with state and federal laws that apply to lead-based
paint hazards, and the information distributed about lead-based
paint is in compliance with current state and federal laws.
Outside of Staff time, the City does not plan to use funds made available
for this activity during FY 2002-2003,
City of Ashland
CDSG Action Plan for Fiscal Year 2003
Page 17
Goal 11 : To reduce the number of people living in poverty in the City of
Ashland.
Outside of Staff time, and the activities listed under Goal 2 , the City does
not plan to use funds made available for a specific activity for Goal 11
during FY 2002-2003,
Within the section on Anti Poverty Strategies is a synopsis of the strategies
and activities undertaken by the City of Ashland to address poverty.
Goal 12: Promote and support activities in the community that improve or
provide access to economic opportunities for extremely low- and low-
income residents of Ashland.
Action to meet priority and time-line: Developing economic opportunities for
mod- and low-income persons is a new area for the City of Ashland. During
FY2001-2002 the City of Ashland enacted Living Wage Ordinance which requires
that recipients of City of Ashland grants, or service contracts provide their
employees, working on the City funded project, with a Living Wage (min, $11,00 per
hour- to be increased by the Consumer Price Index annually), The recently passed
ordinance will be in force during the Program Year 2003,
Fundina sources for this proiect include: City of Ashland general funds utilized for
staff administration.
Taraet Date for Completion: Ongoing
Barriers to Affordable HousinQ
Goal 13: Remain aware of the barriers to affordable housing in Ashland,
and where it is within the City's ability, take steps to overcome
such barriers.
Action to meet priority and time-line: The City of Ashland Housing Commission
contracted with consultants (EcoNorthwest) to conduct a Housing Needs
Analysis for the City which was completed in March of 2002. The second phase
of the project will be to develop an Affordable Housing Action Plan to identify the
barriers to affordable housing and to develop implementation strategies to
overcome the identified barriers. This phase is underway and a Draft plan was
completed in August of 2002. The Final Affordable Housing Action Plan is to be
completed in FY2002-2003 by Sextant Consulting Inc., and Cogan Owens Cogan
Consultants. Subsequent to the completion of the Affordable Housing Action Plan
the City of Ashland will utilize $40,000 in general funds to hire a Housing
City of Ashland
CDBG Action Plan for Fiscal Year 2003
Page 18
Coordinator to implement the strategies outlined in the final Affordable Housing
Action Plan.
FY 2001-2002 Activities: A Housing Needs Analysis utilizing current market
studies, MLS listings, Buildable Lands inventories, and economic data for the
Medford-Ashland MSA and the City of Ashland specifically, was completed in
FY2001-2002,
FY 2002-2003 Activities: Completion of a Affordable Housing Action Plan
outlining implementation strategies to retain and develop affordable housing
within Ashland.
Fundina sources for this proiect include $40,000 in City of Ashland general funds
has been budgeted to fund a new position of Housing Coordinator for one-year.
Approximately $32,000 in City of Ashland general funds was utilized for the
contracted consulting work completed on the Housing Needs Analysis and
Affordable Housing Action Plan. No CDBG funds are to be allocated to this
action.
Taraet Date for Completion: The newstaff position of Housing Coordinator is to
be filled in January or February 2003. A total of 25 applications for this position
have been received and are currently under review.
Goal 14: To provide institutional structure and intergovernmental
cooperation.
Action to meet priority and time-line: City of Ashland Staff will continue to provide
staff support to the City of Ashland Housing Commission (see Goal 2). As
mentioned previously the City of Ashland will hire a Housing Program
Coordinator in 2003, which will help provide institutional structure as well as
examine and implement opportunities for intergovernmental cooperation.
FY 2002-2003 Activities During Fiscal Year 2002-2003 Staff supported the efforts
of the Ashland Housing Commission to monitor the accomplishments of the
City's housing program, to make recommendations to the City Council on
housing policy and to serve as an advocate for affordable housing in the City's
political process. The Commission also provided coordination and continuity to
programs to meet housing and community development needs,
The Housing Commission oversees specific affordable housing projects
undertaken by the City in partnership with private groups. The Commission
promotes cooperation between local non-profit organizations and governmental
agencies for projects in Ashland to insure that the resources are used as
efficiently as possible and that there are not duplication of efforts. Additionally,
the Housing Commission provided review of applicant proposals for use of
City of Ashland
CDBG Action Plan for Fiscal Year 2003
Page 19
COSG funds and forwarded award recommendations to the City Council. The
Housing Commission is comprised of private developers, social service agency
staff, real estate professionals, and interested Ashland residents,
Fundinq sources for this proiect include: $51,200 in Federal COSG funds (20% of
the yearly allocation) have been directed toward Administration of the,COSG
Program, Administration of the COSG program includes staff support of
programs and projects that further the goals outlined in the 2000-2004
Consolidated Plan, provision of technical assistance, and the monitoring of the
activities of sub-recipients. City of Ashland general funds are also utilized to
contribute toward COSG program administration as well as staff support of non-
profit organizations and intergovernmental cooperation.
Taraet Oate for Completion: Ongoing
Anti-Povertv
The activities listed below are completed or ongoing activities, whereas new
activities to be undertaken during Program Year 2003 are outlined as activities
within the goals above.
The Housing and Community Development Act of 1992 requires communities to
include in their Consolidated Plan a description of an anti-poverty strategy. This
strategy takes into consideration factors over which the City has control. The
City of Ashland has limited resources for addressing the issues involved in
reducing poverty and improving the self-sufficiency of low-income residents,
Affordable housing is one of the factors directly related to poverty that the City of
Ashland does have some ability to influence, and the related goals are covered in
the Housing Goals section. In addition, the City supports housing and service
programs targeted at the continuum of care needs of the homeless. The goals
related to housing and support services are addressed in the Homeless Goals
section, In another effort to address poverty within Ashland, during 2001-2002
the City of Ashland passed a Living Wage Ordinance. This ordinance requires
that employees of the City, or employers receiving financial assistance or
business from the City in excess of $15,345 must pay a minimum of $11.00 per
hour (adjusted annually) to employees engaged in work related to the City project
or service contract (see Goal 12),
The City of Ashland operates a variety of funding and other assistance programs
which, together, strategically address the goals of reducing poverty and
improving the self-sufficiency of low-income residents, The activities undertaken
in conjunction with this anti-poverty strategy can be separated into two primary
areas of effort: human services programs targeted at the continuum of care
needs; and affordable housing programs, The City of Ashland has limited
influence on many of the factors that affect opportunities for workers to earn a
living wage, For instance, the city does not directly affect wages provided by
City of Ashland
CDSG Action Plan for Fiscal Year 2003
Page 20
employers not engaged in business with the City, nor does the City have
influence over income assistance such as Social Security or Aid to Families with
Dependent Children,
The City of Ashland provides funding to agencies that address the needs of low
income and homeless residents through a Social Service Grant program, The
goal of this program is to improve living conditions and self sufficiency for
residents by meeting such basic needs as food, shelter, clothing, counseling and
basic health care, The goal is carried out by providing funds in excess of
$100,000 per program year to various area agencies whose focus meets one or
more of these targeted needs.
The Social Service Grant program is funded entirely with general fund dollars
from the City of Ashland budget. The award process is coordinated through the
United Way of Jackson County. Local agencies and organizations providing
continuum of care activities in the Rogue Valley coordinate their applications
through a Community Services Consortium. The coordination of services and
related funding requests through the consortium attempts to insure that the broad
range of needs is met without overlap or duplication of services.
The second element of the City's anti-poverty strategy targets the development
and retention of affordable housing. The City of Ashland has made a serious
effort to address the issues of housing affordability (see Goals 1 , 2 & 9). An
Affordable Housing Committee was formed in 1990 and reconvened in 1994 to
search for ways to provide economical housing in Ashland. In 1995 a formal
Housing Commission was formed. The Housing Commission has endeavored to
create policies that will allow additional housing opportunities for low- and
moderate- income Ashland households. The following programs/projects have
been developed in an effort to create and retain affordable housing units in
Ashland,
. Ashland Community Land Trust - The City of Ashland has recently
worked to assist in the establishment of the Ashland Community Land Trust
(ACL T), The purpose of the land trust is to create and sustain long-term
affordable housing in the city limits of Ashland for low- and moderate-income
families. The land trust acquires and holds land, while the improvements are
sold to the low-income residents.
In FY 1999-2000. land trust purchased 3 vacant lots with $90,000 of
CDBG funds from the City of Ashland. The homes were subsequently built on
the lots, and all of the buyers were at 60% or less of median income.. In
addition, two of the three families were female-headed households.
In FY 2000-2001 ACL T was awarded $75,000 for the acquisition of
property to construct 2 units, with these funds, and other grants, ACL T was able
to purchase a parcel (41 Garfield St.) upon which they are ultimately to build 5
residential units. Development of the 5 residential units is to begin during this
program year.
In FY 2001-2002 ACL T received a CDBG award in the amount of
$120,000 to purchase property for the development of four residential units, At
this point a property has yet to be acquired to complete this project. ACL T is
looking to acquire property at 631 Clay Street with these funds to develop
affordable rental housing in conjunction with a proposed 40-unit subdivision.
City of Ashland
COSG Action Plan for Fiscal Year 2003
Page 21
ACL T is a non-profit organization, and is directed by a board including
representatives from social service agencies, the Ashland Housing Commission,
participants in the trust, City Staff, local developers and local realtors.
. Accessory Apartments - The Conditional Use Permit Procedure was
changed in 1990 to allow an accessory apartment or cottage within single family
residential zones, This provided valuable affordable housing units without
unreasonable impacts on the neighborhood, A total of 76 units have'been made
legal or been newly constructed since 1990,
. Incentives for Affordable Housing. Higher densities of residential
development are allowed when affordable housing is guaranteed, All density
bonuses (for energy efficiency, landscaping, etc.) were limited to 60%. For every
percent of units that are affordable, an equivalent percentage of density bonus
shall be allowed. A maximum bonus of 35% is granted for providing affordable
housing, In 1980, Ashland increased development densities in order to
encourage the building of more affordable homes. What occurred, however, was
that expensive homes were built on smaller lots, Modification of densities in
single-family zones were reduced from that level back to the 8,000 to 10,000
square foot lot size and in multi-family zones to 13.5 or 20 dwelling units per
acre,
. Deferred System Development Charges for Homes Constructed
under the Affordable Housing Program - This provision of the affordable
housing program works in conjunction with the affordable housing density bonus.
To increase the affordability of newly constructed homes or rentals the City
defers the system development charges which can be between $7,000 and
$9,000 for a three bedroom two-bath unit. This fee becomes a "sleeping second"
on the mortgage. This second is not awakened unless the home or rental is sold
outside of the program, In the event the home or rental is sold outside the
program the SDCs are paid back plus six percent interest accrued annually. If
the home or rental remains affordable for 20 years the SDCs are forgiven, and if
it is sold within the program the SDC credits are simply transferred to the next
owner,
. Manufactured Housing - Manufactured housing can involve significantly
lower costs than conventional housing. Ashland adopted standards and overlay
zone that complied with state law and permitted manufactured homes on
individual lots in areas outside the historic district.
. Ashland Rental Assistance Program - The initial costs of rental housing
in Ashland, including first and last month's rent and a security deposit, are
barriers preventing some low-income residents from improving their living
conditions, In May 1998, the Housing Commission began the Ashland Rental
Assistance Program, The purpose of the Ashland Rental Assistance Program is
to provide low- to moderate-income Ashland households with the up-front cost of
obtaining rental housing, Currently, ten households are participating in the
program,
City of Ashland
CDBG Action Plan for Fiscal Year 2003
Page 22
Rental assistance is made in the form of short-term loans to qualified applicants
for use toward the first or last month's rent, security deposit and other move-in
fees. The maximum amount is $750 and the loan must be repaid in full within 15
months at a rate of five percent per annum. The participant(s) must be a resident
of Ashland and must have resided, or worked in Ashland for a period not less
than six moths prior to the date of application for assistance. The household
income of the participant(s) shall not exceed 100 percent of the median income
level for Jackson County, Oregon, and is required to be at a level commensurate
with monthly payment obligations, The participant(s) is billed through the City
utility billing process. The program is administered by ACCESS, Inc" a local
non-profit organization,
. Ashland Home Ownership Program - The down payment and/or
closing costs associated with purchasing a home are barriers preventing some
low-income residents from owning their homes. In May 1998, the Housing
Commission began the Ashland Home Ownership program. The purpose of the
Ashland Home Ownership Program is to provide qualified participants assistance
with down payments, closing costs, and in some cases, renovation funds for the
first time purchase of a residence in the City of Ashland. The maximum amount
of assistance provided by this program is $2,500 per household.
The assistance is made in the form of short-term loans to qualified applicants.
The maximum amount is $2,500. The loan payments are deferred for five years,
then amortized over ten years at a rate of five percent per annum. The
participant(s) must be a first time home buyer, and the household income can not
exceed 100 percent of the median income for Jackson County, Oregon, In
addition, the participating household must not have liquid assets in excess of
$5,000, excluding any such asset used toward the purchase of the home, nor
have ownership in any other real property. The participant(s) must complete a
home ownership program approved by the City of Ashland. The participant(s)
must be a current resident of the City of Ashland, and must have resided, or
worked in Ashland for a period not less than six months prior to the date of
application. The dwelling must be located within the Ashland city limits. The
program is administered by ACCESS, Inc., a local non-profit organization.
Monitorina
The City of Ashland, as the grantee for CDBG grants, will monitor the
subrecipients on a quarterly basis. Staff will maintain a close working
relationship with the subrecipients. The City is committed to ensuring that
CDBG funds are used as specified in State and Federal regulations
through: public and City Council monitoring through public hearings; staff
evaluation; annual evaluation of the priorities set forth in the Consolidated
Plan; periodic site visits and program evaluations; financial monitoring,
record keeping, and reporting requirements.
The City would like to maintain its role as a supportive partner and
stimulate new partnerships with nonprofit and public agencies. In the
future, if the strategies are not being met in this manner, the City will
consider other actions to accomplish goals,
City of Ashland
CDBG Action Plan for Fiscal Year 2003
Page 23
Public Participation
A Public hearing was held on August 28th, 2002 before the Ashland
Housing Commission to review applications submitted for CDBG grant
awards, and to obtain public input regarding use of Program Year 2003
CDBG funds, After review of the proposals the Housing Commission
forwarded an award recommendation to the Ci~ Council. The City
Council held a public hearing on September 17 ,at which time a recipient
was selected, All meetings were noticed in the Community Calendar and
Legal Notices in The Ashland Daily Tidings, and posted on the City of
Ashland website. At the public hearing held on September 17th the City
Council awarded a total of $214,000 of the Program Year 2003 CDBG
allocation and prior year carry-over, as a grant to the Rogue Valley
Community Development Corporation. These RVCDC projects (1 &2)
entails land acquisition for the construction of 10-11 rental units for low-
income households, and the contribution of CDBG funds toward the
predevelopment costs associated with the multi-phased affordable
housing project..
Testimony specific to the CDBG allocations was received and Minutes
from the meeting are attached.
The public comment period for the draft One Year Use of Funds Action
Plan for Program Year began on December 19th, 2002, and ran through
January 21s" 2003. The availability of the draft glan was also posted on
the City of Ashland web page on December 20 ,2002 and an Adobe
Portable document (pdt) of the Action Plan was available for download
throughout the public comment period.
An advertisement was published on December 19th, 2002 in The Ashland
Daily Tidings (a copy of the advertisement is attached). In addition, a flyer
announcing the availability of the draft One Year Use of Funds Action Plan
for Program Year 2003 was mailed to the mailing list of 45 public agencies
and non-profit organizations in Jackson County.
The Ashland City Council held a public hearing on January 21 s" 2003 and
approved the Action Plan for the one year use of CDBG funds for Program
Year 2003.
City of Ashland
COSG Action Plan for Fiscal Year 2003
Page 24
FundinQ Tables
CDBG Projects for Program Year 2003
Program Year 2003 CDBG Allocation $256,000,00
Program Income received prior to start of program $0,00
year
Program Income expected during current program $0,00
year
Carry Over $22,000 previously awarded for sidewalk
construction to be "re[programmed in PY 2003
(for other carry over see tables below)
2003 ALLOCATIONS
Rogue Valley Community Development $193,000 toward land acquisition
Corporation (RVCDC) $21,000 toward predevelopment costs
City of Ashland - Accessibility Improvements $12,800,00
City of Ashland - Administration $51,200,00
TOTAL ALLOCATIONS $278,000.00
TOTAL FUNDS UNPROGRAMED $0
CDBG Projects for Fiscal Year 2002-2003
FY 2002-2003 CDBG Allocation $225.000.00
Program Income received prior to start of program $0,00
year
Program Income expected during current program $0,00
year
Carry Over (see tables below)
2002-2003 ALLOCATIONS
Rogue Valley Community Development $168,750.00
Corporation (RVCDC)
City of Ashland - Accessibility Improvements $11,250,00
City of Ashland - Administration $45,000,00
TOTAL ALLOCATIONS $225,000.00
TOTAL FUNDS UNPROGRAMED $0
City of Ashland
CDSG Action Plan for Fiscal Year 2003
Page 25
CDRG Projects for Fiscal Year 2001-2002
FY 2001-2002 CDBG Allocation $230,000.00
AllOCATIONS
Ashland Community Land Trust $120,000.00 - unexpended
Interfaith Care Community of Ashland $29,500 - drawn down
City of Ashland - Accessibility Improvements $11,500.00- unexpended
City of Ashland - Sidewalk Improvements $23,000.00 - unexpended
City of Ashland - Administration $46,000,00 - drawn down
TOTAL AllOCATIONS $230,000.00
TOTAL FUNDS UNPROGRAMED $0
CDRG Projects for Fiscal Year 2000-2001
FY 2001-2002 CDBG Allocation $221,000,00
AllOCATIONS
Ashland Community Land Trust $75,000.00 - drawn down
Interfaith Care Community of Ashland $28,000 - drawn down
Pathways Enterprises -group home re-roof $7,605 - drawn down
Jackson County Housing Authority $33,045.00- unexpended
City of Ashland - Accessibility Improvements $11,050.00- unexpended
City of Ashland - Sidewalk Improvements $22,100.00. reprogrammed
City of Ashland - Administration $44,200,00 - drawn down
TOTAL AllOCATIONS $221,000.00
TOTAL FUNDS UNPROGRAMED $0
City of Ashland
CDBG Action Plan for Fiscal Year 2003
Page 26
1Ir.1I
IJ_~
CITY OF
ASHLAND
....",.".
Friday, January 10, 2003
-
-
Minutes
City Council
09/17/2002
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
September 17, 2002 7:00 p,m,
Civic Center Council Chambers, 1175 E, Main Street
PLEDGE OF ALLEGIANCE
Mayor DeBoer called the meeting to order at 7:00 p,m, in the Civic Center Council
Chambers,
ROLL CALL
Councilor Laws, Reid, Hartzell, Jackson, and Hearn were present. Councilor Morrison was
absent.
APPROVAL OF MINUTES
The minutes of the Regular Council Meeting of September 3. 2002 were approved, noting
on page 4 that Mayor DeBoer was stepping down from the Hospital Board due to his
appointment as representative for the Metropolitan Planning Organization (MPO).
SPECIAL PRESENTATIONS & AWARDS
The Mayor's Proclamation of "Race Equality Week" was read aloud.
The Mayor announced that in memory of former Ashland City Councilor Ken Hagen, who
passed away September 21, 1998, a bronze plaque would be mounted along the stretch
of bike path by the Railroad Park, The plaque commemorates Ken's dedication and
commitment to bike paths in the City of Ashland.
The Mayor reminded everyone that the bus is free in Ashland and informed the Council
that initial reports from the Rogue Valley Transportation District (RVTD) indicate a 50%
increase in ridership,
The Mayor announced that this would be City Administrator Greg Scoles last Council
Meeting, He thanked Scoles for his time with the City and enumerated many of Scoles
accomplishments,
CONSENT AGENDA
1, Minutes of Boards, Commissions and Committees,
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2, Liquor License Application from Christopher Ashenbl'ener dba Plaza Inn & Suites at
Ashland Creek, 98 Central Avenue,
3. Liquor License Application from Thomas Kohler dba Tom's Golf Shop, Inc., at 3060
Highway 66,
4, Confirmation of Mayor's appointment of Brian Almquist as Interim City
Administrator.
5, Consider Granting the State of Oregon a Permanent Slope Easement.
Councilors Hartzell/Reid m/s to approve the Consent Agenda. Voice Vote: all AYES.
Motion passed.
PUBLIC HEARINGS
1. Public Hearing on Grant Award for Community Development Block Grant (CDBG)
Affordable Housing Project Proposal.
Community Development Assistant Planner Brandon Goldman and Associate Planner
Maria Harris reported that the Housing Commission is charged with forwarding a
recommendation to the Council for award of the 2003 CDBG funds, Three proposals were
received requesting a total of $274,750 in CDBG funds and approximately $214,000 is
available, Each of the proposals addressed the high priority need for affordable housing
identified in the 2000-2004 Consolidated Plan. It was noted that Staff seeks to maximize
returns on CDBG dollars and that funding three projects would pull Staff time away from
other projects. Staff recommended the following awards:
. Rogue Valley Community Development Corporation (RVCDC) proposal #1 :
$200,500
. Rogue Valley Community Development Corporation (RVCDC) proposal #2:
$13,500
. Creative Alternatives Foundation (CAF) proposal #3: $0 in this program year
Ron Demele/165 Crocker/Executive Director of RVCDC, spoke in favor of the RVCDC
proposal, and requested funding for the acquisition of a site with possible yields of 32
units of affordable housing,
Bill Brown/125 Lani Way, Talent/of the Creative Alternatives Foundation, spoke in favor
of the CAF proposal.
Larry Medinger/115 Fork Street/Spoke in favor of the CAF proposal noting those CDBG
funds are exactly characterized to do off-site expenses, He suggested re-characterizing
their request as a property acquisition for $27,750,00, He noted that the City has already
given a zone change and a waiver of SDC's,
PUBLIC HEARING OPEN: 7:45 p,m,
Goldman addressed the issue of land acquisition as an alternative for CAF, noting that as
part of their CDBG application CAF submitted a document outlining the donation of the
$300,000 property, He explained that this raises significant issues with getting funds to
purchase lands that they already control because CDBG funds do not allow for the
repayment of loans or to buy a property already acquired by the applicant.
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Reid questioned if CDSG monies are the only way to fund the CAF project. Harris c1arified__
that they were not, but Staff was not prepared to speak on alternative methods at this
time, Reid suggested the Council explore alternative possibilities, Laws noted that this
might be an excellent leverage of funds and favored approval pending the ability of Staff
to find a way it can be done. Goldman noted that funds could be awarded upon
completion of public improvement construction. Hartzell commented that that would still
require a huge amount of Staff time and suggested, as an alternative, funding the project
through sale of surplus City property, It was questioned if the two RVCDC projects could'
be counted as one, It was clarified that in terms of Staff time, and in the eyes of HUD, they
were two separate projects, Harris suggested the Council consider funding the CAF
project in the next cycle,
Andy Dungan/260 Meadow DriveNice Chair of the Housing Commission/Explained
that the Commission supports funding the RVCDC and CAF projects, For the CAF project,
he suggested the City waive the $27,000 for the project or extend payment time. He
commended Staff for their work on the issue.
PUBLIC HEARING CLOSED: 8:15 p.m.
Councilors Hartzell/Hearn m/s to approve RVCDC proposals #1 for $193,000. and #2
for $21,000 contingent upon Staff determining that $7,500 is eligible for pre-
development costs. If ineligible, that amount would be applied towards the balance
of proposal #1. Motion withdrawn by Hartzell/Hearn.
Councilors Hartzell/Hearn m/s to approve RVCDC proposals #1 for $193.000, and #2
for $21,000 contingent upon Staff determining that $7,500 is eligible for pre.
development costs. If Ineligible, that amount would be applied towards the balance
of proposal #1. DISCUSSION: Hartzell noted that we are capable of finding resources to
allow the CAF project to move forward. Jackson did not favor this motion without
assurance of support for the CAF request. Reid did not favor linking the CAF project to
future funds, Laws suggested reducing proposal #1 by $27,500, and setting that amount
aside, while Staff investigates the feasibility of applying that amount to the CAF project. It
was noted that doing that would entail much extra staff time and produce project delays.
Goldman clarified that Staff had already investigated possibilities and noted that
alternative funding methods exist. Voice Vote: Laws, Hearn, Hartzell, and Reid. AYES.
Jackson. NO. Motion passed 4 to 1.
CITY OF
ASHLAND
Council Communication
TITLE: Planning Action 2001-117, 250 Clay Street(Annexation)
DEPT: Community Development
DATE: January 17, 2003
SUBMITTED BY: John McLaughlin, Director Of
Qommunity Development
Bill Molnar, Senior Planner
APPROVED BY: Brian Almquist, City Administrator
Synopsis: Planning Action 2001-117, request for Annexation, Comprehensive Plan and
Zoning Map Change from Jackson County zoning F-5 (Farm Five) to City of
Ashland zoning R-1-3.5 (Suburban Residential) for an approximately five-acre
parcel located at 250 Clay Street. Note: On November 26, 2002, the Planning
Commission approved the Outline Plan and Site Review for a 41-unit
development located on five acres at 250 Clay Street. The decision of the
Commission is the final decision of the City unless appealed to the Council. Since
no appeal was filed, the Commission's decision to approve Outline Plan and Site
Review is final and no action by the Council is required. The motion by the
Commission included a recommendation to the Council for approval of the
Annexation request. The Council makes the final decision with regards to
Annexation.
The application includes a request for annexation of approximately 4.9 acres to
the City of Ashland. The applicant is requesting a City zoning designation of R-1-
3.5P, which is consistent with the property's Comprehensive Plan designation of
Suburban Residential and allows for residential development at a base density of
7.2 units per acre. If the Council approves the Annexation, the applicant intends to
construct approximately 41-residential units. Annexation approval standards
require that six units (15%)be sold or rented to families at 80% or below of the
area median income.
Recommendation: At its meeting on November 26, 2002, the Planning Commission made a
recommendation that the City Council approve the request for Annexation of the
five-acre parcel.
Fiscal Impact: No fiscal impact to the City of Ashland.
Background: At its meeting on November 12, 2002, the Planning Commission reviewed an
application for Annexation, Comprehensive Plan Map and Zoning Map
amendment from Jackson County zoning F-5 (Farm Five) to City of Ashland
zoning R-1-3.5 P (suburban Residential) for an approximately 5-acre parcel
�r,
located at 250 Clay Street. The application also included a request for Outline
Plan and Site Review approval for a 41-unit project under the Performance
Standards Option. Before the public hearing was closed, a request was made to
have the record left open for approximately seven days to permit additional
information to be submitted.
At its meeting on November 26, 2002, the Commission passed a motion to
approve the request for Outline Plan and Site Review. The decision of the
Commission regarding the request for Outline Plan and Site Review approval is
the final decision of the City. No appeal of that decision was filed. The
Commission's motion included a recommendation to the City Council to approve
the request for Annexation. Consequently, the request for Annexation of the five-
acre parcel is the only relevant request before the City Council. The Council's
decision regarding Annexation is the final decision of the City.
CITY OF
ASHLAND
RECORD FOR PLANNING ACTION 2001-117
REQUEST FOR ANNEXATION, COMPREHENSIVE PLAN AND ZONING MAP CHANGE FROM
JACKSON COUNTY ZONING F-5(FARM FIVE)TO CITY OF ASHLAND ZONING R-1-3.5
(SUBURBAN RESIDENTIAL) FOR AN APPROXIMATELY FIVE ACRE PARCEL LOCATED AT
250 CLAY STREET. COMPREHENSIVE PLAN DESIGNATION: FARM FIVE 3.5(PROPOSED);
ASSESSOR'S MAP#: 391E 11 CB;TAX LOT: 1000.
APPLICANT: RUSS DALE
Notice of public hearing and related criteria 1-3
Findings letter and Findings dated 12-12-02 4-11
Minutes of 11- 26-02 12-13
Minutes of 11-12-02 14-21
Corrected Notice of public hearing 22
Map of subject property 23
Staff Report datedl l-12-02 24-40
Tree Commission Review 41
Maps of property 42-43
Letter from Jackson County Roads dated 12-14-01 44-45
Applicant's Response 46-53
Written Comments 54-78
Applicant's Findings & Related Materials 79-132
Transportation Impact Study 133-142
Letter from TID dated 115-02 143
Wetlands Information 144-187
Written Comments 188-222
Notice is hereby given that a PUBLIC HEARING on the following A copy of the application,all documents and evidence relied upon by the applicant and
request with respect to the ASHLAND LAND USE ORDINANCE will applicable criteria are available for inspection at no cost and will be provided at
reasonable cost,0 requested. A copy of the Staff Report will be available for inspection
be held before the ASHLAND CITY COUNCIL on January 21, 2003 seven days prior to the hearing and will be provided at reasonable cost,if requested. All
at 7:00 p.m. at the ASHLAND CIVIC CENTER, 1175 East Main materials are available at the Ashland Planning Department,City Hall, 20 East Main
Street,Ashland, Oregon. street,Ashland,Oregon 97520.
During the Public Hearing,the Mayor shall allow testimony from the applicant and those
The ordinance criteria applicable to this application are attached to this notice. Oregon law In attendance concerning this request. The Mayor shall have the right to limit the length
states that failure to raise an objection concerning this application,either In person or by of testimony and require that comments be restricted to the applicable criteria. Unless
letter,or failure to provide sufficient specificity to afford the decision maker an opportunity there is a continuance,if a participant so requests before the conclusion of the hearing,
to respond to the Issue,precludes your right of appeal to the Land Use Board of Appeals the record shall remain open for at least seven days after the hearing.
(LUBA)on that issue. Failure to specify which ordinance criterion the objection is based on
also precludes your fight of appeal to LUBA on that criterion.Failure of the applicant to miss If you have questions or comments concerning this request please feel free to contact
constitutional or other issues relating to proposed conditions of approval with sufficient Susan Yates at the Ashland Planning Department.City Hall,at 541-552-2041. Our TTY
specificity to allow this Commission to respond to the Issue precludes an action for phone number is 1-800-735.2900.
damages in circuit court.
Subject Pro ert
c,
i•
f
PLANNING ACTION 2001-117 is a request for Annexation, Comprehensive Plan and Zoning Map Change from
Jackson County zoning F-5 (Farm Five)to City of Ashland zoning R-1-3.5 (Suburban Residential)for an
approximately five acre parcel located at 250 Clay Street. Comprehensive Plan Designation: Farm Five
(existing), City Comprehensive Plan Designation: Suburban Residential (proposed); Zoning: F-5 (existing); R-1-
3.5 (proposed); Assessor's Map#: 39 1 E 11 CB; Tax Lot: 1000.
APPLICANT: Russell E. Dale
Ashland Municipal Code
SECTION 18.106.030 Approval standards.
An annexation may be approved if the proposed request for annexation conforms,or can be made to
conform through the imposition of conditions,with the following approval criteria:
A. The land is within the City's Urban Growth Boundary.
B. The proposed zoning for the annexed area is in conformance with the designation indicated on
the Comprehensive Plan Map,and the project, if proposed concurrently with the annexation, is
an allowed use within the proposed zoning.
C. The land is currently contiguous with the present City limits.
D. Adequate City facilities for the provision of water to the site as determined by the Public Works
Department; the transport of sewage from the site to the waste water treatment plant as
determined by the Public Works Department; the provision of electricity to the site as
determined by the Electric Department; urban storm drainage as determined by the Public Works
Department can and will be provided to and through the subject property. Unless the City has
declared a moratorium based upon a shortage of water, sewer,or electricity, it is recognized that
adequate capacity exists system-wide for these facilities.
E. Adequate transportation can and will be provided to and through the subject property. For the
purposes of this section"adequate transportation" for annexations consists of vehicular,bicycle,
pedestrian and transit transportation meeting the following standards:
1. For vehicular transportation a 20'wide paved access exists,or can and will be constructed,
along the full frontage of the project site to the nearest fully improved collector or arterial
street. All streets adjacent to the annexed area shall be improved,at a minimum,to a half-
street standard with a minimum 20'driving surface. The City may,after assessing the impact
of the development,require the full improvement of streets adjacent to the annexed area. All
streets located within annexed areas shall be fully improved to city standards. Where future
street dedications are indicated on the City s Street Dedication Map or required by the City,
provisions shall be made for the dedication and improvement of these streets and included
with the application for annexation.
2. For bicycle transportation safe and accessible bicycle facilities exist,or can and will be
constructed. Should the annexation be adjacent to an arterial street,bike lanes shall be
provided on or adjacent to the arterial street. Likely bicycle destinations from the project
site shall be determined and safe and accessible bicycle facilities serving those destinations
shall be indicated.
3. For pedestrian transportation safe and accessible pedestrian facilities exist,or can and will be
constructed. Full sidewalk improvements shall be provided on one side adjacent to the
annexation for all streets adjacent to the proposed annexed area. Sidewalks shall be provided
as required by ordinance on all streets within the annexed area. Where the project site is
within a quarter of a mile of an existing sidewalk system,the sidewalks from the project site
shall be constructed to extend and connect to the existing system. Likely pedestrian
destinations from the project site shall be determined and the safe and accessible pedestrian .
facilities serving those destinations shall be indicated.
4. For transit transportation, should transit service be available to the site,or be likely to be
extended to the site in the future based on information from the local public transit provider,
provisions shall be made for the construction of adequate transit.facilities,such as bus
shelters and bus turn-out lanes.
All required transportation improvements shall be constructed and installed prior to the issuance
of a certificate of occupancy for any new structures on the annexed property.
F. For all residential annexations,a plan shall be provided demonstrating that the development of
the entire property will ultimately occur at a minimum density of 90%of the base density for the
zone,unless reductions in the total number of units is necessary to accommodate significant
natural features,topography, access limitations,or similar physical constraints. The owner-or
owners of the property shall sign an agreement,to be recorded with the county clerk after
Page I of 2
a
Ashland Municipal Code
approval of the annexation, ensuring that future development will occur in accord with the
minimum density indicated in the development plan. For purposes of computing maximum
density,portions of the annexed area containing undevelopable areas such as wetlands,
floodplain corridor lands,or slopes greater than 35%, shall not be included.
G. For all residential annexations of four units or greater
1. 25%of the proposed units shall be affordable and available to qualifying buyers or renters
with incomes at or below 100%of median income; or
2. 15%of the proposed units shall be affordable and available to qualifying buyers or renters
. with incomes at or below 80%of median income.
The total number of affordable units required by this section shall be determined by rounding
down fractional answers,determined above,to the nearest whole unit.
Properties providing affordable units as part of the annexation process shall also qualify for a
density bonus for development under the Performance Standards Option for subdivisions.
H. One or more of the following standards are met:
1. The proposed area for annexation is to be residentially zoned,and there is less than a five-
year supply of vacant and redevelopable land in the proposed land use classification within
the current city limits. "Redevelopable land" means land zoned for residential use on which
development has already occurred but on which,due to present or expected market forces,
there exists the likelihood that existing development will be converted to more intensive
residential uses during the planning period.The five-year supply shall be determined from
vacant and redevelopable land inventories and by the methodology for land need projections
from the Housing Element of the Comprehensive Plan; or
2. The proposed lot or lots will be zoned E-1 or C-1 under the Comprehensive Plan,and that
the applicant will obtain Site Review approval for an outright permitted use, or special
permitted use concurrent with the annexation request;or
3. A current or probable public health hazard exists due to lack of full City sanitary sewer or
water services; or
4. Existing development in the proposed annexation has inadequate water or sanitary sewer
service;or the service will become inadequate within one year;or
5. The area proposed for annexation has existing City of Ashland water or sanitary sewer
service extended,connected, and in use,and a signed "consent to annexation" agreement has
been filed and accepted by the City of Ashland;or
6. The lot or lots proposed for annexation are an "island"completely surrounded by lands
within the city limits. (ORD 2792, 1997)
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CITY OF
ASHLAND
December 2002
Russell E.Dale
585 Allison Street
Ashland, OR 97520
RE: Planning Action #2001-117
Dear Russell E. Dale:
At its meeting of November 26,2002,the Ashland Planning Commission approved your request for Site Review
and Outline Plan Approval for the property located 250 Clay Street—Assessor's Map#39 1 E 11 CB,Tax Lot
1000.
The Findings, Conclusions and Orders document,adopted at the December 10,2002 meeting, is enclosed.
Please note the folloz9circled it
1. A final map prepared by a registered surveyor must be submitted within one year of the date of
preliminary approval; otherwise,approval becomes invalid.
A final plan must be submitted within 18 months of the date of preliminary approval; otherwise,approval
becomes invalid.
3. There is a 15-day appeal period which must elapse before a building permit may be issued.
4. All of the conditions imposed by the Planning Commission must be fully met before an occupancy permit
maybe issued.
5. Planning Commission approval is valid for a period of one year only,after which time a new application
would have to be submitted.
Please feel free to call me at 488-5305 if you have any questions.
z lnar
Senior Planner
cc: Property Owner,People Who Testified,People Who Submitted Letters
20 E.Mai COMMUNITY DEVELOPMENT Tel:541488-5305 _ =,
20 E.Main Street Fax 541.552-2059
Ashland,Oregon 91520 TTY: 800-135-2900
www.ashland.or.us
l '
BEFORE THE PLANNING COMMISSION
November 26,2002
IN THE MATTER OF PLANNING ACTION #2001-117, REQUEST FOR SITE ) FINDINGS,
REVIEW AND OUTLINE PLAN APPROVAL FOR A 41-UNIT DEVELOPMENT ) CONCLUSIONS
UNDER THE PERFORMANCE STANDARDS OPTION. ) AND ORDERS
APPLICANT: RUSSELL E. DALE )
----------------------------------------------------------------------------------------------------
RECITALS:
1) Tax lot 1000 of 3 9 1 E 11 CB is located at 250 Clay Street, and upon Annexation is zoned R-1-3.5;
Suburban Residential.
2) The applicant is proposing a 41-;unit residential development. The whole record is on file at the
Community Development Department.
3) The following criteria for Outline Plan approval are described in 18.88.030:
A) That the development meets all applicable ordinance requirements of the City of Ashland.
B) That adequate key City facilities can be provided including water, sewer, paved access to and
through the development, electricity,urban storm drainage,police and fire protection and adequate
transportation; and that the development will not cause a City facility to operate beyond capacity.
C) That the existing and natural features of the land; such as wetlands, floodplain corridors,ponds, large
trees,rock outcroppings, etc.,have been identified in the plan of the development and significant features
have been included in the open space, common areas, and unbuildable areas.
D) That the development of the land will not prevent adjacent land from being developed for the uses
shown in the Comprehensive Plan.
E) That there are adequate provisions for the maintenance of open space and common areas, if required
or provided,and that if developments are done in phases that the early phases have the same or higher ratio
of amenities as proposed in the entire project.
F) That the proposed density meets the base and bonus density standards established under this
Chapter.
G) The development complies with the City of Ashland Street Standards.
Further,the criteria for approval for Site Review are described in 18.72 as follows:
5
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.
C. 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-of-way shall
comply with the street standards in chapter 18.88, Performance Standards Option.
4) The Planning Commission, following proper public notice,held a Public Hearing on November 12, 2002
and November 26,2002, at which time testimony was received and exhibits were presented. The Planning
Commission approved the application subject to conditions pertaining to the appropriate development of
the site.
Now, therefore, The Planning Commission of the City of Ashland Ofinds, 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 "O"
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 proposed 41-unit residential development meets all
applicable approval standards described in the Performance Standards Option chapter 18.88 and Site .
Design and Use chapter 18.72.
2.3 The Commission finds that City facilities will connect to and extend through the project,
including but not limited to water, sewer, paved access, electricity and storm drainage. The water
to
main located in Abbott Street will be extended through the project and tie into the main located
within Clay Street. The looped system will provide adequate pressure for domestic use and
hydrant operation. Run-off from the project will be directed to storm drains constructed within
the new City streets. The majority of the run-off will be piped and deposited into a natural
wetland located upon the eastern portion of the site. Based upon information in the record, the
Commission finds that new and existing streets are adequate to serve the development. The
record includes a Transportation Impact Study compiled by Hardy Engineering, a local
Engineering firm. The conclusions of the study note that local and surrounding streets have
capacity to handle the additional automobile trips generated by the proposal. In addition,the
Commission finds that the proposed improvements along the east side of Clay Street will provide
adequate pedestrian and bicycle transportation down to the intersection with East Main Street.
These improvements shall consist of a pavement overlay, on-street parking and bicycle lane
(discretion of Staff Advisor), curb and gutter, storm drain system, seven-foot planting strip and 6-
foot wide sidewalk. Additional right-of-way shall be dedicated alongahe frontage of the property,
if needed,to accommodate these improvements
2.4 The Commission finds that on-site natural features have been identified and incorporated into
commons areas within the project. A natural wetland is situated within the eastern half of the site.
This is a jurisdictional wetland,with alteration of the wetland subject to permit approval from the
Oregon Division of State Lands and Corp of Engineers. The application notes that a wetland
delineation has been completed and a mitigation plan approved by both state and federal
agencies.The existing wetland comprises approximately 13,688 square feet(.314 acres). The
public street crossing(Abbott extension) and private driveway access,to the six affordable units,
disturbs an area of 3,840 square feet.The mitigation ratio of 1.5 to 1.00 requires an additional
5,760 square feet of wetland be added to the project. The project proposes to add approximately
6,297 square feet.
The Commission finds that the Outline Plan effectively incorporates the wetland into the project
layout, while considering a variety of the other City development standards. The majority of the
wetland area adjoins public street rights-of-way, allowing the general public permanent viewing
of the area. In addition,the applicant has agreed to provide public pedestrian easements along the
wetland from the sidewalk system to both the north and south project boundaries. This provides
an opportunity for public access along the natural area south and north of the project.
2.5 The Commission finds that the Outline Plan adequately considers and serves to accommodate
the future development of adjoining lands. Properties north and south of the project are located
outside the City Limits but within the Ashland Urban Growth Boundary. The larger parcels are
either vacant or relatively under-developed, accommodating small residences and accessory
structures. The Comprehensive Plan designation for these properties is Suburban Residential,
with an anticipated,zoning of R-1-3.5.
The project's public street and walkway system has been designed so that it can be extended
through the adjoining properties. One of the new proposed public streets (Engle Street)will
terminate at both the north and south boundary of the project, allowing the street to be extended
into these adjoining properties upon annexation into the city limits. Additionally, a public
7
pedestrian easement along the wetland boundary provides an opportunity fora continuous
walkway along the wetland from East Main to south of the proposal. Based upon the information
in the record, the Commission finds that the proposed street and walkway.layout accommodates
the orderly development of adjoining vacant property consistent with local street standards.
2.6 The Commission finds that the proposal complies with the base and bonus density
requirements described in the R-1-3.5 (Suburban Residential) zoning district. The total project
area consists of approximately 4.92 acres. Annexation approval standards do not permit the
existing .314 acres of wetland to be included in the density calculations. Consequently, the base
density of the parcel is calculated as follows:
(4.92 acres- .314 acres)x 7.2 units/acres=33.16 units (Base Density)
The application includes all 5� %density bonus for affordable housing,as well as a'15% density
bonus for conservation housing. The combined density bonus results in an allowable density of
43 units. Consequently, the 41-units included within the project are within the allowable density
as permitted by the R-1-3.5 zoning designation.
2.7 The Commission fords that the proposal is consistent with the standards described for Site
Review approval.. All new public streets have been designed to comply with Ashland's Local
Street Standards, incorporating,on-street parking,planting strips and sidewalks. The architectural
styles of the town homes are similar to the residences located in the Chautauqua Trace
neighborhood. The units are oriented toward the street, with the front f tgade setback
approximately 15 feet from the sidewalk.A single car garage is provided for each unit, setback
approximately 20 feet from the sidewalk.
A landscaping plan has been included with the application consistent with the requirements
outlined in the Site Review chapter. The planting plan identifies the type, size and number of
plants and trees planned for installation within front yards, common areas and planting strips.
Furthermore, additional plantings associated with a wetland environment will be installed around
the perimeter of the existing wetland, as well as in the area proposed for mitigation.
SECTION 3. DECISION
3.1 Based on the record of the Public Hearing on this matter,the Planning Commission concludes that the
decision to approve a 41-unit residential development is supported by evidence contained within the record.
Therefore,based on our overall conclusions, and upon the proposal being subject to each of the following
conditions,we approve Planning Action#2001-117. Further, if any one or more of the conditions below are
found to be invalid, for any reason whatsoever,then Planning Action#2001-117 is denied. The following
are the conditions and they are attached to the approval:
C
1) That all proposals of the applicant be conditions of approval unless otherwise modified here.
2) That fifteen percent of the units (six units) shall be sold or rented to qualified households with household
incomes of 80%or less of the area median as stipulated by resolution of the City Council.
3) That the location and final engineering for all storm drainage improvements associated with the project,
including but not limited to drainage swales, wetland detention ponds and piped systems, be submitted at
the time of Final Plan for review and approval by the departments of Public Works and Planning.
4) That building setbacks along the perimeter of the project site comply with yard requirements of the R-1-
3.5 zoning district.
5) That a draft copy of the CC&R's for the Homeowner's Association be provided at the time of Final Plan.
CC&R's to describe responsibility for the maintenance of all common area, opewspace.and wetland.
landscaping,pathways,planting strips and street trees.
6) That street trees, 1 per 30 feet of street frontage, be installed along the frontage of each lot, including
Clay Street,prior to the issuance of a certificate of occupancy. Street trees shall be selected from the
City of Ashland approved street tree list and installed in accordance with the Tree Commission's
minimum requirements.
. 7) That all easements for public multi-use pathways, sewer, water, electric, and streets be indicated on the
final survey plat a required by the City of Ashland.
8) That a revised site, size and species specific landscaping plan incorporating the recommendations of the
Ashland Tree Commission for all common areas, planting strips and front yard areas be submitted for
review at the time of Final Plan.
9) That the installation of fencing adjacent to common area and open space boundaries, and public pathway
easements shall not exceed a height of four(4) feet, as well as rear and side yard areas abutting any
public streets. All fencing adjacent to the City street right-of-way and adjoining the wetland shall not
exceed a height of 3'-6".
10)That a drainage and grading plan for the project is included with the application for Final Plan for review
and approval by the Engineering and Planning Divisions. The engineered design shall be consistent with
methodology used in the City of Ashland Storm water and Drainage Master Plan and account for
changes in upstream conditions since completion of the Master Plan (i.e. anticipated increases in run-off
as a result of approved developments).
11)The engineered construction drawings for all new streets shall be included with the application for Final
Plan consistent with Ashland Street Standards. Plans to include profiles and cross sections for each street
section.
12)That public street improvements to Clay Street shall be installed from the southwest corner of the project
to the intersection with East Main Street. Improvements shall consist of a pavement overlay, on-street
9
parking and bicycle lane(discretion of Staff Advisor),curb and gutter, storm drain system, seven-foot
planting strip and 6-foot wide sidewalk. Additional right-of-way shall be dedicated along the frontage of
the property, if needed, to accommodate these improvements. Engineered construction drawings for
these improvements shall be included with Final Plan application.
13)That common area and open space improvements (i.e. landscaping, wetland ponds and landscaping,
irrigation, etc.)be installed or bonded for in accordance with the procedures in the Subdivision chapter
prior to signature of Final Survey Plat.
14)That all requirements of the Ashland Fire Department be complied with prior to the signature of the final
survey plat or the issuance of a certificate of occupancy for each new home.
15)That an engineered design for a curtain drain along the southern boundary of the project shall be
provided for review and approval by-the Building and Engineering Divisions prior to Final Plan
approval.
16)That written approval from the Oregon Division of State Lands is provided for the wetland mitigation
plan prior to Final Plan Approval.
17)That residential development on individual lots not exceed a maximum lot coverage of 45%
18) That the location of all fire hydrants be identified on the engineered construction drawings for public
improvements.
19) That individual driveway aprons be shown at the time of Final Plan on the final engineered
construction drawings. Driveway aprons shall have a minimum spacing of 28 feet.
20) That the three town home units along Clay Street have a primary orientation toward Clay Street,with
driveway access only from the lower order side street.
21)That a one-foot wide street plug be indicated on the final survey plat at the northern and southern
terminus of the proposed north/south oriented street(i.e. Engle Street).
22)That protective and silt fencing he installed along the wetland boundary, in accordance.with State and
Federal permit requirements,prior to issuance of a building permit, grading, grubbing,notice to proceed
with construction or other site improvements.
23)That public pedestrian, walkways be installed adjacent to the wetland area from the proposed public
sidewalk system to the north and south boundaries of the project. A public pedestrian easement shall be
identified on the final survey plat.
24)That all landscaping identified on the Planting Plan and Wetland Plan shall be installed in accordance
with the approved plan.
25)That a four foot high , solid wood fence be installed along the north property line,prior to signature of
/0
the final survey plat, to keep animals out of the neighboring pasture.
26)That the final utility plan to make provisions for piping irrigation water rights to that neighboring
property to the north. These improvements shall be identified at the time of'final plan with written
approval provide by the Talent Irrigation District(if applicable).
27)The diversion of any storm water runoff into the wetland from any impervious surfaces be reviewed and
approved by State and Federal permitting authorities, including the Dept. of Environmental Quality, and
written authorization be provided at the time of final plan.
28)That a revised landscaping plan incorporating the recommendations of the Ashland Tree Commission be
provided for review and approval by the Staff Advisor at the time of final plan.
Planning ission Approval Date
CITY OF
ASHLAND
ASHLAND PLANNING COMMISSION
(CONTINUATION OF REGULAR MEETING OF NOVEMBER 12,2002)
NOVEMBER 26,2002
MINUTES
CALL TO ORDER
Chair Mike Gardiner called the meeting to order at 7:10 p.m. Other Commissioners present were John Fields,Kerry KenCaim,
Russ Chapman,Marilyn Briggs,Mike Morris,and Ray Kistler. Colin Swales and Alex Amarotico were absent. Staff present
were John McLaughlin,Bill Molnar and Sue Yates.
CONTINUATION OF PLANNING ACTION 2001-117
250 CLAY STREET
RUSS DALE
STAFF REPORT
Molnar said there are 24 suggested Conditions. In addition,the Commissioners discussed four added Conditions: (1)
Construction of a solid wood fence along the north property line to keep animals out of the neighboring pasture,(2)the final
utility plan to make provisions for piping Talent Irrigation District or irrigation rights to that neighboring property,(3)the
diversion of any storm water runoff into the wetland from any impervious surfaces be reviewed and approved by the State
permitting authorities, including the Dept.of Environmental Quality,and(4)that a final landscaping plan incorporate the
revisions as directed by the Tree Commission.
Molnar explained that the Commissioners will be making a decision on Outline Plan and Site Review and a separate motion for
a recommendation to be forwarded to the Council regarding the annexation request.
Gardiner noted there would be no more public testimony,only Commissioner discussion.
COMMISSIONERS'DISCUSSION AND MOTION
KenCairn said with the Army Corps of Engineers,the Dept.of Environmental Quality,and Division of State Lands backing the
storm drain plan,make it hard not to accept the plan.
Briggs referred to a letter from the property owners to the south. They talked about the extension of the wetland being changed
from its natural location and moving laterally to the west. At the last meeting Briggs was concerned about all the cars for the
affordable units backing up so close to the neighboring manufactured home park. The neighbors in that park would have less
intension if Lot 25 and 26 traded places with the six affordable units and the manmade wetland follows the east line moving
into the southeast comer. It would also eliminate the need for any culverts. KenCaim said if the topographic map in the packet
is correct,that would dictate where the wetland lies. If you try to move it,it fights grade.
Fields one of the things from last month is that the two-way street is important to traffic flow. And,the wetland mitigation is
justified by connecting Abbott Street. He believes there is some loss with the whole wetland jurisdiction. Is it minimal? That
is the balance. Are they satisfying DEQ and all the governing agencies,are the applicants doing everything to make this
development as successful as possible and are they meeting the criteria? It seems like the Conditions cover it. The annexation
works. The pieces are in place that makes the application apply. He is not fully convinced the wetlands issue is resolved,
however,he is hearing that greater authorities with jurisdiction. Fields moved to approve PA2002-117 for Outline Plan and
Site Review with the 24 existing Conditions and the four added Conditions above.
Molnar noted that the natural wetland that exists on the site is pretty much being kept with the exception of disturbing for the
street crossing and the driveway crossing.
Chapman seconded the motion.
Briggs mentioned the traffic issues on the old Abbott noted by the neighbors. Gardiner said if the neighbors want speed
bumps,there are avenues that they can pursue such as through the Traffic Safety Commission.
Briggs also noted the neighbors requested that 85 percent of the units be owner-occupied so the affordable stays affordable.
McLaughlin said he is not sure it is legal through government regulations. They can discuss it as part of the Housing Action
Plan.
�a
The motion carried unanimously.
Chapman moved to recommend the annexation of the proposed property to the City Council. KenCaim seconded the motion
and it carried unanimously.
ADJOURNMENT-The meeting was adjourned at 7:40 p.m.
ASHLAND PLANNING COMMISSION 2
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NOVEMBER 26,2002
MINUTES
t3
not believe it was as good a design for the neighborhood.
Harris said Staffs interpretation of affordable housing,is since it has been proposed as a rental,they are getting the density
bonus and it should run for 20 years. She has drafted some language if the Commission wants to add it to the last Condition.
She recommends adding to the end of Condition 10, "Affordable units shall remain in the City of Ashland affordable housing
program for a minimum of 20 years." Swales believes it is important to make sure if this is approved,that the affordable unit
remain in the program for a period of time.
Briggs said she agrees with Chapman that we have the criteria for a variance and that everything has been self-imposed. A
house was removed. Two existing trees will go. The applicant determined the size of the units. It is self-imposed. She is
inclined not to grant any variance.
Swales agreed. He gets.a little fed up with the argument that is constantly presented that it is a little cottage style development
and it is better than the worst thing that could possibly go on this site. We know this is a high-density,multi-family zone that
could have something truly egregious on it. He feels it is the job of Staff and the Planning Commission to encourage
developers to do their very best both aesthetically and from the livability standpoint rather than hold out the carrot of variances
saying"If you don't grant this variance,they will come back with something even worse."
Swales believes the front yard variance is very important. Now we are also stretching the bounds of credibility to call East
Main the front of the apartment building next to it. It is a blank wall with trees planted along it. He believes we are looking at
are two variances and he believes they should be denied. He believes the variances have been self-imposed.
Gardiner thought the configuration of the lot establishes the front and side yard. In a lot of other projects,we have continued to
interpret the front and side yard based on the dimensions of the lot.
Swales referred to-the first section of the Land Use Ordinance under General Provisions: "The purpose of the Land Use
Ordinance is to provide adequate open space for light and air,to provide and improve the aesthetic and visual qualities of the
living environment,safety from fire and other dangers,provisions for maintaining sanitary conditions...". We are trying to
grant variances so it ties in with buildings. He does not believe it needs to be emulated.
Hams said the variance for the front yard setback is not required according to the City Attorney.
Swales said the intent of the ordinance as he sees it, is if you have a series of houses with front yard setbacks(fronts of the
houses)that are less than the required setback now,it allows you to build to match the existing housing.
McLaughlin said the City Attorney has made his interpretation of the ordinance. The Commission can choose not to follow
that and deny the application based on that. If it is used as a criteria for denial,then the Commission needs to make findings as
to why they believe that ordinance applies.
Briggs moved to deny PA2002-106. Chapman seconded the motion and it carried with Chapman,Swales,Gardiner,and
Briggs voting"yes"and Kistler,Moms,and Amarotico voting"no".
KenCaim returned to the meeting and Fields will participate in the next hearing.
TYPE III PLANNING ACTION
REQUEST FOR ANNEXATION,COMPREHENSIVE PLAN AND ZONING MAP CHANGE FROM JACKSON COUNTY ZONING(FARM
FIVE)TO CITY OF ASHLAND ZONING R-1.3.5(SUBURBAN RESIDENTIAL)FOR AN APPROXIMATELY FIVE ACRE PARCEL
LOCATED AT 250 CLAY CREEK. THE REQUEST INCLUDES OUTLINE PLAN AND SITE REVIEW APPROVAL FOR A 41-UNIT
DEVELOPMENT UNDER THE PERFORMANCE STANDARDS OPTION.
APPLICANT: RUSSELL E.DALE
Site Visits and Ex Parte Contacts
Site visits were made by all. Briggs stated when she was on the site,Joyce Woods,a resident on Abbott Street,talked to her
about parking and speed on Abbott Street.
ASHLAND PLANNING COMMISSION 4
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STAFF REPORT
Molnar reports this application involves a request for Annexation,Outline Plan and Site Review approval. The applicable
standards for approval have been mailed to property owners within 200 feet of the site. The five-acre site is located at the
lower end of Clay Street,just up from East Main Street. It is adjacent to the Chautauqua Trace development.
The property has a residence and some accessory structures located on the southwest comer of the property. Notable features
include a wetland running along the eastern portion of the property. It is about one-third acre and is identified on the National
Wetland Inventory produced by Dept. of Fish and Wildlife. There is an elm tree and a birch tree on the property near Clay.
The proposal involves an annexation into the city limits with a request to zone it R-1-3.5,Suburban Residential,the city's
comprehensive plan designation for the property. This zoning district falls somewhere between a single family detached
zoning district and more multi-family or apartment zoned district. It also involves Outline Plan and Site Review request for a
41-unit development under the Performance Standards Option.
Molnar said the proposal involves expanding the local street network with a grid street system extending Abbott Street through
the northern part of the property where it meets Clay Street. The east/west connection is identified on the city's Transportation
Plan. Also involved in the grid is a new north/south connection that stubs out at both the north and south property lines. Both
north and south of the property is within the Urban Growth Boundary and is consistent with the city's street standards. The
application also involves doing street improvements along Clay Street including a pavement overlay,on-street parking,a
planting strip,and sidewalk. Those improvements will go to the intersection of East Main Street.
Molnar explained the wetland is a jurisdictional wetland delineated as part of state and federal regulations. The application
proposes crossing the location for the extension of Abbott Street as well as for a smaller driveway to serve six units in the
lower comer of the property. That would disturb approximately 3,500 square feet of the wetland. The State Corps of
Engineers require one and one-half times mitigation or an additional 6,000 square feet of wetland area to be provided at the
northerly side of the property.
Thirty-five units are standard townhomes,similar in style to Chautauqua Trace. The other six units are located in the southeast
comer on the other side of the wetland. There is a request to construct a narrow driveway across the wetland in order to get to
that buildable area.
The Planning Commission is the decision-maker on the Outline Plan and Site Review request. The Commission is required to
forward a recommendation to the City Council regarding the annexation where they will make a final decision. The developer
has met the first three standards for annexation. The property is located within the Urban Growth Boundary,the property is
contiguous with the current city limits,and the requested zoning is in conformance with the Comprehensive Plan Designation.
The applicant has shown that city sewer,water and electric services available to the site. Storm drainage is provided within the
new city streets. The tentative utility plan shows the majority of the storm drainage flowing over to the wetland area,detained
and treated in the wetland area.Ultimately,the drainage swale continues south and north,crosses East Main and deposits into
the Bear Creek floodplain area.
Paved access to the site is provided to Clay Street and the extension of Abbott Streets. Bike facilities will be shared on the
local street system. The bike lane on Tolman Creek Road starts part way up,however,the shared travel lanes further down are
shared. All the streets will have public sidewalks. The applicant has agreed to public pedestrian easements along the wetland
to the north and south to allow for a public pathway system.
The applicant needs to show there is an inadequate supply of land within the current city limits of Suburban Residential. Staff
has identified less than two acres of vacant R-1-3.5 zoned property(comer of Hersey and Starflower Lane). They estimate
approximately anywhere from low ten to 15 acres of R-1-3.5 should be in the city to accommodate a five year inventory. Staff
feels there is justification for additional R-1-3.5 land to be brought into the city.
There is a requirement that 15 to 20 percent of the units are affordable. The applicant has identified 15 percent(or six units)in
the southeast comer of the parcel. The affordable units will available to those households making 80 percent or less of the area
median income.
Molnar reported there was a transportation impact study done by Hardey Engineering that looked at proposed increases in
ASHLAND PLANNING COMMISSION 5
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NOVEMBER 12,2002 , ��
traffic. They concluded that while there will be increases in traffic on surrounding streets,all streets have available capacity
within them to accommodate the additional 41 units. Outline Plan criteria also mentions incorporation of natural features. The
majority of the natural wetlands are being maintained. The overall design is effective to maintain the wetland as a key visual
component of the project by running the public street and sidewalk system adjacent to the wetland. There is also a wetland
planting and mitigation plan.Both federal and state agencies have approved the plan for the wetland area.
Staff feels the street system meets the standards and will provide access to future developing adjacent properties.
The applicant proposed providing a single car garage with a driveway apron for each unit and then providing the remainder of
the required parking through a street design that allows for parking on both sides of the street. Chautauqua Trace was built
under the city's old street standards that was a 20-foot curb-to-curb street,with the exception of bays and wagon wheel areas.
The proposal should provide 75 to 80 on-street parking spaces in addition to a single car garage and a driveway apron for each
unit. That will total approximately two and three-quarter parking spaces per housing unit. The revised site plan attaches both
single car garages of units together,creating more curb space in between the proposed driveways.
Staff felt there was sufficient information to find the request for annexation could be found to meet the standards for approval.
It appears the designed plan will work. There might be some fine-tuning at Final Plan. Staff has identified 24 Conditions of
approval,should the Planning Commission decided to approve the application. Staff is recommending a separate motion
regarding a recommendation for annexation.
Briggs asked if there was anything in the conditions stating how long the units will be affordable. Molnar said these units are
planned for ownership which allows for a deferral of Systems Development Charges for each affordable unit. If the units
remain in the program for 20 years,they are relieved of the deferral. If an owner chooses to sell to someone who doesn't
qualify for affordable or sells at a price above that established by the city,they can do that under the current affordable
resolution. They would have to pay back the deferred Systems Development Charge with a penalty. The applicant is working
with ACCESS,Inc. and Ashland Community Land Trust(ACLT)to purchase the parcel at the southeast comer of the property.
If ACLT purchased,the units would stay affordable in perpetuity.
Briggs said even if we annex this property into the city,are we still short inventory in the city? McLaughlin said yes we are.
Fields asked about the storm drain plan. Molnar said most of it is being designed to put the storm water into the wetland area.
There is an overflow facility provided should the ponding systems get inundated. A small amount will ran into a piped ditch.
Fields asked if the wetland is part of the storm system. Molnar said it will be part of this project. There is a portion of the
wetland closer to East Main that serves both purposes. Fields thought whenever you had streets that were handling oil and
potential contaminants,that those had to go into the storm sewer system,not into the wetland unless the wetland is part of the
city's designated system.
Amarotico asked about the vacant land inventory. Molnar said it came out in the Needs Analysis that there is a low inventory
of property zoned for attached or higher density housing.
PUBLIC HEARING
RUSS DALE, 585 Allison Street,said it feels like Ashland is starting to lose some of its housing diversity. He is asking for
entry-level housing in this application. There are four benefits for approving his application. The sooner the annexation is
approved,the lower the cost to the consumer. The families that want to move into this development would like to do so before
school starts in the fall. This project could be coordinated with two other projects he is working on and he could get lower
prices for materials. This would enable subcontractors to be assured of work that will enable them to make lower bids. The
ACLT needs a definitive delivery date.
Dale referred to the Buildable Lands Inventory. We have only about an acre of R-1-3.5. We need 39 acres for 20 years. It
demonstrates that we don't have what we need and we need more of it.
Dale'said his purpose is to provide the best quality homes for the lowest possible price that can be done in Ashland. This
project has been designed to address the specific housing needs discussed. These will be the lowest priced new homes on the
market. Entry-level homes are the least profitable types of housing. With the affordability requirement,it makes it almost
impossible for most developers to get financing on a project like this. We haven't had any annexations that have made a
significant contribution to the supply of homes in the last four years. The Chautauqua Trace project sold out on an average of
ASHLAND PLANNING COMMISSION 6
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ten days after certificate of occupancy and the demand today is significantly greater. Dale can do this project now because of
timing issues. Some of his soft costs can be spread over more units. Interest rates are at historic lows. By partnering with
ACLT,the market rate units do not subsidize as much of the affordable component. ACLT needs time to obtain financing.
Chautauqua Trace needs to be connected to Clay Street by way of the extension to Abbott. They came up with five points of
egress. Swales wondered why the need for the two entrances on Clay Street. Dale said there are two entrances in order to
disperse the traffic over the five entrances.
Dale said with regard to Fields' question about the wetlands,that the Army Corps of Engineers wanted to try and take as much
of the water off this site from the impervious surface and filter it through the ponds. They want the water cleaned and settled
as much as possible before entering Bear Creek.
Dale believes the affordable housing area is the choicest site. It can only have one access,consequently,it needs to remain one
tax lot,therefore, it became the most obvious place for the affordable component. These units will be built to the same
standards as the other units.
Swales wondered how long the affordable houses stayed in the affordable program. Dale thought those in Chautauqua Trace
worked quite well. Most of the people are still there. He will try to keep the prices of the new units in the$169,000 range.
KenCaim wondered if there was a more detailed design of the retention ponds. Dale said Scott English,John Galbraith and
someone from the Army Corps of Engineers worked on it. The pond will be created first.KenCairn wanted to make sure the
toxins would be taken off the street and pre-treated first.
Briggs said the affordable housing parking is lined up on the east property line,adjacent to the existing homes. She wondered
if Dale tried putting the parking in a different place. Dale asked the neighbors,and they asked for a row of conifers to block
headlights. They are trying to keep them as far away from the wetlands as possible. A fire truck will have to have access.
Briggs asked if Dale could cover the parking in the east area. Dale is willing to work with the property owners.
JEFF HARPAIN,2300 Abbott,said he is a new owner of that property and he will be most impacted by the development. He
is located at the terminus of Abbott. He never received any notification of the meeting. He requested a continuance. He found
out about the meeting on Friday from his neighbors and has not had time to review the documents. In the short time he has had
to review the documents,he has discovered some serious flaws in the project. He objects that adequate access exists via
Abbott as well inadequate planning for the incorporation of the wetlands. He believes the plan is not in compliance with
Section 18.76.030 as outlined on Page 10 of the Staff Report. He believes Abbott cannot handle any more traffic because of
the narrow street width. If the wetland mitigation is similar to what they have in Chautauqua Trace,they will be left with more
than an unsightly basin harboring insects and poisoned wildlife. Currently,there is a fully functioning wetland ecosystem in
place now. How will dumping of parking runoff preserve the wetland? He is urging denial of this project.
JENNIFER LONGSHORE,2388 Abbott Avenue,said she is concerned about the proposed extension of Abbott. She has
submitted a letter for the record, including 95 signatures of residents on Abbott. This includes almost everyone on Abbott as
well as others in the community. They are offering other options to the extension. Abbott is extremely narrow with no room
for parking. Backing into Abbott necessitates using the whole street. They have to stop to pass other on-coming cars. When
you add that other issues such as pedestrians,teenagers,toddlers,young children and senior citizens,it is a safety and livability
issue. On Clay Street,where else will traffic be able to travel to Tolman Creek,other than on Abbott? She is concerned
because the new development will be significantly wider,bottlenecking to a narrower street. It is an unsafe cross-section. She
would suggest a one-way street with cars allowed from Tolman Creek to Clay,but not from Clay to Tolman Creek Also,she
would like consideration of removable bollards for emergency vehicle,medians or traffic circles. She submitted an additional
21 signatures.
BONNIE SHAFFER,283 B Street,stated that she owns the five-acre parcel to the north of the proposed development. She
will have only a one-foot clearance between her property and the proposed development. She wants to retain her open land for
as long as she can. She would like a fence installed at the developer's expense to keep people and dogs off her property. She
is also concerned about continuation of her TID water.
Dale responded to Shaffer telling her he is putting in a new TID line and she will have continuous TID water. He would be
willing to install a fence.
ASHLAND PLANNING COMMISSION 7
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1 �
ANNICE BLACK,2110 Creek Drive,lives on the other side of Clay Street from the proposed project. Her concern is that
there is no master plan for the entire area. Each project is a singular project with myopic vision. The infrastructure required to
move pedestrians,bikes and cars for this project needs to be considered. She believes there are some open space issues.Clay
Street is still a county street and we have no control over having it widened or paved and made accessible. The street is
inadequate. There needs to be a larger plan stating how the whole sewer system is going to work. Where will the large truck
turnarounds be and where will utility trucks park? She would like to see the units owner occupied. In the Ashland Meadows
Homeowner's Association,almost 30 percent of the units are non-owner occupied. The units that are being built for the
Meadowbrook Park Estates are about 30 percent non-owner occupied. To the extent units are being bought up by outsiders and
being used as rentals,is not allowing the local people to buy locally. Having owner occupied units would mitigate the inflation
of housing prices.
ROD PETRONE,2225 Abbott Avenue,submitted written comments that he is concerned about traffic on Abbott.
JOANIE MCGOWAN, 138 North Second Street,thought there should be some reality checks about the housing situation in
Ashland. There is a lot of discussion about affordable housing. There is a broad separation of the classes in our economy
nationally and housing prices in Ashland are rising astronomically,making it an exclusive community. We do not have living
wage jobs that match up with the housing costs and she does not see that happening in the future. There are some wonderful
professionals that work in Ashland that make a fair income. They too,are unable to afford living in Ashland. There are a
number of professionals who don't make large wages,but choose to live in this community. It seems this project is trying to
preserve some semblance of diversity and some ability for professionals to live here. We will never have enough community
land trust houses. However,it is nice to have some land trust houses to give people a vision. She believes Dale will work with
the neighbors to make sure the wetlands are well managed.
TERESA MCCANTS,21 South Groveland,Medford,OR,stated she recently decided to move out of Ashland because she
could no longer afford to live here. She sells real estate and said the number of homes selling for under$200,00 two years ago
was 230. That number dropped to 84 this year. She really believes in this project and would like to see it approved.
RAD WELLES, 186 Crocker,said he lives in Chautauqua Trace and is also on the Ashland Schools Foundation. In the last
five years,they have lost seven percent of their school population. It is projected in the next five years they will lose 15
percent of their school population. Dale is one of the few people around who wants to construct affordable housing. He would
be providing housing that is clearly in demand.
Swales asked how Chautauqua Trace has developed in terms of rentals. Welles said there are good number of rentals. He
believes there are 12 to 13 units that are lived in by the original owners. There are four land trust units.There are some units
that have been purchased and rented out by those who want a place to live in Ashland someday.
KRISTA BERRY,works at 320 East Main Street,#100. She is President of the Ashland Community Land Trust,and she too,
cannot afford to live in Ashland.Ashland is losing families with two possible school closures. She has heard a lot of people
from Chautauqua Trace opposed to this project,but people are buying the units and paying the price and seem to like living
there. She believes the same thing will be true once Dale's project is approved and built.
CYNTHIA WHITE,590 Taylor Street,said she is recommending support of this application. It is a natural extension of
Chautauqua Trace,is excellent for an entry-level buyer under$200,000,and it provides housing for tenants for reasonable and
affordable rental rates. She is not aware of any other project at this time that will provide residential house pricing under
$200,000. There are only eleven out of 149 properties for sale in this price range.
EVAN ARCHERD, 120 North Second Street,said he is a developer. The reason we don't have much affordable housing is
because land prices have become astronomical. Dale has created a project where he can provide a degree of affordable
housing. This is a unique opportunity because interest rates are at a 40-year low. Maybe some of these houses are being
purchased by people who will rent them,but what's the altemative--don't build at all?
JOYCE WOODS,2308 Abbott Avenue,said she is two townhomes away from the development. She is a first-time
homebuyer. Her dream tamed into a nightmare shortly after she moved in. A great many of the units were purchased by
investors who have rented them out. She has lost sleep for over a year because those people did not conform to the CC&R's in
the neighborhood. She has called the police numerous times because of parking violations and other violations she
experienced including things being stolen from her property. The neighborhood is quiet now. The places adjoining her are
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d
now owner occupied. She is fearful of having a parking lot behind her again(the street was used as a parking lot)and the two-
story structure with six apartments directly behind her. She doesn't want to become another Ashland refuge. Families will not
stay here if they feel their children are not safe in their neighborhood. She would agree with the one-way on Clay. Three
months ago it was determined that 30 to 40 percent of the units at Chautauqua Trace are rentals.
Amarotico moved to extend the meeting to 10:30 p.m. The motion was seconded and approved.
SALLY SUMMERDORF,321 Clay Street,N48,lives in Wingspread. She is concerned for the safety of those on Clay Street
and the dogleg on the south end that enters Ashland Street. There has been so much more traffic in the last two years. Most'
people that drive on Clay,drive too fast. By increasing traffic,there is no place for pedestrians. Clay is used by a lot of the
people that go to the YMCA. There are many elderly in the mobile home park that go to the bus stop and Albertson's. Her
concern is with increased traffic and safety.
WILLOW DEAN, 55 Brooks Lane,is on the board of the Chautauqua Trace Homeowner's Association. A neighborhood
group has been in dialogue with Dale. She is concerned with the health and well-being of the wetland. The habitat is
enjoyment for the neighborhood,but it needs to be handled carefully. She is concerned with the storm water and untreated
toxic waste. Constructed wetlands become habitat for blackberries. The homeowner's association just spent over$2000 to
remove blackberries at Chautauqua Trace.
She shares many of the same concerns regarding traffic. It would help to make Abbott one-way.
She has a big issue with investors and absentee landlords. At last count,it was 40 percent absentee landlords. They have dealt
with party houses.
Staff Response
McLaughlin wanted to address Harpain's request for a continuance due to failure to receive notice. There were two notices in
the file sent to 2300 Abbott to a different name. Our mailing list is updated monthly from Jackson County. It probably takes
some time for it to get into Jackson County's database. The ordinance states that failure of a property owner to receive notice
does not invalidate such proceedings as long as a good faith attempt was made to notify all persons entitled to receive notice.
McLaughlin said Harpain has reserved his right of appeal by participating in the hearing. By ordinance,the Commission can
continue the hearing,but they do not have to.
Swales noticed the writing on the City's blue and white land use sign had faded off. Can the record be kept open if Harpain
has more information to add? Molnar said notice was sent 20 days prior to the hearing. McLaughlin said the hearing may be
kept open for seven days.
Harpain asked that the record be kept open for seven days.
Molnar said the main issues dealt with the extension of Abbott. All along,Staff has directed the applicant to extend Abbott to
Clay because it is on the city's street dedication map and follows the city's philosophy of connecting neighborhoods. Gardiner
reiterated that connectivity is an important part of the design of all the property.
Molnar said the Clay Street area is in the UGB with a county maintained road. An improvement district can be formed,but
they are not residents within the City of Ashland and not required to pay into that district. As property annexes along the
county road into the city,the city street improvements will be provided along the frontage. It will happen incrementally.
McLaughlin said the improvements to Clay are on a list and in line for improvements.
Briggs asked what Staff thought of one-way streets. McLaughlin said it has been their experience that it creates longer trips or
people violate the one-way.
KenCaim wondered if Abbott is designed in such a way that it might make sense not to have it connect through. McLaughlin
said Abbott is a residential street,serving a residential neighborhood. The purpose is to carry local traffic to their destinations.
KenCaim wondered if there was ladder between Tolman and Clay that will present a larger opportunity for street connection.
McLaughlin did not think so.
ASHLAND PLANNING COMMISSION 9
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Swales said it seems one of the problems is we have two different street standards on one street. If the parking is full,the
streets would be the same 20 feet. If the street isn't full in the new subdivision,there will be a real bottleneck through there.
McLaughlin said Staff considered that. The applicant is using on-street parking credits to meet the parking requirement. If the
applicant had met all the parking off-street,they could have gone to a narrower street. They are anticipating a higher utilization
of on-street parking.They are not seeing accidents happen because streets narrow and widen.People adapt well to these
situations.
Briggs moved to extend the meeting until 11:00 p.m. The motion was seconded and carried.
ANNICE BLACK said a passageway doesn't necessarily have to be an automobile passage,but could be a foot or bike path to
Tolman Creek.
Rebuttal
DALE offered to spend some time with Jeff Harpain to design the area around his house to accommodate him. He needs an
answer his planning action tonight. He is getting the best financing he has ever gotten. There is another alternative for traffic.
He would suggest working with the Traffic Safety Commission for solutions. This development will create one additional
vehicle trip through Chautauqua Trace every nine minutes.
McLaughlin said there is a request to leave the record open for seven days to allow for additional written testimony. They
cannot make a decision until after that. Does the applicant wish additional time for rebuttal? The Commission can discuss the
issues tonight in order to clarify which direction they want to go with the project. The record would remain open until
November 19,2002 for additional information. It will be closed at that point and the applicant will have until November 26,
2002 for rebuttal. That would be forwarded on to the Commission for their review.
COMMISSIONERS'DISCUSSION AND MOTION
Briggs would like to add a 20-year life span for affordability. McLaughlin said he did not believe the ordinance gives them the
discretion to do that at this point. He thinks the applicant is clear on everyone's feelings.
Briggs said she would like to see the affordable unit parking located further away from the adjacent Chautauqua Trace and
mobile home park. If possible,it should be covered.
Kistler wondered about a wall or fence that would help block headlights. Briggs agreed that was a good idea. KenCaim
thought a fence might be preferable because it wouldn't limit what could be planted that might obscure headlights instead of a
wall. A wall limits the positive things you could do.
Fields would like clarification of Condition 3. Is there adequate capacity or some type of mitigation of the storm system or
pre-cleaning before water goes into the wetland?He would like verification that it is a permitted way of processing street
drainage attached to Condition 3.
Molnar suggested adding that the diversion of the storm drainage into the wetland as identified on a tentative utility plan be
authorized by the permitting agencies that have approved the wetland plan. This will still have to go to Final Plan and at that
time we'll need something written from the Corps and DSL saying the utility plan as proposed meets the requirement. Molnar
will add that to Condition 3.
Kistler wondered if there was a way when land was annexed that they can have owner occupied as part of it. McLaughlin said
we cannot do that now,but Staff will be looking into it.
Amarotico believes Dale has done a great job with the plan and he doesn't have any issues to raise with Outline Plan. He
wondered if anyone else was concerned and a little mad that the Housing Needs Analysis said there are 1400 units needed
between now and 2020 which is 70 per year. The Commission has already approved over 100 units this year and this project
would add another 40. McLaughlin said the study is based on what is constructed as opposed to what is approved. Not
everything the Commission approves may get built. Some project takes years to build out.
Gardiner said in the eight years he has been on the Commission,connectivity has been an important part of developments of
this type. He believes instead of cars racing from the new development through the old development,he would view it as
parents with children that live in one development would pick up children in the other development. That is the whole idea
ASHLAND PLANNING COMMISSION 10
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�0
behind the connectivity. People will interact between the communities. He believes the connection should stay as it is in this
project. He feels for those who live on Abbott that will be impacted by more traffic,that parking on both sides of the street
will be somewhat similar to the 20 feet street width on Abbott. He would encourage the Traffic Safety Commission be
involved in traffic calming measures.
Swales believes there is a lot to be said about having connectivity to allow bike and pedestrian traffic but not cars. He thinks
the bollards could be a good idea. He has trouble with the difference between the no on-street parking and the double-sided
parking. The one-way trip could be a compromise.
McLaughlin said they are going to have a difficult time if they don't like the project and they deny the subdivision plan. They
would have to ask for a variance not to connect the streets. The street standards require they be connected.
Chapman noted the engineer's report states that the roadway is well below engineered capacity.
Fields said in the road plan,it seems funny to have a wedge taper rather than an oft-set. You expect it to be necked down in a
uniform way rather than someone not realizing it is narrowing. It looks like the parking spaces will be gone and it is off-set.
Chapman said if he were voting tonight,he would vote in favor.
McLaughlin said we will close the hearing and take additional written testimony and continue Planning Commission
deliberation at the meeting of November 26,2002 at 7:00 p.m. No public testimony will be taken,only written testimony in
the record. There will be no further notice on this.
Gardiner announced that PLANNING ACTION 2002-135 and PLANNING ACTION 2002-140 will be heard at the meeting on the
November 26, 2002 too.
ADJOURNMENT-The meeting was adjourned at 11:00 p.m.
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ASHLAND PLANNING COMMISSION 11
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ASHLAND PLANNING DEPARTMENT
STAFF REPORT
November 12, 2002
PLANNING ACTION: 2001-117
APPLICANT: Russell E. Dale
LOCATION: 250 Clay Street
ZONE DESIGNATION: Jackson County F-5 (Existing); City of Ashland R-1-3.5P (Proposed)
COMPREHENSIVE PLAN DESIGNATION: Jackson County Farm 5 (Existing); City of
Ashland Suburban Residential (Proposed).
ORDINANCE REFERENCE: 18.22 Suburban Residential District
18.72 Site Design and Use Standards
18.88 Performance Standards Option
18.92 Off-Street Parking
18.106 Annexations
REQUEST: Annexation, Comprehensive Plan Map and Zoning Map amendment from Jackson
County zoning F-5 (Farm Five)to City of Ashland zoning R-1-3.5 P (suburban Residential) for
an approximately 5-acre parcel located at 250 Clay Street. The request includes Outline Plan and
Site Review approval for a 41-unit project under the Performance Standards Option.
1. Relevant Facts
1) Background-History of Application:
There are no planning actions of record for this site.
2) Detailed Description of the Site and Proposal:
The site consists of approximately 4.92 acres and is located along the east side of
Clay Street, south of East Main Street, adjoining and immediately west of the 88-
unit Chautauqua Trace neighborhood. The land slopes gently to the north(3%)
toward East Main Street and is relatively void of large mature trees, with the
exception of a Chinese elm adjacent to Clay Street and in front of the existing
Planning Application 2001-117 Planning Department—Staff Report
Applicant: Russell E. Dale November 12, 2002
a 4 Page 1
residence, and a 14"(dbh) Betula behind the residence. The residence and a few
small accessory structures located near the southeast corner of the property will be
removed as part of the application.
A wetland is located along eastern half of the property and is identified on the
National Wetland Inventory prepared by the U.S. Department of Fish and
Wildlife. Northwest Biological Consulting of Ashland has prepared a wetland
delineation. The existing wetland covers an area of approximately 13,700 square
feet and extends from south to north along the eastern portion of the site. The
wetland is part of a larger natural drainage area that extends well north of the site,
crossing beneath East Main Street and descending down slope toward Bear Creek.
ANNEXATION WITH COMPREHENSIVE PLAN MAP AMENDMENT AND
ZONE CHANGE
The application includes a request for annexation of approximately 4.9 acres to
the City of Ashland. The applicant is requesting a City zoning designation of R-1-
3.5P, which is consistent with the property's Comprehensive Plan designation of
Suburban Residential and allows for residential development at a base density of
7.2 units per acre.
In addition to the request for annexation, additional actions to be processed
concurrently with the annexation include Outline Plan and Site Review approval.
The details associated with these actions are described below.
OUTLINE PLAN AND SITE REVIEW APPROVAL
Project Overview
.The application involves a request for Outline Plan approval for a 41-unit
development under Chapter 18.88 —Performance Standards Option. Additionally,
Site Review approval is requested,requiring consistency with the requirements
described in Site Design and Use chapter 18.72, as well as with City of Ashland
Site Design and Use Standards for multi-family dwelling development.
As noted earlier, the site consists of approximately 4.92 acres. A jurisdictional
wetland comprises .314 acres, leaving approximately 4.6 net buildable acres. The
project base density is 33-units. Eight additional units are provided through
affordable housing and conservation housing density bonuses. Thirty-five of the
41 units will consist of town homes, similar in size and architectural style to those
developed in Chautauqua Trace. The remaining six units are situated upon an area
east of the wetland, at the southeast comer of the property.
Planning Application 2001-117 Planning Department— Staff Report
Applicant: Russell E. Dale November 12, 2002
A5, Page 2
A new neighborhood street system will be developed to provide access to
individual units and connect to the area's existing streets. The new system
includes extending Abbott Street, from its terminus at the eastern boundary of the
property, over to Clay Street. This will complete an cast/west street connection
between Tolman Creek Road and Clay Street, as identified and envisioned on the
City of Ashland required street dedication map. Additional streets will be
constructed, forming a grid pattern through the project and providing two street
connections along Clay Street. The street layout includes a new street that runs
north and south through the middle of the project. This street is design so that it
can later be extended into undeveloped properties north and south of the project.
All new streets will be constructed to City of Ashland local street standards. This
consists of a pavement overlay, curb and gutter, storm drain systems,on-street
parking, public sidewalks and planting strips. Clay Street will be improved along
the frontage of the project, with additional street improvements extending to the
intersection of Clay and East Main Street.
Public Facilities, Services and Utilities
The property will be served by the following public utilities and facilities:
• City of Ashland water, sewer and electric service.
• City Storm Drainage(Clay Street, Abbott Avenue & wetlands).
• Paved access from Abbott Avenue and Clay Street.
• Public sidewalks along all new streets and Clay Street.
• Public Transit is available at the east end of Abbott, along Tolman Creek
Road.
Existing Natural Features
The topography of the site slopes gently to the north. A natural wetland is situated
within the eastern half of the site. This is a jurisdictional wetland. Alteration of
the wetland'is subject to permit approval from the Oregon Division of State Lands
and Corp of Engineers.
Two mature trees are located on the property. A Chinese elm is located up along
Clay Street, while a 14" (dbh) Betula is situated behind the existing residence.
Both trees are identified for removal.
Planning Application 2001-117 Planning Department— Staff Report
Applicant: Russell E. Dale November 12, 2002
44 Page 3
Building Materials
The project includes 41 units, with the application noting that each unit will
consist of two-bedrooms. The style of the town homes will be similar to the
residences located in the Chautauqua Trace neighborhood. Exterior materials
include: 5"and 8" lap siding, 8" fascia trim, 4" side trim, vinyl-clad single hung
windows, 6/12 and 8/12 gable roofs with asphalt composition shingles, front
porches with "Turn craft"columns and metal railings.
II. Proiect Impact
The City Council has the authority to approve, approve with conditions or deny an
annexation application request based upon the approval criteria described in 18.106. The
Planning Commission is required to forward a recommendation concerning the
annexation application to the City Council. The Planning Commission, however, has the
authority to approve, approve with conditions or deny an application for Outline Plan and
Site Review, with the Commission's decision subject to appeal to the Council as provided
in section 18.108.110. Consequently, the Planning Commission is responsible for
rendering a decision on the Outline Plan and Site Review request, while forwarding a
recommendation to the Council with regards to the Annexation request.
ANNEXATIONREQUEST
The application includes a request to annex the property into the City of Ashland
consistent with the Comprehensive Plan and Zoning designation for the property of
Suburban Residential (R-1-3.5). The property is located within Ashland's Urban Growth
Boundary(UGB) and is contiguous with Ashland's City Limits along the east boundary
of the property. The proposed zoning for the annexed area, R-1-3.5 (Suburban
Residential), is in conformance with the designation indicated on the Comprehensive
Plan Map.
Public Facilities and Adequate Automobile Transportation
The application describes the availability of public facilities and transportation system
improvements necessary to serve the project. City sewer, water and electric service are
available to the site and will be extended to and installed throughout the development.
Run-off from the project will be directed to storm drains constructed within the City
streets. The majority of the run-off will be piped and deposited into natural wetland
located upon the eastern portion of the site.
Planning Application 2001-117 Planning Department—Staff Report
Applicant: Russell E. Dale November 12, 2002
97 Page 4
Paved access to the project is provided from Clay Street, as well as and through the
extension of Abbott Street to the west. The extension of Abbott Street over to Clay Street
is consistent with the requirements for required future street dedications as shown on the
City's Street Dedication map. In addition, the Abbott Street extension will provide paved
access to Tolman Creek Road, a City collector street. Lastly, improvements to Clay Street
are proposed along the frontage of the project. These improvements will consist of a
pavement overlay(minimum 20' to 26'), and the installation of storm drain lines and
catch basins, curb and gutter, on-street parking (optional), a public sidewalk and planting
strip.
The application notes that improvements to the east side of Clay Street will not only be
constructed along the frontage of the project, but also down to the intersection with East
Main Street. The written application(page 9)requests that the developer be reimbursed,
through system development charge credits, for the off-site street improvements along
Clay Street from the northwest corner of the project down to East Main Street.
Adequate Bicycle and Pedestrian Transportation
Annexation approval criteria require that the project provide access to safe and accessible
bicycle transportation facilities. New local streets will constructed to City street standards
and provide for bicycle transportation. The extension of Abbott Street provides bicycle
access to the bicycle lane along the west side of Tolman Creek Road.
Public sidewalks will be installed along all City streets within the project. The new
sidewalks will connect to the existing public sidewalk system located in the Chautauqua
Trace neighborhood. Consequently, pedestrians will be able to walk from the project to
likely destinations along Tolman Creek Road(i.e. shopping center, YMCA fields, etc.)
using the new and existing public sidewalk system.
According to the Ashland School District, children living in the development will attend
Walker Elementary School. Children walking or bicycling to Walker School will likely
proceed north on Clay Street to East Main Street, then west on East Main Street. While
the developer request reimbursement, through system development charge credits, for the
off-site street improvements along Clay Street to East Main Street, Staff questions
whether some or all of the costs should be borne by the applicant given the inadequate
width of Clay Street. The Council and Commission may decide the level of responsibility
this application has providing safe bicycle and pedestrian access along Clay Street down
to East Main Street.
Demonstration of a Public Need and Affordable Housing Provisions
Annexation approval criteria require that the application demonstrate that there is less
Planning Application 2001=117 Planning Department— Staff Report
Applicant: Russell E. Dale November 12, 2002
oZ Page 5
than a five-year supply of vacant and redevelopable land in the proposed land use
classification (i.e. R-1-3.5) within the city limits. Currently, there is only 1.7 acres of
vacant (or redevelopable land) R-1-3.5 zoned land located within the City Limits. This
property is located at the comer of Hersey Street and Starflower Lane. The 1.7-acre parcel
has a past land use application approval to construct approximately 22-condominium
units. Given the lack of R-1-3.5 zoned land within the City Limits, it is Staff's opinion
that there is exists less than a five-year supply of land in this zoning classification. Based
upon projected rates of land consumption, there is a need within the City Limits for
additional land zoned Suburban Residential (R-1-3.5).
Fifteen percent of proposed units (6 units) will be affordable and available to qualifying
buyers or renters with incomes at or below 80% of median income. The application
identifies an area at the southeast comer of the site, where a six-unit structure will be
constructed to comply with this requirement. The application notes that the developer is
working with the Ashland Community Land Trust(ACLT) and ACCESS, Inc. on the
purchase of the parcel intended to accommodate the six affordable units. The application
states: "All units will built to the same standards and will be indistinguishable from the
market rate units in terms of general style, workmanship and quality of materials, except
for the exclusion of garages" It is important to note that, regardless of on-going
negotiations between the applicant and potential non-profit housing providers, it is
ultimately the applicant's responsibility to guarantee that the affordable housing provision
will be carried out. A clear understanding of the timing of construction of these units, and
assurance that appropriately qualified households will reside in the units, will need,to be
in place prior to the City of Ashland signing the final survey plat.
OUTLINE PLANAPPROVAL
It is Staffs opinion that the project is consistent with the requirements of the underlying
zoning district (R-1-3.5) and complies with the approval standards for Outline Plan.
Project design and impacts, as well as the installation and improvements to public
facilities are described below:.
Provision of Public Facilities
Key City facilities will connect to and extend through the project, including but not
limited to water, sewer, paved access, electricity and storm drainage. The water main
located in Abbott Street will be extended through the project and tie into the main located
within Clay Street. The looped system should provide adequate pressure for domestic use
and hydrant operation. As described earlier in the staff report, run-off from the project
will be directed to storm drains constructed within the new City streets. The majority of
the run-off will be piped and deposited into a natural wetland located upon the eastern
portion of the site.
Planning Application 2001-117 Planning Department—Staff Report
Applicant: Russell E. Dale November 12, 2002
�9 Page 6
Transportation impacts
The application includes a Transportation Impact Study compiled by Hardy
Engineering, a local Engineering firm. Staff would concur with the conclusions of
the study that the local and surrounding street network has capacity to handle the
additional automobile trips generated by the proposal.
The most likely destinations for pedestrian and bicycle travel are the shopping
opportunities located off of Highway 66, and the recreation uses provided by City
ball fields and Ashland Family YMCA. Good pedestrian and bicycle access to
these destinations is available using the fully improved local street network,
including a continuous public sidewalk system (including the west side of Tolman
Creek Road) and the bicycle lane along the west side of Tolman Creek Road.
Walker Elementary is another probable destination for neighborhood children.
The most direct route is Clay Street,to East Main Street, wets along East Main
Street to the bus entrance located on the south side of East Main Street. The
section of East Main Street in route to the school is improved to a County
standard, including paved travel lanes, a narrow bike lane(East Main) and a
shoulder of varying width.
In Staffs opinion, the current width of Clay Street northward.to East Main Street
is inadequate to provide safe pedestrian and bicycle travel. The pavement width
along Clay Street is no greater than 20 feet, while the well-incised drainage
ditches adjoining the road provide little or no room for pedestrians to get out of
the travel lane. The applicant has stated that a half street improvement, including
curb and gutter, storm drains and sidewalk, will be installed along the project's
Clay Street frontage, as well as down to the East Main intersection. The applicant
has requested system development charges for all off-site improvements. In
Staffs opinion, the improvements to Clay Street to the intersection with East
Main Street are necessary regardless if the off-site improvements are eligible for
fee credits or not. Annexation approval criteria require a determination of likely
pedestrian and bicycle destinations, such as Walker School. While it is far too
onerous to require this development to construct these facilities all the way to the
school, the completion of a half-street improvement to East Main will improve the
situation. From the Clay Street/East Main Street intersection, wider travel lanes
and shoulders, sporadic sidewalk construction and narrow bike lanes provide a
better environment for those cyclists and pedestrians in route to Walker School.
Incorporation of Natural Features
A natural wetland is situated within the eastern half of the site. This is a jurisdictional
Planning Application 2001-117 Planning Department—Staff Report
Applicant: Russell E. Dale November 12, 2002
3G Page 7
wetland, with alteration of the wetland subject to permit approval from the Oregon
Division of State Lands and Corp of Engineers. The applicant has spent considerable time
and effort conferring with both the,Division of State Lands and the Corp of Engineers to
design a project that minimizes the amount of disturbance to the wetland. The application
notes that a wetland delineation has been completed and a mitigation plan approved by
both state and federal agencies.
The existing wetland comprises approximately 13,688 square feet(.314 acres). The
public street crossing(Abbott extension) and private driveway access, to the six
affordable units, disturbs an area of 3,840 square feet. The mitigation ratio of 1.5 to 1.00
requires an additional 5,760 square feet of wetland be added to the project. The project
proposes to add approximately 6,297 square feet.
In Staff's opinion, the Outline Plan effectively incorporates the wetland into the project
layout, while considering a variety of the other City development standards. The majority
of the wetland area adjoins public street rights-of-way, allowing the general public
permanent viewing of the area. In addition, the applicant has agreed to provide public
pedestrian easements along the wetland from the sidewalk system to both the north and
south project boundaries. This provides an opportunity for public access along the natural
area south and north of the project.
Two mature trees are located on or adjacent to the project site. A Chinese elm is located
up along Clay Street, apparently within the existing 60-foot wide right-of-way,while a
14"(dbh)Betula is situated behind the existing residence. Both trees are identified for
removal. The Chinese Elm is situated in an area where improvements to Clay Street are
anticipated. The installation of storm drainpipes and other street improvements could
negatively impact the root system. In addition, the landscape architect has stated that past
pruning practices has damaged and weakened the tree, and another more appropriate
street tree should be considered. The other tree, a 14"(dbh) Betula is located behind the
existing residence and will be removed. Given the proximity of the tree to development,
Staff believes removal is understandable and is offset by the improvements and
mitigation associated with the proposed Planting Plan and Wetland Plan.
Future Development ofAdioining Lands
Property north and south of the project is located outside the City Limits but within the
Ashland Urban Growth Boundary. The larger parcels are either vacant or relatively under-
developed, accommodating small residences and accessory structures. The
Comprehensive Plan designation for these properties is Suburban Residential, with an
anticipated zoning of R-1-3.5.
The project's public street and walkway system has been designed so that it can be
extended through the adjoining properties. One of the new proposed public streets (Engle
Planning Application 2001-117 Planning Department—Staff Report
Applicant: Russell E. Dale November 12, 2002
191 Page 8
Street) will terminate at both the north and south boundary of the project, allowing the
street to be extended into these adjoining properties upon annexation into the city limits.
Additionally, a public pedestrian easement along the wetland boundary provides an
opportunity for a continuous walkway along the wetland from East Main to south of the
proposal. In Staffs opinion, the proposed street and walkway layout accommodates the
orderly development of adjoining vacant property consistent with local street standards.
Maintenance of Open Space and Common Areas
Proposed common areas and open spaces include the .37 acres of existing and mitigated
wetland area, as well as along, linear garden and planting area situated behind the
majority of the units. The application notes that the maintenance of the open space and
common areas will be assured by the creation of a Homeowners Association to be vested
with the responsibility of such maintenance.
Proposed Density
The total project area consists of approximately 4.92 acres. Annexation approval
standards do not permit the existing .314 acres of wetland to be included in the density
calculations. Consequently, the base density of the parcel is calculated as follows:
(4.92 acres-.314 acres)x 7.2 unitslacres=33.16 units(Base Density)
The application includes a 15%density bonus for affordable housing, as well as a 15%
density bonus for conservation housing. The combined density bonus results in an
allowable density of 43 units. Consequently, the 41-units included within the project are
within the allowable density as permitted by the R-1-3.5 zoning designation.
SITE REVIEWAPPROVAL
The application includes a request for Site Review approval. Issues related to the
adequate provision of public facilities (i.e. sewer, water, electric, storm drainage, etc.)
have already been reviewed earlier in the Staff Report. All new public streets have been
designed to comply with Ashland's Local Street Standards, incorporating on-street
parking, planting strips and sidewalks.
The architectural styles of the town homes are similar to the residences located in the
Chautauqua Trace neighborhood. The units are oriented toward the street, with the front
fagade setback approximately 15 feet from the sidewalk. A single car garage is provided
for each unit, setback approximately 20 feet from the sidewalk.
Planning Application 2001-117 Planning Department—Staff Report
Applicant: Russell E. Dale November 12, 2002
342. Page 9
A planting plan and wetland plan is included with the application. The planting plan
identifies the type, size and number of plants and trees planned for installation within
front yards, common areas and planting strips. Furthermore, additional plantings
associated with a wetland environment will be installed around the perimeter of the
existing wetland, as well as in the area proposed for mitigation.
Required Parking
A total of 113 parking spaces are required for the project. The application proposes a
combination of off-street (single car garages) and on-street parking (with credits) to
comply with the required parking requirement. On-street parking on both sides of a
queuing street can only be accommodated through appropriate site planning, street design
and hydrant spacing. Specifically, on-street parking must be situated such that none or
very few on-street spaces are located directly opposite from an opposing on-street parking
space on the opposite side of the street. This is accomplished by locating driveway aprons
or hydrants directly across from an on-street space. In a situation where opposing vehicles
meet, one vehicle must yield by pulling into a vacant segment along the curb line(i.e.
driveway or hydrant area). This design is most effective in single family neighborhoods
with adequate off-street parking.
Staff is concerned with the proposed location and number of on-street parking spaces as
shown on the application's site plan. In most cases, on-street parking spaces are located
directly opposite of one another, making it difficult for motorists of opposing vehicles to
find a place to pull over to wait as the other motorist travels by. This could lead to an
overly congested street system, possibly restricting adequate access to residences.
Consequently, while the site plan identifies 83 on-street parking spaces, many of the
spaces do not comply with the City's standard for queuing streets. It is Staff's position
that current plan must be revised such that a minimum of 67 on-street parking spaces are
provided. The revision should consider opposing driveway locations, hydrant placement,
and joining individual garages wherever possible, in order to insure few if any on-street
spaces are situated directly across from another space. These changes could be
incorporated in the application for Final Plan.
III. Procedural- Required Burden of Proof
Section 18.106.030 states that an annexation may be approved if the proposed request
for annexation conforms, or can be made to conform through the imposition of
conditions,with the following approval criteria:
A. The land is within the City's Urban Growth Boundary.
Planning Application 2001-117 Planning Department— Staff Report
Applicant: Russell E. Dale November 12, 2002
.3 3 Page 10
B. The proposed zoning for the annexed area is in conformance with the designation indicated
on the Comprehensive Plan Map, and the project, if proposed concurrently with the
annexation, is an allowed use within the proposed zoning.
C. The land is currently contiguous with the present City limits.
D. Adequate City facilities for the provision of water to the site as determined by the Public
Works Department; the transport of sewage from the site to the waste water treatment plant
as determined by the Public Works Department; the provision of electricity to the site as
determined by the Electric Department; urban storm drainage as determined by the Public
Works Department can and will be provided to and through the subject property. Unless the
City has declared a moratorium based upon a shortage of water, sewer, or electricity, it is
recognized that adequate capacity exists system-wide for these facilities.
E. Adequate transportation can and will be provided to and through the subject property. For
the purposes of this section "adequate transportation" for annexations consists of vehicular,
bicycle, pedestrian and transit transportation meeting the following standards:
1. For vehicular transportation a 20' wide paved access exists, or can and will be
constructed, along the full frontage of the project site to the nearest fully improved
collector or arterial street. All streets adjacent to the annexed area shall be improved, at
a minimum, to a half-street standard with a minimum 20'driving surface. The City may,
after assessing the impact of the development, require the full improvement of streets
adjacent to the annexed area. All streets located within annexed areas shall be fully
improved to city standards. Where future street dedications are indicated on the City's
Street Dedication Map or required by the City, provisions shall be made for the
dedication and improvement of these streets and included with the application for
annexation.
2. For bicycle transportation safe and accessible bicycle facilities exist, or can and will be
constructed. Should the annexation be adjacent to an arterial street, bike lanes shall be
provided on or adjacent to the arterial street. Likely bicycle destinations from the project
site shall be determined and safe and accessible bicycle facilities serving those
destinations shall be indicated.
3. For pedestrian transportation safe and accessible pedestrian facilities exist, or can and
will be constructed. Full sidewalk improvements shall be provided on one side adjacent
to the annexation for all streets adjacent to the proposed annexed area. Sidewalks shall
be provided as required by ordinance on all streets within the annexed area. Where the
project site is within a quarter of a mile of an existing sidewalk system, the sidewalks
from the project site shall be constructed to extend and connect to the existing system.
Likely pedestrian destinations from the project site shall be determined and the safe and
accessible pedestrian facilities serving those destinations shall be indicated.
4. For transit transportation, should transit service be available to the site, or be likely to be
extended to the site in the future based on information from the local public transit
provider,provisions shall be made for the construction of adequate transit facilities, such
as bus shelters and bus turn-out lanes.
Planning Application 2001-117 Planning Department— Staff Report
Applicant: Russell E. Dale November 12, 2002
34 Page 11
All required transportation improvements shall be constructed and installed prior to the
issuance of a certificate of occupancy for any new structures on the annexed property.
F. For all residential annexations, a plan shall.be provided demonstrating that the development
of the entire property will ultimately occur at a minimum density of 90% of the base density
for the zone, unless reductions in the total number of units is necessary to accommodate
significant natural features, topography, access limitations, or similar physical constraints.
The owner or owners of the property shall sign an agreement, to be recorded with the county
clerk after approval of the annexation, ensuring that future development will occur in accord
with the minimum density indicated in the development plan. For purposes of computing
maximum density, portions of the annexed area containing undevelopable areas such as
wetlands, floodplain corridor lands, or slopes greater than 35%, shall not be included.
G. For all residential annexations of four units or greater
1. 25% of the proposed units shall be affordable and available to qualifying buyers or
renters with incomes at or below 100% of median income; or
2. 15% of the proposed units shall be affordable and available to qualifying buyers or
renters with incomes at or below 80% of median income.
The total number of affordable units required by this section shall be determined by
rounding down fractional answers, determined above, to the nearest whole unit.
Properties providing affordable units as part of the annexation process shall also qualify for
a density bonus for development under the Performance Standards Option for subdivisions.
H. One or more of the following standards are met:
1. The proposed area for annexation is to be residentially zoned, and there is less than a
five-year supply of vacant and redevelopable land in the proposed land use classification
within the current city limits. "Redevelopable land"means land zoned for residential use
on which development has already occurred but on which, due to present or expected
market forces, there exists the likelihood that existing development will be converted to
more intensive residential uses during the planning period. The five-year supply shall be
determined from vacant and redevelopable land inventories and by the methodology for
land need projections from the Housing Element of the Comprehensive Plan; or
2. The proposed lot or lots will be zoned E-1 or C-1 under the Comprehensive Plan, and
that the applicant will obtain Site Review approval for an outright permitted use, or
special permitted use concurrent with the annexation request; or
3. A current or probable public health hazard exists due to lack of full City sanitary sewer
or water services; or
4. Existing development in the proposed annexation has inadequate water or sanitary sewer
service; or the service will become inadequate within one year; or
5. The area proposed for annexation has existing City of Ashland water or sanitary sewer
Planning Application 2001-i 17 Planning Department—Staff Report
Applicant: Russell E. Dale November 12, 2002
Is- Page 12
service extended, connected, and in use, and a signed "consent to annexation" agreement
has been filed and accepted by the City of Ashland; or
6. The lot or lots proposed for annexation are an "island" completely surrounded by
lands within the city limits. (ORD 2792, 1997)
The criteria for approval for Outline Plan are described in Section 18.88.030 4.As
follows:
A) That the development meets all applicable ordinance requirements of the City of
Ashland.
B) That adequate key City facilities can be provided including water, sewer,paved
access to and through the development, electricity, urban storm drainage, police and fire
protection and adequate transportation; and that the development will not cause a City
facility to operate beyond capacity.
C) That the existing and natural features of the land; such as wetlands, floodplain
corridors, ponds, large trees, rock outcroppings, etc., have been identified in the plan of the
development and significant features have been included in the open space, common areas,
and unbuildable areas.
D) That the development of the land will not prevent adjacent land from being
developed for the uses shown in the Comprehensive Plan.
E) That there are adequate provisions for the maintenance of open space and common
areas, if required or provided, and that if developments are done in phases that the early
phases have the same or higher ratio of amenities as proposed in the entire project.
F) That the proposed density meets the base and bonus density standards established
under this Chapter.
G) The development complies with the City of Ashland Street Standards.
The criteria for approval for Site Review are described in 18.72 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.
C. The development complies with the Site Design Standards adopted by the City Council
for implementation of this Chapter.
Planning Application 2001-117 Planning Department—Staff Report
Applicant: Russell E. Dale November 12, 2002
34 Page 13
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-of-way shall comply with the street standards in
chapter 18.88, Performance Standards Option.
IV. Conclusions and Recommendations
The application includes a request for annexation and approval of a 41-unit town home
project. After review of the application, it is Staff opinion that the proposal can be found
to be consistent with all relevant annexation approval criteria. Currently, less than a five-
year supply of land within the Suburban Residential (R-1-3.5) classification exists within
city limits, therefore supporting the need for annexing additional land. Public facilities
necessary to serve the project are available and located close by in existing rights-of-way
(i.e. Abbott and Clay Streets). Additionally, through the construction of the proposed
local street system and recommended off-site improvements to Clay Street(down to East
Main), Staff believes adequate transportation can be provided to motorists,pedestrians
and cyclists.
Overall, it is Staff s opinion that the project layout and unit design is consistent with the
approval standards applicable to Outline Plan and Site Review approval. The project
density, with density bonus, complies with the proposed zoning designation. The wetland
along the eastern side of the site represents the most significant natural feature associated
with the property, and has been delineated on-site and incorporated within the design of
the project. A wetland mitigation and planting plan has been reviewed and approved by
the State of Oregon, Division of State Lands, and will enhance the wetland environment
will accommodating storm water run-off and overflow.
The proposed local street network complies with the design requirements described in the
City's Local Street Standard handbook. The proposed street grid is consistent with City
block length standards, and lays the foundation for providing not only connections to
Tolman Creek Road and Clay Street,but to future neighborhoods north and south of the
project. In order to limit the influence of garage space on the streetscape, the application
opts to accommodate more on-street parking through street design. Staff has raised
concerns with the proposed on-street parking plan. However, through slight adjustments
to street width, driveway apron and hydrant location at the time of Final Plan, Staff feels
confident that adequate on-street parking can be accommodated to serve the project.
Should the Commission choose to approve the application, Staff suggests that the
following conditions of approval be attached:
1) That all proposals of the applicant be conditions of approval unless otherwise modified
Planning Application 2001-117 Planning Department—Staff Report
Applicant: Russell E. Dale November 12, 2002
37 Page 14
here.
2) That fifteen percent of the units(six units) shall be sold or rented to qualified households
with household incomes of 80%or less of the area median as stipulated by resolution of
the City Council.
3) That the location and final engineering for all storm drainage improvements
associated with the project, including but not limited to drainage swales, wetland
detention ponds and piped systems, be submitted at the time of Final Plan for review
and approval by the departments of Public Works and Planning.
4) That building setbacks along the perimeter of the project site comply with yard
requirements of the R-1-3.5 zoning district.
5) That a draft copy of the CC&R's for the Homeowner's Association be provided at the
time of Final Plan. CC&R's to describe responsibility for the maintenance of all
common area, open space and wetland landscaping, pathways, planting strips and
street trees.
6) That street trees, 1 per 30 feet of street frontage,be installed along the frontage of
each lot, including Clay Street, prior to the issuance of a certificate of occupancy.
Street trees shall be selected from the City of Ashland approved street tree list and
installed in accordance with the Tree Commission's minimum requirements.
7) That all easements for public multi-use pathways, sewer, water, electric, and streets be
indicated on the final survey plat a required by the City of Ashland.
8) That a revised site, size and species specific landscaping plan incorporating the
recommendations of the Ashland Tree Commission for all common areas, planting
strips and front yard areas be submitted for review at the time of Final Plan.
9) That the installation of fencing adjacent to common area and open space boundaries,
and public pathway easements shall not exceed a height of four(4) feet, as well as
rear and side yard areas abutting any public streets. All fencing adjacent to the City
street right-of-way and adjoining the wetland shall not exceed a height of 3'-6".
10)That a drainage and grading plan for the project is included with the application for
Final Plan for review and approval by the Engineering and Planning Divisions. The
engineered design shall be consistent with methodology used in the City of Ashland
Storm water and Drainage Master Plan and account for changes in upstream
conditions since completion of the Master Plan (i.e. anticipated increases in run-off as
a result of approved developments).
11)The engineered construction drawings for all new streets shall be included with the
Planning Application 2001-117 Planning Department—Staff Report
Applicant: Russell E. Dale November 12, 2002
3 it Page 15
application for Final Plan consistent with Ashland Street Standards. Plans to include
profiles and cross sections for each street section.
12)That public street improvements to Clay Street shall be installed from the southwest
corner of the project to the intersection with East Main Street. Improvements shall
consist of a pavement overlay, on-street parking and bicycle lane(discretion of Staff
Advisor), curb and gutter, storm drain system, seven-foot planting strip and 6-foot
wide sidewalk. Additional right-of-way shall be dedicated along the frontage of the
property, if needed, to accommodate these improvements. Engineered construction
drawings for these improvements shall be included with Final Plan application.
13)That common area and open space improvements (i.e. landscaping, wetland ponds
and landscaping, irrigation, etc.)be installed or bonded for in accordance with the
procedures in the Subdivision chapter prior to signature of Final Survey Plat.
14)That all requirements of the Ashland Fire Department be complied with prior to the
signature of the final survey plat or the issuance of a certificate of occupancy for each
new home.
15)That an engineered design for a curtain drain along the southern boundary of the
project shall be provided for review and approval by the Building and Engineering
Divisions prior to Final Plan approval.
16)That written approval from the Oregon Division of State Lands is provided for the
wetland mitigation plan prior to Final Plan Approval.
17)That residential development on individual lots not exceed a maximum lot coverage
of 45%
18) That the location of all fire hydrants be identified on the engineered construction
drawings for public improvements.
19) That individual driveway aprons be shown at the time of Final Plan on the final
engineered construction drawings. Driveway aprons shall have a minimum spacing of
28 feet.
20) That the three town home units along Clay Street have a primary orientation toward
Clay Street, with driveway access only from the lower order side street.
21)That a one-foot wide street plug be indicated on the final survey plat at the northern
and southern terminus of the proposed north/south oriented street(i.e. Engle Street).
22)That protective and silt fencing be installed along the wetland boundary, in
accordance with State and Federal permit requirements, prior to issuance of a building
Planning Application 2001-117 Planning Department— Staff Report
Applicant: Russell E. Dale November 12, 2002
81 Page 16
permit, grading, grubbing, notice to proceed with construction or other site
improvements.
23)That public pedestrian, walkways be installed adjacent to the wetland area from the
proposed public sidewalk system to the north and south boundaries of the project. A
public pedestrian easement shall be identified on the final survey plat.
24)That all landscaping identified on the Planting Plan and Wetland Plan shall be
installed in accordance with the approved plan.
Planning Application 2001-117 Planning Department— Staff Report
Applicant: Russell E. Dale November 12, 2002
40 Page 17
ASHLAND STREET TREE COMMISSION
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December 14, 2001
Ashland Planning Department
City Hall
Ashland, OR 97520
RE: Development off Clay Street- a county-maintained road.
Planning Application: 2001-117, 39-1E-11CB-Tax Lot 1000.
We met with the applicant Russ Dale to discuss the our letter of November 29,
2001. Concerning comments 1, 2, 4 and 5 we will concur with City officials regarding any
requirements assessed against the applicant.
3.) The applicant has proposed two roads which exit onto Clay Street which are not
aligned with Creek Drive. The City may want to consider the roadway elignment.
6.) The applicant has provided a traffic study which shows no adverse Impacts to
County roads and we concur with this finding.
7.) The drainage system proposed will not affect County facilities.
If you have any questions or need further Information feel free to call me at 774-6230.
Si ere ,
Eric Niemeyer, PE
Traffic& Development Engineer
DEC 17 2003
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Ashland Planning Department
City Hail
Ashland, OR 97520
RE: Development off Clay Street-a county-maintained road.
Planning Application:2001-117, 39-1 E-11 CB-Tax Lot 1000.
Thank you for the opportun�'ty to comment on this request for annexation and Zone Change
from F-5 (County zone)to R-1-3.5 (City zone), Site Review,and Outline Plan approval for 43 "Row
House"homes upon the 4.8 acre parcel located south of East Main Street at 250 Clay Street Jackson
County Roads and Parks Services is concerned about the development of this property and Its Impact
on Clay Street, a county-maintained roadway within the Urban Growth Boundary of the City of Ashland.
We have the following comments_
1. The property needs to be annexed to the city. The annexation should also Include Clay Street
right-of-way, The Board of County Commissioners Order No. 8-89, adopted the 701 day of
January 1999, recommends that the cky request road Jurisdiction and annex the entire road
right-of-way, pending amendment of the Urban Growth Boundary Management Agreement
2. The applicant would need to submit construction plans to Roads and Parks Services, so we
may determine if county permits will be required. Road approaches from Clay Street shall be
completed under permits from Jackson County Roads and Parks Services. Additionally, any
work within the county's 80 foot right of way shall be under a permit from this department
3. The development of the property will require access from Clay Street We recommend that half
street road improvements be requiretl(road widening, curb, gutter,sidewalks,and bike lane as
a condition for the subdivision. We recommend the road approach to Clay Street be aligned
with Creek Drive.
4. if additional right-of-way is required for the Improvements, dedication should be required.City of
Ashland standards may be utilized for road Improvement If the City agrees, in writing,to future
maintenance of the urban improvements.
5. Jackson County has a Jurisdictional transfer program applicable to County roads located within
city limits. if Ashland accepts Jurisdiction of a section of Clay Street,Jackson County would
provide funding equal to the cost of paving the roadway plus 20%.
6. We would like to review a Traffic Study prepared by the applicant This study should be
reviewed and approved by Jackson County Roads and Parka Services.
7. if county storm drainage facilities are utilized,the applicant's registered engineer shall verify
that the drainage system has adequate capacity to accept addttior�el runoff from this
development. Jackson County Roads& Parks Services shall review,comment and approve
the hydraulic report including the calculations and dreinaga plan. Capacity Improvements or on
site detention, if necessary, shall be installed at the expense of the appilcant.
If you have any questions or need further Information feel free to Call me at 774-8230-
/S/I rely.
Nie em�PE
Traffic&Development Section
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APPLICANT'S RESPONSE
TO WRITTEN COMMENTS SUBMITTED
DURING THE SEVEN DAY PERIOD THAT
THE RECORD WAS LEFT OPEN
�d
November 21, 2002
Russell Dale
585 Allison
Ashland, Or 97520 "
Bill Mulnar, Senior Planner .
Ashland Planning & Development Department
New Building
RE; Planning action 2001-117 East Village (Bud's Dairy) 250 Clay St.
Dear Mr.Mulnar and Planning Commissioners,
This letter provides written testimony in response to correspondence
received by interested parties who have standing in the public process. The
following is submitted in respectful response to each of the salient points
presented;
Willow Dean, 55 Brooks Lane, Ashland, Or
Ms. Dean has invested considerable time, energy and made
constructive suggestions pertaining to the preservation and/or
improvement of the wetlands area and deserves credit for her
contribution to the project.
Ms. Dean's letter dated November 19'h suggested a pretty arched
bridge would serve to calm traffic and make an aesthetic contribution.
An arched bridge would have to be built to a standard engineered to
support the load of a concrete or fire truck and the cost can not be
financed by such a small housing project.
The Abbott street wetlands crossing and connection was designed to
include large diameter pipes purposely to allow for wildlife and plant
migration and the street was intentionally curved and narrowed to
slow traffic and discourage speeding as a concession to the
neighborhood concerns
A 7
NOV 2 2 MR,
Brian R. Barr, P.O. Box 171, Gold Hill, Or
Mr. Barr is clearly well versed in wetland issues and makes two
appropriate suggestions;
1) That the developer consider options for avoiding or minimizing
loss to the existing wetland habitat.
The existing wetlands are to a large degree fed by run off from TED
irrigation and to a lesser degree by some natural ground hydrology.
The land has been in the same ownership since the late 1940's and has
reported that the subject wetlands is usually dry by late summer.
The first site plan considered moving the wetlands to the area north of
Abbott Street and the second plan involved building entire new
wetlands on an adjacent property. Collaboration with DSL and Army
Corps resulted in the current plan as the least invasive alternative
that allows for the mandated road crossings.
2) That the developer be held accountable for meeting the demands of
all appropriate permits including performance criteria, monitoring and
reporting.
As a condition of the permits that have been issued, the site will be
inspected for compliance,performance, reporting and will be
monitored as prescribed by the agencies having jurisdiction.
Jeanene O'Brien, 175 Brooks & James S. Melville, 185 Brooks, Ashland, Or
Ms. O'Brien and Mr. Melville have requested that evergreen trees be
planted along their property lines and the blackberries be removed
around the.willow tree. This request will be honored.
Derek Severson for Muriel Monson, 215 Tolman Creek#11, Ashland, Or
East tillage will have more than twice as much parking as CT.
NOV 2 2 2002
Jeffrey Harpain, 2300 Abbott, Ashland, Or
The first owners of 2300 Abbott were active in the initial discussions
pertaining to the anticipated development of the remaining vacant
land inside the urban growth boundary and received all appropriate
notices. I am sorry that Mr. Harpain did not notice the existing
Abbott street stub directly in front of his prospective purchase.
Most of Mr. Harpain's concerns have been addressed in the body of
the application, supporting studies or in neighborhood meetings,
however some issues should be restated;
1) Abbott Street should be. connected and be open to two-way traffic.
The original transportation plan for Chautauqua Trace was designed
to disperse traffic out of three exits and to preclude extended westerly
trips. Every new development throughout our city should comply
with our municipal transportation plan that anticipates improved
interconnectivity with E/W & N/S two-way connections.
2)Ashland's ratio of home ownership vs. rental occupancy based on
the 2000 census data indicates that 53% of the housing units are
owner occupied. A deed restriction at East Village excluding rental
occupancy would be an economic hardship on owners and would be
out of character with the normal workings of the market place.
3) Mr. Harpin's concerns about West Nile Virus is unfounded.
According to the CDC there have never been any documented cases
of West Nile Virus in Oregon in humans or livestock.
4) The storm drain system for Chautauqua Trace was designed by a
licensed Civil Engineer in accordance with applicable standards and
was installed in anticipation of the proposed project.
5) DEQ issues the 401 water quality certification and has received the
appropriate documentation from DSL and the Army Corps. The
certification is currently being processed and will be received by the
city before the final plat is filed. See attached letter Northwest
Biological Consulting which explains the junction of the oil and
sediment traps that cleans impervious run off before entering the
wetlands.
Nov 2 2 2002
Pete &Dorothy Peterson, 215 Tolman Creek RD #13, Ashland. OR
Mr. & Mrs. Peterson's concerns for the need for improvements to the
bicycle lane along Tolman have merit and should ultimately be
addressed in conjunction with other projects that are in closer
proximity. If it is deemed that this improvement be addressed as a
condition of approval of this specific project then an off site
improvement credit vs. SDC charges would be appropriate.
Annice Black, 2110 Creek Dr. Ashland, Or.
Ms. Black's suggestion for a master plan for East Ashland would have
had considerable merit a decade ago. However the City has become
very attuned to the need for the implementation of the master
interconnected transportation and utility plans and the current site
design review ordinances doesn't leave very much to conjecture.
Bonnie Shaffer, 282 B Street, Ashland, Or
East Village will install a non-climbable fence mutually acceptable in
design and uniformity along the full length of Ms. Shaffer's property
at no expense to her. A new TID water line will be installed to serve
her property, at no expense to her.
Mary Roth and Chris DeSmit, 2290 E. Main, Ashland, Or.
The request for new fencing between the subject properties should be
coordinated with the balance of the project for uniformity of design
and will be installed at no expense to Mary or Chris. A new TID
water line will be installed to serve their property.
In summary, I have only tried to explain or respond to comments, and have
not introduced any new ater.al. However, I remain available to answer
further uestions of sta or the Commission.
es ct y sub ' ed,
ussell Dale
5�
Nov 2 2 2002
P.
NORTHWEST BIOLOGICAL CONSULTING
-!A�I'A7 PESTMATION!-PIV'?ONMENTAI PLANNN.. Cal. Engineering g g Contractors Lic. x599428
November 21, 2002
Department of Environmental Quality
Water Qualir Certification Department
Attention.- Ms. Judy Coleman
811 S W 6u'Ave
Portland, Oregon 97204
PH (503) 229-5046
Dear Ms. Coleman,
As per our recent telephone conversation,you expressed a need for site informution on
the East Village Project, Corps!< 200200292, in Ashland,Jackson County. Specifically,
you were interested in details in regards to 1.The treatment of impervious run-off from
the roofs and pared surfaces of the housing development. 1. How the run-off water
would enter the wetlands on the property.And 3.How the TD) irrigation water
effected the hydrology of the wetlands on the site.
in under to answer your questions 1 talked to Mr. Russ Dale,owner of the protect and Mr.
Scott Pingle, of KAS Engineering. We reviewed the wetlands mitigation plan,Joint
Permit Application, and master utility plan in an effort to provide clarification. The
attached utility drawings and color aerial photograph best illustrate the impervious run-
off, wetlands, site hydrology, including TID water, and wetland protection. The following
are responses to the above three question
I. The nnpervious surface run-off is captured by storm drain lines A & B where
it enters an oil water separator which filters the run-off and traps sediments
and oils that accumulate afler storm events. The separator filters the water
before it enters the wetiands at the terminus of drain lines A and B. The
separator vault is periodically cleaned out by vacuum truck after a run-off
event or when it needs maintenance. This system is designed to protect the
wetlands from pollutants, which may, be present in the run-off.
------= Q 3ox f; 1 324 Tear ce r..e
et • Ashland. re9on 97520 • (503) 458-1061
5 I NOV 2 2 2002
P. 2
NORTHWEST BIOLOGICAL CONSULTING
�A3,T AT Re5rORATJON-'NVRCIIJMENTAi PLANNING Cal. Engineering Contractors tiC. 4599428
i
The attached utility drawing illustrates how the storm ran-off enters the
wetlands via stc-rrn tines A and B, which is described above. In addition, a
sma11 impervious area in the southeast comer of the property filters run-off
water through an oil/water separator where it discharges into an existing
stone drain. This run-off does not enter the wetland.
The hydrology supporting the wetland comes from these sources:
• The adjacent swale from off the property provides sub-surface water
and during the irrigation season this stvale traps Talent Irrigation
District(TID) return water. A French drair, will be constructed in the
south edge of the properCv to help direct subsurface flow into the
swale. In addition,the Swale is connected to natural run-off due to the
topography. The swale will continue to function as it has after the
Protect is implemented.
• TID water enters the site through the swale as described above,and
also TID return flow will enter the created wetland along the northeast
property line. Natural run.-off from the upslope TID ditches will also
enter the ditch along ;e northeast line and feed the wetland system
during the growing season and whenever there is a storm event.
• All the flow entering the swale and associated wetlands exits at the
❑ortheast comer of the property, where to enter an 18 inch pipe. The
pipe extends off the site for several hundred feet where it daylights
into a series of small wetlands and open ditch,which empties into Bear
Creek.
I hope that this information is helpNI. Please call if you need additional clarification.
Sincerely
Scott English, Biologist
Coaxes To, Scott Pingle
Russ Dale
P C Eox 671 . 324 Te,r--Ce 51f9e1 Ashland, Oregon 97520 . (503) 488-1061
5�- NOV 2 2 2D02
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November 19, 2002
Russ Dale
585 Allison St.
Ashland, OR 97520
Dear Russ,
As a follow-up to my comments at the November 12 Planning Commission meeting I am
requesting the following:
- That you pay for and install a non-climbable fence along the full
length of my property to keep trespassers and dogs out of my field
- That I am guaranteed the continuance of my current TID irrigation
I depend on the rental of my field as a horse pasture to pay both my yearly property taxes
and TID user fees. If people and dogs can freely enter the property, it will negatively
affect my ability to rent it. By bringing 41 units,traffic and people to within one foot of
my property line, you are creating a problem for me that currently does not exist.
I appreciate your agreement to this at the Planning Commission meeting and will discuss
the details of implementation with you at a later date.
Sincerely,
Bonnie Shaffer
283 B Street
Ashland, OR 97520
CC: All members of Ashland Planning Commission
55
11/15/2002 00:47 5414885473 WILLOW DEAN PAGE 01
August 22, 2002
To: Russ Dale
Fax Number: 482-5072
From: Willow Dean, Coordinator
East Ashland Community Alliance
Fax number: 488-5473
Re: East Ashland Community Consensus Development Plan
Russ,
Here is a copy of the consensus development plan I referred to in our phone conversation
of August 14.Please note the five points on page two,representing the neighborhood's
goals for the future of development in our area. I'm also sending a copy of the
Neighborhood Alliance Update which is being posted on Chautauqua Trace bulletin
boards and sent to members of the East Ashland Community Alliance.
Should you have any corrections, additions or comments,you may contact me in any of
the ways specified. Finally,I must make clear that this neighborhood update does not
imply that the community is in agreement with all aspects of your current plan. You will,
undoubtedly, be hearing more about issues already raised and not yet adequately
addressed.
We commend you for listening to the concerns of the community where you plan to
build, and for incorporating the desires of the majority of residents into your planning
process. We look forward to continuing this dialogue at a meeting mutually agreed upon
at some time before the Planning Commission date.
Wes`'
TOTAL NUMBER OF PAGES, THIS ONE PLUS THREE
54�
East Ashland Community
Consensus Development Plan
August 2, 2001
Perhaps the most pleasant drive in Ashland is on East Main St. where the heritage of the
community can be viewed. Although only a short drive it contains the consistent theme of
farming, open space, vegetation and wildlife. On the East End of this drive the City ends
at Tolman Creek Rd., just east of Clay Street. Between these streets exist a unique
mixture of rapidly disappearing resources. Affordable living, open space, wetlands and
wildlife. The area contains one large mobile home park "Wingspread" and a
manufactured home park"Tolman Creek Park"coexisting with the apartment community
"Ashley Garden Apartment", "Tolman Park Condos", " Chautauqua Trace Townhouses",
"Birchwood Lane Townhouses", single lot manufactured homes, older farm houses, and
outbuildings. All horseshoed around vacant farmland that sets like an anchor thrown into
this matrix from its natural environmental cousin across East Main Street.
Inside this horseshoe is approximately forty acres of wildlife and wetlands. Attached is a
map from Jackson County of the wetlands and the United States Department of the
Interior - National Wetlands Inventory indicating the location of these wetlands. Their
beauty is better viewed in person, along with all the wildlife. Attached are personal
testimonies of the variety in this little domain. The area is a home to migrating and
indigenous geese, Killdeer nest, mallard ducks, hawks, coyotes, opossums, raccoons,
quail, pheasants, dove, owls, canaries, turkey vultures, red wing blackbirds, starlings,
scrub jays. monarch butterflies,dragon flies, frogs,and a protective path to the North side
of the valley via the underpass at Tollman Creek and Bear Creek.
Five acres of this area is currently proposed for the development of 80 to 100 apartment
units. In a recent article of the Daily Tidings the developer was quoted as being
concerned about affordable housing in the community. He would mitigate the City
problem by building a portion of the project to the city defined rental amount of
affordability. This would represent from eight to sixteen units, but the exact amount of
units and rent amount would be based on how much the city would increase the density.
The balance of the units would rent for around $900 hundred dollars per unit according
to the newspaper. This project would most likely be a trip wire to the remaining 35 acres
going the higher density route and the end result could be an additional 400 units within
the horseshoe. If the ratio stays consistent a total of 40 to 80 affordable units could be
added.
Currently all housing in this area is below proposed affordable rental rates for this new
development. This is mostly due to the large amount of Mobile and Manufactured homes
in the area. There is a small amount of owner occupied housing in the area consisting of
condos and townhouses priced much lower than anyplace else in Ashland.
The altruistic proposal to provide affordable housing is ill conceived and not thoroughly
thought out. If this density is allowed the consequential development of more units will
drive up the value of land under the manufactured and mobile home parks. Due to the
S7 NOV Y
9 2002
higher rate of returns experienced by increasing the number of units per square acre and
the higher unit return may lead the owners of these parks to either increase rents or
redevelop the parks to mimic the high density projects that may follow the proposed
development.
The net result would be a very large DECREASE in affordable living spare and a loss of
the multitude of animals, wetlands, the views of the open space, geese overhead and the
anticipated sound they make every mottling.
Over the last couple of months meeting have been held with all the communities listed
above. The goal of the meetings was to have a-say in what this eastside community wants
to live with and how they want to live without depriving land owners of their right to
obtain a gainful return on their land. This is not a stop development or NIMBY group but
is a proactive group that has participated in researching the area habitat and how it can be
developed to a higher standard without social and environmental damage. The group has
concluded that the best development should consist of the following criteria.
1. Low density single family homes on small lots.
2. An Environmental Assessment for the purpose of maintaining open space.with
Wetlands and habitats left in place and not relocated.
I Buffers of natural settings between developments.
4. Connectivity between communities, YMCA, Ashland pathways near the railroad,
and. developing pathways meandering among the communities, wetlands and
habitats.
5. No Abbott Street thoroughfare that would percipitate the shortcut and hazard
between Clay St. and Tolman Creek Rd. `
In conclusion we believe that this part of Ashland contains more affordable housing than
any other area in the community and contains many of the qualities which drive people to
live in this City. Our goal is to preserve those elements so many people in our community
advocate. One is being affordable housing. The notion that building high-density housing
will effect this goal is totally wrong..We hope these recommendations are viewed with
the positive effects we believe are inherent and that the City review this study and change
the way this area is viewed. The current proposal and City support will only be
detrimental to the goals and traditions of Ashland.
Thank You,
East Ashland Community
Attached to this recommendation are the following documents accumulated by various
volunteers.
1. GIS Wetlands Map from Jackson County.
2. Wetland Evaluation from Soil Management Services .
I Seven Wildlife Observation reports
S
November 19, 2002
To: Ashland Planning Commissioners and Bill Molnar, Senior Planner
From: Willow Dean
55 Brooks Lane, Ashland, OR
MAILING ADDRESS: Box 3304, Ashland, OR 97520
Phone: 488-5473
Re: Planning action 2001-117/proposed 250 Clay Street development
Dear Planning Commissioners and Mr. Molnar
This letter is motivated by three things: first, by my commitment to access of information
and decision-making processes which affect the lives of people in our society; second, by
my interest in the future of our community; third, by my concerns for safety and quality
of life in my neighborhood.
Over the past year and-a-half, I've been privileged to serve as coordinator of a
neighborhood group which has focused on concerns related to proposed development in
the east Ashland area. In this capacity, I've heard the views of many members of this
community. While the following is not intended to be a summation of these views, I
believe it accurately represents some of the most commonly-expressed issues related to
the proposed 250 Clay Street development. These are also my own concerns.
THE WETLAND: Many hours of neighborhood residents' time have been devoted to
correctly identifying and drawing attention to the significance of the wetland that's partly
on the proposed development site. You have already been given many documents
pertaining to this. I feel very strongly that the city owes to its residents the preservation of
this wetland in as natural a state as possible. Therefore, I am requesting that the wetland.
be bridged rather than allowing roads to be built on it. Both wildlife habitat and water
filtration functions will be better preserved if roads are not built through the wetland
we've been working to save. Furthermore, a.pretty, arched bridge will calm traffic and
add immeasurably to the aesthetic of this new neighborhood. This featurewill truly make
this development special and a strong statement by Ashland in favor of maintaining
QUALITY open space within our city. I would like to see the city commit to these values
now.
STREETS AND TRAFFIC: Perhaps the aspect of this proposed development that's been
drawing the most public comment in recent weeks has been the anticipated effects on
safety and quality of life due to dumping many more automobile trips into a
59 NOV 19 ZOOZ
neighborhood not designed to handle these. While I've heard planners express the belief
that narrow streets create favorable effects on traffic and that one-way streets should be
designated as such before they're built, I take issue with both these premises.
First, we see undeniable evidence that some of our heavily-travelled narrow streets are
hazardous. As an example, Tolman Creek Road at the location of the Tolman Creek
manufactured-home park is a hazard due to traffic exiting Chautauqua Trace and heading
south on Tolman. Vehicles exiting Tolman Creek Park are at risk of being hit by
oblivious motorists coming up Tolman. If Tolman had the bike lane which the staff report
says it has at that location, this situation could be somewhat safer.
As for designation of one-way streets,the Traffic Safety Commission has received a
request for the three streets within Chautauqua Trace(Abbott,Brooks and Crocker)to be
made one-ways. I request your endorsement of this proposal, which will create traffic
sanity as more cars are added to the neighborhood and residents of the new development
spill into the surrounding streets. Additional traffic-calming effects can be achieved by
the bridge over the wetland and partial barriers at both ends of Abbott to prevent entering
the one-way configuration at the wrong points. One-ways will limit the number of car
trips through CT, while enabling increased enjoyment of the neighborhood by
pedestrians, bicyclists, children at play, and all residents.
CONSENSUS DEVELOPMENT PLAN: In August, 2001, following two large
neighborhood meetings, members of the east Ashland community adopted a consensus
development plan laying out some goals for future development in our neighborhoods.
Attached is a copy for your reference. Bill Molnar attended andwas given this at the
August 2 meeting where it was adopted and a copy was included in the file for the
proposed 250 Clay Street development. I ask that you read the five points on page two of
this document, comparing them with the current plans for the proposed development.
Some of the five points have been respected while others have been ignored.
ACCESS TO INFORMATION AND DECISION-MAKING PROCESSES: I began this
letter by stating my commitment to access of information and decision-making processes.
My concern as it relates specifically to this proposed development is that the notification
process for the Planning Commission hearing on Tuesday, November 12, was flawed.
First, I was personally given confusing and misleading information by the Planning
Department about notification.
This resulted in our neighborhood having no opportunity for a large-group meeting.
We've pulled together two small meetings, which have not allowed for discussion of
issues and decision-making as a neighborhood. I believe there is also a requirement that
notice be posted at the proposed development site. The only notice at 250 Clay Street is
that from a year ago when this project was first scheduled for hearing by the Planning
Commission. The notice is illegible and useless. While one of the property owners
adjacent to the development site requested a continuance because he had not been
notified of the November 12 hearing, I am also requesting this now, based on the
notification irregularities sited here.
4 D NOV 19 2002
COMMUNICATION WITH APPLICANT: Finally, I am attaching for your reference a
letter I wrote on August 22 to the applicant. In this letter I invite him to meet with
representatives of our neighborhood group to further the dialogue about the proposed
development. I received no response to my letter. Having heard Mr. Dale say on several
occasions that the neighborhood has been unwilling to communicate with him, here is our
invitation to
In closing, thank you for this week during which the record has remained open for written
comments. While not affording the time we really need to inform and talk with our
community members, it has been a gesture of goodwill.
NOV 19 2002
Brian R. Barr
V.O Box 17f
Go%/Hi/l, Orcgon97525
November 18, 2002
Planning Commissioners
Ashland City Planning Department
20 E. Main Street
Ashland, Oregon 97520
Subject: Effectiveness of constructed wetlands as mitigation in construction projects
Ashland City Planning Commissioners:
I have been in recent communication with several members of the East Ashland Community
Alliance(EACA)regarding a proposed development adjacent and to the west of Chautauqua
Trace. The nature of the EACA's discussion with me has been in regard to a functioning,
permanent emergent wetland located along.the eastern boundary of the parcel proposed for
development. This wetland is hydrologically connected to Bear Creek via an unnamed, seasonal
stream that drains water to the north across East Main Street parallel to Interstate 5. It is my.
understanding that this wetland has been characterized and delineated to the level necessary for
the Oregon Division of State Lands (DSL) and the U.S. Army Corps of Engineers (ACOE)to
consider it a jurisdictional wetland subject to their regulation with respect to activities resulting
in fill.
The wetland in question performs a number of valuable ecological roles to the drainage in which
it exists and, ultimately, Bear Creek. Given the nature of the land uses surrounding the wetland,
flow attenuation and nutrient, sediment, and pesticide "filtering"are all crucial functions
performed at this site. Each of these functions help to reduce sediment,pollution, erosion, and
temperature impacts to Bear Creek, a stream containing Coho salmon, Chinook salmon,
steelhead, and rainbow trout and listed on the Oregon Department of Environmental Quality's
Section 303(d) list as water quality limited for the following parameters potentially affected by
loss or change of wetland form and function: (1)Aquatic weeds, (2)Bacteria, (3) Chlorphyll a,
(4) Dissolved oxygen, (5) Sediment, (6) Temperature, and(7) Toxics.
At Willow Dean's request,I am providing you with the most recent American Planning
Association Policy Guide On Wetlands (adopted in April of 2002). I draw your attention to a
pair excerpts from this document in reference to the proposed development that involves filling
part of a regulated wetland:
• The current plan is to mitigate for lost wetland habitat by constructing a wetland adjacent to
the remaining extant wetland The planned mitigation wetland, as compared to the existing,
wetland, will not be of the same type (the existing wetland is palustrine,or marsh-like, while
the mitigation wetland is lacustrine, or pond-like) and will not serve the same functions in the
same manner. Because of these common discrepancies between natural wetlands and
constructed wetlands,the American Planning Association recommends that mitigation only
be accepted if all reasonable alternatives to avoid or minimize loss have been exhausted(see
Policy 5, second paragraph under Reasons to support policy,page 9). I suaeest that the
NOV 19 200Z
6 �
Commission ensure that the develo er has considered Potions for avoiding or minimizing
loss to the existing wetland habitat before adopting the current elan. Although there certainly
will be added cost,a bridge spanning the wetland would result in minimal disturbance, little
to no long-term loss,and complete retention of wetland form and function.
• If the Commission is convinced that wetland mitigation is appropriate, then note that wetland
mitigation efforts nationwide have not generally been considered to be successful (see Policy
1, second bullet under Reasons to support policy, page 5). Reasons for this are numerous
and stem from the difficulty in converting upland habitat into lasting wetland habitat.
Further, the agencies with regulatory authority over wetlands rarely enforce permit
compliance. Compliance includes performance criteria(e.g. plant survival)for constructed
wetlands before they are truly considered mitigation. I suggest that the Commission before
approving a plan that includes compensatory wetland mitigation, make a commitment to
holding the developer and/or the regulators accountable to meeting the demands of all
appropriate permits including meeting performance criteria, monitoring and reporting
required by DSL and ACOE lomt Removal—Fill Permit.
In closing,I urge intensive monitoring and adaptive management of any mitigation wetland that
is constructed to prevent the loss of critical wetland and hydrologic functions within the
drainage. The monitoring plan should include seasonal surveys of water levels within the
wetland, seasonal vegetation survival and encroachment of noxious weeds surveys,and periodic
wetland delineations at the site. Based on the results of monitoring, management options may
include replanting, noxious weed control,water augmentation to ensure plant establishment, and
reconstruction if all the above fail. That said, I reiterate the importance of relying on wetland
mitigation as an absolute last resort to be used only when all other design alternatives have been
eliminated.
Sincerely,
Brian R. Ban
Enc. (1)
cc: Willow Dean
� 3
FROM : jJeanene O'Brien FAX NO. : 5414822054 Nov. 19 2002 03:34PM P1
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Subj: Mtg. 1117: Planning Action 2001-117
Date: 11/4/02 11:18:41 Pacific Standard Time
From: Jjobgrps
To: coverageguy@hotmail.com, holley@opendoor.com, katejackson @opendoor.com,
Omgarden @aol.com,dmoore @mind.net, bnelson(gjeffnetorg, pearcer @ashiand.or.us,
Itsager @earthlink.net, utoj8974 @students.sou.edu,whitall @mind.net
CC: russdale @mind.net 049 _ 5207.Z
Dear Commissioners:
Having received notice of your meeting this Thursday at 5:00 in our new City Hall, I
regret that I will be out of state later this week. Neighbor James S. Melville of 185 Brooks Lane and I, at 175
Brooks Lane, concur in the following request which we
respectfully pectf ly sul ubmh.
As you see at the upper right of proposed plan,ten trees are drawn near the wetland
at upper right(NE) comer. Because our two properties are adjacent,we have two
concerns:
1)That ten medium-height EVERGREEN trees line the proposed street to:
a.Shield our sliding glass doors from year-round lights of traffic; and
b. Provide some degree of year-round privacy in the use of our backyards.
2) Thatthe healthy stand of wild BLACKBERRIES under the overgrown willow from property on the north at this
comer be removed at the outset We have seen their takeover of Chautauqua Trace wetlands, and homeowners
are put to considerable expense for removal.
Thank you for your consideration_ We anticipate meeting with the Planning Commission on the 12th.
Sincerely,
Jeanene O'Brien
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7
Sunday, November 03,2002 CompuServe: Jjobgrps
Comments of Jeffrey Harpain re: Planning Action 2001-117, 250 Clay Street
DATE: November 19,2002
FROM: Jeffrey Harpain,2300 Abbott Avenue,Ashland OR 97520, 541201-0643
TO: Ashland Planning Commission, 20 E. Main Street,Ashland, OR 97520
PLANNING ACTION: 2001-117
APPLICANT: Russ Dale
PROPERTY: Approximately 5-acre parcel located at 250 Clay Street
PROJECT TITLE: East Village
REQUEST: Deny Outline Plan and Site Review Approval; Deny Annexation; Deny
Comprehensive Plan Map Amendment; Deny Zone Change from Jackson County zoning
F-5 to City of Ashland zoning R-1-3.5P for the approximately 5-acre parcel located at
250 Clay Street known as East Village.
I. Introduction
This letter is intended to enter the public record in opposition to the proposed plan for
wetland preservation and proposed extension of Abbott Avenue associated with East
Village. This letter disputes the Staff Report conclusions that adequate transportation
exists or can be provided and that the wetland environment will be enhanced with storm
water runoff and overflow.
1I. Background
I have standing as a private party who owns and occupies the immediately adjacent land and
townhouse next to East Village at the terminus of Abbott Ave. My property and townhouse
has 180-degree exposure to the proposed development. I also have standing as one who gave
public testimony at the Planning Commission meeting on November 12, 2002.
Since taking possession of my property on September 28, 2002, I have never been
notified of any meetings by any City of Ashland entity. To this day, I still have received
no materials or contact from the City other than through my attendance at the November
12 meeting. The Commission on November 12 denied my request for a continuance.
III. Requests
1) I request that the Planning Commission deny the Outline Plan and Site Review;
Deny Annexation; Deny the Comprehensive Plan Map Amendment; Deny Zone
Change from Jackson County zoning F-5 to City of Ashland zoning R-1-3.5P for
the approximately 5-acre parcel located at 250 Clay Street known as East Village.
2) I request that as a party of standing, that I am notified in advance of all further
meetings or actions on this property including any application for approval of
Final Plan and any action regarding this letter.
3) I request that this letter is entered into the public record in opposition to the
proposed plan for wetland preservation and the proposed extension of Abbott
Avenue into East Village.
Jeffrey Harpain Public Comments re:Planning Action 2001-117"East Village" g 11/19/02 page Iof4
4) If the above requests for denial are not met, I hereby request that the Planning
Commission attach the following conditions to the Outline Plan and Site Review
and Request for Annexation:
a. Closure of Abbott Avenue to all non-emergency vehicle traffic from the
current terminus west of 2300 Abbott Avenue to the western border of the
wetlands area(pedestrian and bicycle traffic would be allowed). Or, at
minimum, installation of sufficient traffic calming measures as recommended
in Jennifer Longshore's October 14, 2002 letter to the Planning Department.
b. Construction of a bridge for Abbott Avenue to cross over the wetlands
located upon the eastern portion of the site.
c. Elimination of polluted run-off from the project into the wetlands located
upon the eastern portion of the site and preservation of these areas as
wetlands, not as ponds for processing runoff water.
d. Further study completed and furnished to the public by the Traffic Safety
Commission regarding the impact to public safety from East Village and
future development of adjoining lands on the following areas:
i. The Tolman Creek Park driveway.
ii. All streets within Chataqua Trace including Abbott Avenue from
Tolman Creek Road to its current western terminus.
iii. Clay Street including the intersection with East Main south to
include the intersection with Ashland Road.
iv. Walker School and associated pedestrian and bicycle routes.
e. Exclusion of property owners within Chataqua Trace, along Clay Street and
adjacent to the project from funding infrastructure or improvements associated
with East Village at any time.
f. Inclusion in East Village Covenants, Conditions and Restrictions
(CC&Rs) of limits on sales such that no less than 85% of all units are
owner-occupied at any time.
g. Installation and maintenance in accordance with the Ashland Tree
Commission's minimum requirements of large living trees 1 per 10 feet or
denser along the entire eastern length of the project adjacent to Tolman
Creek Park and Chataqua Trace forming an effective visual barrier.
IV. Discussion
My reasons for requesting denial of the East Village project are significant. Serious flaws
exist in the project plan such that the project is not in compliance with the Burden of
Proof in section 18.106.030 on page 10 of the Staff Report. Specifically, adequate access
for two-way traffic does not exist via Abbott Avenue and adequate planning for
incorporation of wetlands also does not exist. Further, the Staff Report fails to take into
account any measure of the decrease in quality of life as a result of the East Village
project for not only the adjacent landowners and residents of Chataqua Trace but also for
the residents in Tolman Creek Park.
I acknowledge the developer's willingness to work with me on planting trees. But Mr.
Dale can not stop the Abbott extension, my main objection to the project. Only the City
has the authority to protect the safety and quality of life of Chataqua Trace residents by
stopping the Abbott extension.
Jeffrey Harpain Public Comments re:Planning Action 2001-117"East Village' 416 11/19/02 page 2 of 4
Only after attending two neighborhood meetings have I reached the conclusion that the
project causes too great a reduction in the quality of life for the entire area. The informal
neighborhood group includes participants from Clay Street, Tolman Creek Park,
Chataqua Trace and other nearby residents and property owners. Only after listening to
the concerns of many affected parties have I reached the conclusion that denying the
project outright is the correct way to protect the quality of life in the area and do the best
thing for the City of Ashland. The negative impacts on safety and property values are too
great to compromise for a few trees outside my window. The quality of life afforded by
the wetlands and open space is simply too valuable to sacrifice for the 41 units of
questionable affordability.
As it is now, Chataqua Trace is seriously flawed. Adding East Village will only
compound the problems present in the area. The residents along Abbott Avenue can
handle no more traffic and adding more collection ponds to the area will only increase the
risks of West Nile Virus and other water quality issues.
The Planning Commission needs to own up to the fact that the width of Abbott Avenue is a
mistake. Abbott must not be"gridded through"to Clay simply because a line was drawn in
a previously untested traffic plan. On page 7 of the Staff Report, Clay Street is deemed
inadequate due to a width of only twenty feet. Abbott is only 20 feet wide and runs through
yards heavily populated with young children who use the street as a playground.
While the project layout may be consistent with the approval standards applicable to the
Outline Plan and Site Review, I contend that the standards themselves are flawed. The
concept of skinny streets does not work. Driving a minimum estimated 662 average day
trips (source: Hardey Engineering &Associates) from East Village through Chataqua
Trace via Abbott should not be in compliance with safety standards. It may look OK on
paper, but on any day when the narrow street is full of kids on skateboards and bikes, the
plan is seriously flawed. A number of options exist for closing or limiting non-emergency
vehicle traffic on Abbott ranging from flexible pole barriers to traffic circles. I urge the
Planning Commission to attach traffic calming or eliminating conditions to the project.
I urge the Planning Commission to request that the Traffic Safety Commission perform
traffic impact studies that evaluate traffic impacts when cars are parked on Abbott; when
children are using the street as a playground; and when children are waiting for the bus at
the corner of Abbott and Tolman. Again this morning I had to wait for children to clear
Abbott Avenue before proceeding into the intersection with Tolman Creek Road. The
developer's own consultants (commissioned and paid for by the applicant) working with
the City of Ashland agreed that any trips which left the project on Clay Street and
traveled to Tolman Creek would most likely opt to use the Abbott connection,this also
being true for inbound vehicles. Clearly the additional traffic from East Village
represents too great a risk to the safety of the children and other residents living in
Chataqua Trace and the project should be denied.
The wetland mitigation plan is also flawed and should be cause to deny the project.
Currently, we have a fully functioning wetlands ecosystem with geese and other waterfowl,
coyotes, owls, raptors and other bird and mammal life. Dumping parking lot runoff into this
ecosystem will not preserve the wetlands. Instead it will only channel all the oil, antifreeze
and lawn chemicals from East Village and concentrate it over time in a detention basin.
Jeffrey Harpain Public Comments re:Planning Action 2001-117"East Village" y 11/19/02 page 3 of
Conversely, if no drainage is allowed into the wetlands due to the entire area being paved,
then the wetlands will be harmed. The project does not provide adequate protection for the
wetlands and I urge the Planning Commission to deny the project.
Further questions remain on the viability of using the wetlands for flood runoff. The current
plan is to let excessive runoff overflow the collection ponds and run down Abbott Avenue
to drains located in front of my property. The project uses FEMA data from 1987 that
excludes flood data from 1997. The risks from a storm of the 1997 magnitude compounded
by the paved surfaces in East Village have not been adequately addressed. In addition, a
Section 401 water quality certification from the Oregon DEQ has not been issued for the
project. Failure to attain this certification would lead the Army Corp of Engineers to initiate
enforcement action. The project has not yet fulfilled its obligations for burden of proof that
significant natural features will be accommodated and should be denied.
One recommendation generated in neighborhood meetings is to request 85% owner-
occupancy requirements in East Village CC&Rs. Owner-occupancy requirements would
alleviate some of the noise, visual, and traffic impacts from East Village on the
surrounding areas and improve the quality of life in Ashland. City of Ashland support for
the project without owner-occupancy requirements will simply subsidize outside
investors. Subsidizing outside investors is not the purpose of the project put forward by
the developer and should not be the result of Planning Commission support for the
project. Without an 85%owner-occupancy requirement, I urge the Planning Commission
to deny the project.
Planning Commission Staff is already concerned with the proposed location and number
of on-street parking spaces as shown on the application's site plan. Page 10 of the Staff
Report reads that the plan could lead to an overly congested street system. Further, the
report states that many of the parking spaces do not comply with the City's standard for
queuing streets. Because of the significant visual impact of congested East Village streets
and parking areas combined with unsightly water detention pools within only a few feet
of adjoining properties, I urge the Planning Commission to require large tree plantings
along the entire eastern length of the project. Although the views to the west will be
ruined by the two-story structures, the trees may at least case the loss of property values
and quality of life caused by the East Village project.
V. Conclusion
Due to significant flaws in the Outline Plan and Site Review for East Village and sincere
objections from the local community, the City of Ashland Planning Commission should
deny the project.
Jeffrey Harpain Public Comments re:Planning Action 2001-117"Fart Village' A #0 11/19/02 page 4 of
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Pete & Dorothy
From: "Pete &Dorothy"<petesot@charter.net>
To: <sue @ashland.or.us>
Sent: Tuesday, November 19, 200212:52 PM
Subject: Planning Action:2001-117
Please present this message today to the Ashland Planning Commission.Thank you-
1 am Delbert Peterson and my wife Dorothy and I live in Tolman Creek Park at 215 Tolman Creek Rd.#13.We
have reservations about the 41 unit complex being proposed by Russ Dale at 250 Clay St.
The Chataqua Trace development at Past Main and Tolman Creek Rd. has already Impacted our lives by :
blocking our views of the Grizzly Peak area : by causing a major load of extra traffic onto Tolman Creek Rd.which
makes lt very dangerous for us to enter and exit our Park : and we have been subjected to several instances of
theft and harassments by a few of the residents of Chataqua Trace who are not"owner tenants but are renters".
If Russ Dale is allowed to go ahead with this project as proposed, I would request that the Planning Commission
consider the following:
He wants six units on the east corner which,if they are allowed as two story units,will completely destroy the
views of units#11,# 12 and#13 In our Park.Mrs. Munson in# 11 will be surrounded by townhouses on the
West as well as the North.This Is not fair to her and certainly would depreciate the value of her property.An
alternative would be to only allow single story structures in this particular area.
I would hale to see these units bulk and then have a repeat of the situation at Chataqua where many of them
have been"rented"to types who are nolsy and who party often. Also,slot of them park out on Tolman Creek Rd.
because there Is Inadequate parking space in Chataqua.
On pages#5 and#7 of Mr.Dale's request dated Nov. 12,2002 there is reference to using the bicycle lane on
the West side of Tolman Creek Rd. There Is"not" a bicycle lane on Tolman Creek Rd, below the YMCA so I
wonder if there will"finally"be bicycle lanes added to Tolman Creek Rd,
if this project Is okayed? I've tried to promote this since Chataqua was built and have had several
correspondences with Jim Olsen on the subject.
Thank you for your consideration. Sincerely, Delbert ( Pete)Peterson.
From: c—dunkerley@yahoo.com
To: <nue@aoh|und.orua»
Date: 11/19/0212:35PWY
Subject: Clay Street Deva|opnnent-
Dear Ms. Yates,
| own 2 properties aKCha&auqua Trace which will both
be affected hv the proposed Clay Street development:
2304 Abbott Ave.
155 Brooks Ln.
My wife and | plan to retire and live inChautauqua
Trace and our greatest concern io the adverse impact
this new development could have nn traffic through the
neighborhood if sufficient controls are not included
in the plan. Ao you know, our streets in the complex
are very narrow and cannot accommodate the additional
traffic sure to result from uninhibited or
uncontrolled access by all the new residents ofthe
proposed development. Such an increase intraffic
would seriously disrupt the peace and safety nfour
street and neighborhood.
| realize that your job and that uf the planning
commissioners inadiffiuu|t one.Your serious
consideration of this problem would begreatly
appreciated.
CroigDunkedey
14O Spyglass Hill Rd
San Jose, CA95127
800-498'3865
Do you YahooP
Yahoo! Web Hosting -Let the expert host your site
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Need for a MasterPlanForLowerClayCreekArea.doc NOY 19 ZAUZ
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Opposition to the 250 Clay St– Russ Dale- Hi-density Housing Project. /�-
The 2001-117 –250 Clay St - Russ Dale proposal is meeting community objections because the
comprehensive plan for the area does not include a Master Plan. I would wave my objections to the
Clay St Russ Dale project development if the City of Ashland undertook a Master Plane for the area. A
Master Plan would let everyone know what a piece of property is slated to become when it is annexed
into the city. The boundaries, for the area to be Master Planned, are Walker Street and Tolman, from
East Main to Ashland Blvd and the S &P railroad tracks. The expectation that this area will be
developed, because it is inside the Urban Growth Boundary,is counterbalanced by the lack of coherent
vision for the area, and the reluctance of key property owners to become annexed into Ashland City.
The purpose of a Master Plan is to develop the area with consideration for more than the infrastructure
of the comprehensive plan such as Utility, Storm, Water, Waterlines, Electricity, and Fiber Net. A
Master Plan includes the Quality of Life issues, like open space, pedestrian access, traffic, and wetland
preservation. Adequate street access for Hi-density housing would be addressed by a Master Plan.
A Master Plan would accommodate the two wetlands and the two class two streams, Hamilton, and Clay
Creek, in this area as indicated by Oregon State Lands. The development of the Hi-density housing and
urban land use would be considered by a Master Plan, to assure the uses next to these streams balances
the riparian viability with the hi-concentrations of people and pets, while providing a plan for flood
control
If a Master Plan were in place it would have addressed the street grid problem, which has become
evident in the conflict regarding the extension of Abbot Street. The Abbot street traffic flow is an
example of how the lack of comprehensive planning will create a street safety problem. Additionally
the area to be Master Planed contains three county roads, Tolman, Clay St, East Main. The Master Plan
would propose projected carrying.capacity of these streets with Hi-density housing. County Roads need
to be annexed into the city, so they can be developed before anymore Hi-density projects are completed.
A Master Plan is needed so the street grid will accommodate the Hi-density housing proposed.
A.Master Plan would include consideration of amenities for Hi Density Housing. The Hi-density
housing projects include no common facilities for residence. A Master Plan would consider access to
the YMCA, the SOU sports facilities, and the Middle School as community meeting facilities for the
area. The area has an abundance of Tax-exempt facilities. (Churches) These facilities cannot be counted
on to proved the open space for the area. The Churches are not available to the Hi-density residents as
open space, for recreation, or for community gatherings. The Churches are fencing their open space. As
the open spaces are cordoned off, blockaded behind visual barrier fences, to protect the County
residence from the Hi-density housing residents, the Hi-density housing is isolated like a ghetto.
Currently, New buyers of Hi-density properties are being misled regarding land usage. The property is
represented as open space when it has no such designation. Open Space is fenced off behind a visual
barrier fence (Calvary Baptist Church and Creek Dr for example), closing off the view for new and
recent buyers. Because this area is inside the Urban Growth Boundary it is expected that all of this area
will become Hi-density development. And new buyers are not made aware of that prospect.
A Master Plan of the area is more important than the approval of the Clay St Russ Dale project. The
current affordable housing being competed in the Meadow Brook Park Estates makes it very clear the
AO Black Page 1 of 3 '73 11/19/02
Need for a MasterPlanForLowerClayCreekArea.doc
that the city is accommodating the development of housing for rentals, while the local service class for
whom those units are intended, are priced out of the housing by non owner occupied buyers.
The concern is , that this is a developer driven vision for Ashland and though financially expedient may
not serve the vision of Ashland residents. Russ Dale has three concurrent projects in Ashland, the North
Mountain project, with Market Rate Single family homes, and the Clay St project with Affordable
housing. The pressure to bring these three projects on lined simultaneously should not obscure the
impact of the Clay Street project on the Lower Clay Creek Neighbored area, for both livability and
affordability.
Russ Dale contends that the 250 Clay St project will create much needed affordable housing.
There are two types of affordable housing. The low-income (priced for 80 percent of the median
income.), and the other affordable hosing, targeted for individuals at median income. The Ashland
professionals that are employees of the Schools, SOU, ASF, and the Hospitals are the candidates for the
Middle Income Affordable housing. Both Middle Income Affordable and Low Income Affordable
housing are to be served by the 250 Clay St Russ Dale project.
The 250 Clay St Russ Dale project is slated to provide Low-Income Affordable (LIA) housing. The
developer is being compensated with a bonus. Everyone is aware that Ashland's previous attempts to
provide for Low-Income Affordable housing were not successful. The units did not remain in that
designation and Low-Income units were, after several years, sold at market rate. The Ashland Meadow
project of 18 units had one low-income unit in 1990. Within 10 years, it was sold at Market price,,and
no longer has low-income status. We commend the 250 Clay St Russ Dale project for arraigning with
Access for the purchase of 6 units so that they will remain under Access sponsorship and remain low-
income housing in perpetuity.
Affordable housing has been brought on line in the Lower Clay Creek Neighbor hood. And is an object
lesson in the destiny of Moderate-Income Affordable housing. The three Hi-density developments that
have been completed in the area are Ashland Meadows, Briarwood, and Chautauqua Trace. Rather than
providing affordable units for moderate-income buyers they have become expensive rentals. Ashland
Meadows is 25 percent non-owner occupied rentals. Meadow Brook Park Estates is under construction
but 30 percent is non-owner occupied, and are rentals. Those units have not all been sold. Chautauqua
Trace has 89 units, of which 40% are non-owner occupied, and are rental units. Briarwood has 24 units
and also has rentals. The most stable hi occupancy development in the area are the Mobile Home parks,
which are owner occupied.
The properties turned into rentals are expensive as rentals since the owner rents the unit for the cost of
the mortgage payments. The entry-level 1300 Sq ft homes under construction in Meadow Brook Park
Estates have increased in price by 30 percent in the past year. The selling price for the entry level home
was $149K in July of 2001 and by July of 2002 the price increased to $210K. It is our contention that
the affordable housing currently under construction is being purchased for rentals. And the completion
by non-owner occupiers for the affordable units is driving up the price. If the Clay St Russ Dale
development is, as he contends, for entry level affordable housing, then requiring owner occupancy
would preserve the affordable units for the working professional of Ashland. And prevent this important
housing stock from becoming non-owner occupied. It would assure the affordable units are for locals
and eliminate out-of-city and out-of-state owners.
AO Black Page 2 of 3 11/19/02
77
• Need for a MasterPlanForLowerClayCreekArea.doc
If the 250 Clay St project stipulates in the Covenants Conditions and Restrictions (CC&R's) that the
units must be owner occupied it would assure us of the sincerity of Russ Dale's intention to provide
Affordable housing for Ashland middle income working professionals, and I would with draw my
objections to this project.
A Master Plan of the area is more important than the approval of the Clay St Russ Dale project. The
community opposition to the project originates from a concern that the project, though worthy is pre-
ordaining a Hi-density development with out consideration for the areas livability. The City Of Ashland
can ill afford to make a mistake with the only remaining area of expansion for housing. It is unwise to
continue the piecemeal development the area. A Master Plan of the entire area is essential to
accommodate the future of this area. If the Clay St Russ Dale project is not stipulated as owner
occupied, I would rather wait two years for the development of a Master Plan to be sure this Ashland
Expansion is livable unto the 7i6 generation.
Annice Black
2110 Creek Dr
Ashland Or 97520
541-482-3401
annice @aoblack.com
AO Black Page 3 of 3 �� 11/19/02
NOV-19-2002 11 :56 AM MICHAEL MISH 541 482 6578 P. 01
Mi�l;�el Mill,
po1m3477 • aslland o 97520 • 541-482-6578 800-541-7603
w .mishmaslimusic.com • mmisb@mishmaslsmusic.com
November 19, 2002
To: City Planner, Bill Molnar; and to Planning Commission Members —Alex
Amarotico, Russ Chapman, Marilyn Briggs, John Fields, Mike Gardiner, Colin
Swales, Kerry KenCairn, Ray Kistler, Mike Morris, and Council Liaison Chris
Hearn
RE: Planning Action: 2001-1171 Proposal City of Ashland R-1-3.5P
Project Title: East Village
I am a resident at 145 Brooks Lane in Chautauqua Trace.
Prior to the Planning Commission's meeting on November 12th of this year
addressing the proposed building site, my singular concern was traffic mitigation
on Abbott. Since attending that meeting however, several other issues, briefly
outlined here, have been brought to my attention.
Width of Abbott
Rare has been the morning or afternoon where there has not been at least one
car parked on Abbott which not only critically obscures visibility, but makes for
hazardous 2-way traffic on this 20' wide street. Add to that, cars are often parked
two-deep in their small driveways on Abbott spilling over onto the sidewalk which
further exacerbates poor visibility. At least in this observer's opinion, the
originally intended traffic calming using skinny streets has more realistically
become a traffic hazard on Abbott. Abbott really feels like a miscalculation to
me. To further impact Abbott with the proposed East Village traffic, as well as
opening it up to being a throughway between Clay and Tolman just seems like a
traffic and safety hazard.
What I'd like to see:
1. Change Abbott to a one-way street with its entrance at Tolman Creek
remaining one-way to Clay Street.
2. Install speed bumps to reduce the likelihood of Abbott becoming a Tolman
Creek to Clay Street throughway.
Wetland Area
If a containment pond should go into this wetland, how will mosquito
contamination and their larvae be treated, if not by spraying, if this is an
environmental sensitive area? The proposal's drawings that I've looked at would
suggest that a pond would be no more than a few feet deep obviating the use of
fish to eat the larvae and, thus, necessitating the use of Vector sprays.
What I'd like to see:
/4
. NOV-19-2002 11 :57 AM MICHAEL MIBH 541 482 6578 P. 02
1. If a containment pond is used, the CC & R's need to reflect the
responsible care and treatment of the pond.
2. The construction documents for the wetland mitigation need to clearly
reflect those recommendations of the Northwest Biological Consulting
Report and I would like to be notified of that compliance.
Affordable Housing
While I was grateful to have found affordable housing in Ashland, so were many
investors. Because of that, it's been estimated that 40% of the current residents
here in Chautauqua Trace are renters and this adds up to not enough available
parking in the evenings and greater occupant density. Where, then, does the
philanthropic notion of providing affordable housing really, truly benefit those low-
income families.
What I'd like to see:
1. Provide that the CC & R's clearly require 85% live-in homeowners
77
Susan yates_proposed Clay_St. Development
From: Mary Rolih <mamamary@connpoint.net>
To: <sue @ashland.or.us>
Date: 11/19/02 11:18AM
Subject: proposed Clay St. Development
Greetings Susan,
We are Mary Rolih and Chris DeSmit, 2290 E Main, Ashland, 488-2138. Our 2
acre parcel is sandwiched between Chataqua Trace and Bonnie Shaffer's
pasture. Our southern border extends along one end of the five acre site,
near Abbot St. Our concerns are similar to Bonnie's, as she expressed them
at last weeks' meeting-our irrigation supply, fencing to prevent intrusion
into our property, and condition of the wetland. We are especially
interested in how drainage will occur, since part of Russ Dale's wetland
extends into wetland on our property. One Chataqua neighbor, whose backyard
looks on to the corner where the properties meet, near a willow tree on our
land, observes a perpetual puddle or small pond in that lowlying are, which
extends most of the way down the boundary between our property and Chataqua
Trace. We are wondering what drainage will be like after the development
goes in the way it's planned now. Please feel free to come take a look, if
you need to.
Thank you for the opportunity to express our interest and concern about this
proposed development, and thank you for the time and interest you give to
making this a liveable, sustainable community for all.
Chris DeSmit
Mary Rolih
79
BEFORE THE CITY OF ASHLAND
STATE OF OREGON
A CONSOLIDATED APPLICATION )
SEPTEMBER18, 2002
FOR THE ANNEXATION, ZONING, ) (REVISED)
OUTLINE PLAN AND SITE PLAN )
APPROVAL FOR PROPERTY )
LOCATED ON CLAY STREET, SOUTH) FINDINGS OF FACT
AND
OF E. MAIN STREET AND MORE ) CONCLUSIONS OF LAW
PRECISELY DESCRIBED AS )
ASSESSOR'S MAP # 39-1E-11CB, )
TAX LOT 1000. RUSSELL E. DALE )
APPLICANT. 1
I. RECITALS:
Project Identification: East Village, a planned development
Property Owners: Katherine Mc Murtrey &
Lester Zimmerlee
848 Glendale Ave.
Ashland, OR 97520
Applicant/Developer Russell E. Dale
585 Allison Street
Ashland, OR 97520
Land Use Consultant: The Richard Stevens Company, L LC
P.O. Box 4368
Medford, OR 97501
1
'7 9
(-, C
Landscape Architect: John Galbraith
815 E. Jackson Street
Medford, OR 97504
Builder: Morgan Pacific
1283 Gardner Way
Medford, OR 97504
Structural Design Creative Home Design
(Derren Lecomte)
1744 E. McAndrews Road #B
Medford, OR 97504
Surveyor: Friar and Associates
(Jim Hibbs)
816 W. 8th Street
Medford, OR 97501
Attorney: Jack Davis
515 E. Main Street
Ashland, OR 97520
Engineering: Kas &Associates, Inc.
304 S. Holly
Medford, OR 97501
Traffic Engineer: Hardey Engineering &Associates, Inc.
1600 Skypark Drive
Medford, OR 97504
Wetlands Consultant Scott English
Northwest Biological
234 Terrace Street
Ashland, Or 97520
Social Sponsor: Access &Ashland Land Trust
3630 Aviation Way
Medford, OR 97504
Legal Description: 39-1 E-11 CB, tax lot 1000
Parcel Size: 4.917 acres
Wetland .314 acres
2
8d
f C_
Existing Zoning F-5 (Farm Five, Jackson County)
Comp. Plan Designation: Suburban Residential
Proposed Zoning: R-1-3.5 (Suburban Residential)
11. INTRODUCTION:
This matter comes before the City of Ashland at the request of the applicant, Russell E.
Dale. The application is presented as a consolidated request that the property be:
1. Annexed to the City of Ashland and be rezoned from F-5 (County zone) to R-
1-3.5 (Suburban Residential);
2. Site Review approval;
3. Outline Plan approval
These Findings of Fact will be presented in the order listed above and demonstrate that the
application is consistent with the requirements of the City of Ashland and state law.
III. CRITERIA:
There are three land use applications to be reviewed concurrently before the City of
Ashland, as delineated above. Redundancy may result from reviewing three land use
permits as a consolidated application.
1. ANNEXATION:
Criteria for the annexation of property into the City of Ashland are subject to; Chapter
18.106, Ashland Municipal Code. Section .030 lists the specific applicable standards for
annexation, which are:
°A. That the land is within the City's Urban Growth Boundary.
B. The proposed zoning for the annexed area is in conformance with the designation
indicated on the Comprehensive Plan Map, and the project, if proposed concurrently
with the annexation, is an allowed use within the proposed zoning.
C. That the land is currently contiguous with the present City limits.
D. Adequate City facilities for the provision of water to the site as determined by the
Public Works Department, the transport of sewage from the site to the waste water
treatment plant as determined by the Public Works Department, the provision of
electricity to the site as determined by the Electric Department,- urban storm drainage
as determined by the Public Works Department can and will be provided to and
3
Q/
through the subject property. Unless the City has declared a moratorium based upon
a shortage of water, sewer, or electricity, it is recognized that adequate capacity
exists system-wide for these facilities.
E. Adequate transportation can and will be provided to and through the subject
property. For the purposes of this section °adequate transportation"for annexation
consists of vehicular, bicycle, pedestrian and transit transportation...
F. For all residential annexation, a plan shall be provided demonstration that the
development of the entire property will ultimately occur at a minimum density of 90%
of the base density for the zone,...
G. For all residential annexations of four units or greater
1. 25% of the proposed units shall be affordable and available
to qualifying buyers or renters with incomes at or below 100%
of median income, or
2. 15% of the proposed units shall be affordable and available
to qualifying buyers or renter with incomes at or below 80% of
median income.
Properties providing affordable units as part of the annexation process shall also
qualify for a density bonus for development under the Performance Standards
Option for subdivisions.
H. One or more of the following standards are met:
1. The proposed area for annexation is to be residentially
zoned, and there is less than a five-year supply of vacant
and redevelopable land in the proposed land use
classification within the current city limits...
Discussion:
In addition to the above listed criteria for annexation, Section 18.106.050, AMC, requires
that an application for annexation identify the procedure provided in ORS Chapter 222 to
be utilized by the City. ORS Chapter 222 provides a series of procedures for the annexation
of property to cities. For the application before the City of Ashland, ORS 222.125 is the
procedure applicable.
"The legislative body of a city need not call or hold an election in the city or
in any contiguous territory proposed to be annexed or hold the hearing
otherwise required under ORS 222.120 when all of the owners of land in that
4
8�
territory and not less than 50 percent of electors, if any, residing in the
territory consent in writing to the annexation of the land and file a statement
of their consent with the legislative body. Upon receiving written consent
under this section, the legislative body of the city, by resolution or ordinance,
may set the final boundaries of the area to be annexed by a legal description
and proclaim the annexation.
The application for annexation meets the standards set forth in ORS 222.125 as the
annexation request has been signed by 100% of the property owners and there are no
electors residing on the property. The requirements of state law have been satisfied.
Examination of the criteria for annexation. found in Section 18.106.030, AMC, it is
demonstrated that the requirements of the City of Ashland have been satisfied. The
following facts will lead to the conclusion that the requirements of Section 18.106.030,
Ashland Municipal Code (AMC) have been satisfied.
CONCLUSION:
The proper procedure for the City of Ashland is found in ORS 222.125 as
quoted above.
Section 18.106.030(A).
The property is within the Urban Growth Boundary of the City of Ashland. This fact is
verified by examination of the Comprehensive Plan Map for the City which is referenced
herein and made a part of the record of these proceedings. The property has been identified
as "urbanizable land" and is available for annexation.
CONCLUSION:
Based on the above discussion supported by the Comprehensive Plan Map,
it is concluded that the application for annexation satisfies Section
18.106.030(A), AMC.
Section 18.106.030(B).
The proposed zoning R-1-3.5 Suburban Residential is consistent with the Ashland
Comprehensive plan. The development project meets the requirements for development
as provided in the Land Use Ordnance of the City of Ashland.
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CONCLUSION:
The proposed zoning of R-1-3.5 is consistent with the City of Ashland
Comprehensive Plan Map.
Section 18.106.030(C).
The subject property is contiguous with the existing City limits. The site abuts the City along
the eastern boundary and also a portion of the western boundary. This fact is verified by the
Zoning Map of the City of Ashland which is hereby referenced and made a part of the
record.
CONCLUSION:
It is concluded that the subject property is contiguous with the City Limits of
Ashland, satisfying Section 18.106.030(C), AMC.
Section 18.106.030(D).
Subsection D requires a review that the project can be and will be supplied with adequate
public facilities which include:
1. Water,
2. Sewer;
3. Electricity;
4. Urban storm drainage;
Water.
Water service is provided by the Ashland Public Works Department. Water lines were
stubbed in at the extension of Abbott street when Chautauqua Trace was constructed and
will provide a looped system in the area. Based on the pre-application response adequate
water service is available to serve the proposed project. Additional water supply has been
assured by the City of Ashland by participating in the extension of the Talent water main.
Water service will be designed and constructed to City of Ashland standards.
CONCLUSION:
Adequate water supply is available to serve East Village. Water lines are adjacent
to the site and can be extended to serve the water demands for the project.
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Sanitary Sewer.
Sanitary sewer service is provided by the City of Ashland. Sewer lines are located adjacent
to the property and can be extended to serve East Village. The trunk line capacity is
adequate to serve the sewage demands of the proposed project.
Sewage treatment capacity exists within the Ashland Waste Water Treatment Plant. Recent
upgrades of the treatment facility assures that adequate capacity to treat waste water exists
and maintain water quality discharge permits for the City.
Sanitary sewer facilities will be constructed to City of Ashland standards.
CONCLUSION:
Adequate collection and water treatment capacity exists to serve the sewage
demands generated by East Village. Extension existing serve lines will
provide sewer service to East Village.
Electricity.
Electricity will be provided by the City of Ashland Electric Utility Department. Adequate
electrical energy is available to serve the demands of East Village. Electrical service is
available in the area and service can be extended to the property.
Electrical service extensions will be constructed to City of Ashland standards.
CONCLUSION:
Adequate electrical energy exists to serve the demand created by East
Village. Electrical service can be extended to serve the site.
Storm Drain.
Storm drainage has been designed by the collaboration of John Galbraith (Landscape
Architect), KAS and Associates, Inc (Civil Engineers) Scott English (Wetlands Consultant),
with the assistance, oversight and review from the Division of State Lands and the Army
Corps of Engineers and will be constructed consistent with the City of Ashland standards.
Storm drainage will be collected in an underground system, discharged and filtered through
a new settling pond that will be constructed at the lower end of the mitigated wetland (near
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the Abbott Street entrance of Chautauqua Trace prior to discharge into the Bear Creek
drainage system. (See wetlands site plan) The settling pond will be constructed with a
series of retention stops that will slowly release water throw a 16 inch perforated pipe that
leads to the two settling ponds at the lower East Main entrance of Chautauqua Trace. The
16" line was installed in anticipation of this project. In the event of a torrential downpour,
overflow will be diverted to the storm sewer system that was also designed and installed
in Abbott Street.
A wetlands delineation study was completed and a mitigation plan approved by the Division
of State Lands and Army Corp. of Engineers. The collaboration of consultants decided to
minimize the impact to the wetlands by leaving most of the original wetlands undisturbed.
The only intrusion is necessitated by two road crossings, one to serve the high ground set
aside for the six unit rental complex and one for the extension of Abbott Street. The total
existing wetland is 13,688 sq.ft. or .314ac. The two road crossings only impact 3,840 sq.ft.
or .087ac. of the wetland. The required mitigation ratio of one and one/half to one would
be 5,760 sq.ft. and the project proposes to add 6,297 sq.ft. or .144ac. or a 1.63% increase.
The existing and proposed expansion of the wetland should become an attractive aesthetic
consideration and soften the normal hardscape of a contemporary subdivision. Because
the wetland area is frequently dry and the new retention pond will be shallow, there should
not be any need for fencing.
Engineering calculations concerning storm water discharge will be submitted to the Public
Works Department prior to final plan approval. Storm drain systems will be constructed to
City of Ashland standards.
CONCLUSION:
Adequate storm sewer capacity exists to serve the project. The design of the
wetland mitigation area is consistent with the requirements of the Division of
State Lands and the Department of the Army corps of Engineers. (See
attached approvals). The new pond area and expanded extension of the
wetlands provides retention of storm water. It is concluded that the project
has adequate storm drainage capacity to serve the project and that the
design of the project will satisfy the standards of the City of Ashland.
18.106.030(E).
Vehicle Transportation.
Paved vehicular access is provided to and will be extended through the project. The site
fronts on Clay Street, an identified collector street within the City of Ashland. Clay Street
frontage will be improved as recommended by the Ashland Engineering Department (see
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Ashland Engineering Department comments from the Pre-application review). The Clay
Street frontage will be provided with a minimum of 20 feet of paved access with the half
street improvement standard. Storm drain, curbs, gutters and sidewalks will be installed
along the project frontage of Clay Street and on to the intersection of Clay and East Main.
The applicant requests system development charges credit for all off site improvements.
Interconnectivity of the internal street system for East Village will be constructed to City of
Ashland public residential street standards. A typical cross section with 28 foot paved
vehicular access has been included in the attached materials to these Findings. Two
access points were recommended by the traffic engineer for Clay Street, a collector street
and the design includes a connection to Abbott providing connectivity. Connectivity is
encouraged by the City of Ashland Comprehensive Plan, Street System Goal 6.
A traffic analysis has been prepared and submitted to the City of Ashland, which
demonstrates that transportation facilities (streets) are adequate to accommodate the
proposed use. Referenced is hereby made to the traffic analysis and is made a part of the
record of these proceedings. To help put the additional traffic impact into perspective if 41
units generate 10 vehicle trips per day, and 410 trips are equally distributed over the five
exits from the site and only a 12 hour day is considered, only one vehicle would pass
through each exit every 9 minutes.
This site plan has been submitted to Jackson County Roads and Planning Services for
review and comment. Their letter dated September 27, 2001 concurs with the site plan.
During the conversations with Mr. Niemeyer of the Traffic& Development Section a balance
was discussed between the desirability of slowing traffic down for the livability
considerations for both East Village and Chautauqua Trace residents vs. the traditional
vehicular orientated goal of designing streets in straight lines that are oriented towards
moving large volumes of traffic at higher speeds. The site plan as submitted mitigates and
balances the need for vehicular and large equipment movement with neighborhood livability,
by providing two entrances on to Clay Street sufficiently far apart from Creek Drive to allow
for vehicles to come to a stop and enter the line of traffic without a direct interface with
opposing traffic. The street interior of East Village was designed to enable vehicles to be
dispersed over several avenues of access and Abbott was narrowed down to slow vehicles
down before entering Chautauqua Trace and still allow interconnectivity and accessibility.
In response to the concern voiced by the neighbors as to whether the traffic study took into
consideration the additional demands of existing or other ongoing projects in the area,
please direct them to the inclosed volume titled TRANSPORTATION IMPACT STUDY for
the old dairy development annexation that concludes that the existing street system will not
be significantly impacted by the proposed project. As for the question pertaining to times
of the traffic count, the traffic engineer has specifically complied with the perimeters of a
defined prescriptive traffic study that specifies the times that are to be used.
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Vehicle Parking
Vehicle parking is required as per the following; 18.88.060 at least one on street parking
space per unit shall be provided...consequently 41 units = 41 parking spaces plus;
18.92.020 (A.2.c.) 1.75 off street parking parking spaces are required for each two bedroom
unit.... consequently 41 units x 1.75 = 72; less the credit as prescribed in 18.92.025. The
amount of off street parking required shall be reduced by the following credit provided for
on-street parking; one off street parking space credit for every two on-street parking spaces
up to four credits, thereafter one space credit for each on-street parking space. The site
plan provides for 83 on-street parking spaces.
In summary the parking requirement is;
On Street one space per dwelling unit = 41
Off Street 1.75 per 2 bedrm unit = 72
Total required 113
As provided on the Site Plan;
On Street 83 (42 over required)
Off Street 46 (26 less than req'd)
Total provided 129
The actual parking provided is as follows; One parking space in each garage of the 35
single family attached dwelling units, eleven off street parking spaces (6 units x 1.75) for
the affordable rental units, and eighty-three on street parking spaces and one parking space
in each of the thirty-five driveways which apparently can not be counted but tend to be used
by the home owners.
In summary the parking provided is as follows;
Attached single family garages 35
Attached single family driveways 35
Affordable rental off-street spaces 11
On-street parking 83
Total 164
Less not counted driveways (35)
Total legal parking spaces 129
As a matter of perspective 164 usable parking spaces equals 4 per dwelling unit and 129
legal parking spaces equals 3.16 acknowledged parking spaces per dwelling unit.
In comparison, at Chautauqua Trace there were 89 dwelling units and 92 garaged parking
spaces, 92 not counted driveway-parking spaces and 53 on-street parking spaces for a
usable total of 237 or 2.66 per dwelling unit and 145 legal parking spaces or 1.63
acknowledged parking spaces per dwelling unit. At Chautauqua Trace we were required
to build four (4) bedroom units for larger families. What we discovered was that although
there are larger families in Ashland that need the four-bedroom units, we could not get any
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of them qualified for financing because of the income vs. family unit size ratios required by
lending institutions. The lender that provided the construction financing would not allow us
to continue the project until most standing inventory was in escrow, consequently the four
bedroom units were sold to investors as rentals who found that four college students could
pay more in rent which resulted in as many as seven or eight vehicles using up the parking
each night near those units. However, for the balance of the project, parking seems to be
consistent with demand.
In conclusion there is significantly more usable parking provided at East Village, 4 per
dwelling unit compared to 2.66 per dwelling unit at Chautauqua Trace and will more than
fulfill demand.
Bicycle Transportation.
Bicycle passage will be provided with-in the 28-foot paved roadways for East Village. The
likely destinations for bicycle travel are the commercial areas, shopping and restaurants,
along and Highway 66. Additionally, the YMCA center may be a destination for recreational
activities. The continuation of Abbott Street will provide safe bicycle access to both Clay
Street and Tolman Creek Road.
Pedestrian Transportation.
Pedestrian sidewalks will be provided adjacent to the streets concurrently with the
development of the site. A pedestrian corridor is located along the back of the homes facing
the two streets and serves to enhance pedestrian connections in addition to the sidewalks
adjacent to the streets. It is imperative that the interconnectivity by way of Abbott Street for
pedestrians remain open for accessibility to Albertson's, the YMCA and other consumer
services available in that area. Potentially an additional park may be developed in the area
as this area increases in density and pedestrian considerations will be in the forefront of
neighborhood planning.
Transit Transportation.
Public transportation is not currently available along Clay Street. However, when
Chautauqua Trace was built, we constructed a bus pull out, crossing and shelter at the end
of Abbott and across Tolman to serve the neighborhood. Residents will have access to the
bus stop via the sidewalks through Chautauqua Trace.
CONCLUSION:
It is concluded that the annexation and subsequent development of the
project will assure adequate paved access to and through the project.
Adequate street capacity exists to serve the proposed use and construction
standards will assure the street sections will meet City of Ashland public
street standards. The City also concludes that adequate bicycle and
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pedestrian facilities exists and being proposed to provide for safe access.
18.060.030(F).
The property consists of 4.917 acres to be zoned R-1-3.5 which provides for a base density
of 34.7 dwelling units. A review of the site plan attached demonstrates that the applicant is
proposing 41 dwelling units, with the bonus density standards applied. This application
meets the minimum 90% density standard.
CONCLUSION:
The City concludes that this annexation application for East Village meets
and exceeds the 90% minimum density for the R-1-3.5 zoning district, with
the bonus density standards applied.
18.106.030(G).
Fifteen (15%) of the proposed units (six units) shall be affordable and available to qualifying
renters with incomes at or below 80% of median income through a joint agreement with
Ashland Community Land Trust and ACCESS which will purchase, own and rent to
qualified occupants. These units will be at the South-East comer of the site, which is
located at.the most desirable area and is surrounded on two sides by the open-space
seasonal wet/dry lands. All units will be built to the same standards and will be
indistinguishable from the market rate units in terms of general style, workmanship and
quality of materials, except for the exclusion of the garages.
18.106.030(H).
One or more of the following standards must be met; 1) The proposed area for annexation
is to be residentially zoned, and there is less than a five-year supply of vacant and
redevelopable land in the proposed land use classification within the current city limits.
"Redevelopable land" means land zoned for residential use on which development has
already occurred but on which, due to present or expected market forces, there exists the
likelihood that existing development will be converted to more intensive residential uses
during the planning period. The five-year supply shall be determined from vacant and
redevelopable land inventories and by the methodology for land need projections from the
housing element of the comprehensive plan;
The Buildable Lands Inventory of the City of Ashland inventoried all land within the City
limits and those lands within the UGB, and delineated that there was a need for 13.35 acres
of HDR land needed for residential development and there was only 8.1 acres available
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within the Urban Growth Boundary. In summary there exists a deficit of—5.25 acres of HDR
land within the UGB and additional land was needed to fulfill the twenty-year supply.
The proposed area for annexation is to be residentially zoned, and there is less than a five-
year supply of vacant and redevelopable land in the proposed land use classification within
the current city limits. The five-year supply shall be determined from vacant and
redevelopable land inventories and by the methodology for land need projections from the
Housing Element of the Ashland Comprehensive Plan.
The 1998 Buildable Lands Inventory on table 2.3.1 (page 8) identified seven parcels totaling
12.51 acres as buildable and redevelopable within Ashland's City Limits. On table 2.3.3
(page 9) the same numbers are represented for all lots including "within the city limits and
Urban Growth Boundary". Since 1998 Chautauqua Trace has consumed more than 11
acres of that inventory.
The May 1999 City of Ashland zoning map delineates only four parcels zoned R-1-3.5. One
is currently occupied by the Shapiro Manufacture Home Park on Tolman Creek Road. The
second is the aforementioned Chautauqua Trace project that has been completed. The third
is the Clay Street Homes, which is currently being built out as higher priced up-scale
homes. The fourth parcel is a vacant lot consisting 1.71 acres located on Hersey Street.
This property will accommodate approximately 22 dwelling units, but has a steep grade and
of consequence will require more costly foundations, which will preclude those homes from
being "affordable".
The standard, as established by the Ashland Comprehensive Plan, is to assure that a five-
year supply of buildable land exists within the City for each type of development
contemplated based on zoning categories and historical absorption.
This stipulated methodology limits the applicant to justifying the demand based on historical
utilization, however, if the required land needed to meet the demand for affordable housing
is not identified and available inside the City limits without an annexation it becomes a
fruitless circular exercise. No identified available lands means no historical utilization.
To the applicants knowledge there have not been any annexations completed since the
Chautauqua Trace annexation and Chapter 18.106 Annexations was revised in January
of 1997 that implemented the approval criteria under G. "For all residential annexations of
four units or greater the applicant must allocate (1) 25% of the project to affordable buyers
or renters with incomes at or below 100% of median income or (2) 15% of the project
affordable to buyers or renters with incomes at or below 80% of median income."
It would seem that the ordinance has worked conversely with its intent because it in effect
creates a financial penalty or disincentive for developers to provide the entry level or below
median sales priced housing desired. If the intent of the ordnance was to promote infill on
existing lots inside the city limits, it was very successful. However, because of the cost of
those smaller in-fill lots, builders have had to provide the consumers with larger more
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expensive homes to recover the additional cost of land and hillside foundations.
There are numerous factors that have contributed to the disproportionate expense of
Ashland's housing, to include a),geographically we are located along the 1-5 corridor which
enhances our transportation and attractiveness to business, b) our climate is dryer than our
northern neighbors and it is cooler than most of California, c) the OSFestival and College
contribute to our economy and culture, d) our collaborative local governmental participation
has fostered a community pride that has manifested itself in design and site review
standards that have significantly enhanced the livability and attractiveness of our town, e)
we have a finite amount of buildable land due to the hillside slopes to the West, expanding
our Eastern urban growth boundary across the freeway would be a very bad planning action
and the freeway closes us in on the north and south, all of which limits supply and makes
Ashland homes in high demand.
In order for developers to significantly increase the supply of lower priced entry level
housing there are a FIVE critical components that must be available, 1) Level land, hillside
foundations and infrastructure adds to much to the costs. 2) Larger parcel, ideally five or
more acres that will enable the pre-construction soft-costs to be spread over more units,
volume material purchases and the ability to provide subcontractors enough steady worts
to give them the incentive to keep their bids competitive, 3) underutilized or un-occupied
land, where the land acquisition does not require the purchase (and demolition) of existing
income. 4) Experienced developers who have a track record of successfully completing
progressively more difficult projects and have earned the ability to obtain lower priced
financing. 5) Profitability, in order to obtain the financing for the infrastructure and hard
costs of construction, institutional lenders require that the pro-forma show a reasonable
profit margin that can absorb cost over-runs or slow sales, and still repay the loan.
Based on the Ashland Planning Staff revised information for the R-1-3.5 zoning district (see
up-dated Buildable Lands Inventory dated 10/23/01) and the applicants information, it has
been demonstrated that the only vacant parcel zone R-1-3.5 is on Hersey Street. This
represents approximately 22 dwelling units, which are not apt to be built as affordable
housing.
Over the last two years 102 dwelling units have been built within the R-1-3.5 zoning district.
The Ashland Planning Staff concludes that based on a 10-year historical absorption rate
a 5-year supply consists of 77 dwelling units. The current inventory consists of 22 dwelling
units, which results in deficiency or need for additional land to be annexed to provide 55
additional dwelling units. This application will provide for 41 additional dwelling units, which
still does not meet the 5-year supply.
The applicant contends that the demand for affordable housing is far greater that the
historical absorption rate. The supply has been artificially restrained due to the unavailability
of any level, higher density zoned land in sufficient size to produce housing with any
economy of scale. A second reason for underproduction of entry level or lower priced
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housing is due to the current annexation requirement for the 25/15% affordability which
serves as a significant disincentive for developers to go through the expensive and time
consuming annexation process. The current 25/15% affordability requirement works contra
to its intended goal by actually restricting supply by rendering projects not profitable enough
to be financable, unless a developer needs entry level lower profit margin homes to round
out product mix and can absorb or incorporate a less profitable project in with several larger
developments.
Based on the last four years absorption rate a five-year supply would result in a need for
128 housing units. When this number is applied, compared to the median household income
it becomes obvious that price and availability of land for annexation is the determining factor
in assessing need.
The revised information provided by Ashland Planning Staff supports the fact that there is
a deficiency of R-1-3.5 land available within the City of Ashland.
This annexation application before the City of Ashland will add 4.917 acres of R-1-3.5
zoning to the existing vacant 1.71 acres for a total of approximately 6.6 acres. This
represents 65 dwelling units for the R-1-3.5 zoning district, which is still below the 5-year
supply. The 128 dwelling units, identified by the applicant, may be a more accurate figure
when reviewing the past four-year absorption rate, to calculate the five-year minimum
supply.
CONCLUSION:
Based on the inventories identified by the applicant and Staff of R-1-3.5
buildable lands within the City of Ashland, it is concluded that there is a
deficiency of land to meet a five-year supply. The annexation of the subject
property will add 4.917acres to the inventory and the acreage will still remain
below the five-year supply of buildable lands.
CONCLUSARY FINDING
Based on the above discussion, attached evidence, and the entire
record, it is concluded that the application for annexation and a zone
change to R-1-3.5 satisfies the requirements of the City of Ashland and
state law. It is concluded that the annexation of the subject property
can be used for urban purposes, and is consistent with the
requirements of the Ashland Comprehensive Plan and the Land
Development Ordinance.
Therefore, the annexation and zoning of property identified as 39-1E-
11CB, Tax lot 1000 meets the requirements of Chapter 18.106, Ashland
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Municipal Code.
2. SITE DESIGN AND USE STANDARDS:
The criteria for a Site Design and Use Standards approval are in Section 18.72.070, AMC.
The review criteria are:
"A. All applicable City ordinances have been met by the proposed development.
B. All requirements if the Site Review Chapter have been or will be met.
C. 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."
Discussion:
18.72.070(A). The application has addressed all of the identified criteria, which has been
identified in the pre-application review. No other criteria has been identified as applicable
to the application. ORS 197.763 requires local jurisdictions to identify all applicable criteria
and the pre-application conference accomplished this requirement.
CONCLUSION:
All identified applicable ordinances for the consolidated application have been
identified in the pre-application process and the Findings of Fact have addressed the
applicable ordinances of the City of Ashland.
18.72.070(B). Chapter 18.72 contains the requirements for Site Design and Use
Standards. In addition, standards adopted by the City of Ashland as authorized in Section
18.72.080 are also applicable;
Section 18.72.060 contains the submission requirements for Site Design and Use
Standards review. These represent standards, which have been reflected on the site plans,
landscaping plans and other supporting documents for examination by the City of Ashland.
Section 18.72.090, Administrative Variance does not apply as no variances are requested.
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Section 18.72.110, Landscaping Standards have been met by the proposed East Village.
The Landscape Plan as submitted complies with the landscaping requirements for the R-1-
3.5 zone, to include larger canopied deciduous trees placed to shade parking hardscapes
as the trees mature.
Section 18.72.115, Recycling Requirements does not apply, as the property is an R-1-3.5
residential development.
Section 18.72.120, Controlled Access. The internal street access to each proposed tax lot
satisfies the access requirements of this section. Access to Clay Street has been reviewed
by the Public Works Department and found to satisfy the intent of the standard in Section
18.72.120.
Section 18.72.140, Light and Glare Standards shall be met by East Village by the use of
city recommended lighting, possibly the new low intensity lighting now being considered by
the Utility Department. Design standards and the Homeowners Association will be the
responsible party to assure that the standards of the East Village and the City of Ashland
continue to be complied with.
Section 18.72.160, Landscaped Maintenance shall be assured by the creation of a
Homeowners Association which will be vested with the authority and responsibility to
maintain all common areas, including maintenance of the front yards that are visible from
the street.
Section 18.72.170, Disc antennas will not be permitted within East Village. AFN cable will
be installed as a part of the infrastructure constructed to serve each dwelling unit.
CONCLUSION:
Based on the above discussion of applicable standards from Chapter 18.72,
AMC, it can be concluded that the requirements of the Site Review and Use
Standards expressed in that Chapter have been complied with.
18.72.070(C).
The City Council on August 4, 1992 adopted "Site Design and Use Standards as authorized
by Section 18.72.080, AMC. As a result, applicable standards from this document will be
identified. As the East Village is an R-1-3.5 development, limited standards are applicable
from the "Site Design and Use Standards adopted by the Council.
Section I does not contain approval standards and contains introductory language to assist
in the preparation of a Site Design.
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Section II contains "Approval Standards and Policies. The standards found in Subsection
A requires 45% of the area to be landscaped. This standard is consistent with Section
18.72.110, AMC. Forty-three percent of the site is landscaped in sprinkled- planted green
space and/or wetlands and nine percent of the open space has been surfaced as sidewalks
to improve pedestrian accessibility and neighborhood interconnectivity as well as water
conservation measure. Pedestrian accessible landscaping totals 53% of the site.
No other standards from Section II are applicable to the East Village project.
Section III contains "Water Conserving Landscaping Guidelines and Policies. The
landscape plans and descriptive narration, submitted with this application, demonstrates
compliance with the standards set forth in Section III.
Section IV, Historic District Development, does not apply to East Village, as the site is not
within any identified historic district.
Section VI, Downtown District, does not apply to East Village.
Section VII, North Mountain Neighborhood Design Standards does not apply as the subject
property is beyond the boundary of this area.
CONCLUSION:
Based on the above discussion and the whole record, it is concluded that few of the
design standards found in "Site Design and Use Standards" adopted by the City
Council, have application to East Village. Those standards which have been
identified have been satisfied by the site plan submitted and supported by evidence
attached to the application.
18.72.070(D).
The discussion of City facilities has been discussed above addressing the annexation
criteria. As a consolidated application repeating the discussion, conclusion and findings
concerning City facilities would be redundant.
CONCLUSION:
As concluded above, adequate City facilities are available to serve the
proposed project.
CONCLUSARY FINDING:
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Based on the above discussions, conclusions, and the entire record it
is found that the application for East Village meets the requirements of
the City of Ashland for Site Design and Use Standards.
3. OUTLINE PLAN:
Criteria for an Outline Plan are found in Section 18.88.030(4), AMC. Subsection 4 states:
"The Planning Commission shall approve the outline plan when it finds the
following criteria have been met:
a. That the development meets all applicable ordinance
requirements of the City of Ashland.
b. That adequate key City facilities can be provided including
water, sewer, paved access to and through the development,
electricity, urban storm drainage, police and fire protection and
adequate transportation; and that the development will not
cause a City facility to operate beyond capacity.
c. That the existing and natural features of the land; such as
wetlands, floodplain corridors, ponds, large trees, rock
outcroppings, etc. have been identified in the plan of the
development and significant features have been included in
open space, common areas, and unbuildable areas.
d. That the development of the land will not prevent adjacent
land from being developed for uses shown in the
Comprehensive Plan.
e. That there are adequate provisions for the maintenance of
open space and common areas, if required or provided, and
that if developments are done in phases that early phases have
the same or higher ratio of amenities as proposed in the entire
project.
f. That the proposed density meets the base and bonus density
standards established under this Chapter.
Discussion:
(a) The criterion contained in Section 18.88.030(A)(4)(a) requires that the application
comply with all applicable ordinances of the City of Ashland. Based upon the Preapplication
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Conference and these Findings, all applicable criteria have been identified and all applicable
criteria have been addressed within the Findings of Fact submitted to support the
application.
ORS 197.763 requires that the notice of hearing on applications list all applicable criteria.
The review and notice of the application before the City of Ashland shall be reviewed based
on the criteria listed in the Notice of Public Hearing.
CONCLUSION:
Based on the above discussion and the "Finding of Fact" contained herein,
it is concluded that all applicable criteria have been identified and that the
whole record demonstrates that the requirements of the City of Ashland have
been met.
(b) The provision of key City facilities has been addressed above. There are additional
requirements in Section 18.88.040(4)(b), which also require a determination that the
development of East Village will not exceed the capacity of any key City facility. As
demonstrated above, key city facilities are available and can be extended into East Village.
Adequate capacity exists to serve the demand made on key City facilities as identified
within these findings and the whole record.
Police and Fire services are the responsibility of the City of Ashland. Adequate police and
fire service is available to serve the proposed use on the land. There is no information of
record to demonstrate that adequate fire and police services cannot be made available
following the annexation and use of the subject property.
CONCLUSION:
Adequate police and fire services are available to serve the needs of East
Village.
(c) The only identified natural feature on the subject site is an identified wetland. A wetlands
delineation and mitigation plan has been prepared and the mitigation plan has been
approved by the Oregon Division of State Lands and the Department of the Army Corps of
Engineers.The site plan map identifies the wetlands mitigation area and this area will be
preserved as open space as a part of the development project.
CONCLUSION:
The only identified natural feature on-site are identified wetlands. Via an
approved mitigation plan, these features will be preserved and enhanced by
the development of East Village.
20
9�'
(d) The development of this particular property will not prevent the use of adjacent property
as envisioned by the Ashland Comprehensive Plan. The site plan demonstrates that access
to adjacent property is provided and the use, residential, of these lands will be
accommodated by the design of East Village.
CONCLUSION:
The development of East Village will not prevent the use of adjacent property
as provided by the Ashland Comprehensive Plan. The design of East Village
accommodates the future use of adjacent property as shown on the site plan.
(e) East Village will be developed as an integrated unit and no phases are proposed at this
time. As a part of the final plan approval process CC&R's will be submitted for review by the
City of Ashland. In addition, open space and common areas will be maintained by a
homeowners association. The Homeowner's Association by-laws will be submitted with the
final plan approval process. The maintenance will be the responsibility of the East Village
Homeowners Association.
CONCLUSION:
It is concluded that the maintenance of open space and common areas will
be assured by the creation of a Homeowners Association to be vested with
the responsibility of such maintenance.
(f) The proposed development of East Village contains 41 dwelling units. To demonstrate
that the project meets the base and bonus density standards of Section 18.88.040 the
following calculations are provided.
1. Base Density.The property consists of 4.917 total acres (less .314 acres of
wetlands not eligible for density bonus) results in 4.603 to be zoned R-1-3.5 which
allows 7.2 DU/acre. As a result, the base density is 33.14 dwelling units.
2. Affordability density bonus. Using the 15% affordability density bonus 6 units will
qualify as follows; 33.14 base density X 15% = 4.95 additional units.
3. Conservation density bonus allows for an additional 15% if built to the qualifying
standards which all units will be so constructed. The base density of 33.14 X
15% = 4.971 additional units.
4. Total density allows for: base density of 33.14 plus 4.95 for meeting the 15%
affordable standard, plus 4.971 units for Conservation and a total of 43.061.
21
99
5. Unfortunately due to the configuration of the parcel, addressing the
interconnectivity needs and wetlands-open space requirement, it is not conducive
for a well-planned project to use all.of the buildable units that the project is eligible
for.
6. Consequently 41 units are planned for the project. This allocation of density is
within the bonus density standards of Section 18.88.040, AMC.
CONCLUSION:
The density of the subject site is within the bonus provisions of Chapter
18.88, AMC. The allowed density is within the limitations allowed by the
Ashland Comprehensive Plan.
CONCLUSARY FINDING:
Based upon the whole record and the information contained in these
Findings of Fact is found that East Village meets the requirements of
an Outline Plan as defined by the City of Ashland.
SUMMARY
Based on the above discussion, attached supporting evidence, and the whole record, it is
concluded that the requirements of the City of Ashland and state law have been satisfied.
The standards and criteria for the annexation, zoning, Site Design and Outline Plan have
been addressed and it is concluded that the requirements have been satisfied.
Therefore, based on the above conclusion, it is found that East Village meets the
requirements of the City of Ashland and state law. The application for annexation, zoning,
Site Design and Outline Plan are found to be consistent with the requirements of the City
of Ashland and state law.
R pectf Ily submitted,
Dale
22
Al a
Division of State Lands — Permit N^= 25411-FP
775 Summer Street NE, Suite 1c Permit ) Fill
Salem, OR 97301-1279 Waterway: Bear Creek
W 503-378-3805 County: Jackson
Expiration Date: August 2, 2003
Corps No.: 2002-00292
RUSS DALE
IS AUTHORIZED IN ACCORDANCE WITH ORS 196.800 TO 196.990 TO PERFORM THE
OPERATIONS DESCRIBED IN THE ATTACHED COPY OF THE APPLICATION, SUBJECT TO
THE SPECIAL CONDITIONS LISTED ON ATTACHMENT A AND TO THE FOLLOWING
GENERAL CONDITIONS:
1. This permit does not authorize trespass on the lands of others. The permit holder shall obtain all necessary
access permits or rights-of-way before entering lands owned by another.
2. This permit does not authorize any work that is not in compliance with local zoning or other local, state, or
federal regulation pertaining to the operations authorized by this permit. The permit holder is responsible for
obtaining the necessary approvals and permits before proceeding under this permit.
3. All work done under this permit must comply with Oregon Administrative Rules, Chapter 340; Standards of
Quality for Public Waters of Oregon. Specific water quality provisions for this project are set forth on
Attachment A.
4. Violations of the terms and conditions of this permit are subject to administrative and/or legal action which
may result in revocation of the permit or damages. The permit holder is responsible for the activities of all
contractors or other operators involved in work done at the site or under this permit.
5. A copy of the permit shall be available at the work site whenever operations authorized by the permit are
being conducted.
6. Employees of the Division of State Lands and all duly authorized representatives of the Director shall be
permitted access to the project area at all reasonable times for the purpose of inspecting work performed
under this permit.
7. Any permit holder who objects to the conditions of this permit may request a hearing from the Director, in
writing, within 10 days of the date this permit was issued.
8. In issuing this permit, the Division of State Lands makes no representation regarding the quality or adequacy
of the permitted project design, materials, construction, or maintenance, except to approve the project's
design and'materials, as set forth in the permit application, as satisfying the resource protection, scenic,
safety, recreation, and public access requirements of ORS Chapters 196, 390 and related administrative rules.
9. Permittee shall defend and hold harmless the State of Oregon, and its officers, agents, and employees from
any claim, suit, or action for property damage or personal injury or death arising out of the design, material,
construction, or maintenance of the permitted improvements.
NOTICE: If removal is from state-owned submerged and submersible land, the applicant must comply with.
leasing and royalty provisions of ORS 274.530. If the project involves creation of new lands by filling on state-
owned submerged or submersible lands, you must comply with ORS 274.905 - 274.940. This permit does not
relieve the permittee of an obligation to secure appropriate leases from the Division of State Lands, to conduct
activities on state-owned submerged or submersible lands. Failure to comply with these requirements may result
in civil or criminal liability. For more information about these requirements, please contact the Division of State
Lands, 378-3805.
Lori Warner, Manager
Western Region Field Operations
Oregon Division of State Lands gec- (JAS-y, August 2, 2002
Authorized Signature Date Issued
� AUG 7 2002 yJ
^1
ATTACHMENT A
Permittee: Russ Dale
Special Conditions for Fill Permit No. 25411-FP. PLEASE READ AND BECOME
FAMILIAR WITH CONDITIONS OF YOUR PERMIT. This project may be site
inspected by the Division of State Lands as part of our monitoring program. The
Division has the right to stop or modify the project at any time if you are not in
compliance with these conditions. A copy of this permit shall be available at the
work site whenever authorized operations are being conducted.
1. This permit authorizes the placement of up to 356 cubic yards and removal of up to
356 cubic yards of fill in T39S, R1 E, Section 11, Tax Lot 1000 in wetland, in
Jackson County, as outlined in the attached permit application, map and drawings,
dated July 31, 2002.
This permit also authorizes removal and fill activities necessary to complete the
required compensatory mitigation.
2. TURBIDITY/EROSION CONTROLS. The authorized work shall not cause turbidity
of affected waters to exceed 10% over natural background turbidity 100 feet
downstream of the fill point. For projects proposed in areas with no discernible
gradient break (gradient of 2% or less), monitoring shall take place at 4 hour
intervals and the turbidity standard may be exceeded for a maximum of one
monitoring intervals per 24 hour work period provided all practicable control
measures have been implemented. This turbidity standard exceedance intervals
applies only to coastal lowlands and floodplains, valley bottoms and other low-lying
and/or relatively flat land.
For projects in all other areas, the turbidity standard can be exceeded for a
maximum of 2 hours (limited duration) provided all practicable erosion control
measures have been implemented. These projects may also be subject to
additional reporting requirements.
Turbidity shall be monitored during active in-water work periods. Monitoring points
shall be at an undisturbed site (representative background) 100 feet upstream from
the turbidity causing activity (i.e., fill or discharge point), 100 feet downstream from
the fill point, and at the point of fill. A turbidimeter is recommended, however,
visual gauging is acceptable. Turbidity that is visible over background is
considered an exceedance of the standard.
Practicable erosion control measures which shall be implemented, as appropriate,
include but are not limited to the following:
�G� AUG 7 2002
Attachment A C ��
State Application No. 25411-FP
Page 2 of 3
h) Place fill in the water using methods that avoid disturbance to the maximum
practicable extent (e.g. placing fill with a machine rather than end-dumping
from a truck).
b) Prevent all construction materials and debris from entering waterway;
c) Use filter bags, sediment fences, sediment traps or catch basins, silt curtains, .
leave strips or berms, Jersey barriers, sand bags, or other measures sufficient
to prevent movement of soil;
d) Use impervious materials to cover stockpiles when unattended or during rain
event;
e) Erosion control measures shall be inspected and maintained daily to ensure
their continued effectiveness;
f) No heavy machinery in a wetland or other waterway;
g) Use a gravel staging area and construction access;
h) Fence off planted areas to protect from disturbance and/or erosion; and
i) Flag or fence off wetlands adjacent to the construction area.
Erosion control measures shall be maintained as necessary to ensure their
continued effectiveness, until soils become stabilized. All erosion control structures
shall be removed when.project is complete and soils are stabilized and vegetated.
3. HAZARDOUS, TOXIC AND WASTE MATERIALS. Petroleum products, chemicals,
fresh cement sandblasted material and chipped paint or other deleterious waste
materials shall not be allowed to enter waters of the state. No wood treated with
leach able preservatives shall be placed in the waterway. Machinery refueling is to
occur off-site or in,a confined designated area to prevent spillage into waters of the
state. Project-related spills into water of the state or onto land with a potential to
enter waters of the state shall be reported to the Oregon Emergency Response
System (OERS) at 1-800-452-0311.
4. All exposed soils shall be stabilized during and after construction in order to
prevent erosion and sedimentation.
5. If-any archaeological resources and/or artifacts are uncovered during excavation,
all construction activity shall immediately cease. The State Historic Preservation
Office shall be contacted (phone: 503-378-4168).
6. Issuance of this permit is contingent upon acquisition of the required approval from
the city of Ashland.
7. The Division of State Lands retains the authority to temporarily halt or modify the
project in case of unforeseen damage to natural resources.
The following conditions apply to the actions described in the Mitigation Plan,
dated July 31, 2002.
/� AUG ' 7 2002
Attachment A
State Application No. 25411-FP
Page 3 of 3
The following conditions apply to the actions described in the Mitigation Plan,
dated July 31, 2002.
8. On-site compensatory mitigation for the loss of 0.087 acres of PEM wetland shall
consist of creation of 0.144 acre of wetland.
9. 0.144 acre of created wetlands shall meet the soils criteria specified in the 1987
Army Corps of Engineers Wetland Delineation Manual.
10. Prior to any site grading, the surveyed boundaries of the wetland mitigation area,
and the avoided wetlands, shall be surrounded by silt fencing or bright orange
construction fencing at all times during construction of the project.
To be deemed successful, the mitigation areas shall meet the following success
criteria.
11. 0.144 acres of created wetlands shall meet the soils criteria specified in the 1987
U. S. Army Corps of Engineers Wetland Delineation Manual. Hydrology data shall
be taken in April of each year.
12. 0.144 acres of created wetlands shall meet the soils criteria specified in the 1987
U. S. Army Corps of Engineers Wetland Delineation Manual.
13. Planting of the mitigation area shall follow specifications outlined in the mitigation
plan. Year 1 shall exceed 70% survival. Year 2 shall exceed 80% survival and
year 3 shall exceed 90% survival of planted species by counting.
14. The permittee shall monitor the mitigation site to determine success for a minimum
period of 3 years. The annual monitoring report is due by December 1 of each
year and shall include the following information:
• Permit number
• Permittee's name
• Project name
• Impact and mitigation site location map(s)
• A brief narrative that describes maintenance activities and recommendations
to meet success criteria.
• Documentation that the success criteria listed in condition(s) is being met.
• Photos from fixed photo points.
• Other information necessary or required to document compliance with
mitigation plan.
August 2, 2002
JAttachmentAwesti-ASTP Fill Permits\25411-FP.doc
AUG 7 2002
�o y
OB/05/2002 14:07 FAX 5414858888 U5AR11YCORPENGEUG U 2002
DEPARTMENT OF THE ARMY
PORTLAND DISTRICT,COBS OF ENGINEERS
EUGENE FIELD OFFICE
1800 0MCUTNE PARKWAY,SUITE 210
EUGENE.OREGON 87401.2108
REFLYTO
arolriON OF: August 5, 2002
Operations Division
Regulatory Branch
Corps No. 2002-00292
Mr.Russ Dale
585 Allison Street
Ashland Oregon 97520
Dear Mr.Dale:
The U.S.Army Corps of Engineers (Corps)has received your permit application requesting
Department of the Army authorization to fill .087 acres of waters of the United States near Bear
Creek as shown in the enclosed drawings(Enclosure 1), The project is located in Ashland,
Jackson County,Oregon . The site is in the northwest 114 of the southwest'/4 of Section 11,
Township 39 South,Range lEast.
The proposed work is required for construction of a residential subdivision. Construction of
road access will include.087 acres of fill in wet meadows. Mitigation will be the creation of
.144 acres of wet meadow and marsh contiguous with the existing wet meadows. An adj ustable
control structure will be placed at the downsheam end of the preserved and created wetlands and
adjusted to ensure maintenance of current hydroperiod.
This letter verifies that your project is authorized under the terms and limitations of
Nationwide Permit 39. Your activities must be conducted in accordance with the conditions
found in Special Conditions (Enclosure 2) and General Conditions(Enclosure 3)and the
following project specific conditions:
a) The permittee must enact in its entirety the East Village Wetland Mitigation Plan
(Final Version)dated July 31,2002 including all monitoring,and as modified by other
conditions of this verification.
b) All mitigation earthwork and planting must be completed prior to the sale of the
first lot.
C) In addition to the success criteria for hydrology and woody species contained in the
Mitigation Plan,the wetland creation area must achieve the following thresholds by the
end of the third year of monitoring:
i) 80%coverage by desirable native,non-invasive,herbaceous species
ji) No more than 101%coverage by undesirable or nuisance species
d) The Carps retains the authority to extend the mitigation-monitoring period and
require corrective action in the event that the success criteria are not met.
SOS
08/05/2002 14:08 FAX 5414858888 USARRYCORPENGEUG U U003
-2-
e)Installation of the slide gate and its use to preserve adequate wetland hydrology for the
entire wetland preservation and creation area is required. Post-developmont hydrology
must simulate existing site hydrology.
Section 401 water quality certification from the Oregon Department of Environmental
Quality(DEQ)has not been issued for this nationwide permit Therefore, this authorization will
not become valid until certification is issued. By copy of this letter,we are notifying DEQ of
your proposed work and thus requesting their certification. The certification will be considered
by Mr. Tom Melville,Oregon Department of Environmental Quality, 811 SW Sixth Avenue,
Portland Oregon,97204-5694.
When water quality certification has been issued,you must provide this office a copy, along
with the conditions of their certification. The conditions of the 401 certification are conditions of
this authorization. Your activities must be conducted in accordance with those conditions as well
as those conditions enclosed with this letter. Your failure to ensure compliance with any of the
listed conditions could result in the Corps initiating an enforcement action.
We also direct your attention to the Special Conditions,(Enclosure 2),that requires the
transfer of this permit if the property is sold and General Conditions 14 that requires you to
submit a signed certificate when the work is completed. A"Compliance Certification"is
provided(Enclosure 4).
Failure to comply with any of the listed conditions could result in the Corps initiating an
enforcement action. This authorization does not obviate the need to obtain other permits where
required. Permits, such as those required from the Oregon Division of State Lands (ODSL)
under Oregon's Removal/Fill Law,must also be obtained before work begins.
This verification is valid for a period of 2 years from the date of this letter unless the
nationwide permit expires, is modified,reissued,or revoked prior to that date. All the
nationwide permits are scheduled to be modified,reissued or revoked in March 2007. If you
commence or are under contract to commence this activity before the date the nationwide perrait
expires, is modified or revoked,you will have twelve months from the date of the modification
or revocation to complete the activity under the present terms and conditions of the current
nationwide permit.
If you have any questions regarding this nationwide permit verification,please contact
Mr.Mark Gronceski at the letterhead address or telephone(541)465-6878.
Sincerely,
(",IIawrence C.Evans
Chief,Regulatory Branch
/ 04
08/05/2002 14:08 FAX 5414858888 USARHYCORPENGEUG U ®004
\
Enclosures
Copy Furnished:
Oregou Division of State Lands(Lobdell)
Oregon Department of Environmental Quality(Melville)
OP-GP—(Edmonton)
Scott English—Northwest Biological Consulting
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EAST VILLAGE
PARKING
September 19, 2002.
REQUIREMENTS:
On Street: 1 space/unit 41 spaces
Off Street: for 2 BR units, 1.75 spaces/unit 72 spaces
TOTAL REQUIRED: 113 spaces
PER PLAN: 41 Units
On Street total: 83 spaces (42 over req'd.)
Off Street: 46 spaces (26 less than req'd.)
ON SITE TOTAL: 129 spaces
Off Street Credits for On Street Parking: 42 spaces
First 8 spaces = 4 credits
34 spaces = 34 credits
TOTAL CREDITS 38 Credits for Off Street Parking
Total Off Street: 46 (above) + 38 credits = 84 spaces (12 above requirements)
/ / g
MARKE4,J)TUDY AND DEMOGRAPHIC _ROFILE
I NEIGHBORHOOD DESCRIPTION
The subject property is located in southeast Ashland in an area primarily comprised of
single and multi family residential with mixed use commercial development at the major
intersections. The general neighborhood encompasses all of the City of Ashland.
The City of Ashland is located approximately fifteen miles south of the City of Medford
and sixteen miles north of the Oregon/California border. Ashland is one of the cultural
centers of region including the Oregon Shakespeare Festival, Oregon Cabaret Theater,
and numerous art galleries and museums. Ashland's economy is based on three indus-
tries, the first being tourism followed by education and wood products. In recent years
several high tech companies have been established or relocated to the area. The two
major employers in the area are Southern Oregon University (SOU) and the Oregon
Shakespeare Festival. Retail trade plays an important role in the Ashland economy due
to these employers as well as the influx of Californians.
The immediate subject neighborhood is the southeast portion of Ashland. This area is
less densely developed and includes rural residences, pasture land, and newer residen-
tial subdivisions. The subject is located on Clay Street, north of ft's intersection with
Ashland Street (Green Springs Highway 66) and south of East Main Street. Within the
immediate subject neighborhood uses include single family residences, multi family resi-
dential, pasture land, and commercial at the major intersections. Arterial corridors in the
(' neighborhood are interspersed with older residences, which are suffering external
obsolescence as a result of encroaching commercial and multi family uses. Some of
these are well maintained and functional, others are interim uses available for redevel-
opment.
Mufti family residences in the immediate area range from average to good quality apart-
ments. Newer and good quality townhome units are also located in the neighborhood.
Built in 1998,the Chautauqua Trace subdivision is located immediately east of the sub-
ject and includes,89 multi family units.The majority are owner occupied,with current
asking prices in the range of$162,000 to 189,000 per unit. To the south of the subject
along Clay Street the area is primarily developed with single family residential. The
newest single family subdivision was completed near the intersection of Clay Street and
Ashland Street(Highway 66). Commercial is the dominant land use along Ashland Street
south of the subject.The South Ashland Interstate 5(1-5) interchange is at the
intersection with Ashland Street to the southeast of the subject. Commercial
facilities in this area include Les Schwab Tires, Taco Bell, Shop'N Kart, and the large
Tolman Creek Shopping Center anchored by Albertson's. A small amount of industrial
development is located within the southern area of the neighborhood near the Southern
Pacific railway. Most of the recent commercial development has occurred in the subject's
south portion of Ashland along Ashland Street near the 1-5 interchange. Recent
residential development has occurred in south portions of the neighborhood within the
vicinity of Tolman Creek Road and Siskiyou Boulevard. The majority of the most recent
mufti family development occurring in the neighborhood has been good quality owner
occupied townhome unts.
i
NOV 9 200"
NEIGHBORHOOD DESCRIPTION (Continued)
To the west of the immediate subject neighborhood are central areas of Ashland includ-
ing the downtown district. Southern Oregon University is located in this area on
Siskiyou Boulevard (Highway 99) near its intersection with Highway 66.
The subject has good proximity to commercial and residential sectors of southeast
Ashland. The neighborhood has good access characteristics and Ashland has limited
land available with continued demand and redevelopment occurring. With expected
continued population and employment growth (see Market Analysis section) in the re-
gion, the subject market area is anticipated to continue to increase. Utilities and
transportation systems are considered adequate for the area. All things considered, the
future outlook for the neighborhood and subject property is favorable.
1
d NOV 9 200:
( MARKET STUDY SUMMARY
Defined Market Area
In the following section market supply and demand conditions which influence the com-
petitive position of the subject property will be considered. For purposes of this analysis
the definition of the subject's market area is concluded to be the city of Ashland.
Regional demographic trends were also examined for Jackson County (Medford-
Ashland MSA) and the State of Oregon.
Demand
The following section examines demand trends within the subject trade area. Evaluating
demand is a complex issue and can involve several factors. Demand can be measured
in two basic ways: 1) fundamental; and 2) implied. Fundamental treatment requires in-
depth analysis of factors such as demographics, income, growth trends, and market
capture rates. Implied typically involves less sophisticated analysis, which infers demand
from an assessment of current market conditions and anticipated rates of change. In this
limited summary market feasibility analysis, inferred demand analysis is considered
adequate. In this situation, demand is best measured by the following: 1) population
forecasts; 2) employment; 3) incomethousehold trends; 4) housing price and rent trends ,
{ i
overtime; and 5) absorption rates for new construction.Reference is made to the
statistical information for Ashland and the regional area in the Addenda of this report.
This data includes the Housing Trend Report prepared by Claritas Inc. and demographic
information compiled by the U.S. Census Bureau. The various demand factors are
discussed below.
Population- Jackson County has been one of the faster growing counties in the state,
exceeding the state as a whole by nearly 4 percent. For the 1980-1990 period, the
growth rate for the county was approximately 10.3 percent or .98 percent per year. A
higher growth rate is indicated for the area since 1990. The 2000 population is 182,200,
indicating a growth rate of approximately 24.5 percent over ten years. A large amount of
the total population growth has been from in-migration of retirees, a good portion from
California. The table on the following page summarizes population trends within Jackson
County and the regional area.
f �
NOV 9 Map
MARKET STUDY SUMMARY (Continued)
i
Southwestern Oregon State Counties
Annual Rate of Growth
1980-2000
Percent Percent
Population Change Population Change
Cou 1980 1990 1980-90 2000 1990-2000
Jackson 132,750 146,389 10.3 182,200 24.5
Josephine 59,400 62,699 5.5 76,050 21.3
Curry 17,100 19,327 13.0 21,200 9.7
Douglas 93,400 94,649 1.3 100,500 6.2
Klamath 59,000 57,702 -2.2 63,900 10.7
Coos 63,850 60,273 -5.6 62,800 4.2
State 2,639,915 2,842,321 7.7 3,436,750 20.9
Source: Portland Slate University
I 1
The population (latest July 2000) for the City of Ashland is 19,610 which is 10.8 percent
of the total county. From 1990 to 2000 the population of Ashland has increased by 20.8
percent as summarized below.
City of Ashland
Annual Rate of Growth
1980-2000 and 2005 Projected
Percent Percent Projected Percent
Population Change Population Change Population Change
1980 1990 1980-90 2000 1990-2000 2005 2000-05
14,943 16,234 8.6% 19,610 20.8% 21,160 7.9%
Source: Portland State University,U.S.Census Bureau and Clarilas,Inc.
h
NOV 9 200:
MARKET STUDY SUMMARY (Continued)
i
As shown in the previous tables, population within the subject region has generally
grown at a faster rate than the state. Within the subjects market area of Ashland the
level of growth has been similar to the statewide average. The projected growth
through 2005 within Ashland is at a rate less than that experienced over the prior de-
Cade. More moderate growth in Ashland is considered the primary result of limited land
available for development. This trend is also apparent with the total number of house-
holds within Ashland, as summarized below.
City of Ashland
Total Number of Households
1980-2000 and 2005 Projected
Percent Percent Projected Percent
Households Change Households Change Households Change
1980 1990 1980-90 2000 1990-2000 2005 2000-05
5,922 6,853 15.7% 8,818 28.7% 9,617 9.1%
i 1
Source: U.S.Census Bureau and Clarilas Inc.
As of 2000 the average household size within Ashland was 2.14 persons according to
the Housing Trend Report prepared by Claritas Inc. The average household size has
been decreasing over the last two decades and is projected to decline to 2.10 persons
in 2005.
Employment— The economic base of Jackson County, as well as much of southern Or-
egon, has historically been the timber industry. Beginning in the 1980's this employ-
ment base began to retract. At the same time, non-manufacturing employment (service
industries including government) began to expand, consuming a larger portion of the
employment base. The following chart summarizes employment by sector for Jackson
County over the past several years.
90 3 NOV 9 200;
MARKET STUDY SUMMARY (Continued)
Jackson County Employment by Sector
Sector 1993 1994 1995 1996 1997 1998 1999 2000
MANUFACTURING-TOTAL 8,650 9,000 9,100 9,090 9,240 9,220 8,990 9,230
Durable Goods(hood prod.) 6,950 7,190 7,170 7,420 7,550 7,540 7,270 7,530
Nondurable Goods(rood) 1,710 1,900 1,920 1,660 1,590 1,680 1,730 1,700
HONI-IANUFACTURING-TOTAL 49,560 52,720 54,420 56,230 58,920 60,630 62,300 64,530
Construction I-lining 2,360 2,760 2,830 3,000 3,370 3,370 3,520 3,810
Trans.,Comm.,&Utilities 2,920 2,870 3,080 3,160 3,310 3,450 3,680 3,920
Trade 17,140 18,520 19,160 19,460 20,150 20,460 20,800 21,430
Finance,Insur&Real Estate 2,830 2,990 2,940 3,040 3,090 3,080 3,180 3,150
Services 14,370 15,590 16,230 17,250 18,620 19,320 19,840 20,760
Government 9,930 9,990 10,180 10,320 10,400 10,930 11,280 11,470
Local 6,040 6,130 6,300 6,370 6,440 6,770 7,110 7,230
+ Slate 2,180 2,230 2,280 2,280 2,250 2,380 2,450 2,490
All Other Gov. 1,710 1,630 1,600 1,680 1,710 1,790 1,720 1,750
Total Employed 58,220 61,800 63,510 65,320 68,160 69,850 71,300 73,760
Source: State of Oregon Department of Human Resources
Overall employment has seen a gain of approximately 27 percent since 1993, or 3.8
percent per year. The Trade, Services and Government sectors have shown the great-
est employment gains. The following chart represents unemployment rates for the
county, state, and the nation since 1990.
1.74 NOV 9 200;
MARKET STUDY SUMMARY (Continued)
1 _
Unemployment Rates
1990 - 2001
Year Jackson Oregon U.S.
County Statewide
1990 6.6 5.5 5.5
1991 7.5 6.0 6.6
1992 8.3 7.5 7.5
1993 8.6 7.3 6.9
1994 6.7 5.4 6.1
1995 8.6 4.8 5.6
1996 8.2 5.9 5.4
1997 7.6 5.8 4.9
1998 6.8 5.6 4.5
1999 6.6 5.7 4.2
2000 5.3 4.9 4.0
June 2001 5.9 5.3 4.5
Source: Stale of Oregon Department of Human Resources
Ashland's economy is based on three industries, the first being tourism followed by edu-
cation and wood products. Ashland is one of the cultural centers of region including the
Oregon Shakespeare Festival, Oregon Cabaret Theater, and numerous art galleries and
restaurants. In recent years several high tech companies have been established or relo-
cated to the area. The two major employers in the area are Southern Oregon University
(SOU) and the Oregon Shakespeare Festival. Retail trade plays an important role in the
Ashland economy due to these employers as well as the influx of Californians.
Projections prepared by the State of Oregon Employment Department indicate total em-
ployment growth of 16.8 percent over the next decade (2000 to 2010) within the
Jackson-Josephine County area, or 1.68 percent per year.
Income/Household Trends- Median family income within the Medford-Ashland MSA
has increased by an average of 3.35 percent per year since 1996, as summarized in the
following table.
�.�5 NOV 9 200:
MARKET STUDY SUMMARY (Continued)
t
Medford-Ashland MSA (Jackson County)
Median Family Income
1996 - 2001
Year Median Family Annual
Income Percent Change
1996 $34,600 -
1997 $36,200 4.6%
1998 $38,000 5.0%
1999 $38,800 2.1%
2000 $38,800 0.0%
2001 $40,400 4.1%
Source: U.S. Department of HUD(Housing and Urban Development)
The median family household income within the City of Ashland was $47,972 in 2000
according to the Household Trend Report prepared by Claritas Inc. The following table
summarizes historical and projected median family income within Ashland.
City of Ashland
Median Family Income
1996 - 2001 .
Year Median Family Annual Percent
Income Change
1979(Census) $17,278 -
1989(Census) $32,941 9.07%
2000(Est.) $47,972 4.15%
2005 - Projected $52,061 1.70%
Source: Claritas Inc.
The projected level of growth of the Ashland median income of 1.7 percent per year is
basically the same as the projected increase in employment through 2010 within the
Jackson-Josephine County region per the State of Oregon.
1
NOV 9 200:
MARKET STUDY SUMMARY (Continued)
Based on the Household Trend Report prepared by Claritas Inc., the most prevalent in-
come group within Ashland at 10.3 percent of total households was $60,000 to $74,900.
Over the previous decade household income has been increasing. The following table
summarizes the percentage of households by income range within Ashland.
Ashland Income Ranges
By Percentage of Total Households
1990 - 2000 and 2005 Projected
Household Income 1990 2000 2005
Census Est, Projected
Total No. of Households: 6,853 8,818 9,617
Less than 55,000 8.4% 4.7% 3.4%
55,000-59,999 12.9% 6.9% 6.3%
510,000-514,999 12.5% 8.8% 7.4%
515,000-519,999 8.3% 9.7% 7.80/6
520,000-524,999 9.8% 7.1% 8.3%
t ) 525,000-529,999 8.7% 5.3% 6.7%
530,000-534,999 7.8% 7.0% 4.6%
535,000-539,999 6.3% 6.5% 6.1%
540,000-544,999 5.8% 5.8% 6.0%
545,000-549,999 4.5% 4.2% 4.9%
550,000-559,999 4.2% 8.7% 7.5%
560,000-574,999 5.2% 10.3% 9.9%
575,000-599,999 3.9% 7.2% 10.2%
5100,000-5124,999 0.9% 3.4% 4.5%
5125,000-5149,999 0.2% 1.9% 2.3%
5150,000-5249,999 0.4% 1.7% 2.7%
5250,000-5499,999 0.1% 0.4% 1.0%
5500,000 or More 0.1% 0.2% 0.3%
Note:Totals may not add due to rounding.
Source: Clantas Inc.
The following table summarizes the percentage of households based on various group-
ings of income levels within Ashland.
/a7 Nov 9 20V.
MARKET STUDY SUMMARY (Continued)
t
Ashland Household Income Groupings
1990 - 2000 and 2005 Projected
Household Income 1990 2000 2005
Census Estimate Projected
Total No. of Households: 6,853 8,818 9,617
<SS,000-514,999 33.8% 20.4% 17.1%
515,000-519,999 8.3% 9.7% 7.8%
520,000-539,999 32.6% 25.9% 25.7%
Subtotal 74.7% 56.0% 50.6%
540,000-559,999 14.5% 18.7% 18.4%
560,000-574,999 5.2% 10.3% 9.9%
:575,000 5.6% 14.8% 21.0%
Subtotal 25.3% 43.8% 49.3%
Total 100.00/0 100.00/0 100.00/0
j f Note:Totals may not add due to rounding.
Source: Clarilas Inc.
Within Ashland approximately 25 percent of all households are within the income range
of $20,000 to $39,999. This level is projected to continue through 2005. A notable
trend projected in the previous table is the level of increase in households with income
levels greater than $75,000. This income sector is projected to increase from 14.8 per-
cent in 2000 to 21.0 percent in 2005. In recent years Ashland has experienced an in-
flux of retirees and affluent individuals, which is projected to continue. These factors
have significantly increased the average home sale price in Ashland over the previous
decade, as will be discussed in the next section of this analysis.
The Profile of General Demographic Characteristics: 2000 by the U.S. Census Bureau in-
dicates total households of 8,537 within Ashland (versus 8,818 by Claritas Inc.). The
type of households per the U.S. Census profile are summarized in the following table.
/4V NOY 9 �Qp,
MARKET STUDY SUMMARY (Continued)
City of Ashland
Households by Type - 2000
Type Number of Percent
Households
TOTAL 8,537 100.0%
Family Households(Families) 4,479 52.5%
With children under 18 yrs. 2,159 25.3%
Married couple family 3,193 37.4%
With children under 18 yrs. 1,244 14.6%
Female householder, no husband 1,001 11.7%
With children under 18 yrs. 727 8.5%
Non-Family Households 4,058 47.5%
Householder living alone 2,839 33.3%
Householder 65 yrs. and older 931 10.9%
Households with individuals under 18 yrs. 2,265 26.5%
t } Households with individuals 65 yrs. and older 2,006 23.5%
Average Household Size(Persons) 2.14 —
Average Family Si-e(Persons) 2.72 —
Source:Claritas Inc.
The previous table indicates the slight majority of households within Ashland are fami-
lies. The largest number of households are a married couple family (37.4%) and a
householder living alone (33.3%).
Housing Price/Rent Trends— Average home price trends in Ashland indicate strong
demand in recent years. Based on the desirability of the area and in-migration by retir-
ees and out of state residents, home pricing in Ashland has increased significantly over
the previous decade. According to statistics compiled by the Multiple Listing Service
(MLS), as of June 2001 the average sale price within Ashland was $286,000. As of June
2000, the average sale price in Ashland was $236,171. By comparison, within the City
of Medford the average sale price was $182,040 as of June 2001. The following table
summarizes recent trends in home pricing in Ashland.
( 1
/,� c, NOV 9 200;
MARKET STUDY SUMMARY (Continued)
- IMP 1,111IMPIMMUMP"MIN
City of Ashland
Average Home Price Trends
Year Average Avg.Annual
Home Price Percent Change
1985 $73,255 -
1990 $129,803 15.44%
YTD*June 2000 $236,000 8.61%
YTD* June 2001 $286,000 21.2%
*Year to date.
Source: Multiple Listing Service(MLS)and Medrord Mail Tribune
With recent trends of in-migration and increased housing costs, many long term resi-
dents of Ashland have moved to more affordable housing districts in the Phoenix-Talent
area five miles to the north (Source: "Talent by Way of Ashland," Medford Mail Tribune,
8/19/01). As of July 2001 the average home price in Phoenix-Talent was $141,897, less
than half of the average Ashland price.
I
/ 30
NOV 4200;
it. ' , .aTea
7 November 2001
City of Ashland
Planning Commission
C/O Bill Molnar
20 E. Main St
Ashland, OR 97520
Re: East Village/ Preserving Diversity
Russ Dale has proposed to develop 43 town houses on land adjacent to
Chautauqua Trace. Lithia Realty listed the 89 townhouses that were built at
Chautauqua Trace. Mr. Dale is planning a new development, East Village. It will
include ten units offered as affordables and 33 units at $170,000.
As you are aware Mr. Dale has created the great majority of affordable
units brought onto the Ashland market. There are few developers that would
take the risk of building housing units to be sold for less than the cost of
production. It is much safer to build fewer units and sell them for more per unit,
than to incorporate affordables. There is clearly a humanitarian element to the
East Village development that should be encouraged.
I have reviewed home sales over a two-year period ending October 31,
2001. The figures set out below show a reduction in availability of houses in the
lower price range.
Home Sales 1 Days on Market
$150,000-$170,000
Year Ended 10/31/00 61 135
Year Ended 10/31/01 28 100
Current Listed 5 n/a
1 Homes under 1,000 sq ft. were not included
200;
366 Lithia Way, Ashland, Oregon 97520 • phone: 541-488-2442 • Fax: 541-488-2297
t 7 November 2001
Over the last two years the number of homes available in the lower price range
has drastically decreased. Homes are staying on the market for a shorter time,
an average of 124 days versus 143 days for all homes. Home sales in the price
range $150,000-$170,000 amounted to 11%-of total home sales over that two-
year period. The low percentage is not because there was little demand for
lower priced homes. It is because there is such a small supply.
My office listed the Chautauqua Trace town homes for sale. Those homes
were sold primarily to couples or singles, many of whom were of retirement age,
or to single parent families. The initial buyers averaged two persons per unit.
Today, more than three years after the initial sales there are less than twenty
children in the subdivision, 0.2 children per unit.
The Chautauqua Trace homes were sold at the rate of one every ten days.
That indicates the extent of the demand. If East Village is approved I would
anticipate sales at a similar rate. Only 33 of the units will go on the market.
They should be absorbed within a month of the issuance of a certificate of
completion on an average. The East Village development represents only a single
1 years demand for housing in its price range
The great majority of new homes being built in Ashland are large and
expensive. The City has expressed a desire to preserve diversity. That can only
be accomplished by making homes available at prices other than the most the
market will bear. There is virtually no land in the city that can be developed for
lower cost housing. The proposed project is surrounded by existing develop-
ment. Its inclusion is a natural and necessary part of the City's growth pattern.
The East Village project deserves approval. It will meet the goals of
preserving diversity. It will offer new and energy efficient housing to those
seeking to enjoy the benefits of our community.
�inc )y
Ra a�
Nov 92000,
OLD DAIRY DEVELOPMENT
ANNEXATION
TRANSPORTATION
IMPACT
STUDY
For
Russ Dale
585 Allison
Ashland, Oregon 97520
November 9, 2001
Submitted by:
HARDEY ENGINEERING & ASSOCIATES, INC.
P.O. BOX 1625
MEDFORD, OREGON 97501
3
Hardey Engineering c.. Associates, Inc.
November 9, 2001
P.O. Box 1625
Medford,OR 97501
541.772.6880-tel
Russ Dale 541.772.9573-fax
585 Allison info @hea-inc.com
Ashland, Oregon 97520
Re: Old Dairy Development
Clay Street - Ashland, Oregon
Dear Russ,
As you have requested, we have prepared a Traffic Impact Study (TIS) on the above referenced
- . project. Prior to undertaking the study, we met with the City of Ashland to discuss their concerns
and requirements of the study. They informed us that they are interested in the imapcts to Clay
Street, as well as the potential trips using Abbott. They also asked us to analyze the intersections
of Highway 66/Clay Street, Clay/Creek, Clay/E. Main, E. Main/Crocker, E. Main/Tolman Creek,
and Tolman Creek/Abbott for existing and existing plus project conditions. The City was also
interested in how many accidents have occurred at these locations. These are the issues we
addressed in our analysis.
PROJECT INFORMATION
It is our understanding that the proposed project consists of 43 row-houses, on 4.77 acres. It is
our understanding that the current zoning is R-1-3-5, with a proposed annexation into the City of
Ashland. The project is located south of E. Main, north of Hghway 66, west of Tolman Creek,
and east of Clay Street. It is also our understanding that the proposed project will have direct
access to Clay Street, and an access to Tolman Creek via Abbott.
EXISTING OPERATION CONDITIONS
Intersection counts were conducted at the identified intersections both in the A.M. and the P.M.
We ran the existing information gathered from those counts through the Highway Capacity I
Analysis Software (HCS) and found that all intersections are currently operating at acceptable
Levels of Service (LOS). This can be seen in Table 3. Most agencies regard LOS's in the A-D
range as acceptable. LOS's E & F are generally viewed as unacceptable, whereas the intersection
is bogged down to the point of each vehicle suffering long delays. In Table 3, it can be seen that
the worst existing intersection is Highway 66/Clay at an LOS C.
PROJECT TRIPS & DISTRIBUTION
To determine the impacts anticipated from this project, we needed to generate trips which this
project could produce. To do this, we normally use the ITE Trip Generation Manual, 6'Edition.
This book is a compilation of different types of land uses which have been studied across the
country to determine how many trips each type of use generally generates. However, there are no
uses listed which specifically represent your project. This was an item we discussed with the City
of Ashland. They requested that we analyze the Chautauqua Trace development, the subdivision
directly to the east of the project site, to determine the trip generation rates from it. According to
the information submitted by you, it is the same type of housing planned for this development,
therefore the trip generation rates could be used to determine traffic impacts for your new
development. By placing tube counters at both access points we were able to determine how
many trips on a average day were made per house within Chautauqua Trace. These rates can be
seen below.
TABLE 1 - Generation Rates
A.M. P.M.
Unit ADT
In Out In Out
DU 15.40 .2121 .5069 .812 .564
ADT=Average Daily Traffic, DU = Dwelling Unit
The next step is to multiply these rates by the anticipated units in the planned development.
Below, in Table 2 can be seen the expected trips for this use.
TABLE 2 - Generated Trips
A.M. P.M.
Units ADT
In Out In Out
43 662 9 22 35 24
: . The next step is to take these numbers and distribute them through the street system. Generally
we use the existing patterns shown,in our intersection counts. This is, however, difficult to do
when it is unknown how the trips will behave at the driveways. To determine the patterns which
could be expected by the project, we counted the intersection of Clay/Creek to get a feel of what
a neighboring subdivision was doing. The movements entering and exiting your project would be
expected to behave similarly.
Another issue was how many trips would be expected to use the connection of Abbott. To
determine this number, we began by distributing the entire project out the proposed accesses onto
Clay Street and into the roadway system based on existing turning movements obtained from our
intersection counts. At this point, we met with the City of Ashland to discuss this, and it was
agreed that any trips which left the project on Clay Street, and traveled north, then turned east on
E. Main, and then south on Tolman Creek would most likely opt to use the Abbott connection,
this also being true for any inbound vehicles traveling the same route. Based on this, we adjusted
Hardey Engineering&Assoc., Inc.
Russ Dale-Clay Street
0264-03-01
Dale-Clay Street TI -Page 2 November 9,2001
our distribution to shift these vehicles so they traveled east from the project to Tolman Creek,
directly accessing Tolman Creek via Abbott. The second part of this issue is the vehicles leaving
the project, traveling south on Clay, and turning east on Highway 66, as well as the vehicles
• making the reverse movement. It could be assumed that some of these trips would also use
Abbott. When we met with the City, it was agreed that 50% of these movements should be moved
to the Abbott connection. This project distribution can be seen in Figure 3 at the end of this
r report.
One of the items you requested us to analyze was the total impact to Abbott. We contacted the
City of Ashland Planning Department to determine what the design capacity for this roadway is.
They informed me that the roadway is listed as a Residential Neighborhood Collector, with an
ADT range of 1500-5000. Our analysis shows that the existing ADT ranges from 778-907, based
on our road tube counts. Based on our distribution, the existing plus proposed ADT for Abbott
are 843-972. As can be seen, this level is well below the range anticipated for this roadway, and
reaching roadway capacity is not an issue at this time.
Based on the site plan given to us by you, there are two proposed accesses onto Clay Street. For
the purpose of this study, we did not analyze two separate intersections, but rather, one access
onto Clay Street. As can be seen in Table 3, the Levels of Service are acceptable with higher
volumes using only one access. If the volumes were spread between two accesses, the Level of
Service would be even better.
EXISTING PLUS PROJECT CONDITIONS
The next step in our analysis was to add the project trips shown in Figure 3 to the intersection
turning volumes shown in Figure 2, which were taken from our intersection counts. These new
volumes, (Figure 4) indicate the condition which could be expected after the proposed project is
. built. We then ran these numbers through HCS. Our analysis has shown that all intersections
continue to operate at acceptable Levels of Service as can be seen in Table 3.
TABLE 3 - Levels of Service
Intersection Existing Existing+Project
Highway 66/Clay C(C) C(C)
Clay/Creek A(A) A(A)
Clay/Project Access n/a A(A)
E. Main/Clay B(B) B(C)
E.Main/Crocker B(B) B(B)
E. Main/Tolman Creek B(B) B(B)
Tolman Creek/Abbott A(B) A(B)
A.MLOS(P.M. LOS)
Hardey Engineering&Assoc.,Inc.
Russ Dale-Clay Street
0264-03-01
Dale-Clay Street TIS-Page 3 November 9,2001
13 �
LANE WARRANTS
In addition to LOS, we analyzed the intersections for left and right turn lanes. Our left turn lane
analysis was based on Table IX-15 in the AASHTO Geometric Design Manual. Our right turn
lane analysis was based on the methodology in the TRB's Intersection Channelization Design
Guide. Our analysis has shown the following information:
TABLE 4 - Lane Warrants
Intersection Left Turn Lane Right Turn Lane
existing existing+project existing existing+project
Highway 66/Clay eastbound to northbound currently taper-westbound taper-under
exists to northbound existing warrant
Clay/Creek none none none none
Clay/Project Access n/a none n/a none
E. Main/Clay none none taper-eastbound taper-under
to southbound* existing warrant*
E. Main/Crocker none none none none
E. Main/Tolman Creek none none lane-eastbound lane-under
to southbound existing warrant
Tolman Creek/Abbott none none none none
*-this location has enough width at the intersection to be functioning as a right taper lane
As can be seen, there are three locations that are warranting right turn lane facilities, two tapers,
(Highway 66/Clay, E. Main/Clay,)and one right turn lane (E. Main/Tolman Creek.) All of these
warrants are under existing conditions, and meet turn lane criteria regardless of your project.
However, even though the intersection of E. Main/Clay warrants a right turn taper, the design of
the intersection has provided enough width that drivers are using the shoulder as a turn lane
already.
ACCIDENT DATA
We have analyzed our key intersections for accidents as requested by the City. We were only able
to obtained our accident data from ODOT. The City of Ashland was unresponsive to our
requests. Below can be seen the accidents at these intersections from 1/1/91 to 12/31/00.
Hardey Engineering&Assoc.,Inc.
Russ Dale-Clay Street
• 0264-03-01
Dale-Clay Street TIS-Page 4 November 9, 2001
f37
TABLE 5- Accidents
1991 1992 1993 1994 1995 1996 1997 1998 1999 2000
- Highway 66/Clay 0 1 0 0 1 1 1 0 0 3
Clay/Creek 0 0 0 0 0 0 1 0 0 0
E. Main/Clay 0 0 1 0 0 0 0 0 1 0
E. Main/Crocker 0 0 0 0 0 0 0 0 0 0
E. Main/Tolman Creek 0 0 0 0 : 0 0 0 0 0 0
Tolman Creek/Abbott 0 0 0 0 0 0 0 0 0 0
As can be seen, the accidents,are relatively low at these intersections.
SIGNAL WARRANTS
We have also analyzed our intersections for signal warrants. Our analysis is based on the
methodology in the MUTCD, Section 4C, specifically warrants 1(minimum vehicular volume,) 2
(interruption of continuous traffic,) 6 (accident experience,) 10 (peak hour delay,) and 11 (peak
hour volume,) which are standard warrants to analyze. Based on our analysis, there are no signals
warranted at this time.
CONCLUSION
It is our opinion that this project will not have noticeable negative impacts on the roadways
surrounding the project site- LOS, accident data, and signal warrant data indicate that these
intersections are functioning acceptably. We have shown that there are a couple right turn tapers,
and one right turn lane which is warranted under existing conditions, but at least one of these is
virtually in place already.
If you have questions or need further clarification, please let us know.
r `
Sincerely,
v
John L. Hartley, P.E., P.L.S.
President
Summer Hardey
Traffic Engineering Technician
HARDEY ENGINEERING& ASSOC., INC.
Hardey Engineering&Assoc.,Inc.
A Russ Dale-Clay Street
0264-03-01
Date-Clay Street TIS-Page 5 November 9,2001
i
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LEGEND
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AM(PM) PEAK HOUR VOLUME
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Associates, INC. SITE L❑CATI❑N
1600 H A E Medford,Sky Park Drive, Suite E
Medford, Oregon
EnacierEaatt 97501-01 24
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1� 10(20) DIRECTION OF TRAVEL/
) f 11L AM(PM) PEAK HOUR VOLUME
Hardey Enghwing ERE Associates~ INC. FFIC
o 1600 Sky Pork Drive. Suite E 7�+�, Medford. Oregon EMENT VOLUMES
` \ 97501-0124 EVEL❑PEMENT
r (541) 772-6880
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Harc4s Y �9 E per ing &
FFIGURE Associates, INC. TRAFFIC
1600 Sky Pork Drive, Suite E g RN E Medford, Oregon MOVEMENT VOLUMES
ENCNE,N wrtcnin 97501-0124(541) 7x72-6680 E DEVEL❑PEMENT
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Hardey Engineerng 8
F
IGURE 4
Aswciates, INC. EXISTING + PROJECT
600 Sky Park Drive, Suite E
Medford, Oregon TURNING MOVEMENT VOLUMES
tncwmewc lraccrett 97501-0124
/ (s4,) 772-6880 BUSS DALE DEVEL❑PEMENT
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1 104 VALLEY VIEW AVE.
AREA CODE 541 - 535-1529 P.O.BOX 467
TALENT,OREGON 97540
November 5, 2001
Russ Dale
585 Allison Street
Ashland, Oregon 97520
Re: 39-1E-1 1CB Tax Lot 1000 containing 4.4 acres —Account#6120
Dear Mr. Dale:
This letter is in regards to property you will be developing for Katherine McMurtrey and
Lester Zimmerlee located at 250 Clay Street.
The District has requested that the following stipulations be addressed before
development begins:
1) The water rights on the property will need to be transferred to the District.
The necessary paper work has been included. The current years, 2001-2002,
charges of$263.00 will have to be paid before transfer can be completed.
2) The existing pipe will need to be upgraded with an 8 inch, class 125 pvc pipe.
3) If an easement was not recorded, the easement existed by prescription. The
District requests that the Landowner provide a written easement in favor of
the District that replaces the prescriptive easement. Said easement can be
recorded on the Subdivision Plat Map.
4) No buildings or deep-rooted plants within the District easement, 7.5 feet either
side from center of pipeline for a total of 15 feet.
Once all of the conditions have been met the District will present a letter to the Planning
Commission stating that these recommendations have been satisfied prior to the Planning
Commissions final approval.
If you have any further questions, please the District office a call at 535-1529.
Sincerely,
Jim Pendleton, Manager
�3' NOV 9 200:
NORTHWEST BIOLOGICAL CONSULTING
1 HABITAT RESTORATION -ENVIRONMENTAL PLANNING Cal. Engineering Contractors Lic. #599428
1
1 .
1
1
1 April 18, 2002
1
1 Division of State Lands, Wetlands Program
1 Attention: Jennifer Goodridge
775 Summer Street,N.E., Suite 100
Salem, Oregon 97301
Ph. (503) 378-3805
1
Dear Jennifer:
I
Attached is the wetland delineation report for the East Village Housing Development,
located in the City of Ashland,Jackson County. As I mentioned earlier in our telephone
conversation, I had previously sent two copies to DSL back in early March. I sent it to zip
code 97310, which is indicated on the front of the Joint Fill and Removal Application,
which is attached for your records. Apparently the current zip code is 97301. You did
not receive either copy, which has delayed the review process for around six weeks. You
indicated that you would expedite your review based on the delineation being sent to
DSL on March 6th,2002.
Also, Bob Lobdell visited the site on April 17th and reviewed the wetland and a draft
mitigation plan. Would you please.pass the attached Joint Permit Application and
Mitigation Plan along to Mr. Lobdell for,his inspection. Thank you for your prompt
attention to this project.
Copy of this letter and the Joint Fill and Removal Application and Mitigation Plan should
be forwarded to Mr. Bob Lobdell of your office.
Sincerely
Scott English,Principal
P.O. Box 671 324 Terrace Street • Ashland;Oregon 97520 (503) 488-1061
WETLAND DELINEATION/DETERMINATION REPORT COL.' ORM
This form constitutes a request for a jurisdictional determination by the Division of State Lands and must be attached to the front
of reports submitted to the Division for review and approval.
Oregon DMslon of State Lands
Attn.:Wetlands Program Leader
778 Summer Street NE,Suite 100
Salem OR 87301-1278
wrier Name irm and Address:s: Business phone#tfApplicant 0 f e(e
izu SS �(e r/o 1p e j' i e s 3
p Home phone#(optional)
E-mail:
❑ Authorized Legal Agent: Business phone#
Name and Address: 4E-mail:
The information contained in the attached report is true and accurate to the Aker own the p rty descr bed
below or I have legal authority to allow access to the property.I authorize th property f purpose of
confirming the Infornation I report,after erlor notification to the primary
Typed/Printed Name: /S C p 4/�= Sign
Date: Spedalinsftctionsregbrdingefteacoess:
Project and Si Information(for faetude&longitude,use wntrotd of site or start&end points of linear ied
r o �
P �
Project Name: f V't A Latitude: 0 n O Longitude: 22 4J-O
Proposed Use: V Tax Map#
7�a� l o°b
Project Street Addr as(or o er cl�criptive IocatioA): Township '3q S Range c Section j QQ
znS h 0 D 01 'jO /tta/t Tax Lots W L)
terway: River Mile:
cipf, County, d
Wetland Delineation Information
Wetland Consul at_nt N rpe, F* and Address: Phone# �(- gg—[ p(p
Sc 0� t.-h (f$li FAX#
OF S( tp(o t� ( ��( (-t'Ay E-mailaddress:
Primary Contact for report re tew nd s a is onsultant X ApplicantlOwner ❑ Authorized A ent
Date of Delineation Report: Wetland/Waters Present? Total She Acreage:
O U Z Yes ❑ No Total Wetland Acreage: r 3
Other Information
Yes No Unknown
Is any of the property crop land? ❑ )8� ❑
If yes, is Applicant/Owner a USDA Program Participant? ❑ ❑ ❑
If yes, has a NRCS Form 026 been completed for the site? ❑ ❑ ❑
Does Local Wetlands Inventory, if any,show wetland on parcel? ❑ ❑
If yes, LW I wetland code: pr= M r
Has a previous delineation/applica�n been made on parcel? ❑ ❑
If applicable,previous Division of a Lands#
NWI Quad Name(s): �.S ILt b4 Site Zoning:
For Office Use Only
`Corps Project# DSL''W69and M r ?r fP` DSL W D#
t k 93
Date Delineation n,� t'e Y ar i DSL Prf)jeCt
ryYt +y.,5tsi xe" f .� YF �'� t'v ' hrµ 'i 7.+'t -sits zne .ya S4
Date Review ComQteted _° / � f '"y ,ffi ed'Case tyumljer(s) r k a
Site Description and Background.
The project site is located in the city of Ashland,east of Clay street and west of Tolman
Creek road, and is adjacent to the Chautauqua Trace Subdivision, along the westward
extension of Abbott street. The entire project and study area is approximately, five acres
' in size. Please refer to the attached project location map, and other maps and aerial
photographs for more details
The landscape setting consists of a fairly flat, and slightly undulating horse pasture that is
bisected by a shallow swale, located along the easterly portion of the property. The swale
collects flood irrigation and storm run-off water from upslope sources. The vegetation
consists of typical pasture grasses, such as bluegrass and fescue, which are utilized for
grazing by a small number of horses. The plant community found in the drainage swale
is comprised mostly of species such as velvet grass, soft rush, and Kentucky bluegrass,
with some cattails and spearmint. Several small willow trees are located along the
northeast comer boundary of the site. The site is approximately 1950 feet above mean sea
level. Please refer to the attached USGS topographic map, and KAS engineers map for
more details.
The site has historically been part of"Buds Dairy"and the land was used as pasture for
dairy cows. Irrigation water was supplied to the site via a Talent Irrigation District(TID)
ditch. The land is now being used as pasture for horses, and TID water continues to flood
irrigate the pasture. Refer to the hydrology map for more details.
The adjacent land use on the north, and south consists of small farm pastures, which
support horses. The east boundary is the Chautauqua Trace residential development, and
the west borders residential housing along Clay street.
The land is currently located outside the city limits of Ashland and is zoned as rural
residential, RR-5,in Jackson County. This parcel is proposed for re-zoning as suburban
residential R-1-3.5, in Ashland. The applicant proposes to extend Abbott Ave to the west,
and build a residential subdivision called East Village. The proposed development will
impact existing wetlands,which necessitates the completion of a wetland delineation.
General Wetland Description
Palustrine Emergent Seasonally Flooded (PEMC) wetlands are located on the site, as
indicated on the National Wetlands Inventory(NWI)map (see attached). These wetlands
also extend upslope and offsite as illustrated on the attached hydrology aerial photograph.
The wetlands occur within a natural swale that collects upslope flood irrigation water and
storm runoff. A TID control structure shunts water to the site according to the irrigation
schedule. A series of shallow ditches spreads the irrigation water over the parcel. The
boundaries of wetland/non-wetland are characterized by the slopes of the swale, and
natural site topography. See attached photograph of the swale and wetland.
/ 444 2
1
1
1
1
1 Description of Site Alterations
1
Irrigation water is delivered to the site via a TID control structure, and then a series of
shallow ditches spread the water around the pasture. The water flows down the swale and
1 through the ditches and collects at the northeast corner of the site. A buried 16"pipe
collects the water at the property comer and transports it down-slope to adjacent
properties, where it is used to maintain two small off-site wetlands. The TID structure
and ditches have been used on the property for many years. 'Please refer to the
hydrology/wetlands aerial photograph for more details.
1
1 Methods and Rational
1 The Army Corps of Engineers 1987 Routine Method for delineation areas under 5 acres
was used. Vegetation, soils and hydrology information was collected from 13 data plots.
1 13 Paired plots were established along the slope break to determine the boundary
between wetland and upland. Information on soil characteristics was obtained from the
Jackson County Soil Inventory. The depth of the hand dug data plots was 22 inches(See
data plot location map/aerial photograph for details). A Munsell color chart was used to
► identify soil color.
I
Hydrology data was obtained from TID and from site investigations. The flow in the
swale was measured at a nearby downstream location,which was approximately 50
gallons per minute on February 22"d. Precipitation data was obtained from the North
i Mountain Park weather station in Ashland.
i
i The National List of Wetlands Plant Species That Occur in Wetlands: Northwest(Region
9)was used to assign indicator categories to vegetation. The Jepson Manual of Hjgher
'
Plants of California and other botanical guides were used to identify the vegetation.
In addition the following sources of information were used:
• Corps of Engineers Wetlands Delineation Manual (1987)
• Natural Conservation Service Soil Survey of Jackson County
• National Wetlands Inventory Map for Ashland, Oregon
• Smart Maps and Aerial Photographs of Jackson County
• KAS Engineering Topographic Map and Wetland Survey
• Precipitation Data from the North Mountain Park Weather Station
• USGS Topographic Map
• Conversation with local landowner
Information from Talent Irrigation District
�'� 7 3
r _
r
r
1 Data forms were filled out for each of the 13 data plots, in terms of vegetation, soils and
1 hydrology. Plots that indicated a dominance of hydrophytic vegetation,hydric soils, and
hydrology indicators met the criteria for Preliminary Jurisdiction Determination(PJD).
1 Six of the 13 data plots met the criteria for wetlands (plots 2,4,6,8,10, &12), and the
1 remaining 7 plots indicated an upland condition. The boundary between upland and
1 wetland was drawn between paired plots that reflected wetland or upland characteristics.
Refer to the attached 13 data sheets and the data plot location map for more information.
1
1 The boundary of the wetland was flagged in the field after reviewing the plot data. KAS
1 Engineering and Friar Surveying completed the surveying and mapping of the wetlands
1 based on the field flagging of the wetland boundaries. They also calculated the area of the
wetlands as .31 acres. There are no other waters of the state on the property,other than
1 the previously described wetland swale. The wetland map accuracy was within
1 professional land surveying standards. Refer to KAS wetland map for more details.
1 Field investigations took place on January 19d, February 3rd. The site was photographed
1 on March 6th. There was .06 of precipitation recorded on January 19th,and none on
1 February P. There was very little precipitation recorded in Ashland in the two-week
1 period following the field investigations. Please refer to the attached climatatological data
for more details.
1
1
1 Results and Conclusions
1
1 Vegetation: The irrigated agricultural land in question contains a plant community
1 lying within a drainage swale that is dominated by hydrophytic species which are mostly
introduced pasture grasses including Holcus lanatus; velvet grass (FAQ,Alopecurus
1 pretenses;meadow foxtail (FAQ, and Poa pratenses;Kentucky bluegrass(FAQ. Also
1 included in this emergent wetland community are sedges and rushes including Carex
1 leporine; hare's foot sedge(FACW),Juncus effuses; soft rush(FACW), and some Typha
1 angustifolia,cattails (OBL), and Mentha spicata;speamvnt(OBL). Festuca arundinacea;
tall fescue(FAC-)is commonly found as a dominant species along with the hydrophytic
1 species. Data plots 2,4,6,8,10, and 12 reflect a dominance of hydrophytic vegetation.
1 Refer to the attached data sheets,maps and aerial photographs for more information.
1 Outside of the drainageway,the tall fescue becomes the most dominant species present in
1 an upland grass-forb community. Many of the species that are dominant in the previously
1 described wetland community are present as a non-dominant component of this upland
' community. Included also in this community are weedy forbs including Cirsium arvense
bull thistle(FACU+),and Lamium amplexicaule; dead nettle(NOL).
1
1 Note: It is possible that some species were not seen or identified due to the fact that these
1 field visits occurred during the winter.
4
1
Soils: The Natural Resources Conservation Service Soils Survey for Jackson County
indicates that the soil mapped on the property is I OOA-Kubli loam, 0-3 percent slope.
This soil type is not listed as hydric. Kubli loam is a very deep, somewhat poorly drained
soil that occurs on stream terraces. This is an alluvial soil derived primarily from granitic
rock and is underlain by claey sediment. Typically, the surface layer is very dark brown
loam aabout 9 inches thick. The next layer is very dark grayish brown loam about 6
inches thick. The subsoil is dark grayish brown about 16 inches thick.
The 6 data plots in the swale indicated the presence of hydric soil conditions and
typically had matrix colors of l OYR 3/1 and l OYR 4/1. Some slight mottling was also
noted in the soil horizon. Data plots 2,4,6,8,10, and 12 met the hydric soil indicator
criteria The remaining plots indicated upland soil conditions. Please refer to the attached
data sheets and maps for more information.
Hydrology: The property receives storm-water runoff and TID irrigation water during
the growing season, which extends from April through September. TID delivers the
irrigation water from a control structure,which is located on the property (see hydrology
photo/map). The water is spread over the pasture via a series of shallow ditches. Much of
the flood irrigation water drains into the swale near the east boundary and provides some
of the hydrology for sustaining the wetland vegetation. In addition, storm-water runoff is
collected on site and from a connected adjacent swale, which also flows into the Swale on
site,thus providing a source of water not associated with the irrigation season. Standing
and flowing surface water and other hydrology indicators were noted throughout the
swale drainage area and those findings are indicated on the data sheets for plots
2,4,6,8,10, and 12. Refer to the hydrology/wetland maps and aerial photographs for more
information.
Findings
There is a .31 acre Palustrine Emergent Seasonally Flooded Wetland (PEMC)(which lies
within the project area Plots 2,4,6,8,10, and 12 all indicated the presence of hydric soils,
hydrology and hydrophytic vegetation. The wetland boundary is flagged in the field and
noted on various maps and aerial photographs as indicated previously.
Preliminary Jurisdictional Determination
"This report documents the investigation, best professional judgment and conclusions of
the investigator. It should be considered a Preliminary Jurisdiction Determination and
used at your own risk until it has been reviewed and approved in writing by the Oregon
Division of State Lands in accordance with OAR 141-090-0005 through 141-090-0055."
/ �9 5
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.07 TY / COUNTY PLANNING DEPARTMENT Av WIT
(to be completed by local planning official)
OThis project is not regulated by the local comprehensive plan and zoning ordinance.
OThis project has been reviewed and Is consistent with the local comprehensive plan and zoning ordinance.
OThis project has been reviewed and is not consistent with the local comprehensive plan and zoning ordinance.
0 Consistency of this project with the local planning ordinance cannot be determined until the following local
approval(s)are obtained:
O Conditional Use Approval 0 Development Permit
O.Plan Amendment 0Zone Change
WM Other AV&
ica ' n has p has not been made for local approvals checked above.
i na o local planning official) Title City/ ounty Date
® COASTAL ZONE CERTIFICATION
If the proposed activity described to your permit application Is within the Oregon coastal zone, the following
certification Is required before your application can be processed. A public notice will be Issued with the certification
statement which will be forwarded to the Oregon Department of Land Conservation and Development for Its concurrence
or objection. For additional information on the Oregon Coastal Zone Management Program,contact the department at 1175
Court Street/NE gon 97310 or call 503/373-0050;
Certification Statement
I cebest of my knowledge and belief,the proposed activity described in this application complies
with the ap Coastal Zone Management Program and will be completed In a manner consistent with the
program.
cant Signature Dote
SIGNATURE FOR JOINT APPLICATION
(REQUIRED) .
Application Is hereby made for activities described herein. I certify that I am familiar with the information.contained in
theappfication,and"a the best of y knowledge and belief,this Information lsfrue,complete,and accurate. l further certify
that I pass e a ority to and rtake the proposed activities. I understand that the granting of other permits by local,
coun ate or fe erai agencl does not release me from the requirement of obtaining the per Its re uested before
co encing ject. I u erstand that local permits may be required before the state remo I-fill errnit is issued. I
u erstan at ent a required state processing fee does not guarantee permit{ssuan
pileanI Signature
i
I certify that I may act as the duly authorized agent of the applicant.
nt Signature Authored Age g e ��/ Date
/PPLEMENTAL WETLAND IMPACT INFORMAV
(FoR WETLAND I'm ONLY)
Site Conditions of impact area
Impact area Is O Ocean O Estuary O River O Lake O Stream Freshwater Wetland
Note: Estuarian Resource Replacement is required by state law for projects involving intertidal or tidal marsh alterations.
A separate Wetlands Resource Compensation Plan may be appended to the application.
Has a wetland delineation/been completed for this site? Yes O No /
If yes, by whom: Iq O� ` WeS—f �iOltv� Gal CohSgff(/1q ���ff der 2ooZ-
pA,(S`fl� L-e �-[oCel v
Describe the existing Physical and biological character of the wetland/waterway site by area and type of
resource(use separate sheets and photos,If necessary)
'[-A, -qA:5+' k �.,)e't(4� i s �a f~c.e -fel,,�� as �C • 3� AE/e ��l�/J�.
Ve. t,:-e-t`(Qay ocgFl-5
VJ-e- -�e446�r � Sses 15om,(( 19,cKe45 of No ofm,4
L4)A4-e t P/ es eti-�: ��a tir4ti �s and S-'11keZ s a/-e
se u F t-'L vJ a l l r�s o% ��e /(, .Cod*?.e l(t Y/of�e PR, r �F s�;(mss h o fe/d�
e S Lia5 GC Zalt �/�iy �
Co,J S u Ag � v rSes . �� r ��-E(4 t�(s ✓�� e �hey cl P.rf(( "("Z'�V
Resource Replacement Mitigation
Describe measures to be taken to replace unavoidably Impacted wetland resources
Ce h,e< f J e-1 la ct!S 1 ) : 1. C/-ea—1 ed Co. i
-ja l-eplacQ -f/e, 0/- (5'8 /
QcidcfCpt� [YJ
-24`54 IV �Je (7atid, �hE , �'Pii e4fiNCA-i � �/1� I`a fI. SS -tp !
k) -t-ahj Fla�/h- -5 (JtMSs-es I � '4' 1 °�c. "1; L( s";t/OVW/
CtVk, Rz<54 I,J/zc—E(asW gti� -tbqhS�l�FA46*` -7f0
-'w o C f"ea—�ect' 1�✓2-{Z e A4' .
-FA-e- C /-ea'4d w ; l I
l ,`�.eaJ&z* ak,( ekAe A-F 1,ve�alLdI1s Ch==M C) a5 -tl(e_
ah� r,),C( q6o thc(u�e are r,�en
{�'PaFJa' eyekkeA.4-3 -fhA4 wPie h04 z9a14 a(
hair-EAf,
�'eC-e�.. -tb Nit-t��a-(��. DI�c�J1•ys ��-- �w� c�-P�(�'�S.
Because this Information is not necessary for a complete application,you may submit this sheet and other environ-
mental Information after submitting your application. 1.5
?OSED PROJECT PURPOSE & DESCRIPTION
?roject Purpose and Need:
t`X-Fehd aLiRhu2 ahJ ev,:10ahZ A&q- ' d2ueloeorne,%-�
* pt-zu d.e, f-es;41.4r4 1 AvLi5 , h6_ 4hd
project Description:
�'jor., ��,og7Rcf �• 31 a.cl-e PeMe r,Je-Eajd ijit( 6Q
F•Iled _ Lt,, A 'fo aI11c) (Z F �e horts�h4 c{2ue(oPme�-f . Ttr¢o
CC Ynel- f+ /-e Co/,5-VEfK criew --to
� tY �/'e' �VSS of `-El,.e. �r'.S"f'r`/✓J r.,)e--�(as�. Z11e. �'til'a
1-ePla.ce, mea-E c,1e-E-latic�s "to-Eat' Q. ��(/tE� ache-s a� c,t ;tl /�
J oca-f erg. oh s �' f� t ao ' ceA4 zfo -tXz eu t-Fe/,4 L-J e-i-Eand(. 7A,e_ .
C f-ea4ee cJ�La ti d s t,),'l i h c1gA- Q-rne�l,-E L),q - tv-&, a>,( O&A A�Jx-l-eN
-low many project drawing sheets are included with this application? -?—d ,,xg g + l oco.-&-vh S
NOTE:A complete application must Include drawings and a location map submitted on separate 8'/=X 11 sheets.
0 PROJECT IMPACTS AND ALTERNATIVES
describe alternative sites and project designs that were /consld/ered to avoid impacts to the waterway or wetland.
• Seuehz( oP4.-7o 5 hJP/ 2 Co�SfdPhPd j i/�C�uc�i'hy �f'fUE�v�i M W e (e t
06. q jace%f
Sr zne off/ fie /�R/ce� ��k1\,,4d -4/ie oP-Eris (? f, Plecr%� e
�k Cf ). q/icf Iko t-e tircr(d o-f<et, ACCeSs
-to .`t/e A0K5-25.
Describe what measures you will use (before and after c mtruction)to minimize Impacts to the waterway or wetland.
62
6r(j�r'h� G/C.�I ��!
WZP- {and P11045 arJ Ae4oh�
�
VOTE: If necessary.use additional sheets.'
MISCELLANEOUS INFORMATION
4doining Property owners and Their Addresses and Phone Numbers
Jst all other approvals or certificates received,applied for,or denied that are related to this application.
swing Agency Type of Approval Identification Number Dates of application / Approval /Denial
1��
( �L' O F
(11�eL) Ivak JOINT
0
PERMIT APPLICATION FORM
U S Army Corps Z
of Engineers THIS APPLICATION WILL MEET THE REQUIREMENTS OF BOTH AGENCIES
Portland District 7.8.5.9
> I
Corps Action ID Number Oregon.Division of State Lands Number
Ad
,ate Received Date Received
District Engineer Q / h State of Oregon
e
ATTN:CENPP-PE-RP `/, ((�� ( v (vision of State Lands
P O Box 2946 V C / 775 Summer Street NE
Portland, OR 97208-2946 1 Salem OR 97310
503/3726 7730 J V 3 RD 4j'it Q 503/378-3805
0 Applicant Name f'�.U S-S Qu te- business phone# q Z,-2615-3
and Address S 8 S AA-1 1 9 011 �j�
hd ' 7S2-0 home phone#
J Authorized Agent nSw� CO f—{ ! C h�q' I I's business phone#
XContractor No(- [�iWeS'[' 1&z (0 _"t C.oGSe!(fi�
Name and Address Z--c hha CQ, fY f 1;S1% kA Ob home phone �l 20a
Properly Owner M/u business phone#
'if different than applicant) 8 Lf>3 G(e6Hba[L A 1/-e
Name and Address p g / (Qhd t ap- 7�� home phone#
PROJECT LOCATION
;;reet, Road or other descriptive location Legal Description
Quarter Section Township Range
�oa slok qi-) Yq Sw !l 39s I (=—
or Near(City or Town) County Tax Map# Tax Lot#
S A a JKG1(::3Vk 311 oo0
::oterway River Mile Latitude Longitude
h CFcek Ll)0.legel - t 3oH ( 22 o IF
s consent to enter property granted to the Corps and the Division of State Lands? Yes 0 No
2) PROPOSED PROJECT INFORMATION
Activity Type: }°t Fill 0 Excavation (removal) 0 In-Water Structure 0 Maintain/Repair on Existing Struc-
5r:e! Description: � �.2ofrl r) &=X� L-V 4!W/.
Fill will involve cubic yards annually and/or _ �i�i. cubic yards for the total project
'ill will be 0 Riprap 10 Rock 0 Gravel 0 Sand 0 Silt Clay 0 Organics XOther
'ill impact Area is 0. ' Acres: ---36 �j �f
_ width; ��' .� depth
Removal will involve cubic yards annually and/or cubic yards for the total project
Removal will be 0 Riprap 0 Rock 0 Gravel 0 Sand 0 Silt Q Clay (D Organics 7 0 Other
Removal Impact Area is 17). 1!)A'7 Acres; 3 A length: L�o � width; �_ depth
:srmated Start Date -00Z Estimated Completion Date �`ew?n it- 2onZ,
Mil any material,constructi debris,runoff,etc. enter a wetland or waterway? 0 Yes ® No
f yes,describe the type of discharge and show the discharge location on the site plan.
Attachment A
` State Application No. 25411-FP
Page 3 of 3
The following conditions apply to the actions described in the Mitigation Plan,
dated July 31, 2002.
8. On-site compensatory mitigation for the loss of 0.087 acres of PEM wetland shall
consist of creation of 0.144 acre of wetland.
9. 0.144 acre of created wetlands shall meet the soils criteria specified in the 1987
Army-Corps of Engineers Wetland Delineation Manual.
10. Prior to any site grading, the surveyed boundaries of the wetland mitigation area,
and the avoided wetlands, shall be surrounded by silt fencing or bright orange
construction fencing at all times during construction of the project.
To be deemed successful, the mitigation areas shall meet the following success
criteria.
11. 0.144 acres of created wetlands shall meet the soils criteria specified in the 1987
U. S. Army Corps of Engineers Wetland Delineation Manual. Hydrology data shall
be taken in April of each year.
12. 0.144 acres of created wetlands shall meet the soils criteria specified in the 1987
U. S. Army Corps of Engineers Wetland Delineation Manual.
13. Planting of the mitigation area shall follow specifications outlined in the mitigation
plan. Year 1 shall exceed 70% survival. Year 2 shall exceed 80% survival and
year 3 shall exceed 90% survival of planted species by counting.
14. The permittee shall monitor the mitigation site to determine success for a minimum
period of 3 years. The annual monitoring report is due by December 1 of each
year and shall include the.following information:
• Permit number
• Permittee's name
Project name
• Impact and mitigation site location map(s)
A brief narrative that describes maintenance activities and recommendations
to meet success criteria.
Documentation that the success criteria listed in condition(s) is being met.
• Photos from fixed photo points.
Other information necessary or required to document compliance with
mitigation plan.
August 2, 2002
JAttachmentAwestiASTP Fill PermitsN25411-FP.doc
L�
Attachment A
` State Application No. 25411-FP
Page 2 of 3
a) Place fill in the water using methods that avoid disturbance to the maximum
practicable extent (e.g. placing fill with a machine rather than end-dumping
from a truck).
b) Prevent all construction materials and debris from entering waterway;
c) Use filter bags, sediment fences, sediment traps or catch basins, silt curtains,
leave strips or berms, Jersey barriers, sand bags, or other measures sufficient
to prevent movement of soil;
d) Use impervious materials to cover stockpiles when unattended or during rain
event;
e) Erosion control measures shall be inspected and maintained daily to ensure
their continued effectiveness;
f) No heavy machinery in a wetland or other waterway;
g) Use a gravel staging area and construction access;
h) Fence off planted areas to protect from disturbance and/or erosion; and
i) Flag or fence off wetlands adjacent to the construction area.
Erosion control measures shall be maintained as necessary to ensure their
continued effectiveness, until soils become stabilized. All erosion control structures
shall be removed when project is complete and soils are stabilized and vegetated.
3. HAZARDOUS, TOXIC AND WASTE MATERIALS. Petroleum products, chemicals,
fresh cement sandblasted material and chipped paint or other deleterious waste
materials shall not be allowed to enter waters of the state. No wood treated with
leach able preservatives shall be placed in the waterway. Machinery refueling is to
occur off-site or in,a confined designated area to prevent spillage into waters of the
state. Project-related spills into water of the state or onto land with a potential to
enter waters of the state shall be reported to the Oregon Emergency Response
System (OERS) at 1-800-452-0311.
4. All exposed soils shall be stabilized during and after construction in order to
prevent erosion and sedimentation.
5. . If any archaeological resources and/or artifacts are uncovered during excavation,
all construction activity shall immediately cease. The State Historic Preservation
Office shall be contacted (phone: 503-378-4168).
6. Issuance of this permit is contingent upon acquisition of the required approval from
the city of Ashland.
7. The Division of State Lands retains the authority to temporarily halt or modify the
project in case of unforeseen damage to natural resources.
The following conditions apply to the actions described in the Mitigation Plan,
dated July 31, 2002.
,jSG
1
ATTACHMENT A
Permittee: Russ Dale
Special Conditions for Fill Permit No. 25411-FP. PLEASE READ AND BECOME
FAMILIAR WITH CONDITIONS OF YOUR PERMIT. This project may be site
inspected by the Division of State Lands as part of our monitoring program. The
Division has the right to stop or modify the project at any time if you are not in
compliance with these conditions. A copy of this permit shall be available at the
work site whenever authorized operations are being conducted.
1. This permit authorizes the placement of up to 356 cubic yards and removal of up to
356 cubic yards of fill in T39S, R1 E, Section 11, Tax Lot 1000 in wetland, in
Jackson County, as outlined in the attached permit application, map and drawings,
dated July 31, 2002.
This permit also authorizes removal and fill activities necessary to complete the
required compensatory mitigation.
2. TURBIDITY/EROSION CONTROLS. The authorized work shall not cause turbidity
of affected waters to exceed 10% over natural background turbidity 100 feet
downstream of the fill point. For projects proposed in areas with no discernible
gradient break (gradient of 2% or less), monitoring shall take place at 4 hour
intervals and the turbidity standard may be exceeded for a maximum of one
monitoring intervals per 24 hour work period provided all practicable control
measures have been implemented. This turbidity standard exceedance intervals
applies only to coastal lowlands and floodplains, valley bottoms and other low-lying
and/or relatively flat land.
For projects in all other areas, the turbidity standard can be exceeded for a
maximum of 2 hours (limited duration) provided all practicable erosion control
measures have been implemented. These projects may also be subject to
additional reporting requirements.
Turbidity shall be monitored during active in-water work periods. Monitoring points
shall be at an undisturbed site (representative background) 100 feet upstream from
the turbidity causing activity (i.e., fill or discharge point), 100 feet downstream from
the fill point, and at the point of fill. A turbidimeter is recommended, however,
visual gauging is acceptable..Turbidity that is visible over background is
considered an exceedance of the standard.
Practicable erosion control measures which shall be implemented, as appropriate,
include but are not limited to the following:
*r7
Division of State Lands Permit No 25411-FP
775 Summer Street NE, Suite 100 Permit Tj, Fill
Salem, OR 97301-1279 _ aterway: Bear Creek
^m 503-378-3805 tcounty: Jackson
'Expiration Date: August 2, 2003
Most law un,
Corps No.: 2002-00292
S
IS AUTHORIZED IN ACCORDANCE WITH ORS 196.800 TO 196.990 TO PERFORM THE
OPERATIONS DESCRIBED IN THE ATTACHED COPY OF THE APPLICATION, SUBJECT TO
THE SPECIAL CONDITIONS LISTED ON ATTACHMENT A AND TO THE FOLLOWING
GENERAL CONDITIONS:
1. This permit does not authorize trespass on the lands of others. The permit holder shall obtain all necessary
access permits or rights-of-way before entering lands owned 4 other.
2. This permit does not authorize any work that is not in sauce with local zoning or other local, state, or
federal regulation pertaining to the operations autho ` permit. The permit holder is responsible for
obtaining the necessary approvals and permits be p mg under this permit.
3. All work done under this permit must comply i n Administrative Rules, Chapter 340; Standards of
Quality for Public Waters of Oregon. Sp i ter ality provisions for this project are set forth on
Attachment A.
4. Violations of the terms and conditi f s e ect to administrative and/or legal action which
may result in revocation of the a e p rmit holder is responsible for the activities of all
contractors or other operators` v w e site or under this permit.
5. A copy of the permit sh le w site whenever operations authorized by the permit are
being conducted.
6. Employees of the is State L d all duly authorized representatives of the Director shall be
permitted access to ject area at all reasonable times for the purpose of inspecting work performed
under this permit.
7. Any permit holder who objects to the conditions of this permit may request a hearing from the Director, in
writing, within 10 days of the date this permit was issued.
8. In issuing this permit, the Division of State Lands makes no representation regarding the quality or adequacy
of the permitted project design, materials, construction, or maintenance, except to approve the project's
design and materials, as set forth in the permit application, as satisfying the resource protection, scenic,
safety, recreation, and public access requirements of ORS Chapters 196, 390 and related administrative rules. .
9. Permittee shall defend and hold harmless the State of Oregon, and its officers, agents, and employees from
any claim, suit, or action for property damage or personal injury or death arising out of the design, material,
construction, or maintenance of the permitted improvements.
NOTICE: If removal is from state-owned submerged and submersible land, the applicant must comply with
leasing and royalty provisions of ORS 274.530. If the project involves creation of new lands by filling on state-
owned submerged or submersible lands, you must comply with ORS 274.905 - 274.940. This permit does not
relieve the permittee of an obligation to secure appropriate leases from the Division of State Lands, to conduct
activities on state-owned submerged or submersible lands. Failure to comply with these requirements may result
in civil or criminal liability. For more information about these requirements, please contact the Division of State
Lands, 378-3805.
Lori Warner, Manager
Western Region Field Operations
Oregon Division of State Lands U_9 August 2, 2002
Authorized Signature Date Issued
Salani\FOVF Uthmwim\P.it F.A. /�/�
F
Ygon1 Division of State Lands
e
C 775 Summer Street NE,Suite 100
Salem,OR 97301-1279
John A.KitrLaber,M.D.,Governor (503)378-3805
a FAX (503)378-4844
http://statelands.dsl.state.or.us
May 6, 2002 State Land Board
John A.Kitzhaber
Russ Dale Governor
Russ Dale Properties sill Bradbury
585 Allison Street Secretary of state
Ashland, OR 97520
Randall Edwards
Re: Wetland Delineation for East Village CBuds Dairy") Site, Ashland State Treasurer
T39S R1E S11BD TL 1000; DSL#WD 01-0613
Dear Mr. Dale:
I have reviewed the wetland delineation report for the above site prepared by Scott English of .
Northwest Biological Consulting and concur with his delineation and conclusions. The 0.31-acre
wetland Swale, as mapped and surveyed in the report, is subject to permit requirements of the
state Removal-Fill Law. A state permit is required for fill or excavation of 50 cubic yards or more
of material in the wetland areas.
This concurrence is for purposes of the state Removal-Fill Law only. Federal or local wetland
permit requirements may apply as well. The Army Corps of Engineers will review the report and
make a determination for purposes of Section 404 of the Clean Water Act. Please be advised
that state law establishes a preference for avoidance of wetland impacts. As I believe you
know, the permit coordinator for this area is Bob Lobdell, at extension 282.
This jurisdictional determination is valid for five years from the date of this letter, unless new
information necessitates a revision. Circumstances under which the Division may change a
determination and procedures for renewal of an expired determination are found in OAR 141-
090-0045 (available on our web site or upon request). A request for reconsideration of this
determination may be submitted in writing by the applicant, landowner, or.agent within 60
calendar days of the date of this letter.
Thank you for your patience with the initial difficulties and the review time. Please phone me at
extension 236 if you have any questions.
Sincerely,
�fiAM
\re Approved
Ja t C. Morgan, PWS Jo n *Direct
Wetlands Program Manager sis
cc: Scott English, Northwest Biological Consulting
Bob Lobdell, DSL
Mark Gronceski, Corps of Engineers
K:\Wetlands\Det-WN Letters\2001\01-0613.doc
l sq
Division of State Lands
111 775 Summer Street NE,Suite 100
Salem,OR 97301-1279
John A.riWaber,M.D.,Covemor (503)378-3805
FAX(503)378-4844
http://statelands.dsl.state.or.us
October 11, 2001
State Land Board
John A.Kitzhaber
MM/24706 Governor
RUSS DALE PROPERTIES Bill Bradbury
585 ALLISON Secretary of State
ASHLAND OR 97520
Randall Edwards
RE: DSL Application #24706
State Treasurer
Dear Mr. Dale:
We have received your application to develop residential housing in Section 11, Township 39S,
Range 1 E, Jackson County, Oregon. The Division of State Lands requires a permit if you plan
to remove, fill or alter 50 cubic yards or more of material within the banks of most waters of the
state. State designated Essential Salmon Habitat streams and State Scenic Waterways are
exceptions in that any amount of removal, fill or alteration typically requires a permit.
Based on your application,your project involves removal or filling of less than 50 cubic yards of
material in;;wetlands; therefore, no state removal-fill permit is required. It is our understanding
that the housing development project is currently on hold. Please be reminded that a wetland
j delineation is required if,development is planned for the site. It would be in your best interest to
conduct a wetland delineation as soon as possible and submit it to the Division for concurrence
purposes. The wetland impacts from this street extension project will be considered as part of
the housing development project impacts.
You must also receive authorization, when required, from the U.S. Army Corps of Engineers
and local planning department before beginning construction.
If you have any questions, please call Mike McCabe at 503-378-3805, extension 255, or by e-
mail: mike.mccabe @dsl.state.or.us .
Sincerely,
Lori Warner
Manager
Field Operations—Western Region
J:AttachmentAwestLAS1NSP No State Permit Required LAS%24706 NSP.doc
c: Chris Thorns, Corps of Engineers
City of Ashland Planning Dept.
Jackson County Planning Dept.
Jeff Pauley, REA
Mike Evenson, ODFW
Nov 9 IfiI.
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C -9 ' SLIDE uATE
• 8"Through 30" Diameters Available
• 10 Foot Seating Head
• 0 Feet Unseating Head
• Threaded Stem and Lift with Handwheel Standard
• Extended Frames or Stem Extensions Optional
Fits Directly into Concrete, Corrugated Metal, Plastic or
HDPE Pipe
The Waterman C-9 Slide Gate is designed for use where an economical light
duty gate is needed for seating heads up to 10 feet. It is ideal for use where
an old-fashionedjack-lift type gate is specified. The C-9 utilizes our threaded
bronze lift nut with a 10"diameter handwheel as standard equpment coupled
to a threaded mild steel stem.
' .
• Ask for Model C-9 for Concrete or Corrugated Steel, C-9-4 for ' ::.:_,._ ;x�:_<;:>-
PVC I.D. Mounting, C-9-CIP (IPS or PIP) for PVC O.D.
Mounting and C-9-6 for HDPE Pipe.
Y
AC-9 SLIDE GATE
r
• Premium Grade Aluminum : `
• 8"Through 30" Diameters Available
• 10 Foot Seating Head (� i
• 0 Feet Unseating Head '
• Stainless Steel Threaded Stem with Lift and Handwheel
Standard
• Extended Frames or Stem Extensions Optional
• Fits Directly into Concrete, Corrugated Metal, Plastic or
HDPE Pie
The Waterman AC-9 Slide Gate is designed for use where an
economical fight duty corrosion resistant gate Is needed for seating
heads up to 10 feet. It is ideal for use where an old-fashioned jack-lift a 4
type gate is specified. The AC-9 utilizes our threaded bronze lift nut .
with a 10" diameter handwheel as standard e u ment coupled to a
q P P
threaded stainless steel stem. "
Ask for Model AC-9 for Concrete or Corrugated Steel,
AC-9-4 for PVC I.D. Mounting, AC-9-CIP (IPS or PIP)for . ..: Ma 3 i
PVC O.D. Mounting and AC-9-6 for HDPE Pipe.' »
,
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2 2309 t► X11/09\ i
MEDFORD FURNITURE St HARDWARE BUILDING
[OLD WOOLWORTH BUILDING]
29 North Central Avenue
Medford, Jackson County, Oregon
37S-1W-30BBC, Tax Lot 1400
DIMENSIONS FOR C AND AC-9 PARTS LIST
No.Name
E01. 1 IFRAME
e 2 COVER
E
3 STEM
s 4 HEADRAIL
5 HEADRAIL HDWR.
0
6 LIFT
7 LIFT HDWR.
. . - a SPIGOT.
I
I 9 STEM BOLT
I
" I
2 I I
e
.I
' CIA.
0
1� I II
C9 and AC-9 C9 and C94 and
AC9-4- AC-9-6"
SIZE A--- B--- C D E F G H J A G A G
a 734 9 1 416 31h 10 4 15'4 114 T6 4 7% 4
10 98+ 11 1 574 3% 10 4 1814 11fi 916 4 976 4
12 1134 13 1 676 3% 10 4 21'4 11h 1 P6 4 1214 4
14 138+ 15 1 776 3% 10 4 23'4 1% 1316 4 - -
15 148+ :16 1 8% 31h 10 4 26 114 1416 4 11% 4 -
22- - 1 814 31h 10 4 27% 114 196 . 4 - -
1 916 3% 10 4 3014 11h 17% 4 1816 4
' 1 107A 3% 10- 4 3314 1'h 1976 4 -2-
1 1134. 3% 10 4 341/. 11h 2074 4 -1 1276 3% 10 4 38 1% 2376 4 2434 4
1 1576 3% 10 4 43 1 114 2976 4 30'6 4
GATE DIMENSIONS IN INCHES
For PIP Pipe
"To fit HDPE pipe
For CMP pipe-dimension differs for each pipe type. Custom spigots are available.
. E..uK 13C
/ 69
Special Conditions
(a)In-water Work Windows: All in-water work, including temporary fills or structures,shall occur
between June 15 and September 15 (timeframes are specific to the waterbody). Exceptions to these time
periods requires specific approval from the Corps. On tribal lands the Corps will coordinate exceptions to
the timing guidelines with the Environmental Protection Agency.
(b) Upland Disposal: All excess material will be taken to a suitable upland location for disposal. The
material shall be placed in a location and manner that prevents its discharge into waterways or
wetlands.
(c) Heavy Equipment: Heavy equipment shall be operated from the bank and not placed in the
stream unless specifically authorized by the District Engineer.
(d) Fish Screening: Fish Screening will comply with standards approved by the National Marine
Fisheries Service or the Oregon Department of Fish &Wildlife, as appropriate.
(e) Cultural Resources & Human.Burials: If at any time, during the conduct of the work
authorized, the permittee or agent(s) discovers human burials, cultural resources, or historic
properties, as identified by the National Historic Preservation Act, that may be affected, they must
notify the District Engineer.
(f) Fish Passage: Permittee shall insure activities authorized by nationwide permit will not restrict
passage of aquatic life. Activities such as the installation of culverts or diversion structures, or other
modifications to channel morphology must be designed to be consistent with fish passage standards
developed by the Oregon Department of Fish and Wildlife (ODFW) and the National Marine Fisheries
Service (NMFS). This guidance can be found in the most recent edition of the document entitled
"ODFW standards and Criteria for Stream Road Crossings". The streambed shall be returned to pre-
construction contours after construction unless the purpose of the activity is to eliminate a fish barrier.
(g) Riparian Vegetation Protection & Restoration: When working in waters of the United States or
riparian areas the construction boundary shall be minimized to the maximum extent practicable.
Permittee shall mark and clearly define the construction boundary before beginning work. Native
riparian vegetation will be successfully established along tributaries where the vegetation was removed
by construction. The plantings shall start at the ordinary high water mark and extend 10 feet back
from the top of the bank. The plantings must be completed by the end of the first planting season
following the disturbance.
(h) Erosion Controls: Adequate erosion control devices shall be installed and maintained in good
working order throughout construction to prevent the unauthorized discharge of material into a wetland
or tributary. The devices shall be installed to maximize their effectiveness, i.e. sediment fences shall
generally be buried or similarly secured. These controls shall be maintained until permanent erosion
controls are in-place.
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(i) Maps and drawings: In addition to the items required in nationwide permit general condition 13,
all preconstruction notifications shall contain maps showing the project location as well as plan-view
and cross-sectional drawings showing the proposed work. The map(s) shall be of a scale and detail to
clearly identify the project location(s). Drawings shall be sufficient in number and detail to accurately
portray the project.
(j) Bank Protection: Rip-rap shall be clean, durable, angular rock. The use of other materials such as
broken concrete, asphalt, tires,wire, steel posts or similar materials is not authorized. The project design
shall minimize the placement of rock and maximize the use of vegetation and organic material such as
root wads to the extent practicable. Riparian plantings shall be included in all project designs unless the
permittee can demonstrate they are not practicable. The permittee must notify the District Engineer in
accordance with nationwide permit general condition#13 if the activity involves the placement of more
than 10 cubic yards of riprap per 100 linear feet of streambank.
(k) Mitigation Sites: The permittee must notify the District Engineer in accordance with nationwide
permit general condition#13 if the proposed activity may impact a wetland created, restored, enhanced
or protected to fulfill the compensatory mitigation requirements of a previous Corps permit.
(1) Inspection of project site: The permittee must allow representatives of the Corps to inspect the
authorized activity to confirm compliance with nationwide permit terms and conditions. Personnel
from the Oregon Department of Environmental Quality and the Department of Land Conservation and
Development are considered to be authorized "representatives" for the purpose of Section 401 Water
Quality or Coastal Zone Management inspections. For projects on tribal land the Environmental
Protection Agency is considered an authorized representative. A request for access to the site will
normally be made sufficiently in advance to allow a property owner or representative to be on site with
the agency representative making the inspection.
(m) Sale of property/transfer of permit: If you sell the property associated with this permit, you
must transfer the permit to the new owner(s) and obtain their signature(s). A copy of this permit with
the new owner(s) signature shall be sent to this office to validate the transfer of this permit
authorization
! 7!
Nationwide Permit General Conditions
(Prom the January 1.5, 2002 Federal Register,Vol. 67,No 10)
1. Navigation
2. Proper Maintenance
3. Soil Erosion and Sediment Controls
4. Aquatic Life Movements,
5. Equipment
5: Regional and Case-by-Case Conditions
7: Wild and Scenic.Rivers
8 Tribal;Rights _.
9. Water Quality .
IQ. Coastal Zone Management
11: Endangered Species.
12. Historic Properties:
.13. Notification
14. Compliance Certification'
15.:Use.of Multiple Nationwide P&mits:
16. Water SiipplyIntakes
17. Shellfish Beds
18, Suitable Material
19. lvlitigatioa
20._ Spawning Areas
21.. Management of Water Flows
22'. Adverse Effects from Impoundments
23. Waterfowl Breeding Areas
24 . Removal of Temporary Fills
25. Designated Critical Resource Waters
26. Fills Within.100-year Floodplains
27. Construction Pcriod`
1
C. Nationwide Permit General Conditions
The following General Conditions.must be followed in order for any authorization by an NWP to be valid:
1. NaWeation.,.No activity may cause more than a minimal adverse effect on navigation.
2. Prober Maintenance. Any structure or fill authorized shall be properly maintained,including maintenance Co .
ensure public safety,
.3. Soil Erosiorye d SedlmenfControls,.Appropriate soil erosion and sediment controls must be used and
maintained in effective operating condition during'construction,and all exposed soil and other fills,as wall as any
work below the ordinary high water mark or high tide line,must be permanently stabilized at the earliest practicable
date. Perniitte.es:are encouraged to perform work within waters of the United States during periods of low-flow or
no-flow:
4. Aquatic Life Movements. No activity may substantially disrupt the necessary life-cycle movements of those.
species of aquatic life indigenous to the waterbody,including those species,that nommally.migrate.through the area,
unless the activityt primary purpose is to impound water. Culverts placed in streams must be installed.to maintain
low flow conditions.
5. Eauivmenr.Heavy equipment working in wetlands must be placed on mats,or other measures must be taken to
minimize soil disturbance.' ,
6: Reeional and Case-By-Case Conditions. The activity must comply wiih any regional conditions that may have
been added by the Division Engineer(see 33 CFR 330.4(e))i,The'activity must coinply with any regional conditions
that may have been added by the Division Engineer(see 33 CFR 330.4(e))and with any case specific conditions
..added by the Corps or by the state or tube in its Section Water Quality Certification andIC staff Zone'
Management Act consistency determination
7. Mild and Scenic Rivers.,No activity may occur in a component of the National Wild'a;id Scenic River System;or
in a river officially designated by Congress as a"study river"for possible inclusion in system;while the river is
in an official study status;unless the appropriate Federal agency,with direct management responsibility for su&
river,has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River
designation,or.study status. Information on Wild and Scenic Rivers may be obtained from the appropriate.Federal
land management agency in the area(e.g.,National Park Service,U.S.Forest Service,Bureau of Land Management,
U.S.Fish and Wild-life Service).
8.JWbaI Rights: No activity or its operation may impair reserved tribal rights,including,but not limited to,
reserved water rights.and treaty fishing and hunting.rights.
9. Water Quality. (a)In certain states and tribal lands an individua1401 Waier Quality Certification must be
obtained or:waived(See 33 CPR 330A(c))..(b)For NWPs 12, 14, 17, 18,32;39,40,42,'43,and 44,where the state
or tribal 401 certification(either generically or individually)does not require or approve water quality management_
measures,the pemmittee must provide water quality management measures that will ensure that the authorized work
does not result in more than minunal degradation of water quality(or the Corps determines that compliance with
state or)meal standards;where applicable,will ensure no more.than minimal adverse effect on water quality): An
important component of water quality management includes stormwater management that minim;vns degradation of
the downstream aquatic system,including water quality(refer to General Condition 21 for Stormwater management
requirements).Another important component of water quality management is the establishment and maintenance of
vegetated buffers next to open waters;including streams(refer to General Condition 19 for vegetated buffer
requirements for the NWPs).
This condition is only applicable to projects that have the potential to affebt water quality. While appropriate
measures must be taken,in most cases it is not necessay to conduct detailed studies to identify such measures or to
require monitoring.
2.
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10. Corstal Zone Manaeement. In certain states,an individual state coastal-zone management consistency-
concurrence:must be obtained or waived(see 33 CFR Section 330.4(d))...
11. Endah "red Species: (a)No activity is authorized under.any NWP;which.ts likely to jeopardize the continued
existence of a threatened or endangered species,or a species proposed for such designation,as identified under the
Federal Endangered Species Act(ESA),or which will destroy oradversely modify the critical habitat of such
species.*Non-federal permittees shall notify the District Engineer if any listed species or designated critical habitat
might be affectcd or is in the vicinity'ofthe project,or is located in the designated critical habitat and shall not begin
Work on the activity until notified by the District Engineer that the requirements of the ESA have been satisfied and
that the activity is authorized. For activities that may affect Federally-listed endangered or threatened species or
designated critical habitat,the notification must include the name(s)of the:endangered or thieatened.species that
may be affected by the proposed work or that utilize the designated critical habitat that may be affected by the
proposed work: As a result of formal or.informal consultation with the FWS or NivIFS the District Engineer may: '
add species-specific regional endangered`species conditions to the NWPs.
(b)Authorization of an activity by a.NWP does not authorize the"take" of a threatened or endangered species -
as defined under the ESA. In the absence of separate authorization(e.g.,an ESA Section 10 Permit;a Biological
Opinion with"incidental take"provisions,etc.)from the USFWS or the NMFS,both lethal and non-lethal"takes"
protected species are in violation of the ESA. Information on the location of threatened and endangered species and.
their critical.habitat can be obtained directly from the offices of the USFWS and NMFS or-their world wide web
pages?Lt.http://wvi.w.fws.gov/r9iiidspp/endspp.hbnl l andhttp://www.nmfs.noaa.gov/prof_res/overviewles htm
respectively:
12: Historic Properties. No activity which may affeot.historic properties listed,or eligible.forlisting,in the
National.Register of Historic Places is authorized:until the District Engineer has complied with the provisions of 33
CFR Part 325,Appendix C. The,prospective permittee must notify the District Engineer if the authorized activity
may affect any historic properties listed, determined to be eligible,or which the prospective permittee has reason to
believe may be eligible.for listing on the National Register of Historic Places, and shall not begin the activity until
notified by the District Engineer the requirements of the National Historic Preservation Act have been satisfied .
and that the activity is authorized Information on the location and existence of historic resources can be obtained
from the State Historic.Preservation Office and the National Register of Historic Places(see 33 CFR 330.4(8)).. For
activities that may affect historic properties listed in or-eligible for listing in,the National Register of Hwtorie
Places,the notification must state which historic property may be affected by the proposed work or include a -
vicinity map.indicating the location of the historic property.
13. Notification.
.(a) imin ;where required by the terms of the NWP,-the prospective perrnitteemust notify the District
Engineer with a preconstruction notification(PCN)as early as possible. The District Engineer must determine if the
`nbtiftcation is complete within 30 days of the date of receipt and can request additional information necessary to
make-the PCN complete only once.:however,if the prospective permittee does not prdvide all of the requested
information,then the District Engineer.will notify the prospective petmittee that the hotification is still incomplete
and the PCN review process will not commence umh1 all of the requested information has been received by the
District Engineer. The prospective permittee shall not begin the activity:
(1)Until notified in writing by the District Engineerlhat the activity may proceed under_ the.NWP with any
special conditions imposed by the-District or Division Engineer;or .
(2)If notified in writing by the.District,or.Division,Engineer.that an Individual Permit is re
quired,'or
(3)Unless 45 days have passed from the District Engineer's receipt of the complete notification and the'
prospective permittee has not received written notice from the District or Division Engineer. Subsequently,the
petmittee's right to proceed under the NWP may be modified,suspended,or revoked only in accordance with the
procedure 'set forth in 33 CFR 330.5(d)(2).
(b)Contents of Notification The notification must be in writing and include the following information:
(1)Name,address and telephone numbers of the prospective peimittee;
(2)Location of the proposed project;
(3)grief description of the proposed project;the project's purpose;direct and indirect adverse.environmental
effects the project would cause;any other NWP(s),Regional General Perint(s), or Individual Pemnt(s)used or
intended to be used to authorize any part of the proposed project or any related activity. Sketches should be
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provided when necessary to show that the activity complies:with the terms of the NWP(Sketches usually clarify the
project and when provided result in a quicker decision.); .
(4)For'NWPs'7, 12, 14, 18,21,34,38,39,40,41,42,and 43, the PCN must also include a delineation of .
affected.special aquatic sites,including'wetlarids,vegetated shallows.(e.g.,submerged aquatic vegetation, seagrasa
beds),and riffle and pool complexes(see paragraph l3(%,
(5).ForNWP 7(Outfall Structures and Maintenance),the PCN mustinclude information regarding the original
design capacities and configurations of those areas ofthe facility where maintenance dredging or.excavation is
proposed;
(6)For NWP 14 (Linear Transportation Projects);The PCN must include a`compensatory.mitigation proposal tp
offset permanent losses of waters of the US and a statement describing how temporary losses of waters of the US
will be min=' rued to.the maxim,,..,extent practicable;' .
(7)For NWP 21 (Surface Coat Mining Activities),the PCN mustinclude an Office of Surface Mining(OSM)
or state-approved mitigation plan,if applicable: To be authorized by this NWP,the District Engineer:must
determine that the activity compli es with the terms and conditions of the NWP and that the adverse environmental: .
effects are minimalboth individually and cumulatively and must notify the.projecrsponsor of this determination in
writing; .
(9)For NWF 27(Stream and-Wetland Restoration),the PCN must include documentation of the prior condition
of the site that will be reverted by the pemtittee;
(9)For NWP 29(Single-Family Housing),the PCN must also include:..
(i)Any past use of this NWP by the.Individual Permittee and/or the permiitee's spouse;'.
(ii)A statement that the single-family housing activity is for personal residence of the permittee; .
(iii)A description of the entire parcel,includiug'its size,and a delineation of wetlands. For the purpose of this
NWP,parcels of l nd measuring'/.-acre or.less will not require a formal on-site delineation. However,the applicant
shall provide an indication of where the wetlands are and the amount of wetlands tliat exists on the properfy: .For
- parcels greater than 1/4-acre.in size,formal wetland delineation must be prepared in accordance with the current:.
method requited by the Corps.(See paragraph 13(t))'
(iv)A written description of all land(including,if available,'legal descriptions)owned by the prospective .
permittee and/or the prospective permittee's spouse,within a one rnile;radiui of the parcel,n any form of ownership
(including any land owned as a partner;corporation;joint tenant,co-tenant,or as a tenant-by3he-entirety)and any
land on which a purchase and sale agreement or;other.contract for sale or purchase has been executed;,
(10)For NWP.31 (Maintenance of Existing Flood-Control#? jects),the prospective permittee must either
notify the District Engineer.with a PCN prior to each maintenance.activity of submit a five year(or less),
maintenance plan. In addition,the PCN must include aft of the following-
(i)Sufficient baseline information identifying the approved channel depths and configurations and existing
facilities. Minor deviations are authorized provided the approved flood-coutrol protection or drainage is not
increased;
(ii)Adelineation of any affected special aquatic sites,including wetlands;and,
(iii)Location of the dredged material disposal site;:
(11)For NWP 33(Temporary C3vstruction Access,and Dewatering),the PCN must also'include a restoration
plan of reasonable measures to avoid and minimize adverse effects to aquatic.resources;.
(12)For NWPs 39;43 and 44,tlie �
PCN t also include a written statement to the District Engineer explaining
how avoidance and minimization for 16sses.of waters of the US.were achieved on the project site;
(13)For NWP 39 and NWP.42,the PCN must include a compensatory mitigation proposal to offset losses of
waters of the US or justification explaining why compensatory mitigation'should not be required. For discharges
that cause the loss of greater than 360 linear feet of an intermittent stream bed,to be authorized,the District
Engineer must determine.that the activity complies with the other terms and conditions of the NWP;determine
adverse environmental effects are minimal both individually and cumulatively,and waive the limitation on stream
impacts m writing before the permittee may-proceed;
(14)For NWP 40(Agricultural Activities),the PCN must include-a compensatory mitigation proposal to offset
losses of waters of the US. This NWP:does not authorize the relocation of greater than 300 linear-kit of existing
serviceable drainage'ditches constructed in non-tidal streams unless,for drainage ditches constructed in intennitteni
non-tidal streams,the District Engineer waives this criterion in writing,and the District Engineer has determined
that the project complies with all terms and conditions of this NWP,and that any adverse impacts of the project on
the aquatic environment are minimal,both individually and cumulatively;
(15)For NWP 43 (Stormwater Management Facilities),the PCN must include,for the construction of new -
stormwater management facilities, a maintenance plan(in accordance with state and local requirements,if
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For activities requiring notification to the District Engineer that result in the loss of greater than ;-acre of
waters of the US,the District Engineer will provide immediately(e.g.,via facsimile transmission overnight mail, or
other expeditious manner)a copy to the appropriate Federal or state offices(USFWS,state natural resource or water
quality agency,EPA,State Historic Preservation Officer.(SHPO),and;if appropriate,the NMFS)..With the
exception of NWP 37,these agencies will then have 10 calendar days.from the date the material is transmitted to _
telephone"or fax the District Engineer notice.that they intend to provide substantive,site-specific comments. If so
contacted by an agency,the District Engineer will wait"an additional 15 calendar days before making a decision on
the not(cation. The District Engineer will fully consider agency comments received within the specified time
frame,but will provide no response to the resource agency,except as provided below. The District Engineer will
indicate in the administrative record.associated with each notification that the resource agencies'concerns were
considered. As required by Section 305(b)(4)CR)of the Magnuson-Stevens Fishery Conservation and Management
Act,the District Engineer will provide a response to NMFS within 30 days of receipt of any Essential"Fish Habitat
conservation recommendations.Applicants are encouraged to provide the Corps multiple copies of notifications to
expedite agency notification.
(f)Wetland Delineations:Wetland delineations must be prepared in accordance with the current method required
by the Corps(For NWP 29 see paragraph(b)(9)(iii)for parcels less than V.-Acre in size). The pemiittee may ask the.
Corps to delineate the special aquatic site. There maybe some delay if the Corps does the delineation..Furthermore;
the 45-day period will not start until the wetland delineation has been completed and submitted to the Corps, where
appropriate..
14. Comoliance'Certifacation. Every permittee who has received NWP verification from the Corps will 'submit"a
signed certification regarding the completed woik and any required mitigation. The certification will be forwarded
by Corps with the authorization letter and will include:(a)A statement that the authorized work was done in "
accordance with the Corps authorization,including any general or specific conditions;
(b)A statement that any required mitigation was completed in accordance with the permit conditions;'and(c)The
signature of the permittee certifying the completion of the.work"and mitigation
15. Use ofMultiple Nationwide Permits. The use of more than one NWP for a single and complete project is
prohibited,except when the acreage loss of waters of the US authorized by the NWPs does.not exceed the acreage
limit of the NWP with the highest specified acreage limit(e.g.if a road crossing over tidal waters is constructed
under NWP 14,with associated bank stabilization authorized by NWP 13,the maximum acreage loss of waters of
the US for the total project cannot exceed lh-acre).
16. Water Supply Intakes. No activity,including structures and work in navigable waters of the US or discharges of
dredged or fill material,may occur in the proximity of a public water supply intake except where the activity is for
repair of the public water supply intake structures or adjacent bank stabilization"
17. Shellfs'h Beds. No activity,including structures and work in navigable waters of the US or discharges of
dredged or fill material,may'occur in areas of concentrated shellfish populations.unless the activity is directly" " -
related to a shellfish harvesting activity authorized by NWP 4.
18. Suitable Material. No activity,including structures and work in navigable waters of the US or discharges of
dredged or fill material,may consist of unsuitable material(e.g.,trash,debris,car bodies,asphalt,etc.)and-material
used for construction or discharged must be free from toxic pollutants in toxic amounts(see Section 307 of the
CWA).
1 9. Mitigation. The District Engineer will consider the factors discussed below when determining the acceptability
of appropriate and practicable mitigation necessary to offset adverse effects on the aquatic environment that are
more than minimal.
(a)The project imist be designed and constructed to avoid and minimize adverse effects to waters of the US to the
maximum extent practicable"at the project site(i.e.,on site).
(b)Mitigation in all its forms(avoiding,minimizing,rectifying,reducing or compensating)will be required to the
extent necessary to ensure that the adverse effects to the aquatic environment are minimal.
(c)Compensatory mitigation at a minimum one-for-one ratio will be required for all wetland impacts requiring a
PCN,unless the District Engineer determines in writing that some other form of mitigation would be more
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applicable)and a compensatory mitigation proposal to offset losses of waters of the US. For discharges that cause
the los's of greater than 300 linear.feet of an intermittent stream bed, to be authorized,the'District Engineer must
determine that the activity complies with the other terms and conditions of the NWP, determine adverse
environmental effects are minimal both individually and cumulatively,and waive the limitation on stream impacts in
writing before the permittee may.proceed;
(16)For NWP 44(Mining Activities),the PCN'tnust include a description of all waters of the US adversely
affected by the project, a description of measures.taken to minimize adverse-effects to waters of the US,a
description of measures taken;to comply with the criteria of the NWP,and a reclamation plan(for all aggregate
mining activities in isolated waters and non-tidal wetlands adjacent to headwaters and any hard rock/mineral mining
activities);
(17).For activities that may adversely affect Federally-listed endangered.or threatened species,the PCN must
-include the name(s)of those endangered or threatened species that maybe affected by the proposed work or utilize
the designated critical habitat that may be affectedby the proposed work;and-
(18)For activities.that'may.affect historioproperties listed'in, or eligible for listing m,the National Register of
Historic Places,the PCN must state which historic property may be'affected by the proposed work or include a
vicinity map indicating the location of the historic.property*
(c)Form of Notification:The standard Individual Permit application form(Form ENG 4345)may be used as the
notification but must clearly indicate that it is a PCN and must include all of the information required in(b)(1)-(18)
of General Condition.1 3. A letter containing the requisite informationmmayalso be used.
(d)District Engineer's Decision: In reviewing the PCN for the proposed activity,the District Engineer will
determine whether the activity authorized by the NWP will result in more than minimal individual or cumulative
adverse environmental effects or may be contrary to the public-interest The prospective permittee may submit a
proposed mitigation•plan with the PCN to ikpedite the process. The District Engineer will consider any proposed
compensatory mitigation the applicant has included in the proposal in determining whether the net adverse
environmental effects to the aquatic environment of the proposed work are minimal. If the District Engineer
determines that the activity complies with the terms and conditions of the NWP and that the adverse effects on the
aquatic environment are minimal,after considering mitigation,the District Engineer will notify the permittee and
include any conditions the District Engineer deems necessary. The District Engineer must approve any '
compensatory mitigation proposal before the permittee commences work. If the prospective permittee is required to
submit a compensatory mitigation proposal with the PCN,the proposal may be either conceptual or.detailed- If the
prospective pelmmittee elects to submit a compensatory mitigation plan with the PGN,'the District Engineer Will.
expeditiously review the proposed compensatory mitigation.plan: The District Engineer must review the plan within
45 days of receiving a complete PCN and determine whether the conceptual or specific proposed mitigation would
ensure no more than minimal adverse effects on the aquatic environment. If the net adverse effects of the project on
the aquatic environment(after consideration of the compensatory mitigation proposal)are determined by the District
Engineer to be minimal,the District Engineer will provide a timely written response to the applicant The response
will state that the project can proceed under the terms and conditions of the NWP.
If the District Engineer determines that the adverse effects of the proposed work are more than minimal;then
the District Engineer will notify the applicant either.(1)that the project does not qualify for authorization under the
NWP and instruct the applicant on the procedures to seek authorization under an Individual Permit; (2). time
project is authorized under the NWP subject to the_applicant's submission of a mitigation proposal that would
reduce the adverse effects on the aquatic environment to the minimal level;or(3)that the project is authorized undei
the 14WP with specific modifications or conditions: Where the District Engineer determines that mitigation is
required to ensure no more than minimal adverse effects occur to the aquatic environment;the activity will be
authorized within the 4,5-day PCN period. The authorization will include the necessary conceptual or specific
mitigation or a requirement that the applicant submit a mitigation proposal that wouldreduce the adverse effects on.
the aquatic environment to the rriinirn l level. When conceptual mitigation is included,or a mitigation plan is
required trader item(2)above,no work in waters of the US will occur until the District Engineer has approved a
specific mitigation plan
(e)Aged Coordination:The District Engineer will consider any comments from Federal and state agencies
concerning the proposed activity's compliance with the terms and conditions of the NWPs and the need for
mitigation to reduce the project's adverse environmental effects to a minimal level.
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environmentally appropriate and provides a project-specific waiver of this requirement. Consistent with National
policy, the District Engineer will establish a preference for restoration of wetlands as compensatory mitigation, with
preservation used only in exceptional circumstances.
(d)Compensatory mitigation(i.e.,replacement or substitution of aquatic resources for those impacted)will not be
used to increase"the acreage losses allowed by the acreage limits of some of the NWPs..For example, %.-acre of
wetlands cannot be created to change a%-acre loss of wetlands to a%:-acre loss associated with NWP 39
verification. However,'/,-acre.of created wetlands can be used to reduce the impacts of a%,-acre loss of wetlands to
the minimum.impact level in order to meet the minimal impact requirement associated with NWPs.
(e)To be practicable,the mitigation must be available and capable of being done considering costs,existing
technology, and logistics in light of the overall project purposes. Examples of mitigation that may be appropriate
and practicable include,but are not limited to:reducing the size of the project;establishing and maintaining wetland
or upland vegetated buffers to protect open waters such as streams;and replacing losses of aquatic resource
functions and values by creating,restoring,enhancing,or preserving similar functions and values;preferably in the.
same watershed. . ,
0 Compensatory mitigation plans.for projects in or near streams or other open waters will normally include a
requirement for the establishment,maintenance,and legal protection(e.g.,easements,deed restrictions)of vegetated
buffers to open waters. In many cases,vegetated buffers will be the only compensatory mitigation required.
Vegetated buffers should consist of native species. The widthof the vegetated buffers required will address
documented water quality or aquatic habitat loss concerns. Normally,the vegetated buffer will be 25 to 50 feet wide
on each side of the stream,but the District Engineers may require slightly wider vegetated buffers to address
documented water quality or habitat loss concems..Where both wetlands and open waters exist on the project site,
the Corps will determine the appropriate compensatory mitigation(e.g.,stream buffers or wetlands compensation)
based on what is best for the aquatic environment on a watershed basis. In cases where vegetated buffers are
determined to be the most appropriate form of compensatory rititigation;the District Engineer may waive or reduce
the requirement to provide wetland compensatory mitigation for wetland impacts.
(g)Compensatory mitigation proposals submitted with the "notification may be either conceptual or detailed. If
conceptual plans ari approved under the verification,then the Corps will condition the verification to require
detailed plans be submitted and approved by the Corps prior to construction of the authorized activity in waters of
the US.
(h)Permittees may propose the use of mitigation banks,in-lieu fee arrangements or separate activity-specific
compensatory mitigation. In all cases that require compensatory mitigation,the mitigation provisions will specify
the party responsible for accomplishing and/or complying with the mitigation plan.
20. S&awnineAmas. Activities,including structures and work in navigable waters of the US or discharges of
dredged or fill material,in spawning areas during spawning seasons must be avoided to the maximum extent
practicable. Activities that resplt in the physical destruction(e.g.,excavate,fill,or smother downstream by_
substantial turbidity)of an important spawning area are not authorized.
21. Management ofWater Flows. To the maximum extent practicable,the activity mustbe designed to maintain
preconstruction downstream flow conditions(e.g.,location,capacity,and flow rates)..Furthermore,the activity
must not permanently restrict or impede the passage of normal or expected high flows.(unless the,primary purpose..
of the fiL is to.impound waters)and the structure or discharge of dredged or fill material must withstand expected
high flows. The activity must,to the maximum extent practicable,provide for retaining excess flows from the site,
provide for maintaining surface flow rates from the site similar to preconstruction conditions,and provide for not
increasing water flows from the project site,relocating water,or redirecting water flow beyond preconstruction
conditions. Stream channelizing will be reduced to the minimal amount necessary,and the activity must,to the
maximum extent practicable,reduce adverse effects such as flooding or erosion downstream and upstream of the
project site,unless the activity is part of a larger system designed to manage water flows. In most cases,it will not
be a requirement to conduct detailed studies and monitoring of water flow.
This,condition is only applicable to projects that have the potential to affect waterflows. While appropriate
measures must be taken,it is not necessary.to conduct detailed studies to identify such measures or require "
monitoring to ensure their effectiveness. Normally,the Corps will defer to state and local authorities regarding
management of water flow.
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22. Adverse Effects From Impoundments. If the activity an impoundment of-water, adverse effects to the
aquatic system due to the acceleration of the passage of water, and/or the restricting its flow shall be minimized to
the maximum extent practicable. This includes structures and work in.navigable waters of the US;or discharges of
dredged or fill material.
23: Waterfowl Breeding Areas.' Adtivities,including structures and workin navigable water's of thelJS or
discharges of,dredged or fill material,into breeding areas for migratory waterfowl must be avoided to the maximum
extent practicable: ..
24. Removal ofTemnorary Fills. Any temporary fills must be,removed in theii entirety and the affected areas
returned to their preexisting elevation.,
25. Designated Critical Resource Waters, Critical resource waters include,NOAAdesignated marine sanctuaries,
National Estuarine Research Reserves,National Wild and Scenic Rivers,critical habitat for Federally listed.
threatened and endangered species,coral reefs,state natural heritage sites,and outstanding natronal'resource waters
or other waters officially designated by a state as having particular environmental or ecological significance and
identified by the District Engineer after notice and opportunity for public comment. The District Engineer may also
designate additional critical resource waters after notice and opportunity for comment.
(a)Except as noted below,discharges of dredged or fill material into waters of the VS aie not authorized by .
NWPs 7, 12, 14, 16, 17,21,29,31, 35,39,40,42,43,and 44 for any activity witliiii or directly-affecting, critical
resource waters,including wetlands adjacent to such waters. Discharges of dredged or fill materials into waters of
the US may be authorized by the above NWPs,in National W ild and Scenic Rivers if the activity complies with
General Condition 7..Further,such discharges may be authorized,in designated critical habitat for Federally listed
threatened or endangered species if the activity complies with General Condition 11 arid.the USFW$or the NMFS
has concurred mi a determination of compliance with this.conditiori
(b)For NWPs 3,.8, 10, 13, 15, 18,19,22,23,25,27,28,30,33,34,36,37,and 38,notification is required
in accordance with General Condition 13,for any activity proposed in the designated critical resource waters
including wetlands adjacent to those waters: The District Engineer may authorize activities under these NWPs only
after it is determined that the impacts to the critical resource waters'will be no more than minimal. '
26. Fills Within 100-Year FloodDlains. For purposes of this General Condition 100-year floodplains will be
identified through the existing Federal Emergency Management Agency's(FEMA)Flood Insurance Rate Maps or
FEMA-approved local floodplain maps:
(a)Discharges in Floodolaim Below Headwaters: Discharges of dredged or fill material into waters of the US
within the mapped 100-year floodplain,below headwaters(i.e.five cfs),resulting in permanent above-grade fills,
are not authorized by NWPs 39,40,42,43,-and 44.
(b)Discharges in Floodwav:Above Headwaters. Discharges of dredged or fill material into waters of the US
within the FEMA or locally mapped floodway,resulting in permanent above-grade fills,are not authorized by
NWPs 39,40,42,and 44.
(c)The permittee most comply with any applicable FEMA-approved state or local floodplain management
requirements.
27. Construction Period For activities that have not been verified by the Corps and the project was commenced or
under contract to commence by the expiration date of the NWP(or modification or revocation date),the work must
be completed within 12-months after such date.(including any modification tbat affects the project).
For activities that Have been verified and the project was commenced-or under contractto commence within the
verification period,the work must be completed by the date determined by the Corps.
For projects that.have been verified by the Corps,an extension of a Corps approved completion date may
requested This request must be submitted at least one month before the previously approved completion date.
8
` ! 79
'-Compliance Certm&tlos.-
— P4rmit Nc x#=. _
. •Date of Iss<cance:
Name of Permittm.
I hereby certify that the work authorized by the above referenced permit,has been
completed in accordance with the terms and conditions of the said permit,and that .
regnlied mitigation was completed in accordance with the permit conditions,exc e'K as
described below.'
Signature of Per dttee,
w0 cam
� Via. . . • --
U.S. Army Corps of Engineers
Portland District (CENWP=OP-G)
P. O. Box 2946
Portland, OR 97208-2946
C ) C- )
DEPARTMENT OF THE ARMY
PORTLAND DISTRICT,CORPS OF ENGINEERS
EUGENE FIELD OFFICE
1600 EXECUTIVE PARKWAY,SUITE 210
EUGENE,OREGON 97401.2156
REPLY TO
ATTENTION OF: August 5, 2002
Operations Division
Regulatory Branch
Corps No. 2002-00292
Mr. Russ Dale
585 Allison Street
Ashland, Oregon 97520
Dear Mr. Dale:
The U.S. Army Corps of Engineers (Corps) has received your permit application requesting
Department of the Army authorization to fill .087 acres of waters of the United States near Bear
Creek as shown in the enclosed drawings (Enclosure 1). The project is located in Ashland,
Jackson County, Oregon . The site is in the northwest 1/4 of the southwest 'A of Section 11,
Township 39 South, Range 1 East.
The proposed work is required for construction of a residential subdivision. Construction of
road access will include .087 acres of fill in wet meadows. Mitigation will be the creation of
.144 acres of wet meadow and marsh contiguous with the existing wet meadows. An adjustable
control structure will be placed at the downstream end of the preserved and created wetlands and
adjusted to ensure maintenance of current hydroperiod.
This letter verifies that your project is authorized under the terms and limitations of
Nationwide Permit 39. Your activities must be conducted in accordance with the conditions
found in Special Conditions (Enclosure 2) and General Conditions (Enclosure 3) and the
following project specific conditions:
a) The permittee must enact in its entirety the East Village Wetland Mitigation Plan
(Final Version) dated July 31, 2002 including all monitoring, and as modified by other
conditions of this verification.
b) All mitigation earthwork and planting must be completed prior to the sale of the
first lot.
c) In addition to the success criteria for hydrology and woody species contained in the
Mitigation Plan, the wetland creation area must achieve the following thresholds by the
end of the third year of monitoring:
i) 80% coverage by desirable native, non-invasive, herbaceous species
ii) No more than 10%coverage by undesirable or nuisance species
d) The Corps retains the authority to extend the mitigation-monitoring period and
require corrective action in the event that the success criteria are not met.
AUG 9 2001
1 ( I
-2-
e) Installation of the slide gate and its use to preserve adequate wetland hydrology for the
entire wetland preservation and creation area is required. Post-development hydrology
must simulate existing site hydrology.
Section 401 water quality certification from the Oregon Department of Environmental
Quality(DEQ) has not been issued for this nationwide permit. Therefore, this authorization will
not become valid until certification is issued. By copy of this letter, we are notifying DEQ of
your proposed work and thus requesting their certification. The certification will be considered
by Mr. Tom Melville, Oregon Department of Environmental Quality, 811 SW Sixth Avenue,
Portland Oregon, 97204-5694.
When water quality certification has been issued, you must provide this office a copy, along
with the conditions of their certification. The conditions of the 401 certification are conditions of
this authorization. Your activities must be conducted in accordance with those conditions as well
as those conditions enclosed with this letter. Your failure to ensure compliance with any of the
listed conditions could result in the Corps initiating an enforcement action.
We also direct your attention to the Special Conditions, (Enclosure 2), that requires the
transfer of this permit if the property is sold and General Conditions 14 that requires you to
submit a signed certificate when the work is completed. A "Compliance Certification" is
provided (Enclosure 4).
Failure to comply with any of the listed conditions could result in the Corps initiating an
enforcement action. This authorization does not obviate the need to obtain other permits where
required. Permits, such as those required from the Oregon Division of State Lands (ODSL)
under Oregon's Removal /Fill Law, must also be obtained before work begins.
This verification is valid for a period of 2 years from the date of this letter unless the
nationwide permit expires, is modified, reissued, or revoked prior to that date. All the
nationwide permits are scheduled to be modified, reissued or revoked in March 2007. If you
commence or are under contract to commence this activity before the date the nationwide permit
expires, is modified or revoked, you will have twelve months from the date of the modification
or revocation to complete the activity under the present terms and conditions of the current
nationwide permit.
If you have any questions regarding this nationwide permit verification, please contact
Mr. Mark Gronceski at the letterhead address or telephone (541) 465-6878.
Sincerely,
r � /
awrence C. Evans
Chief, Regulatory Branch
/ 0 -5 AUG 9 2002
Enclosures
Copy Furnished:
Oregon Division of State Lands (Lobdell)
Oregon Department of Environmental Quality(Melville)
OP-GP—(Edmonston)
Scott English—Northwest Biological Consulting
/ �� AUG :8 2002
ATTACHMENT A
Permittee: Russ Dale
Special Conditions for Fill Permit No. 25411+P. PLEASE READ AND BECOME
FAMILIAR WITH CONDITIONS OF YOUR PERMIT. This project may be site
inspected by the Division of State Lands as part of our monitoring program. The
Division has the right to stop or modify the project at any time if you are not in
compliance with these conditions. A copy of this permit shall be available at the
work site whenever authorized operations are being conducted.
1. This permit authorizes the placement of up to 356 cubic yards and removal of up to
356 cubic yards of fill in T39S, R1 E, Section 11, Tax Lot 1000 in wetland, in
Jackson County, as outlined in the attached permit application, map and drawings,
dated July 31, 2002.
This permit also authorizes removal and fill activities necessary to complete the
required compensatory mitigation.
2. TURBIDITY/EROSION CONTROLS. The authorized work shall not cause turbidity
of affected waters to exceed 10% over natural background turbidity 100 feet
downstream of the fill point. For projects proposed in areas with no discernible
gradient break (gradient of 2% or less), monitoring shall take place at 4 hour
intervals and the turbidity standard may be exceeded for a maximum of one
monitoring intervals per 24 hour work period provided all practicable control
measures have been implemented. This turbidity standard exceedance intervals
applies only to coastal lowlands and floodplains, valley bottoms and other low-lying
and/or relatively flat land.
For projects in all other areas, the turbidity standard can be exceeded for a
maximum of 2 hours (limited duration) provided all practicable erosion control
measures have been implemented. These projects may also be subject to
additional reporting requirements.
Turbidity shall be monitored during active in-water work periods. Monitoring points
shall be at an undisturbed site (representative background) 100 feet upstream from
the turbidity causing activity (i.e., fill or discharge point), 100 feet downstream from
the fill point, and at the point of fill. A turbidimeter is recommended, however,
visual gauging is acceptable. Turbidity that is visible over background is
considered an exceedance of the standard.
Practicable erosion control measures which shall be implemented, as appropriate,
include but are not limited to the following:
�� AUG 9 2002
f '
Attachment A
State Application No. 25411-FP
Page 2 of 3
a) Place fill in the water using methods that avoid disturbance to the maximum
practicable extent (e.g. placing fill with a machine rather than end-dumping
from a truck).
b) Prevent all construction materials and debris from entering waterway;
c) Use filter bags, sediment fences, sediment traps or catch basins, silt curtains,
leave strips or berms, Jersey barriers, sand bags, or other measures sufficient
to prevent movement of soil;
d) Use impervious materials to cover stockpiles when unattended or during rain
event;
e) Erosion control measures shall be inspected and maintained daily to ensure
their continued effectiveness;
f) No heavy machinery in a wetland or other waterway;
g) Use a gravel staging area and construction access;
h) Fence off planted areas to protect from disturbance and/or erosion; and
i) Flag or fence off wetlands adjacent to the construction area.
Erosion control measures shall be maintained as necessary to ensure their
continued effectiveness, until soils become stabilized. All erosion control structures
shall be removed when.project is complete and soils are stabilized and vegetated.
3. HAZARDOUS, TOXIC AND WASTE MATERIALS. Petroleum products, chemicals,
fresh cement sandblasted material and chipped paint or other deleterious waste
materials shall not be allowed to enter waters of the state. No wood treated with
leach able preservatives shall be placed in the waterway. Machinery refueling is to
occur off-site or in a confined designated area to prevent spillage into waters of the
state. Project-related spills into water of the state or onto land with a potential to
enter waters of the state shall be reported to the Oregon Emergency Response
System (OERS) at 1-800-452-0311.
4. All exposed soils shall be stabilized during and after construction in order to
prevent erosion and sedimentation.
5. If any archaeological resources and/or artifacts are uncovered during excavation,
all construction activity shall immediately cease. The State Historic Preservation
Office shall be contacted,(phone: 503-378-4168).
6. Issuance of this permit is contingent upon acquisition of the required approval from
the city of Ashland.
7. The Division of State Lands retains the authority to temporarily halt or modify the
project in case of unforeseen damage to natural resources.
The following conditions apply to the actions described in the Mitigation Plan,
dated July 31, 2002.
�� AUG 9 2002
Attachment A
State Application No. 25411-FP
Page 3 of 3
The following conditions apply to the actions described in the Mitigation Plan,
dated July 31, 2002.
8. On-site compensatory mitigation for the loss of 0.087 acres of PEM wetland shall
consist of creation of 0.144 acre of wetland.
9. 0.144 acre of created wetlands shall meet the soils criteria specified in the 1987
Army Corps of Engineers Wetland Delineation Manual.
10. Prior to any site grading, the surveyed boundaries of the wetland mitigation area,
and the avoided wetlands, shall be surrounded by silt fencing or bright orange
construction fencing at all times during construction of the project.
To be deemed successful, the mitigation areas shall meet the following success
criteria.
11. 0.144 acres of created wetlands shall meet the soils criteria specified in the 1987
U. S. Army Corps of Engineers Wetland Delineation Manual. Hydrology data shall
be taken in April of each year.
12. 0.144 acres of created wetlands shall meet the soils criteria specified in the 1987
U. S. Army Corps of Engineers Wetland Delineation Manual.
13. Planting of the mitigation area shall follow specifications outlined in the mitigation
plan. Year 1 shall exceed 70% survival. Year 2 shall exceed 80% survival and
year 3 shall exceed 90% survival of planted species by counting.
14. The permittee shall monitor the mitigation site to determine success for a minimum
period of 3 years. The annual monitoring report is due by December 1 of each
year and shall include the following information:
• Permit number
• Permittee's name
• Project name
• Impact and mitigation site location map(s)
• A brief narrative that describes maintenance activities and recommendations
to meet success criteria.
• Documentation that the success criteria listed in condition(s) is being met.
• Photos from fixed photo points.
• Other information necessary or required to document compliance with
mitigation plan.
August 2, 2002
J:WttachmentAwestLAS\FP Fill Permits\25411-FP.doc
o., AUG 9 2002
WRITTEN
COMMENTS
gee
Jennifer Longshore
2388 Abbott Avenue
Ashland,OR 97520
(541)482-5496
Ashland Planning Commission
20 E. Main Street
Ashland,OR 97520
October 28,2002
Dear Ashland Planning Commission:
I have written two letters to the Ashland Planning Department regarding planning action
2001-117. (The letters are dated October 13,2001 and October 14, 2002).
Simply stated, we are deeply concerned about the potentially unsafe impact of the Abbott
Avenue extension. Please take a moment to review the most current letter submitted to
the Planning Department.
It is our hope that you will acknowledge the impending traffic problems associated with
this current development plan and help us to achieve a just solution.
Sincerely,
Je r Longshore
OCT 3 0 Z00Z
Jennifer Longshore
2388 Abbott Avenue
Ashland, OR 97520
(541)482-5496
Bill Molnar
Ashland City Planning Department
20 E. Main Street
Ashland, OR 97520
October 14, 2002
Dear Mr. Molnar and the Ashland City Planning Department:
I visited the Ashland City Planning Office in September and saw the most recent
blueprints for the proposed development west of Chautauqua Trace(between Clay Street .
and Tolman Creek Road). I believe it is titled"East Village Subdivision". It was
disappointing to see that Abbott Avenue was still presented as a straight connection
between Tolman Creek Road and Clay Street.
For the record,other residents and I(see attached signatures)are opposed to the
development of Abbott Avenue as a two-way through street to Clay Street. Simply,the
concern is the impact of this plan on the safety and livability of the residents of
Chautauqua Trace and the surrounding neighborhoods and adjoining streets of Tolman
Creek,Clay Street,and East Main.
Aside from the negative impact of the proposed extension to our neighborhood,currently
Abbott Avenue:
a) is a very narrow two-way residential street with no parking at the curbs,
b) requires vehicles to back into Abbott Avenue from their driveways,
c) usage has excessive noise,pollution and speed from local traffic,and
d) has limited visibility eastbound exiting on to Tolman Creek Road from
Chautauqua Trace.
In looking at the current proposed plans,the road is wider at the Abbott extension than it
is at Abbott Avenue through Chautauqua Trace. By implementing the proposed
extension, traffic volume will increase thus compounding current traffic issues, as noted
above,in addition to the risk of pedestrians(numerous families with younger children
and senior citizens live in our neighborhood)and motor vehicle accidents.
If the city chooses to develop Abbott Avenue through to Clay Street, we would like to
review the city's plans for addressing our concerns above. Apparently the current plan
does not attempt to satisfy these needs. In an effort for the city to successfully address
our concern,there are several recommendations we would like to make for you to
consider in supporting the need to reduce the volume, speed and risk of additional traffic
through Chautauqua Trace:
P76 OCT 3 0 2002
1. Change Abbott Avenue to a one-way street heading west. Have a semi-
diverter installed at the new Abbott extension.
Semi-Diverters
DESCRIPTION:
t 's
h
} j
Y
hY�
Semi-diverters are curb extensions or islands that block one lane of the street.
(In the case of Abbott Avenue-as traffic travels west from Tolman Creek to Clay
Street-allow only a"one way"flow to Clay.)
PURPOSE:
Semi-diverters prevent drivers from entering or exiting certain legs of an
intersection. (For example—drivers would be prevented from entering Chautaqua
Trace from Clay Street)
ADVANTAGES:
*Strategically located,semi-diverters can effectively reduce traffic volumes on a
street.
3. Make all three streets (Abbott Avenue,Brooks,and Crocker) in Chatauqua
Trace one-way,with Tolman Creek being the entrance and East Main the
exit.
3. Install a pole in the middle of the street where Abbott Avenue and the Abbott
Extension meet with a lock accessible only to the fire department and city
maintenance vehicles. The street would be accessible to emergency and city
crews,but not to everyday auto traffic.
4. Build a nicely-arched bridge across the point where the Abbott Extension
and Abbott Avenue join.The bridge would arch over a documented wetland
area adding to the aesthetic of the new development and slowing traffic at
that point.
S. Install stop signs at critical points,such as the juncture of the Abbott
extension and the access road to the five units proposed near the southwest
property line of Chautauqua Trace and behind Tolman Creek Park.
/ OCT 3 0 2002
6. Install speed bumps near the Chautauqua Trace property line on Abbott
Avenue and/or the Abbott extension
7. Consider installing a combination of"traffic calming"devices on the Abbott
extension, 'Traffic calming"devices would help to reduce speed and divert
traffic on Abbott Avenue. Some example are listed belowt
A) Traffic Circles
DESCRIPTION:
Traffic circles are raised islands placed in an intersection.They are
landscaped with ground cover and street trees.Traffic circles require
drivers to slow to a speed that allows them to comfortably maneuver
around them.
PI TRPnSF.-
Traffic circles are very effective at lowering speeds in their immediate
vicinity.Traffic circles are most effective when constructed in a series on
a local service street.
ADVANTAGES:
*Effectively reduce vehicle speeds
*Improve safety conditions
*Visually attractive
B) Median Barriers
DESCRIPTION:
U
trs.
,F gq
A median barrier is a concrete curb-or island that is located on the
centerline of a street and continues through the street's intersection with a
given cross street.
/ 9� oc13 o zuuc
PURPOSE:
Strategically located median barriers reduce traffic volumes on a street.
Median barriers prevent left turns from the through street and left turns
and through moves from the cross street.
ADVANTAGES:
*Median barriers are very effective in reducing volumes.
*Separate opposing vehicle travel lane
*Prevent vehicle from passing other vehicles
*Depending on location,may improve safety through access limitations
*Can be designed with breaks in the landscaping to provide pedestrian
refuge
*May visually enhance the street through landscaping
Q Slow Points or Pedestrian Refuges
DESCRIPTION:
e' _ fal
Pedestrian refuges or slow points are small islands in the middle of the
street,typically designed with marked bike lanes on both sides.They serve
to narrow the vehicle travel lanes.They can be installed either at
intersections or midblock. Slow points are used to enhance pedestrian
crossing points and provide a visual narrowing along the roadway.
Depending on their location,they may also result in small to moderate
traffic speed reductions.
PURPOSE:
Pedestrian refuges narrow the roadway available to a driver,provide a
visual cue to drivers that they are in a popular pedestrian area,and provide
a refuge for pedestrians so they can cross a street one half at a time, if they
prefer.
ADVANTAGES:
*Allow pedestrians to cross half of the street at a time,stopping in the
refuge before crossing the other half of the street
*Make pedestrian crossing points more visible to drivers
*Prevent vehicles from passing other vehicles that are turning
*May reduce vehicle speeds
/ 9s ocT 3 o toot
� i
In summary,we are deeply concerned about our livability and safety on Abbott Avenue
and in the surrounding neighborhoods. It is our hope that you will acknowledge the
impending traffic problems associated with this current development plan and help us to
achieve a just solution.
We will continue to share our views with community members and collect signatures to
support this cause. Thank you for your consideration. Please contact me with any further
questions.
Sincerely,
Jennifer Longshore
cc: Mayor Alan DeBoer
Ashland City Council
Traffic Safety Commission
Ashland Fire Department
Encl. Additional signatures from other community members
9 OCT 3 0 2002
1 �
.
r �N i
1 `
Brian R. Am-
P.0 Box 171
Cold Hill, Oregon 97525
May 14, 2002
Mr. Russ Dale Mr. Bill Molnar
Russell E. Dale Securities Ashland City Planning Department
585 Allison Street 20 E. Main Street
Ashland, Oregon 97520 Ashland, Oregon 97520
Subject: Effectiveness of constructed wetlands as mitigation in construction projects
Dear Mr. Dale and Mr. Molnar:
I have been in recent communication with several members of the East Ashland Community
Alliance (EACA)regarding a proposed development adjacent and to the west of Chautauqua
Trace. The nature of the EACA's discussion with me has been in regard to a functioning,
permanent emergent wetland located along the eastern boundary of the parcel proposed for
development. This wetland is hydrologically connected to Bear Creek via an unnamed, seasonal
stream that drains water to the north across East Main Street parallel to Interstate 5. It is my
understanding that this wetland has been characterized and delineated to the level necessary for
the Oregon Division of State Lands(DSL) and the U.S. Army Corps of Engineers(ACOE) to
carry out their permitting responsibilities and that the appropriate information is in the hands of
these agencies.
It is also my understanding that plans to develop this parcel may result in material fill or
excavation within the bounds of the extant wetland. These actions, if undertaken in the course of
development, will require the developer to mitigate by "constructing"mitigation wetlands of
some area in excess of the amount of wetland habitat disturbed. The exact nature and extent of
any mitigation wetlands will be conditions of the appropriate DSL and ACOE permits.
It has been my experience, in over 10 years as a biologist working on wetland issues and
mitigation measures, that compensatory mitigation wetlands are difficult to establish and are
generally not monitored sufficiently to address the underlying reasons for their failure. I have
included with this cover letter a document from the American Planning Association that
reiterates the point that compensatory mitigation for wetlands losses is difficult to accomplish
successfully(see Policy 1,Reasons to support policy #2) on Page 5). The end result of most
compensatory wetlands mitigation is incomplete or unsuccessful. Both of these situations are
synonymous with no wetlands mitigation, a situation that may constitute violation of Section 404
of the Clean Water Act.
The wetland in question performs a number of valuable ecological roles to the drainage in which
it exists and, ultimately, Bear Creek. Given the nature of the agricultural and housing land uses
surrounding the wetland, flow attenuation and nutrient, sediment, and pesticide "filtering"are all
crucial functions performed at this site. Each of these functions help to reduce sediment,
pollution, erosion, and temperature impacts to Bear Creek, a stream containing coho and chinook
salmon, steelhead, and rainbow trout and listed on the
1 Oregon Department of Environmental
6
li C
Quality's Section 303(d) list as water quality delimited for the following parameters affected by
loss of wetland functions: (1) Aquatic weeds, (2)Bacteria, (3)Chlorphyll a, (4) Dissolved
oxygen, (5) Sediment, (6) Temperature, and (7) Toxics.
I urge you, with support from the EACA,to carefully consider possible development options that
do not impact the wetland so that it can continue to provide important flow attenuation and
filtering functions. This will relieve any burden of compensatory wetland mitigation obligations
through permit conditions. In the event that development plans include impact to the wetland,I
urge you to consider the functions detailed above in designing a robust compensatory wetland
mitigation program. Further, I urge intensive monitoring and adaptive management of any
mitigation wetland that is constructed to prevent the loss of critical wetland and hydrologic
functions within the drainage (i.e. ensure true mitigation). The monitoring plan should include
seasonal surveys of water levels within the wetland; seasonal vegetation survival and
encroachment of noxious weeds, and periodic delineation including soils surveys. Based on the
results of monitoring, management options may include replanting of target species, noxious
weed control, water augmentation to ensure vegetation establishment, and reconstruction in the
event that all reasonable options to establish the mitigation wetland have failed.
In closing, I request that you keep the EACA appraised of your plans to develop the parcel upon
which the wetland exists and involve the group in your compensatory wetland mitigation plan.
The community can add value to your mitigation process, if necessary, and will strive to make
any mitigation effort a successful one. That said, I reiterate the importance of relying on wetland
mitigation as an absolute last resort to be relied upon when all other possible development design
alternatives are deemed infeasible.
Sincerely,
�— P
Brian R. Barr
Enc. (1)
cc: Willow Dean
19?
AMERICAN PLANNING ASSOCIATION
POLICY GUIDE ON
WETLANDS
Adopted by.Chapter Delegate Assembly,April 14,2002
Ratified by Board of Directors,April 15, 2002
Chicago,IL
INTRODUCTION AND FINDINGS
Wetlands are found throughout the United States and can be classified into two main groups:
coastal or tidal wetlands and inland or nonfidal wetlands. Tidal wetlands are largely comprised of
coastal salt and brackish marshes,mudflats,mangrove(tropical maritime trees or shrubs)and
other swamps subjected to periodic tidal influence. Nontidal wetlands principally include
freshwater marshes,ponds, shrub and wooded swamps, bogs, and bottomland hardwood forests.
Nomidal wetlands represent a complex assemblage of inland wet environments.
Many of these wet environments are universally perceived as "wetlands,"while others can be
recognized and delineated only by trained experts.For classification purposes, wetlands are
subdivided into five primary systems:marine, estuarine, riverine, lacustrine (lakes and ponds)
and palustrine(swamps and marshes).
Wetlands in their natural state perform ecological functions, which are vitally important to the
environment and economic health of the nation and impossible or costly to replace. Wetlands
protect the quality of surface waters by retarding the erosive forces of moving water. They
provide a natural means of flood control providing damage protection by reducing flood peaks,
thereby protecting against the loss of life and property. Wetlands improve water quality by
intercepting and filtering out waterbome sediments, excess nutrients,heavy metals and other
pollutants.
Wetlands are also sources of food, shelter, essential breeding, spawning, nesting and wintering
habitats for fish and wildlife. These include migratory birds,endangered species and
commercially and recreationally important species. Wetlands need to be recognized as part of a
complex,interrelated,hydrologic system.
At the time of the nation's settlement, wetlands represented approximately 221 million acres
(89.5 million ba) of the land area in the lower 48 states(Dahl 2000). By 1997, only 105.5 million
acres (42.7 million ba)remained, leaving just 47.7 percent of the original wetland acreage(Dahl
2000). Wetlands now occupy about 5.5 percent of the land surface of the lower 48 states. Three-
fourths of the remaining wetlands in the continental United States are privately owned and only
about 0.5 percent of these are under some form of conservation protection(Tiner, 1984).
American Planning Association 1 Wetland Policy Guide
09 �
Wetland losses have varied over time. Between the mid-1950s and the mid-1970s, about 11
million acres of wetland were lost,while 2 million acres of new wetlands were created. Thus,in
that 20-year interval, the nation experienced a net loss of 9 million acres of wetland, an area
about twice the size of New Jersey. This represents an annual loss of approximately 458,000
acres(185,400 ha). Agricultural development was responsible for 87 percent of the national
losses while urban development and other development caused 8 percent and 5 percent of the
losses,respectively.
During the period of 1986 and 1997, the estimated total net loss of wetlands was 644,000 acres
(260,700 ha),representing an annual loss of 58,500 acres (23,700 ha) (USFWS 2000). This is a
significant decline in the rate of loss as compared to the period of 1950-1970.Ninety-eight
percent of all wetland losses during 1986-1997 were freshwater wetlands (USFWS 2000).
Between 1986-1997,urban development accounted for an estimated 30 percent of all losses,with
agriculture responsible for 26 percent, silvicultural activities 23 percent,and 21 percent
attributed to rural development((USFWS 2000). The rate of loss to agricultural activities
declined markedly during this period,with only 198,000 acres(80,200 ha)attributed to
agricultural conversion as compared to one million acres (404,900 ha) between the mid-1970s
and 1984(USFWS 2000). This decline is attributed to"Swampbuster"provisions of the 1985
Food Security Act and agricultural set-aside programs
In recent decades,a number of federal, state and local government programs have been
developed for preserving wetlands. Although the rate of loss has slowed markedly,both
conservation and regulatory approaches typically have not been effective in preventing
continued,large and small-scale losses.Most programs have addressed only limited aspects of
the wetlands protection problem and have been adopted in a piecemeal manner. The result is a
patchwork of federal, state and local government programs,which are often duplicative and
confusing, allowing certain wetland conversions to proceed without adequate review,creating
significant delays and added costs to achieving legitimate,permitted uses. Coordination and
reform of the existing piecemeal regulatory environment could ensure adequate and meaningful
review of important natural resource issues, while reducing the time and expense required for
such reviews.
Regulations prohibiting or restricting wetland dredging and filling often produce land use
controversy. Wetland permitting decisions made at the federal level under the U.S. Army Corps
of Engineers, Section 404 program can significantly affect local planning objectives. Citizens
and local, state and federal officials are frequently involved in conflicts over proposed wetland
conversions and the management of surrounding land uses which threaten to degrade or destroy
nearby wetlands.
Similarly, landowners may perceive few personal benefits of protecting wetlands on their
property, and when prevented from converting wetlands,may strongly resist regulatory efforts.
Community and watershed-based planning and other non-regulatory approaches are important in
protecting wetlands and other sensitive natural resources.
Supreme Court rulings have affected wetland regulation either directly or indirectly. One with
the most significant affect is the opinion issued on January 9,2001, in the case of Solid Waste
Agency of Northern Cook County v.Army Corps of Engineers,No. 99-1178, 531 U.S. 159,
American Planning Association 2 Wetland Policy Guide
X99
C1 C i
2001 WL 15333 (2001)("SWANCC"). The Court ruled 5-4 against the Army Corps and EPA,
overturning the Army Corps'attempt to demand a Clean Water Act § 404 permit under the
Corps' and EPA's "Migratory Bird Rule" for construction of a landfill involving the fill of
isolated ponds at a former gravel mining site.Four Justices joined in a lengthy dissent. The
primary effect of the decision is that the Migratory Bird Rule,under which the Corps has
asserted jurisdiction over isolated,non-navigable and completely intrastate waters based solely
on the presence or potential presence of migratory birds, is no longer valid. Isolated wetlands,
therefore, are not afforded protection under Section 404 of the Clean Water Act, based solely on
the Migratory Bird Rule.
The Tulloch Rule resulted from a Supreme Court ruling challenging the Corps of Engineers'
interpretation that their authority allowed them to regulate the drainage of wetlands. The Court
ruled that incidental fallback from dredging is not considered placement of dredged or fill
material within a regulated wetland and therefore no Section 404 permit is required. This also
limited protection for wetlands by the U.S.Army Corps of Engineers under Section 404 of the
Clean Water Act.
Because the planning community is responsible for furthering the public interest, planners can
and should protect valuable wetland functions during development review procedures. Problems
associated with wetlands management,however,require that all levels of government,private
industry and citizens cooperate in finding solutions. This can be accomplished through the
development of comprehensive resource protection plans as part of a watershed-based planning
effort. The best way to protect wetland resources is to identify them in plans and develop
mechanisms to avoid adverse impacts.
GENERAL POLICY
The American Planning Association and its Chapters support legislation and other actions
to achieve the goal of no overall net loss of the nation's remaining wetland's resource base,
as defined by acreage,volume,location, type, and function. In order to achieve the no net
loss goal,APA and its Chapters support legislation and other actions to enhance,restore
and create wetlands where feasible,in order to increase the quality and quantity of the
nation's wetland resource base in conjunction with other natural resource protection
policies. However,replacement of existing wetlands should be considered only after
avoidance and minimization and only where the wetland function in-kind can be replaced
within the same sub-watershed.
Reasons to support general policy:
1) To add APA support to achieving a clearly defined goal for wetland preservation;
2) To indicate APA recognition of the importance of wetlands;
3) To promote the inclusion of wetlands in the overall planning, which must recognize the
hierarchy of protection techniques: avoidance and minimization of wetland impacts are
considered before mitigation;
American Planning Association 3 Wetland Policy Guide
a0�
4) Large,public sector capital projects often result in significant adverse impacts to
wetlands. A no net loss policy and adherence to avoid,minimize,compensate approach
when planning such projects will lead to greater protection of the Nation's wetlands.
POLICY 1. The American Planning Association and its Chapters support a sound
compensatory mitigation policy based on science, which includes:
a) Utilizing a watershed approach in determining the location and design characteristics of
the restoration or replacement of wetlands as a first priority; the watershed approach
requires extensive watershed information,particularly related to climate, hydrology,
historic wetland distribution,habitat for fish and wildlife,cultural,commercial and
recreational importance,current landownership, and existing environmental stressors;
b) Where sufficient information regarding the watershed is not available, the replacement
ratios shall be based on four factors:
1) The degree of disturbance,
2) The complexity and likelihood of successful mitigation of the damaged wetland,
3) The time necessary for the replacing wetland to achieve full functionality
4) The location of the replacement wetland(on-site, off-site but in the same watershed,
or out of the watershed where the loss or damage occurred),rather than a fixed ratio
applied to all losses.
c) Enforcement of permit conditions,and monitoring of mitigation requirements for a
minimum of two years to ensure projects are implemented as designed and serve to offset
the loss of functional value of the damaged wetland;
d) Utilizing in-lieu-fee mitigation under Section 404 of the Clean Water Act only after strict
criteria are established by the U.S. Environmental Protection Agency,U.S. Fish and
Wildlife Service and U.S. Army Corps of Engineers to ensure such mitigation truly
compensates for the loss of functional value,is properly implemented and monitored for
long-term success, and responsibility for the mitigation's success is determined.
Reasons to support policy:
1) The U.S. General Accounting Office (GAO)completed a report on May 30, 2001 that
concluded that "while in-lieu fee mitigation could be an effective tool, it is uncertain
whether the practice is working." This report, Wetlands Protection:Assessments Needed
to Determine the Effectiveness ofln-Lieu-Fee Mitigation, analyzed the U.S.Army Corps
of Engineers'implementation of their use of in-lieu fee mitigation arrangements and
concluded that there was no data to determine whether these sites were actually
mitigating wetland losses. In many Corps offices,for example, it was not known if the
mitigation even was performed. Some Corps offices considered in-lieu fee mitigation to
be a success as soon as the fee had been paid even if no mitigation had been performed.
There is also lack of agreement on who is responsible for completing the mitigation once
the fee is paid—the developer or the Corps. If mitigation is to be successful, it is critical
that these issues be addressed;
Ameri can Planning Association 4 Wetland Policy Guide
1 ('
2) Other experts cite a poor record for compensatory mitigation overall, often resulting
from the failure to meet ecological performance criteria (Zedler and Shabman 2001).
Mitigation requirements are often unclear and efforts are not made to ensure
compliance. Enforcement of existing regulations is therefore a critical component of
wetland protection program;
3) Wetland professionals have also recommended using a watershed approach in
determining mitigation requirements (Scodari and Shabman 2001). Decisions regarding
mitigation—type, location, and ratios—should be based on a reasoning process that
encompasses the needs of the watershed and not from an automatic requirement imposed
through regulation, however, sufficient information about the watershed must be
available to make these decisions. If not, the record of success of the more flexible
approaches to mitigation such as in-lieu fee, suggests that definitive requirements should
be in place. These requirements should be based on a scientific assessment of the
complexity of the wetlands being damaged or destroyed. Ratios should be determined on
the basis of the degree of damage(temporary disturbance versus total loss) and the
location of the replacement wetland. Efforts must be made to avoid destroying
irreplaceable wetland types (e.g.,fens, bogs), convert complex wetlands to more simple
palustrine emergent vegetation (e.g., cattails), or to locate wetlands based on land value;
POLICY 2. The American Planning Association and its Chapters support public-private
partnerships to improved wetlands management,which incorporates private stewardship and
federal,state and local cooperation. Such partnerships should also include the formation of land
trusts and use conservation easements and the purchase of development rights.
Reasons to support policy:
I) Such a partnership approach to wetlands management can be more flexible in achieving
goals than just through reliance on governmental agencies;
2) Partnership arrangements have the potential for developing a broad base of citizen
support for wetland management;
3) A partnership approach provides the broad perspective needed to achieve wetland
planning goals as part ofcomprehensive regional planning activities;
4) By adopting zoning and/or development performance standards for wetlands and
adjacent lands, local governments can achieve comprehensive wetlands that, in many
cases, may obviate the need for federal or state permits.
POLICY 3. The American Planning Association and its Chapters support Congress amending
Section 404 of the Clean Water Act and enact additional legislation as necessary to:
Address the protection of isolated wetlands by recognizing the national interest in isolated
wetlands independent of the definition of public waters;
a) Encourage a watershed approach to both the permitting process and mitigation
requirements by promoting the development of comprehensive wetland management
American Planning Association 5 Wetland Policy Guide
oC 0 s'L
plans by federal,state, and local agencies. These plans must ensure intergovernmental
coordination and achieve the no net-loss goal, with an emphasis on the avoidance of
wetland impacts.
b) Allow and encourage states and regional and local government entities to assume
responsibility for specific portions of the Section 404 program, and other future legislated
programs,so long as they develop and demonstrate the capacity to further the national
goal of no-net loss, and adopt approved state wetlands management plans;
c) Provide for more direct participation by local governments in both the regulation and
management of wetlands based upon a clearly defined wetlands inventory and
classification system;
d) Provide state,regional and local governments with financial and technical assistance to
develop, enforce,and administer wetlands management programs;
e) Establish a comprehensive program that provides tax-based and other financial incentives
to encourage landowners, land trusts,the federal government, states,and local
governments to protect wetlands, and to provide funds for public and semipublic
acquisition, in full or in part,where appropriate;
f) Encourage and allow states to develop other innovative land use incentives to accomplish
preservation of wetlands to the maximum extent possible, such as cluster zoning and
transfer of development rights;
g) Strengthen the biological component of the permitting process to recognize the value of
wetlands for wildlife habitat. This can be accomplished by elevating the role of the U.S.
Fish and Wildlife Service in the review of Section 404 permit to ensure consistent
protection for critical resource waters, habitat for threatened and endangered species.
Reasons to support policy:
1) Because wetlands have important functional values, it is important that all wetlands are
protected and all functional values be considered in a protection program. This requires
that protection be granted to isolated wetlands and that wildlife habitat be recognized in
protection programs;
2) The Clean Water Act gives certain authorities to the U.S.Environmental Protection
Agency (USEPA) in implementing the Section 404 program. These authorities often
involve state environmental protection agencies, which are limited to water quality
issues. As a result, the habitat component of wetlands is often overlooked or minimized.
Placing the U.S. Fish & Wildlife Service (USFWS)on par with the USEPA in
implementation of the USCOE's program would provide more holistic protection for
wetlands;
3) Local government's role in the federal permit decision-making process needs to be
legitimized;
American Planning Association 6 Wetland Policy Guide
.1v3
4) Federal funding for highwaysllood control, water development projects and wastewater
facilities can substantially affect wetlands management at the state level. To achieve
intergovernmental coordination, this funding should be consistent with approved state
management plans;
Both Michigan and New Jersey have assumed the 404 program, while a few others are
attempting to initiate such a program. New legislative initiatives must recognize this lack
of participation, and should provide more productive and workable alternatives to
increase state and local participation;
5) Since most wetlands are privately owned,private incentive programs are essential. The
Food Security Act of 1985 contains a number of incentive programs that foster wetland
conservation; these programs have been highly successful in protecting wetlands and
could be readily expanded with the reauthorization of the 1990 Farm Bill
POLICY 4. The American Planning Association and its Chapters support funding and
authorizing legislation at all levels of government to establish wetland information
clearinghouses,which are integrated with and/or based on the model of the National Spatial Data
Infrastructure, for the purposes o£
a) Establishing standards for defining, classifying, and mapping existing and disturbed
wetlands;
b) Researching wetlands and their functions;
c) Supporting public/public and public/private partnerships to overcome jurisdictional
barriers that limit effective wetland management and utilization;
d) Encouraging cooperative information sharing and wetland management across
watersheds so that damage to wetlands can be avoided or minimized;
e) Establishing and perfecting regionally adjusted restoration and mitigation procedures to
offset such damage to wetlands as may occur;
I) Facilitating the long-term monitoring of restoration and mitigation efforts,and wetland
functions; and
g) Supporting community,regional, and other planning efforts through the collection and
dissemination of accurate information.
Reasons to support policy:
1) The first step in addressing any problem is to adequately identify the scope of the
problem and the resource it is connected to. There is a lack of adequate information on
wetland locations,function and size, and critical species value, although the U.S. Fish &
Wildlife Service's National Wetlands Inventory does contain valuable information.
Funding needs to be provided to complete and maintain this data set.
American Planning Association 7 Wetland Policy Guide
4 v '�
Data gathering and inventory is commonly fragmented across different geographic
jurisdictional boundaries and agency responsibilities that have little relationship to the
resource being evaluated or managed. Clear and definitive wetland classification and
mapping procedures are essential for the identification and protection of existing
wetlands.Advances in computer networks, data manipulation software, and opportunities
for data sharing utilizing the World Wide Web and other means have substantial
potential to overcome traditional boundaries and barriers if the various parties can
establish the means to cooperate.Any cooperative effort requires a common set of
standards. Such standards must allow for both uniform and customized elements of data
so that individual parties can share information and still meet their own unique needs.
The National Spatial Data Infrastructure project is a good model of multiple-agency and
multiple jurisdiction cooperation to facilitate the exchange of information;
2) Wetlands are affected by decisions and policies established by private parties and all
levels ofgovernment. It is not uncommon to have multiple agencies'or governmental
bodies involved in reviewing land use decisions that will impact wetlands. The
establishment of common definitions and standards, cooperative data sharing, and
improved mapping and understanding of wetlands would facilitate the review of
proposed actions, reduce damage to wetlands, eliminate costly duplications of effort, and
create a more consistent and effective means of protecting wetlands and their functions;
3) Many different levels ofgovernment and private parties conduct efforts to plan for the
future. The ability to access accurate information regarding wetlands enhances the
ability of these planning efforts to respond to community priorities, direct actions so that
damage to wetlands is avoided, and encourage efficiency and effectiveness in
government. Access to accurate information will also reduce conflicts that arise through
misunderstanding, increase the probability of successful cooperation in wetland
protections and utilization, and has the potential to reduce the incidence of wetland
related litigation.
POLICY 5. The American Planning Association and its Chapters support state and federal
legislation to provide funding to state and local governments, and regional planning agencies,
where appropriate,to research,classify,and map wetlands and their functions,and perfect
restoration and mitigation procedures.
Reasons to support policy:
1) A national wetland symposium held a number of years ago demonstrated that there are
serious gaps in the scientific knowledge available to restore or create wetland systems.
More recent reports question the effectiveness of wetlands restored for regulatory
compliance. The implications are clear that mitigation frequently is an uncertain
process. Weiland mitigation and restoration, however, has proven successful for certain
types of systems, such as estuarine and dune systems and emergent freshwater marshes.
In order to meet the national goal of no net loss and to increase the quality and quantity
of the nation's wetlands resource base, additional research is essential to define
wetlands, their functions and successful mitigation techniques,particularly with respect
to regional variations. This research must be done on a regional basis to ensure all
American Planning Association 8 Wetland Policy Guide
� aS
wetland types are included. Funding for this research must be provided to state and
local units ofgovernment and regional planning agencies.
Wetlands mitigation generally involves construction of wetlands or restoration and/or
enhancement of degraded systems as compensation for wetlands where losses cannot be
avoided. It is not uncommon, however,for mitigation to be accepted as a substitute for
efforts to initially avoid and minimize losses. Experts have recommended that
governments adopt and enforce mitigation procedures that allow compensation as a last
resort, as long as regulators have sufficient flexibility to select options that best protect
the most valuable functions of the wetlands. Mitigation for wetlands impacts should be
viewed as a sequential process that starts by avoiding and minimizing impacts and ends
with compensation for unavoidable losses.
POLICY 6. The American Planning Association and its Chapters support research and
demonstration projects in the utilization of created wetlands as solutions to non-point source
water quality problems, including but not limited to stormwater management.
Reasons to support policy:
1) The limited research done to this point indicates that the bujjeringffiltering/cleansing
properties of wetlands may be a cost effective solution to many water quality issues
although there have been few demonstration projects implemented to support an
expansion this effort. It is important that this research be conducted and that
demonstration projects be designed and implemented,-
2) Use of wetlands to address non point source water quality problems can also provide
additional space for passive recreational opportunities;
3) Bioretention use of landscape areas expands upon their utility,function and diversity.
POLICY 7. The American Planning Association and its Chapters support efforts to conduct
and sponsor educational and technical assistance programs,for both planning professionals and
the general public, on the values of wetlands, and management strategies to protect and enhance
wetlands. This would include,but not be limited to, wetlands protection in comprehensive land
use planning,zoning,development review processes and performance standards.
Reasons to support policy:
1) Sponsored events can serve as valuable points ofpublic engagement and media
coverage.
2) Education of both planning professionals and the public is necessary towards meeting the
national goal.
3) Education fosters greater awareness of wetland issues in both the professional and public
arenas
American Planning Association 9 Wetland Policy Guide
a06
POLICY 8. The American Planning Association and its Chapters support augmenting the
protection provided by Section 404 of the Clean Water Act by enacting state legislation or local
ordinances as appropriate to:
a) Regulate human-controlled activities which cause adverse impacts to wetlands;
b) Provide protection for isolated wetlands;
c) Strengthen the biological component of the permitting process by recognizing the value
of wetlands for wildlife habitat; and
d) Provide incentives to encourage landowners to protect existing wetlands.
Reasons to support policy:
The Clean Water Act's primary mission is to make the nation's waters fishable, swimmable
and drinkable. Section 404 relates to the deposition of fill material. These factors alone
limit the protection of wetlands to issues related to water quality, making it difficult to
protect wetlands for all of their functional values. Because of these limitations, there has
been reliance on the courts to define the wetland protection program. Recent rulings,
however, have placed limitations on the U.S. Army Corps of Engineers(USCOE)ability to
protect wetlands, such as the Tulloch rule and the isolated wetland case.
1) Isolated wetlands have important functional values that warrant protection, such as for
stormwater management, water quality improvement, and wildlife habitat. Removing
isolated wetlands from the Section 404 program will result in the loss of critical wetlands
across the country;
2) Local government's role in the federal permit decision-making process needs to be
legitimized and federal law should provide the option for local protection to exceed that
which is required by federal statutes.
POLICY 9. The American Planning Association and its Chapters support farm policy
legislation that contains provisions that encourage private landowners to protect, conserve,
enhance and restore wetlands; and are consistent with APA policy goals for wetland protection.
Reasons to support policy:
1) Changes were made in farm policy after 1990 resulting in less focus on the protection of
wetlands. Future legislation should consider the overall effect on the loss of wetlands
especially those due to exclusions,program definitions and prescripted remedies;
2) The federal "Farm Bill", the nation's rural development,farm commodity support, and
rural land conservation legislation, can be a valuable tool in working to achieve the "no
net loss"goalfor wetlands on agricultural lands. Natural resource protection goals can
be achieved by providing options and incentives to landowners that allow for the prudent
American Planning Association 10 Wetland Policy Guide
ao7
use ofproductive agricultural land. One example is the Wetland Reserve Program
(WRP). This is a voluntary program that allows a landowner to enroll in a 30-year or
permanent easement to restore and protect wetlands. The program has been successful
and has reached its limit of enrollment. Additional funding is needed to expand this
program;
3) Previous "Farm Bill"legislation created a list of agricultural activities that are exempt
from wetland protection laws. The exemption of this broad range of activities allows
conversion of wetlands without mitigation. Wetlands converted under these exemptions
contribute to 'net loss'. Reauthorization of the "Farm Bill"should provide for
mitigation of all wetlands converted.
American Planning Association 11 Wetland Policy Guide
� '0 8
2164 Birchwood Lane
Ashland, OR 97520
January 1, 2002
Planning Commission
City of Ashland
20 East Main Street
Ashland, OR 97520
RE: Old Dairy East Village Development
Dear Planning Commissioners:
The area bounded by Clay Street, East Main Street, Tolman Creek Road, and
Ashland Street Highway 66, has 25 acres for eventual development as multi-family—
three 5 acre parcels and one 10 acre parcel.
Although,the application before you concerns only the 5 acre parcel at 250
Clay, I urge you to'take a broader view. What should the entire area look like when infill
is completed? How will buildings in one development relate to buildings in another? Do
we want the design of Chautauqua Trace replicated in the other parcels, or are there
alternatives? Can a comprehensive plan help avoid some of the awkward alleys, blocked
views, and dangerous left turns that exist elsewhere in infill development?
Secondly, before Lower Clay Street fully develops,the intersection at Ashland
Street Highway 66 and Clay Street needs major improvements. The dogleg ramp from
Ashland Street is narrow, twisting, and dangerous for drivers and walkers. Few drivers
slow down to 15 mph to make the turn at the base of the ramp. Many people who live in
this area must walk up the ramp to go to the YMCA and Tolman Creek Shopping Center.
Turning left from Clay Street onto Ashland Street is also difficult and dangerous. In
short, the intersection is an accident waiting to happen.
Sincerely,
Anita L. Nevison
JANg - ZVI
� oq
June 7, 2002
To: Division of State Lands
From: Glen and J. Wayne Cooper
RE: Application number DSL#25411-FP
Proposed wetlands mitigation for the East Village development on Clay Street, Ashland.
Thank you for the opportunity to comment on the proposed mitigated wetlands on the East Village
Project being developed by Russ Dale.
I am writing this for my brother, J. Wayne Cooper, and myself, Glen Cooper. Together, he and I own
a 5 acre parcel contiguous to and directly south of the proposed development. The address of our
property is 300 Clay Street.
The wetland area in question is located on both properties. It is one natural integrated ecosystem that
happens to be located on two separate properties. The flow of water in this natural system is from
south to north,moving from our property on down through the adjacent East Village project,
continuing on down to Bear Creek.
Over the past several months I have personally spoken with Mr. Dale, as well as with several
concerned individuals in the immediate area of the project. It seems to me that Mr. Dale is aware of
the concerns of the community and is responding to their input. We appreciate his willingness to
cooperate with the community and wish him success with his project.
However, we do have one major concern. We are curious as to how the mitigated wetlands will affect
the drainage of the water from our property. As it exists now, the wetlands are an integrated
ecosystem, which has not been significantly altered for many years. It appears to us that the mitigated
wetlands are shifted laterally from the existing natural watercourse. Will this unnatural alteration of
an existing waterway affect the natural drainage flow of the water from our property?
Before we are able to accept the proposed plan, we must be completely convinced and assured that
there will be no impact on the natural existing drainage of water as it flows from our property onward
in it's course. This assurance must come from someone who is highly qualified to make that
judgment. We need to have that information in writing, in the form of an official report, and
acknowledged by all parties involved in the decision making process.
Thank you for your attention to this concern.
Glen A. Cooper
P.O. Box 5753
Santa Barbara, CA 93150
805-680-6742
st�a
Page 1 of 1
Hi Sue,
We spoke a few days ago but I felt it would be good to send you something in writing. My brother Wayne and I
own the parcel of land at 300 Clay Street. Our primary concern with the development of 250 Clay Street has to
do with the wetlands area. We are upstream of the area that is to be developed. We want to make certain that
any work at 250 Clay will not impede natural drainage of water from our property.
It is my understanding that some means of access for Abbot Road will be necessary across the wetlands area.
I hear that the options are to either build a road or construct a bridge across that area. I trust that wise
consideration is given to that access road and that the choice made will be one that has the least impact on the
natural drainage of the wetlands.
I am attaching a copy of a letter that I send to the Division of State Lands June 7, 2002. Since I am unable to
attend the planning meetings, I would ask that this information be included for the record.
Thank you for your consideration.
Glen A. Cooper
P. O. Box 5753
Santa Barbara, CA 93150
805-680-6742
file://C:\WINDOWS\TEMP\TEXT.htm 11/19/2002
Derek severson - Comments on Russ Dale Project/250 Clay Street PaclMl
From: Derek severson
To: Susan yates
Subject: Comments on Russ Dale Project/250 Clay Street
I just spoke to Muriel Munson/215 Tolman Creek Park Space#11/482-1384 and she asked that we
include her concerns in the file for the Russ Dale's project at 250 Clay Street.
1) Chautauqua Trace has already negatively impacted her view on one side, and the addition of
development on the other side of her lot will further limit her view and devalue her property.
2) She is concerned that the parking is inadequate to provide for the new residents.
3) She is concerned with the increased traffic. She says that it is already dangerous to try to get out on
Tolman Creek Road, and the addition of a new development will only make it worse.
4)She is concerned that many units will wind up being used as rentals, as they have in Chautauqua
Trace. She indicated that when renters began moving into Chautauqua Trace, there was a great increase
in the number of thefts that occurred.
She did not have access to email and asked that we print these comments for inclusion in the record.
CC: Bill Molnar
a� �
Jennifer Longshore
2388 Abbott Avenue
Ashland,OR 97520
(541)482-5496
Ashland Planning Commission
20 E. Main Street
Ashland, OR 97520
November 18,2002
Dear Ashland Planning Commission:
This is letter regarding the approval to annex and develop 2001-117.
I would like to ask that you please consider the unsafe impact of the Abbott Avenue
extension. If the street must be"connected" as the city mandates—I hope that you will
urge the developer to implement some traffic calming devices on Abbott Avenue. The
current plan for Abbott Avenue is a sure answer for potential auto accidents and/or hurt
or killed pedestrians in our community.
One idea is to implement traffic circles or medians. (please see drawing below) These
would help to calm traffic. Perhaps the Traffic Safety Commission could assist us in the
development of this street to ensure that it is both safe and livable for all affected
residents.
Thank you for your consideration in this matter.
Sincerely,
Jennifer Longshore
lr ac�e
N.
V --
O ► A eft A
NOV 18 2002 .
!nnin Action
From: Kate Jackson <KoteJaokson@upendoor.00nl>
To: <berh»auf@aoh|and.ur.ua>
Date: 11/14/0211:35AM
Subject: Fwd: Mtg. 11/7: Planning Action 20O1'117
Fran, From the distribution of this e-mail b>Tree Commission, | onn
not sure whether this comment letter got into the Planning File.
Would you check onit for me? Thanks, Kate J.
>Fnmm: Jjobgnpo@cn.onm
>Da(o: Mon, 4 Nov 2OU214:18:41 EST
>Subjeut Mtg. 11/T Planning Action 2O01`117
»To: cuvaragmguy@hutmei|.uom, hn||ey@opendoor.com' katejaokynn@upendoor.onm'
• Omgarden@ao|.00m, dmnnre@mind.netbne|uun@jeffnetorg.
• pmancer@aoh|ond.or.us, |tooger@eadh|ink.net,
• utoj8974@ntudente.uouadu.vvhite||@moind.no1
>CC: ,uouda|e@nnind.ne\
�
>DoerComminoionmrn:
�
»Having received notice nf your meeting this Thursday ot5:OOinour
»novv City Hall, |
»regn*t that | will bo out of state later this week. Neighbor James
>G. Melville of185 Brooks Lane and |. o1175 Brooks Lane, concur in
>the following request which vve
>nespectfu||youbn,it
�
>Ao you see at the upper right uf proposed plan, ten trees are drawn
^near the wetland
>mt upper right(NE)corner. Because our two properties are
>odjacent' ww have two
>conoerna:
�
>1)That ten medium-height EVERGREEN trees line the proposed street to:
• a. Shield our sliding glass doors from year-round lights of traffic; and
• b. Provide some degree of year-round privacy in the use ofour
>bnokyardn.
�
>2)That the healthy stand of wild BLACKBERRIES under the overgrown
>wi||nw from property on the north a1 this corner be removed ot the
»ou<oe1. VVe have seen their takeover of Chautauqua Trace wetlands,
>and homeowners are put(n considerable expense for removal.
�
>Thank you for your consideration. VVe anticipate meeting with the
'P|anning Commission on the 12th.
�
>Sinuere|y.
>Jeanone(3'Bhon
_
Kate Jackson
Pro Tern City Councilor
2O East Main Street
Ashland, OR9752O
�� � �
Susanyates _Fwd rMtg,_11/7
482-2612
katejackson@opendoor.com
OL
so
��
2164 Birchwood Lane NDV 1 4
Ashland, OR 97520
November 12, 2002
Planning Commission
City of Ashland
20 E. Main Street
Ashland, OR 97520
RE: Abbott Street Connection to Clay Street- Make it two-way.
Dear Planning Commissioners:
Please connect Abbott Street from Tolman Creek Road to Clay Street as a two-
lane road as part of the East Village Development.
I live across from Wingspread Mobile Home Park in a 24 unit Planned Unit
Development off Clay Street. To get to Tolman Creek Shopping Center, it is too
dangerous for me to turn left on Ashland Street from the Clay Street ramp. I therefore
travel an additional mile to East Main Street,turn right on East Main and right on Tohnan
Creek Road to get to the shopping center and the freeway entrance.
Abbott Street is probably the only street that will connect Clay Street to Tohnan
Creek Road. Please do not make it one-way for automobiles.
I also like to walk around the neighborhood and to the YMCA and am looking
forward to not having to risk my life on the Clay Street ramp. I'll take Abbott Street
sidewalks instead.
Sincerely,
Anita L. Nevison
oL
From: "RussSUbige/ <moo@mind.net>
To: <yo$»uu@ash|undurue>
Date: 11/12/025:02PM
Subject: Nov. 12 Planning Actions
Planning Commission,
| have on observation regarding the City request allowing "theater" use
inon Employment Zone. VVm seem tn have enough conflicts with music and
noise inn Commercial Zone. While your planning actions regarding Oak
and A have essentially created a de-facto Commercial Zone, changing the
ordinance 1n additionally accommodate it seems 6 bit extreme.
|n regards to2002^106. the applicant io receiving a unit bonus for one
affordable housing unit. |n order to accommodate that hewhiaheoa
variance of50%nn the front set back, putting the front porch 1Ofeet
from busy E. Main Street. |n his application he shows quite clearly
that the unit io not very likely to remain on affordable unit, calling
his condo/apartment approach a way to"maximize investment potential."
| see no benefit iu the City for the variances he seeks. Please reject
the variances, ao they are self imposed, and detrimental to the historic
zone.
|n regards tn2UU1-117, ao long ay the units designated for affordable
housing are dedicated ao such through a Land Trust, and that the wetland
problems are nnitaged. |think the annexation iabenefioia|toAshland.
Dutu the size of the project and the traffic impact that will surely
result, | do feel the developer should be responsible for upgrading Clay
Street. Safety needs{nbeo prime consideration.
RuaeSi|biger
a17
a67( J
`
Fromm: <SD1 ne1>
To: ^avvdb@ao.uonn^, iunno>. <oa(o@mnindoet>.
<cehearn@au.nom>, < m». <dunawo@mind.net>, <jm .org>
Date: 12/23102719PM
Subject: Annexation
Dear Mayor and Councilors:
You will soon be considering another request from Mr. Russell Dale and
associates for on annexation of land byAshland. Approval will bethe
step needed 10 assure that Mr. Dale can proceed with a housing project
adjacent tu Chautauqua Trace.
If conventional wisdom prevails, you will undoubtedly approve Mr. Dale's
undertaking. For conventional thinking falsely equates progress with
growth (by, among other things, overlooking an enduring economic
principle, the fallacy ofoumpnoition°).
Before you approve Mr. Dale's annexation, | hope you will examine your
assumptions, and that you will ask yourself questions like these:
1. How much more traffic congestion would you like inyour
nnnlnounib/?
a)There is already plenty ofbaffin' thanks.
b)Just o little bit more, please.
c)/\whole lot more.
2. How much more air and water pollution would you prefer?
a)Wu have too much already.
b)Just o little more pollution, please.
c)Give me toxic soup!
3. How much more farmland and open space doyou want hbe
developed?
o) |\would be nice ifvvm could save what vve have left.
b) | suppose vve have tu sacrifice this land in the name
ur^prugneoo."
o) |can't bear the sight of undeveloped land going towaste.
4. How much higher du you want your taxes tngo?
a\ For what I'm getting, | think I'm paying enuughm|ready.
b) I'm happy to pay more, even if| can't see any benefits.
5. How much more of your local natural resources (fresh water,
electric power supply,forests, aggregate and minerals)dn you want
consumed?
a) I'd like to conserve our natural resources and use them ao
offiuienUyaepossible.
b)VVu have to sacrifice our resources to create prosperity:
u>VVe should sell all our natural resources for a quick buck.
�� / �
Susan yates-Annexation Page 2
6.Would you prefer that your city government continue to subsidize new
development, or should they use the money to fund schools, extend
library hours, offer day care at community centers, create cultural and
recreational programs, and still have enough left for a tax cut?
a) I'll take the expanded services and the tax cut, please.
b) Let's keep the development fire stoked with my tax dollars.
7. How much bigger do you want your community to be?
a) It is already big enough.
b) Let's just keep growing and see what happens.
c) I love big cities, but am too lazy to move to one.**
A recent study for Alternatives to Growth Oregon showed that"Oregonians
pay over$1 billion per year to subsidize growth." How much subsidy
will we be giving to Mr. Dale's project? Will this public expenditure
bring progress or help undermine the character of Ashland?
Sincerely,
Stan Druben
125 Brooks Lane
Ashland, OR 97520
482-4183
* Example: You hear that a recession is on the horizon. Being a
rational person, you cut your spending. But if everyone cuts spending,
the result is the economic decline your rational action was aimed at
avoiding—perhaps worse decline than might otherwise have occurred.
**These questions and answers are from Eben Fodor's_Better Not Bigger:
How to Take Control of Urban Growth and Improve Your Community_.
CC: <Iberteau @dailytidings.com>
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CITY OF
SHLAND
Council Communication
Title:
Dept:
Date:
Submitted By:
Reviewed By:
Communications Services Subscription-Agreement
Police
January 21,2003
Scott Fleuter, Chief of Police
Brian Almquist, Interim City Administratof/~,-/
Synopsis:
Mayor and Council have authorized City Staff to determine which outside agency could best provide
911/dispatch services to the City of Ashland. Southern Oregon Regional Communications (SORC) and
Medford Central Communications (CCOM) each have the capability to provide such service. Both
agencies have submitted proposals and draft contracts.
Recommendation:
Staff recommends contracting with Mcdford Central Communications.
Fiscal Impact:
The City of Ashland budget could be reduced nearly $400,000 a year by opting to use CCOM for
911/dispatch services.
Background:
Attached is a draft Communications Services Subscription-Agreement between the City of Ashland and
thc City of Medford.
COMMUNICATIONS SERVICES
SUBSCRIPTION-AGREEMENT
Between
THE CITY OF MEDFORD
an Oregon Municipal corporation,
Provider
and
THE CITY OF ASHLAND
an Oregon municipal corporation,
Subscriber.
AUTHORITY. This Agreement is entered into pursuant to ORS 190.010 (4)
PURPOSE. By this Agreement, the Provider shall furnish basic emergency communications
services as herein defined, together with extended services as set forth in Schedule C (Extended
Service)
DEFINITIONS. As used in this Agreement:
Basic emergency communications service (basic service) means those services particularly
described on Schedules A and B for fire and police agencies, respectively;
Board means the Medford Communications Center Board.
Business/service call means a telephone or radio call for service handled by Provider for the
Subscriber, and which is not a 9-1-I call.
CCOM, is an acronym that stands for Central Communications
Extended services are particular services provided by Provider beyond those included as basic
service, particularly described on Schedule B.
Field-initiated request means a communication which is handled by Provider from one of the
Subscriber's service units in the field.
Incident means either a 9-1-1 call, a business/service call, or afield-initiated request as those
Terms are herein defined, that generates an incident number for the Subscriber.
Manager, means the Medford 9-1-1 CCOM Communications Manager.
9-1-1 call means a telephone call for service received over a 9-1-1 line.
Provider means the City of Medford
SORC is an acronym that stands for the Southern Oregon Regional Communications Center
Communications Services Subscription-Agreement
Subscriber, where used in the plural or generic context (not capitalized) means any public agency
subscribing to basic service from Provider under similar contract.
Supervisor, means the Medford 9-1-1 CCOM Communications Supervisor.
System Delivery and Services, the shared computer aided dispatch, police, fire, and EMS System
intended to serve the parties as referenced in this agreement. End user participation and
connectivity to the system shall be the responsibility of the user. An agency wishing to access the
system shall be directly responsible for the purchase of all specified equipment, licenses, and
installation services. An agency accessing the system shall be responsible for all maintenance,
upgrades, and replacement of their equipment.
COMMUNICATIONS LINKAGE AND MAINTENANCE. Subscriber shall independently,
at its own expense, provide or arrange for installation, implementation, maintenance and support of
all lines and equipment necessary to transmit telephone, radio and radio microwave signals to and
from Provider's receiving point. Provider's responsibility is limited to accepting communications at
its center and generating communications compatible with Subscriber's communicahons links.
Provider shall have no responsibility for maintenance or support of communications lines and
equipment except to contract with Qwest Conauunications, its subsidiaries, successors or approved
Contractors for 9-1-1 and E-9-1-1 lines and equipment, and to provide for maintenance of other
equipment and software required for Provider's effective operation of the system.
DISPATCH PROCEDURES
5.1 Not later than 14 days prior to its effective date, Subscriber shall furnish Provider a
complete copy of any proposed new or revised procedure, which would affect Provider's
operations. Within 14 days after receipt, Provider shall notify Subscriber of any provision, which
is incompatible with Provider's operating needs. Unless Provider gives such notice, any such new
or revised procedure shall be accepted and implemented by Provider no later that 15 days after its
receipt.
5.2 Subscriber may designate a particular procedure change as critical, where that change is
required by court order or other exigent circumstances. Provider shall, to the extent possible,
implement immediate procedures, which accommodate the change. If any such procedure is
incompatible with Provider's operating needs, Provider shall notify Subscriber of the reasons
therefore while still implementing the change to the greatest extent possible.
5.3 If Subscriber and Provider cannot informally resolve any dispute under paragraph 5.1 or
5.2 as to dispatch procedures, either party may request that the differences be reviewed by the
Board, as provided in paragraph 7.6.
5.4 Provider shall train its personnel in those of Subscriber's procedures and regulations,
which Provider deems necessary to effectively dispatch and communicate with Subscriber's
personnel. Provider will train Subscriber's personnel as need is determined by Provider and
Subscriber. Training of Subscriber's personnel will consist of radio procedure, introduction and
review of the emergency communications system, and topics that the Subscriber and Provider
agree will promote efficient and effective use of the communications system.
5.5 Subscriber shall provide and continuously update current personnel work schedules and
information necessary for Provider to contact Subscriber's on-call personnel.
Communications Services Subscription-Agreement 2
6. ADMINISTRATIVE RESPONSIBILITY.
6,1 Provider shall have full authority and responsibility over hiring, training, discipline,
scheduling, and assignment of personnel assigned to perform and to supervise services provided
under this Agreement. Provider shall have full discretion and authority to assign priority service
among conflicting service demands at any given time,
6,2 Provider may contract to provide services to other agencies at its discretion; however,
Provider shall undertake no such obligation which has the effect of diminishing or
degrading the level of service provided to Subscriber.
7. BOARD. To assure the best possible service to the Subscriber and other subscribers, and to
provide an avenue for operational and budgetary input from the subscribers, the Subscriber shall
be entitled to participate with other subscribers in a Board, having the authority, responsibility and
functions described in this section,
7,1 The Board shall perform the following functions consistent with laws, ordinances, other
agreements, and sound management practices:
A. Recommend phone answering and dispatch protocol, procedures and policies
related to service delivery (including participation in determining 911IPSAP
service if such service is transferred to another entity).
B, Recommend dispatcher training criteria and program related standards,
C. Recommend equipment replacement and improvement in order to maintain a
progressive standard within the communications center.
D, Recommend general dispatch standards including timeliness, unit designator,
and radio language,
7,2 COMPOSITION: The Board shall consist of one representative from each subscriber
agency chosen by the Subscriber Agencies as provided in this section, and one
representative chosen by the Medford Chief of Police,
7,2,1 The Manager shall chair the Board and serve as the Board representative for the
Medford Police Deparbnent. In the absence of the Manager, the Manager shall designate
a representative to chair the Board. In the absence of a Subscriber Agency representative,
the Subscriber shall designate a representative to act on its behalf,
7.3 MEETINGS: The Board shall meet on a semi-annual basis. The next regular meeting
date and location shall be established prior to adjourning each regular meeting, The Chair
may call a special meeting at any time following a minimum of twenty-four (24) hours
notice to all members, The Chair must call a special meeting within seventy-two (72)
hours following a request to do so by any member of the Board, or by the Medford Police
Chief. Meetings shall be held to correspond with the Manager's annual budget
recommendation to the Board, on or about February 1. The second meeting shall be held
following the termination of the fiscal year, on or about July 1.
Communications Services Subscription-Agreement
3
-,.^. --...---'._.'''.~-'-~'''' '...-
....--.
7.4 RECORDS: The Chair shall keep the records of the Board, A location shall be
provided by the Medford Communications Center as a permanent and accessible
depository for all Board records, All Board correspondence shall be in written form and
copies maintained with the Board's records, Subscribers shall be provided a copy of all
Board meeting records,
7,5 ADVISORY POWERS: The Board is advisory to the Chief of Police of the City of
Medford, and to the governing bodies of Medford Communications Center subscribers,
Consistent with laws, ordinances, and other agreements, the Medford Communications
Center Manager shall comply with recommendations regarding service delivery from the
Board, after approval by the Chief of Police of the City of Medford,
7,6, DISPUTE RESOLUTION:
7,6,1 An individual subscriber having a concern affecting its service, may go directly
to the Manager to resolve the situation, If the issue is not resolved to the satisfaction of
the subscriber, the subscriber may then go to the Board,
7,6,2 If the issue is not resolved to the satisfaction of the subscriber by the Board, the
subscriber may bring the matter before the Chief of Police of the City of Medford, who
shall investigate and recommend a resolution, In the event the issue is not resolved by
the Chief of Police to the satisfaction of the subscriber, the subscriber may appeal to the
City Manager of the City of Medford,
7,6.3 Should Subscriber raise a concern that substantially affects other subscribers
or the overall functioning of the center, the Manager shall refer the concern to the Board,
7,6.4 The Board's responsibility is to review the facts surrounding the dispute and
attempt to mediate, Should the dispute be unresolved after the efforts of the Board, the
Board shall forward a complete report of its findings and its efforts at mediation to the
governing bodies of the Provider and the Subscriber. Neither party shall initiate any
action at law, nor resort to any other legally available remedy without first having
followed the procedure required by this section,
7,7 ANNUAL BUDGET RECOMMENDATION:
7,7,1 The Manager shall seek the advice and recommendations of the Board to
prepare his or her proposed budget, including desired service levels and subscriber
assessments for each ensuing fiscal year. Prior to submitting a budget to the Chief of
Police, the Manager shall submit a proposed budget to the Board for approval and
recommendation to the City's budget officer. Failure of the Board to approve a budget
within two weeks prior to the deadline for submitting the budget to the Medford Finance
Department shall relieve the Manager of obligation to seek Board approval.
7,7.2 The Board and the Manager shall abide by the budget adopted by the Medford
City Council with respect to any and all fiscal matters affecting the financial responsibility
of subscribers to the Medford Communications Center. Any program or operational
changes having expenditures requiring a supplemental budget under Oregon Local Budget
Law must go through all budget preparation and review stages involving the Board, as set
forth herein.
Communications Services Subscription-Agreement
4
..........". .---
.".-.
8. FEES. Subscriber shall pay an annual fee for services under this Agreement. That fee shall be
computed as provided in Schedule C (Fee Schedule). Fees shall be due and payable in advance in
equal quarterly installments as set forth in Schedule C. Should Subscriber be in arrears in payment
of its fees hereunder, such default shall not be deemed a material breach unless Subscriber's entire
account balance is still unpaid more than 45 days after written notice by Provider of intent to
terminate,
9. RISK ALLOCATION. Neither party or its officers and employees shall be considered the agents
of the other for any purpose, Each party agrees to indemnifY the other from each and every claim
which the indemnitor would be legally liable to pay if. (a) a claim asserting the same loss or injury
were made directly against the indemnitor, whether or not such a direct claim is actually made;
and (b) the loss or injury sustained by the complainant resulted from the acts, errors or omissions
of the indemnitor or those for whose actions the indemnitor is responsible under the Oregon Tort
Claims Act. This mutual right to indemnity is in addition to and not in lieu of any other right of
contribution or indemnity which may exist in favor of either party under Oregon Law; and the
right to indemnity extends to officers, employees, and agents of the indemnitee party for claims
made against them because of their actions or capacity as such, "Indemnify," as used herein,
means to indemnify, defend, and save harmless,
10. TERM AND TERMINATION: This Agreement shall be in effect commencing on the date of
execution as set forth below and ending June 30, 2008. This Agreement shall be automatically
renewed after the original term unless either party provides notice to the other as provided in this
paragraph eleven.
II. RENEWAL. Either party may terminate this Agreement at the end of the original term (June 30,
2008) without penalty or cause, by written notice of intent to terminate delivered to the other party
no later than January I, 2007, If no such notice is given the Agreement is automatically extended
and shall remain in effect between the parties unless terminated in the following manner: After the
end of the original term, the agreement may be terminated at the end of any fiscal year, without
penalty or cause, by written notice of intent to terminate delivered to the other party no later than
18 months prior to the end of that fiscal year. Payment of fees shall be established pursuant to
Schedule "C", attached,
12. AMENDMENTS. The parties may, from time to time, agree to amend the provisions of any
schedules attached to this Agreement; provided, however, that the method used to compute
Subscriber's annual fee as set forth in Schedule C shall not be amended unless all other subscribers
agree to similar amendment. Costs associated with expansion of services, or new (not
replacement) equipment shall not be included in the calculation ofthe basic service fee without the
consent of all subscribers, All amendments shall be in writing, and signed by the parties' duly
authorized representatives, As used in this section, "replacement equipment" means equipment
which replaces a function previously performed by other equipment owned or leased by Provider,
and which must be replaced because its repair or maintenance cost equals or exceeds its fair
market value,
The proposed extended service agreement (Schedule "B") includes: participation in the Computer
Aided Dispatch (CAD), Records Management System (RMS), Mobile Data Computer System
(MDC), CAD/MDC interface, Paperless Report Writing System, and MDC/RMS interface.
13. COMPLETE AGREEMENT
13,1 Schedules A, B, C, and D, referenced herein above, are hereby incorporated as part of this
Agreement as though fully reproduced herein,
Communications Services Subscription-Agreement
5
~_............--~--"'.."-'- ._-.._,
-."..-
13.2 This Agreement represents the complete and integrated understanding of the parties with
respect to all particulars covered herein, All prior agreements, written and oral, are hereby
canceled, No prior written or oral representation, negotiation, or statement which conflicts with
the terms hereof shall be considered to in any way modify, abridge, or invalidate any provision
hereof, and no evidence of such shall be admitted in any proceeding in which the terms and
application of this Agreement are at issue,
14. NOTICE Any notice required to be given to Provider under this Agreement shall be given to
Provider's Chief of Police. Any notice required to be given to Subscriber under this Agreement
shall be given to Subscriber's Chief of Police.
IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names
by their duly authorized representatives as the dates set forth below.
CITY OF MEDFORD, OREGON
THE CITY OF ASHLAND
By:
By:
City Manager
City Administrator
Date:
Date:
Approved:
Chief of Police
City of Medford
Chief of Police
City of Ashland
Communications Services Subscription-Agreement
6
SCHEDULE A
BASIC EMERGENCY COMMUNICATIONS SERVICE
FOR POLICE, FIRE AND MEDICAL AGENCIES
I. Answer "business/service" and "9-]-] emergency" calls for service,
2. Dispatch "business/service" and 9,1-1 emergency" calls for service,
3, Dispatching operations will be conducted with the use of a computer aided dispatching system, of
which Ashland is a member of the regional CAD project.
4. Maintain and record unit status and availability,
5, Paging services for "public safety purposes", (Shall include paging Ashland Public Works for
emergencies. )
6, Radio broadcasts of "administrative messages", "attempts to locate", "all-point bulletins", and "Street
Closure Announcements". This includes screening of teletypes and supplying that information to the
proper jurisdiction,
7, Provide DMV (Department of Motor Vehicle), NCIC (National Crime Information Center) LEDS
(Oregon Law Enforcement Data System), and Jackson County regional automated information as
requested by field units and the Subscriber.
8, Maintain (with mutual assistance) an equipment resource file, responsible persons file, personnel call-
up list, programming for CAD files, and department personnel work schedule.
9. Provide public safety telephone messages via the Communications Center.
10, Maintain backup radio and telephone equipment; also provide backup emergency power for radio and
telephone service for the Communications Center.
I], Maintain recordings of all telephone and radio communications, provide retrieval at the subscriber's
request. Audio-cassette copies will be provided at the subscriber's request.
\2, Answer "business/service/emergency" drop line from Ashland Police Department. Phone equipment
and lines to be provided and maintained by Subscriber.
13, Provide routine "testing" at agency's request
14, Maintain and update the Geographic Base File (Geo Base), This file will be established in each
subscriber agency in conjunction with the City of Medford to cover geographic requirements within the
Computer-Aided Dispatch program.
15, Assist with the maintenance and upgrade of MSAG (Master Street Addressing Guide) files for the
Enhanced 9-1-1 System.
Communications Services Subscription-Agreement
7
~.............----'-_..~ ','.-< .---.-...-.....--... --~
SCHEDULE B
EXTENDED SERVICES FOR THE CITY OF ASHLAND
When systems are available and on-line, Provider will furnish Subscriber with the following extended
services beyond Basic Emergency Communications Service as described in Schedules A and B, as
applicable,
I, Connectivity to MDC (Mobile Data Computer) interface with CAD (Computer Aided Dispatching)
System.
2. Connectivity to RMS (Record Management System) interface with CAD System,
3, Connectivity to CMS (Corrections Management System) interface with CAD,
4, Connectivity to Paperless Report Writing System interface with CAD, at the time that this system
becomes available,
5, After hours paging Services for Ashland Public Works Personnel for "Public Safety Purposes" or
during emergencies,
PACKETCLUSTER CUSTOMER FEES
Initial Infrastructure Costs:
$2,688 Per Server License - (This includes $1,688 software costs + $1,000 server upgrade) One time
charge,
Licensing Costs:
$695, Client License required for each mobile and LAN-based machine, One time charge,
Annual Program Costs:
$796, Per Server License (Operating and Maintenance Fees)
PACKETWRITER CUSTOMER FEES
Initial Infrastructure Costs:
$1,440 Per Client License - One time Charge
Licensing Costs:
$1,750, Per Client License (Includes $750, incident report + $750, Accident Report (one time fee)
+ $270, First year annual maintenance fee,)
Annual Program Costs - After the First Year:
$270, Per Client License - Maintenance Fee,
MDC/CAD INTERFACE
Initial Infrastructure Costs:
No additional cost ifDispatch/PSAP Service is provided by Medford Police Department CCOM
PACKET WRITERJRMS INTERFACE
To be negotiated when implemented,
Communications Services Subscription-Agreement
8
.......'.~' ._"
SCHEDULE C
FEE SCHEDULE FOR THE CITY OF ASHLAND
I. FY 2002-2003 FEES: Subscriber's fee for services provided under this Agreement shall be
$337,210 for Basic Service Fee plus negotiated fee for any extended services, less Ashland's
9-1-1 funds. The fees shall be reviewed on an annual basis, Subsequent contract annual base
fees shall be calculated on the percentage of workload generated by subscriber in relation to
CCOM's total operating budget.
1,1 Extended Service Fee: For Extended Services, as set forth in Schedule "B",
Subscriber shall pay based on service requested and the number of server/client
licenses required
1,2 Fee Formula for Dispatching/PSAP Fees based on the following:
. Answering point for all Ashland PSAP calls, non-emergency phones,
and after- hours utility phones,
. Full-Time Dispatch Service to AsWand Police, and Ashland
FirelMedical.
. Ashland will maintain all necessary RF infrastructures to receive
Medford's radio transmissions,
. The five (5), currently employed, senior Ashland Dispatchers will be
offered the option of a lateral transfer to Medford CCOM, The
remaining two (2), currently employed, AsWand Dispatchers shall be
listed by the City of Medford as regular laid-off employees and shall
have priority to subsequent vacant Dispatcher positions over other
eligible persons. Per ORS 236,630, their salaries will be equal to, or
greater than, their current base salary, They will retain all rights as
described in ORS 236,605 to 236,640,
. The fees for fiscal year 2003-2004 shall be based on the 2002 calendar
year calls for service as a percentage of CCOM' s calls for service as
applied to the budget for CCOM,
(Note: Ashland's calls for service for calendar year 2002 were 69,932
and the calls for service for CCOM for the calendar year 2002,
including Ashland, were 407,537)
. The fees for fiscal year 2004-2005 and thereafter shall be adjusted
annually, based on the preceding calendar year's actual calls for service
as a percentage of total CCOM's calls for service as applied to
CCOM's budget.
Communications Services Subscription-Agreement
9
.....--.--.--.......-.
~._.,.,.,-, .....,........
ANNUAL FEE SCHEDULE
Cost Considerations:
Figures based on estimate of26% increase in workload to CCOM:
Staffing Formula:
Additional CCOM staffing required: (I) Dispatcher - 24 hours x 365 days = 8,760 hours,
divided by 1824 hours, (Staffing time available per employee) = 4,8 employees,
Five (5) Ashland Dispatchers by Lateral Transfer
Overtime five (5) Dispatchers x 50 hours per year x $31.00
Supervisor $70,500 x 10%
Manager $84,000 x 10%
Increase in Materials and Services
Administrative Costs $81,000 x 26%
$270,000
7,750
7,050
8,400
22,950
21,060
$337,210*
*Ashland 9-1-1 Funds, assigned to Medford or SORC (see paragraph 4 below), shall be
debited from this contract figure,
1,3, It is understood and agreed by the parties that the operating cost of "E-9-1-1 " service
shall, when made available by Provider, be automatically included in the budget for
purposes of fee calculation, Subscriber shall be required to pay any additional fee
based on the initial capitation of E-9-1-1 capability, These fees would only be those
costs directly associated with providing E-9-1-1 service to Subscriber's venue, These
fees will include such costs as master street address guide (MSAG) development and
maintenance, telephone lines installation and maintenance, and any other costs that
are required to provide this service that are beyond which is required for providing
this service to the City of Medford,
1.4 Subscriber will be responsible for installing a telephone accessible to the public after
hours at Ashland Police Department that rings into Provider's Communications
Center; install direct phone to Provider's Communications Center from each of
Subscriber's fire stations; install a business phone line to Provider's Communications
Center that Subscriber's citizens can use when reporting non-emergency calls for
servIce.
1.5 Warrant confirmation: It will be the responsibility of Ashland Police Department
(APD) to enter their warrants according to LEDS/NCIC guidelines, complete a
warrant worksheet for each warrant, listing all pertinent warrant information, and
deliver the entered warrants to Medford Police Records Division (MPD) immediately
after entry,
The original warrant, completed worksheet, and pertinent teletypes will be filed in a
8,5 X II" manila envelope, A typed label will be affixed to the top right hand corner
of the envelope listing the last name, first name, and middle name, The label shall
also contain either "APD" or "Ashland PD
Any warrant locate teletype information received by APD will be relayed to the
Medford Police Department as soon as possible. Upon receipt of the warrant
envelope, MPD shall file the warrant alphabetically in MPD warrant files, MPD will
Communications Services Subscription-Agreement
10
.......~"...,-
.".....
confirm the warrants and clear the warrants from LEDSINCIC and the Tiburon
Records Management System (RMS).
MPD shall send cleared Circuit Court warrants back to Circuit Court or to the
Jackson County Sheriff's Office to be served upon receipt of the defendant. Ashland
Municipal warrants will be returned to APD, All completed warrant worksheets,
teletypes and empty APD warrant envelopes will be returned to APD,
2 , EXTENDED SERVICE FEE: Subscriber may annually request renewal or modification of
the extended services contained in Schedule "8", Provider shall quote a fee for such request
based on the cost to Provider in extending those services, Provider's "Cost" shall take into
consideration the total cost of providing such services,
3. PAYMENT SCHEDULE: Once the Provider is able to provide basic communications
service, Subscriber shall pay its total annual fee in advance in equal quarterly installments,
Quarterly installment payments shall be due and payable on the following dates:
July 30 - September 30 - December 31 - March 31
4. 9-1-1 FUNDS: Ashland shall assign all 9-1-1 State funds to the City of Medford, All
Ashland assigned 9-1- 1 funds will be debited from the contractual annual fees. Should the
State require Ashland 9-1-1 funds be assigned to SORC, the amounts so assigned to SORC
shall continue to be deducted from the contractual annual fees due under this Agreement. For
2002-2003,9-1-1 funds received by Ashland will be approximately $1.09187 per capita per
quarter, multiplied by the city population of 19,770 or $86,345 per year.
Communications Services Subscription,Agreement
11
..,...........-'_....~.._.
SCHEDULE D
SATELLITE OFFICE DURING TRANSITIONAL PERIOD
This schedule shall be in effect for a period commencing on the date of execution and expire upon
completion of the construction of the new CCOM facility with a planned completion date of December 3],
2003, During this transitional period all dispatchers will receive cross training on the individual
jurisdiction's procedures and standard operating policies.
1, Provider will assume the current Ashland Dispatch Center as a satellite Dispatch/PSAP center.
2, It is determined that a minimum of(7) dispatchers will be required to staff the satellite center.
During this transitional period all (7) currently employed Subscriber dispatchers will be retained,
Provider will be responsible for all related personal service costs of (5) dispatchers assigned to the
center and Subscriber will be responsible for all personal service costs for the remaining (2)
assigned dispatchers.
3, Provider will be responsible for all satellite office related communications equipment.
4, Provider will be responsible for all satellite related materia] and services related costs,
5, Subscriber will assist in staffing and supervision issue of the assigned personnel.
Communications Services Subscription-Agreement
]2
.............'.....-.'"
,-, -<._, .,....."......-
Office of the Mayor
Alar~ V./.. DeBoer
MEMORANDUM
TO:
FROM:
DATE:
RE:
City Council
Mayor Alan DeBoer ~
January 15, 2003
Request for confirmation of appointment of Gino Grimaldi as
City Administrator
January 21, 2003 City Council Meeting
First, I wish to thank the entire City Council for participating as the interview panel for the six
finalists for the position of City Administrator. The process we used for screening the
candidates was both thorough and professional, and I am pleased to be able to recommend
confirmation of Mr. Gino Grimaldi as our next City Administrator.
Since each of you have already received a copy of his resume, I will not reiterate his
qualifications here. In summary, Mr. Grimaldi brings to us 22 years of local government
experience with demonstrated accomplishments in community relations, transportation,
economic development, financial management, community consensus building, negotiations
and intergovernmental relations as well as a proven ability to work effectively with elected
officials, citizen groups, and employees in a team-oriented environment.
He will begin his employment with the City on February 18 at an annual salary of $111,184,
which is within the range established for the position. Interim Administrator Brian Almquist
negotiated the other terms and conditions under my direction.
In accord with the City Charter, I therefore request your confirmation of my appointment of Gino
Grimaldi as City Administrator, effective February 18, 2003.
Attachment:
City of Ashland · 20 East Main Street · Ashland, OR 97520 · (541) 488-6002 · Fax: (541) 488-5311 · Email: awdb@aol.com
CITY OF
-ASHLAND
Council Communication
Title:
Review of the Oregon Department of Transportation Signal Project on
Highway 99 (N. Main Street / Lithia Way) at the intersections of Helman,
Pioneer and 2"d Streets
Dept:
Date:
Submitted By:
Approved By:
Synopsis:
Public Works Department
January 21, 2003
Paula ~°mX~t~~
Brian
The Oregon Department of Transportation has been working with City staff on a signal replacement
project within the downtown core. City staff has been coordinating this work with the addition of
crosswalk bumpouts and other pedestrian safety items. Staff and ODOT will be available to discuss the
signal project and construction timeframes.
Recommendation:
This item is for Council information only. No action is required.
Fiscal Impact:
There are no fiscal impacts to the City as a direct result of this project. The City has entered into a
separate agreement for the maintenance an operation of all signals through Ashland.
Background:
The Oregon Department of Transportation is currently assembling plans and specifications for the
Helman - 2nd Street Signal Project. This project installs five traffic signals on Highway 99 (bi. Main
Street / Lithia Way / Siskiyou Blvd.) at the intersections of Helman, Pioneer and 2nd Streets. In a
separate action, Council is scheduled to approve two easements as a result of the pole and control
locations.
In addition to the signals, City staff has a contract with Hammond Engineering to design the curb
bumpouts and pedestrian improvements at several locations so that work can be done in conjunction
with the ODOT signal work. New curb bumpouts (extensions) are being designed for the intersections
of Pioneer and Lithia Way, and 2nd Street / 'C' Street and Lithia Way. In addition to these bumpouts,
staff and Hammond Engineer are also designing bumpouts at N. Main and Water Streets, E. Main and
Oak Streets, East Main and First Streets, and Lithia Way and Oak Street.
The project is scheduled to begin in the spring and be completed by November 2003.
G:\pub-wrks~admin\PB Council\Street_ODOT misc\CC ODOT Signal Proj 21Jan03.doc
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CiTY OF
-ASHLAND
Council Communication
Title:
Approval of Oregon Public Works Emergency Response Cooperative
Assistance Agreement
Department:
Date:
Submitted By:
Reviewed By:
Approved By:
Synopsis:
Public Works Department
January 21, 2003
Paula Brown/~Z-~
Paul Nolte
Brian Almquis~'-~
The State of Oregon, Department of Transportation, is requesting the City's consideration to become a
party to the Oregon Public Works Emergency Response Cooperative Assistance Agreement. Approval
of this action would enable the City of Ashland's Public Works Department to provide both support and
receive emergency aid from other local (city, county and state) public works agencies,
Recommendation:
It is recommend that Council approve the attached Oregon Public Works Emergency Response
Cooperative Assistance Agreement and amend the City's Emergency Management Plan to include this
mutual aid agreement and requirements to request reciprocal emergency aid.
Fiscal Impact:
Signing the agreement does not fiscally bind the City. If there were an emergency and the City requests
emergency aid, the City as the requesting agency, would be responsible for payment to the responders.
Likewise, should the City respond to another agency's request, the City would be compensated for
support as stated in the agreement.
Background:
The Oregon Public Works Emergency Response Cooperative Assistance Agreement was established in
1998. Since then, over 100 agencies participate in the mutual aid agreement and could receive the
benefits. As shown on the attached letter from the Oregon Department of Transportation, the agreement
offers three primary benefits to the City:
· Enables public work agencies to support each other during an emergency.
· Provides the mechanism for immediate response to the Requesting Agency when the Responding
Agency determines it can provide the needed resources and expertise.
· Sets up the documentation needed to seek maximum reimbursement possible from federal agencies.
The City participates in similar mutual aid agreements with Fire and Safety.
G:\pub-wrks~adminkPB Council\CC PW Emerg Response Mutual Aid 21Jan03.doc
Oregon
.~ohn A Kitzhaber M D Governor
DATE: November26j200 DEC- 2 2002_ ;'"
S~te M~nten~ce Engineer
Department of Transportation
Office of Maintenance
800 Airport Road SE
Salem, OR 97301-4798
(503) 986-3000
FAX (503) 986-3032
FILE CODE:
SUBJECT: Oregon Public Works Emergency Response Mutual Aid Agreement
Enclosed for your agency's consideration and adoption is a copy of the Oregon Public
Works Emergency Response Cooperative Assistance Agreement. More than 100 agencies
signed the agreement since it was first offered to local public works agencies in July
1998.
The Oregon Department of Transportation (ODOT) initiated the agreement based on
advice from the ODOT Local Officials Advisory Committee. The Oregon Department of
Justice reviewed the agreement.
The mutual aid agreement:
Enables public works agencies to support each other during an emergency.
Provides the mechanism for immediate response to the Requesting Agency when the
Responding Agency determines it can provide the needed resources and expertise.
Sets up the documentation needed to seek maximum reimbursement possible from
federal agencies.
Public works a~encies in Oregon may sign the agreement or cancel their participation as
they wish. ODOT maintains the list of all parties to the agreement and sends an updated
list to all agencies whenever an agency is added to or removed from the list. Any agency
may cancel its participation by giving written notice.
To become a party to the agreement, send the completed signature page to:
Rose Gentry
ODOT Office of Maintenance
800 Airport Road SE
Salem, OR 97301-4798
Fax: (503) 986-3032
If you have any questions about the agreement, please call Rose Gentry, ODOT
Statewide Emergency Operations Manager, at (503) 986-3020.
Form 734-2448 (6-99)
.'
OREGON PUBLIC WORKS EMERGENCY RESPONSE
COOPERATIVE ASSISTANCE AGREEMENT
THIS AGREEMENT is between the government agencies (local, county, or state) that
have executed the Agreement, as indicated by the signatures at the end of this document.
WITNESSETH:
WHEREAS, parties to this agreement are responsible for the construction and
maintenance of public facilities such as street, road, highway, sewer, water, and related
systems during routine and emergency conditions; and
. WHEREAS; each of the parties 0:wn5;andmaintainsequipm~~loys
personnel who are trained to provide service in the construction lUld maintenance of
street, road, highway, sewer, water, and related systems and other support;
WHEREAS, in the event of a major emergency or disaster as defmed in ORS 40
1.025 (4), the parties who have executed this Agreement may need assistance to provide
supplemental personnel, equipment, or other support; and
WHEREAS, the parties have the necessary personnel and equipment to provide
such services in the event of an emergency; and
WHEREAS, it is necessary and desirable that this Agreement be executed for the
exchange of mutual assistance, with the intent to supplement not supplant agency
personnel;
WHEREAS, an Agreement would help provide documentation needed to seek the
maximum reimbursement possible from appropriate federal agencies during emergencies;
WHEREAS, ORS Chapter 401.480 provides for Cooperative Assistance
Agreement among public and private agencies for reciprocal emergency aid and
resources; and
WHEREAS, ORS Chapter 190 provides for intergovernmental agreements and
the apportionment among the parties of the responsibility for providing funds to pay for
expenses incurred in the performance of the agreed upon functions or activities;
NOW THEREFORE, the parties agree as follows:
1
1. Request
If confronted with an emergency situation requiring personnel, equipment or material not
available to it, the requesting party (Requestor) may request assistance from any of the
other parties who have executed this Agreement.
2, Response
Upon receipt of such request, the party receiving the request (Responder) shall
immediately take the following action:
A. Determine whether it has the personnel, equipment, or material available
to resporidto therequest. .^' . ..
B. Determine what available personnel and equipment should be dispatched
and/or what material should be supplied.
C. Dispatch available and appropriate personnel and equipment to the
location designated by the Requestor.
D. Provide appropriate access to the available material.
E. Advise the Requestor immediately in the event all or some of the
requested personnel, equipment, or material is not available.
NOTE: It is understood that the integrity of dedicated funds needs to be protected.
Therefore, agencies funded with road funds are limited to providing services for road
activities, sewer funds are limited to providing services for sewer activities and so on.
3. InCident Commander
The Incident Commander of the emergency shall be designated by the Requestor, and
shall be in overall command of the operations under whom the personnel and equipment
of the Responder shall serve. The personnel and equipment of the Responder shall be
under the immediate control of a supervisor of the Responder. If the Incident Commander
specifically requests a supervisor of the Responder to assume command, the Incident
Commander shall not, by relinquishing command, relieve the Requestor of responsibility
for the incident.
2
.............---.-...'.--....
4. Documentation
Documentation of hours worked, and equipment or materials used or provided will be
maintained on a shift by shift basis by the Responder, and provided to the Requestor as
needed.
5. Release of Personnel and Equipment
All personnel, equipment, and unused material provided under this Agreement shall be
returned to the Responder upon release by the Requestor, or on demand by the
Responder.
6. Compensation
ltiL~I't:\:ly"undersJQ.QdJhat th~~..sp.Qlli1eL..willb~Jeimbursed (e g.labor, equipment,
materials and other related expenses as applicable, including loss or damage to
equipment) at its adopted usual and customary rates. Compensation may include:
A. Compensation for workers at the Responder's current pay structure,
including call back, overtime, and benefits.
B. Compensation for equipment at Responder's established rental rate.
C. Compensation for materials, at Responder's cost. Materials may be
replaced at Requestor's discretion in lieu of cash payment upon approval
by the Responder for such replacement.
D. Without prejudice to a Responder's right to indemnification under Section
7.A. herein, compensation for damages to equipment occurring during the
emergency incident shall by paid by the Requestor, subject to the
following limitations:
1) Maximum liability shall not exceed the cost of repair or cost of
replacement, whichever is less.
2) No compensation will be paid for equipment damage or loss
attributable to natural disasters or acts of God not related to the
emergency incident.
3) To the extent of any payment under this section, Requestor will
have the right of subrogation for all claims against parties other
than parties to this agreement who may be responsible in whole or
in part for damage to the equipment.
3
4) Requestor shall not be liable fordam~sed by the neglect of
the Responder's operators.
Within 30 days after presentation of bills by Responder entitled to cornpensation under
this section, Requestor will either payor make mutually acceptable arrangements for
payment.
7, Indemnification
This provision applies to all parties only when a Requestor requests and a Responder
provides personnel, equipment, or material under the terms of this Agreement. A
Responder's act of withdrawing personnel, equipment, or material provided is not
considered a party's activity under this Agreement for purposes of this provision.
..-.,...~, ~
", To the~tent perrriitted ,bycArticleXI of-th-eOregOfi'€Ot1st1iUtion'm1dby-'the Oregon Tort
Claims Act, each party shall indemnify, within the limits of the Tort Claims Act, the
other parties against liability for damage to life or property arising from the indemnifying
party's own activities under this Agreement, provided that a party will not be required to
indemnify another party for any such liability arising out of the wrongful acts of
employees or agents of that other party.
8. Workers Compensation Withholdings and Employer Liability
Each party shall rema.in fully responSible 'lis employer for all taxes, assessments, fees,
premiums, wages, withholdings, workers compensation and other direct and indirect
compensation, benefits, and related obligations with respect to its own employees,
Likewise, each party shall insure, self-insure, or both, its own employees as required by
Oregon Revised Statutes.
9. Pre-Incident Plans
The parties may develop pre-incident plans for the type and locations of problem areas
where emergency assistance may be needed, the types of personnel and equipment to be
di,spatched, and the training to. be;conducted to ensure efficient operations. Such plans
shall take into consideration the proper protection by the Responder of its own
geographical area.
10, The Agreement
A. It is understood that all parties may not execute this Agreement at
the same time. It is the intention of the parties that any
governmental entity in the State of Oregon may enter into this
Agreement and that all parties who execute this Agreement will be
4
~......_""
considered to be equal parties to the Agreement. The individual
parties to this Agreement may be "Requestor" or "Responder's" as
referred to in Section 1. and 2. above, to all others who have entered
this Agreement.
B.
The Oregon Department of Transportation (ODOT) Office of
Maintenance shall maintain the master copy of this Agreement,
including a list of all those governmental entities that have executed
this Cooperative Assistance Agreement. ODOT will make the list of
participants available to any entity that has signed the Agreement.
Whenever an entity executes the agreement, ODOT shall notify all
others who have executed the Agreement of the new participant.
Except as specifically provided in this paragraph, ODOT has no
obligations to give notice nor does it have any other or additional
obligat~9nsthanany,.Qtber,party.. .
. ,
C. This Agreement shall be effective upon approval by two or more
parties and shall remain in effect as to a specific party for five years
after the date that party executes this Agreement unless sooner
terminated as provided in this paragraph. Any party may terminate
its participation in this Agreement prior to expiration as follows:
1) Written notice of intent to terminate this Agreement must be
given to all other parties on the master list of parties at least
30 days prior to. terminatioIldate.. This notice shall
automatically terminate the Agreement as to the terminating
party on the date set out in the notice unless rescinded by that
party in writing prior to that date.
2) Termination will not affect a party's obligations for
payment arising prior to the termination of this Agreement.
11. Non-exclusive
This AgreemeQt is Ilpt i.ntended to be;ex<<lu~ive among the parties. Any party,tp.ay
enter into separate cooperative assistance or mutual aid agreements with any other
entity. No such separate Agreement shall terminate any responsibility under this
Agreement.
12, Parties to This Agreement
Participants in this Agreement are indicated on the following pages, one party per
page.
5
IN WITNESS WHEREOF, the parties hereto have caused this,A@iWment for Public
Works Cooperative Assistance to be executed by duly authorized representatives as of
the date of their signatures.
STATE OF OREGON
DEPARTMENT OF TRANSPORTATION
~~
Dou ndall
Maintenance Engineer
Z. \IJ:>J OL.
Date
6
IN WITNESS WHEREOF, the P!U1ies hereto have caused this Agreement for Public
Works Cooperative Assistance to be executed by duly authorized representatives as of the
date of their signatures,
Agency
County, Oregon
Authorized Representative
Date
Designated Primary Contact:
Office:
Contact:
Phone Number:
Emergency 24 Hour Phone Number:
E-mail address (if available):
7
CITY OF
-ASHLAND
Council Communication
TITLE:
DEPT:
DATE:
SUBMITTED BY:
APPROVED BY:
Synopsis:
Recommendation:
Fiscal Impact:
Background:
Project Round-Up Proposal
Electric & Telecommunication
January 17, 2003 ,.c"~
Dick Wander s c h~fl[~/JF//gl~4/
Brian Almquist
Low-Income Energy assistance is becoming more of an issue as Ashland's electric
rates rise. This staff initiated proposal would allow a voluntary round-up of utility
bills to the nearest dollar with the additional funds being solely devoted to bill
paying assistance for low income customers.
Staffrecommends the Council direct staffto implement the Round-Up program.
Since all additional funds generated will be reallocated for bill paying assistance
there should be no fiscal impact to the City.
In 1999, the Oregon legislature passed an electric deregulation bill that
deregulated the Investor Owned utilities in Oregon. As part of that bill, these
utilities were also mandated to begin a low-income bill paying assistance
program. Publicly owned utilities (Municipals, PUD's and Coop's) were also
required to have a low-income program implemented by October 2001. The
IOU's were required to collect and re-distribute a total of $10 million beginning
on Oct. 1, 2001. The Public utilities were given considerable discretion in
program design and funding levels.
The City of Ashland implemented its low-income program in FY 2001-02 and it
has continued during the current budget year (02-03). We utilized the same
fo,nula that the IOU's were required to use and this resulted in an annual
budgeted amount $67,000 for bill paying assistance. In 01-02, the program was
initiated in January 2002 and all of the money was spent. During this budget year
the program was started in November, 2002 and to date all funds have been
allocated.
Because of increased wholesale rates from BPA, the city has had to increase its
retail rates considerably over the last couple of years. This has increased the
demand for energy assistance funding beyond the amount available under the
utility's program.
Electric/Telecommunication Dept.
Dick Wanderscheid, Director
90 N. Mountain Ave Phone: (54 I) 488-5357
Ashland, OR 97520 Fax: (541) 552-2436
Many public utilities in the United States operate a "round-up" program to
provide public purpose funding. A round-up program rounds up customers' bills
to the nearest dollar each month and the extra money is then devoted to public
purpose programs,
There are two ways that utilities typically operate this type of program. The fIrst
is what is called and "opt in" program. What is means is that customers must
actively approve enrollment in the program. The other is an ,"opt out" program.
Here the customer is voluntarily enrolled unless they actively ask to be left out of
the program.
The opt out approach typically results in higher participation levels but also can
result in more complaints from customers who didn't notice the need or forgot to
opt out of the program. It would be a policy call by the council has to which
method to use, should the council decide to implement this program.
In discussions of this proposed program with the utility billing staff, they felt
strongly that the 'opt in' approach would be the better avenue to pursue. While
this will no doubt result in more customer contacts, they felt that customer
discontent would be higher if we enrolled everyone in the program instead of
having customers enroll themselves,
Ifwe are successful in getting 3,000 customers to voluntarily agree to this
program, base on an average cost of$6.00/year, we would have an additional
$18,000/year in additional revenue to be used for bill paying assistance. Higher
numbers of participants would result in more available dollars for this purpose.
Also, since this money would be donated by citizens, the City could use the
money to pay for water or sewer billing paying assistance where warranted, which
isn't allowed under our current utility funded program.
Electric/Telecommunication Dept.
Dick Wanda-scheid, Director
90 N. Mountain Ave Phone: (541) 488-5357
Ashland, OR 97520 Fax: (541) 552-2436
r;.,
'...........-.-'-.
CITY OF
ASHLAND
Council Communication
TITLE:
DEPT:
DATE:
SUBMITTED BY:
APPROVED BY:
Synopsis:
Recommendation:
fiscal Impact:
Background:
AFN Quarterly Report
Electric & Telecommunication
January21'200~
Dick Wandersche
Brian Almquist
This is the Second Quarter Report for fY 2002-2003. It covers the period
October I to December 31,2002.
T~~5 report is for informational purposes only and no council action is required.
There is no fiscal impact.
As part ofthe work done by the AFN Advisory Committee, a quarterly report
format was developed. This first report was completed in November 2001. This
is the sixth report and covers the period of October 1 to December 31, 2002. AFN
continues to make progress on both construction and connections.
AFN is exceeding the Business Plan targets for CATV and Internet while Bulk
CATV services are lagging. While revenue predictions for the first 6 month of
the fiscal year are below plan projections by $23,148, actual expenses are lower
than projected expenses by $76,437.
E1ectriclTelecommunicatioo Dept.
Dick Wanderscheid, Director
90 N. Mowrtain Ave Phooe: (541) 488-5357
Ashland, OR 97520 Fax: (541) 552-2436
r~'
'_...........-~_....".~_...~.
t/{
QJAART5RLY R5PORT
V'v
2002-2003
First Quarter Report
AFN Net Cable Connections by MonUl FY 2002-2003
(Plan Year 51
--;
~ - ~ - ~ ~ - ~ ~ - ~
1_ Actual per Bnling - - Ta-get I
AF\ Cable Connec-
tion~ in the business plan 3250
are projected to be 2,659 3000
2750
by Dec. 31 2002, As of 2500
Dec. 31, 2002, there were 2250
2,817 connections, which 2000
exceeds the plan goal by 1750
158. The plan projects an 1500
end of year total of2914, 1250
which means we need to 1000
750
average 16 new accounts 500
per month to meet the 250
plan targets. 0
EOY JLl
--
---
Actual
Target
EOY Jul Aug Sep Oct Nov Dee Jan Feb Mar Apr May Jun
24992517 25502597 2722 2764 2817 0 0 0 0 0 0
2404244724892532 2574 2617 2659 2702 2744 2787 282928722914
[----
AF'\ Residential Cable
Modem Service as of 3250
Dec 31, 2002 was 2724 3000
which exceeds the Dec 2750
31 st target of2628 by 96. 2500
The end of year target is 2250
2883 which means we 2000
need to average about 27 1750
new accounts per month 1500
to meet the plan's bench- 1250
mark, 1000
750
500
250
0
EOY Jut
----,
AFN Net ResidentiallSP Customers FY 2002-2003
(Plan Year 5)
---
--
Aug Sep ~ Nov Dee .Ian Feb
Mar Apt'
May
J~
I_Actual per Billing - - T"'lletl
Page I
EOY Jut Au!?; Sep
232324052415 2514
2373 24162458 2501
Oct
2625
2543
Nov Dee Jan
2654 2724 0
2586 2628 2671
Actual
Target
.."..........,='.-."......--
Feb Mar Apr
000
2713 2756 2798
May Jun
o 0
2841 2883
C1
V'v QJAARITRLY REPORT
\ FN High Speed Data
accounts are projected to
be 47. Using the current
rate of$6511month total
data revenues produces
37.4 equivalent accounts.
Because the business plan
assumes a $71 O/month
equivalent rate in 02-03
the revenue breaks down
into 34.29 accounts
which is 13 short of plan
projections.
AFN High Speed Data Connections FY 2002-2003
(Plan Year 5)
60
50
---
---
--
---
40
30
; 20
10
0
EOY JtO Aug SOIl Oct Nov Dee Ja:l Fob Mar Apr May Jun
Equivalent lkllts updated to meet Plan-Year 5
I_Actual per Billing - _Target I
EOY .Jul Aug Sep Oct Nov Dee .Jan Feb Mar Apr May Jun
Actual 40.24 36,936,9 37.46 36,32 36,89 34.29
Target 42 42,843.7 44.5 45,3 46.2 47.0 47.848.7 49.5 50.3 51.2 52,0
\FN Bulk Service
Contracts (hotels and
motels) are projected
by the plan to be at I 00
equivalents by July
2003. AFN is currently
139 bulk service
equivalents, which ex-
ceeds the July target.
AFN Bu. Services Billed By Month FY 2002-2003
(Plan Year 5)
160
140
--
120
100
---
eo
60
4Q
20
EOY JuI Aug SOIl Oct Nov Dee Ja:l Fob Mar Api' May Jun
~.,-_...._-_._._---- 1_ Actual per Billing - - Target I
EOY ,Jul Aug Sep Oet Nov Dee .Ian Feb Mar Apr May Jun
Actual 139 139 139 139 139 139 139
Target 76,7 78.6 80.6 82.5 84.5 86.4 88.3 90.3 92,2 94.2 96.1 98.00 100
Page 2
..-~-_.". ._~,~. -
C1 V'v G2JAARThRLY REPORT
Husiness Plan Revenues and Expenses.
This graph presents estimated
monthly revenues totaling to
the annual amount included in
the base plan. The projected
revenue potential for each
month is compared to actual
revenues posted. The actual
revenue was $940,977. The
projected revenue was
$964,125. Thismeansactual
revenue is $23,148 less than
projected revenue.
AFN Actual to Projected Monthly Revenues - 2002-2003
250,000
200,000
--
150,000
--
100,000
50,000
o
JuI Aug Sep Oct Nov Dee Jan Feb Mar Apr May Jun
1_ Actual Re\enues .... - Plan Relel1UeS I
Actual
Plan
,Illl
145,195
149,000
Aug Sep Oct Nov
151,991 168,406 155,063 157,602
153,470 158,074 162,816 167,701
Dee Jan
162,719
172,732 177,914
Apr
Jun
,1111 Au~ SCJI Oct Nm
Actual 158,180 306,124 316,082 293,507 281,761
Plan 282,077 282,077 282,077 282,077 282,077
Page 3
Actual expenses are pro-
jected at $282,077 per
month for the entire year.
This includes $92,000+
month in debt services
which is a fixed cost for
AFN's long term con-
struction debt. Actual ex-
penses for the first 6
months equaled
$1,616,025 which if com-
pared to the projected to-
tal of $1 ,692,462 for the
year, means AFN's ex-
penses are $76,437 below
the plan estimates.
May
Feb
Mar
183,251 188,749 194,411 200,244 203,979
AFN Actual to Projected Monthly Expenses - 2002-2003
350,000
300,000
250,000
200,000
150,000
100,000
50,000
o
Jut Aug Sep Oct Nov Dee Jan Feb Mar Apr May Jun
1_ Actual Expenses .... - Plan Expenses I
Dec
Jan
Feb
Mar
A\Jr
May
Jun
260,372
282.077 282.077 282,077 282,077 282,077 282,077 282,077
.........--""...~~...,
C1 ~ RlAART5RLY R5'PORT
Construction Update
The Ashland Fiber Network's construction is being completed by our own in
house crew since July, 2002. From September through December a total of
about 5,700 feet of underground plant was completed and services made
available in these areas. We now estimate only between 350-400 customers
are still unable to get AFN.
Competition
Charter announced by letter to the City, that in M\lY 2002, their analog expanded
basic service will no longer include the premium channels, ST ARZ, Encore, and
Movie Plex. As of Dec. 31, ST ARZ and Encore were still included but Movie Plex
had been deleted.
Charter's internet service 'Pipeline' now is offered at a different level of service.
Their least expensive level of service is priced at $39.95, (less $10.00 if you have
cable TV) and runs a 256 kb of download speeds and 1 28kb of upload speeds.
This is much slower than the speeds offered by AFN.
Charter's published rate for expanded basic is now $34.81. AFN's tier 3 rate is
priced at $28.46. Charter however has given a number of special rates well below
their published rates under 12 month service commitment contracts.
The City will soon receive our advertising insertion equipment. This will enable us
to not only start selling advertising on AFN, but will also cross promote program-
Page 4
, .. t
CITY OF
ASHLAND
Council Communication
Title:
Dept:
Date:
Submitted By:
Reviewed By:
Approved By:
Synopsis:
Second Reading of An Ordinance Vacating Three Unopened Alleys
between Hersey Street, Helman Street and the Central Oregon and
Pacific Railroad and a Portion of the East West Alley between Laurel
and the Central Oregon and Pacific Railroad
Public Works Department
January 21, 2003
Paula Brown/~/~
Paul Nolte ~
Brian Atmqui~-/~
On January 7, 2003, Council held a Public Hearing to hear any petition for or objections to the
vacation of three unopened alleys between Hersey Street, Helman Street and the Central Oregon and
Pacific Railroad and a Portion of the East West Alley between Laurel and the Central Oregon and
Pacific Railroad. There were no objections to the alley vacations and Council unanimously pass6d
the first reading of the ordinance.
Recommendation:
It is recommended that the City Council approve the ordinance to vacate three unopened alleys
between Hersey Street, Helman Street and the Central Oregon and Pacific Railroad and a Portion of
the East West Alley between Laurel and the Central Oregon and Pacific Railroad.
Fiscal Impact:
There is not fiscal impact to the City. The applicant applies for and pays the required fees.
Background:
On November 13, 2002, Meridian Park Medical Foundation, trustee of the Gardiner Charitable Trust,
submitted the required petitions and filing fee necessary to vacate two unopened alleys within the
former Parson's Pine Products block bounded by Hersey §treet, I-lelman gtreet and the Central
Oregon and Pacific Railroad. In addition to Meridian Park's request for vacation, Mr. Joe Garfus,
owner of tax lot 39 1E 4CC - 1300, has requested that the city also vacate a small portion of the east-
west alley which lies west of the railroad. Copies of the original requests and a map identifying the
specific locations are attached.
On December 10t~, the Ashland Planning Commission heard the request and recommended approval.
Council established a public hearing date at their December 17, 2002 meeting and the notice of
public hearing was publishing in the Ashland Daily Tidings, once each week for two consecutive
weeks prior to the hearing. Appropriate signage was placed at the site for two weeks prior to the
established hearing date. Public hearing and first reading of the ordinance occurred on January 7,
2003.
\\COMPAQl~DATA\GOVXpub-wrkskadmin~PB CouncilXSa'eet Vacations\CC ORD 2 PH Parson Pine 2 lSan03.doc
ORDINANCE NO.
AN ORDINANCE VACATING THREE UNOPENED ALLEYS BETWEEN
HERSEY STREET, HELMAN STREET AND THE CENTRAL OREGON
AND PACIFIC RAILROAD AND A PORTION OF THE EAST WEST
ALLEY BETWEEN LAUREL AND THE CENTRAL OREGON AND
PACIFIC RAILROAD
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The three unopened alleys between Hersey Street, Helman Street and the
Central Oregon and Pacific Railroad and a portion of the east west alley between Laurel
and the Central Oregon and Pacific Railroad as more particularly described on the
attached Exhibit A, are vacated,
The foregoing ordinance was first READ on the
day of
,2003,
,2003.
and duly PASSED and ADOPTED this
day of
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of
,2003.
Alan W. DeBoer, Mayor
w~"::-
Paul Nolte, City Attorney
1- ORDINANCE
G,\Jegal\PAUL\ORD\V\vacalion ord Parson Pine alleys.wpd
,....,........~'~_.......~_....,.. ~-~>--, ..~- ..,.~,~
EXHIBIT "A"
All that portion of a 12,5 foot wide public alley lying north of the Central Oregon and
Pacific Railroad and south of Helman Street within Block 10 of the Original Town of
Ashland, Jackson County, Oregon,
and
All that portion of a 16,0 foot wide public alley lying north of the Central Oregon and
Pacific Railroad and south of Hersey Street within Block 10 of the Original Town of
Ashland, Jackson County, Oregon,
and
All that portion of a 16.0 foot wide public alley lying west of the Central Oregon and
Pacific Railroad and within Lot 4, Block 10 of the Original Town of Ashland, Jackson
County, Oregon and being approximately 50 feet in length.
Ord\v\vacation ord Parson Pine alleys ex A
~.l..&.....I .1.'-"........
ASHLAND
I TIDS MAP WAS PREPARill FOR
~ PURro3E ONLY
SEE MAP
Q
SCALE 1"=100'
60-
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/
csfl
/
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......." ...
,-- ......
CITY OF
SHLAND
News Release
FOR IMMEDIATE RELEASE, PLEASE
DATE: January 8, 2003
CONTACT: Scott Fleuter, Ashland Police Chief
City of Ashland
488-2211
Teri DeSilva receives Excellence in Training award.
Ashland Police Officer Teri DeSilva recently received the Excellence in Training award in the
area of Defensive Skills Training from the Oregon State Department of Public Safety and Training
(DPSST). The award acknowledges DeSilva's significant contribution towards the training of members
of Oregon's Public Safety Community.
The training program, offered statewide by DPPST, spans the entire field of public safety,
including police, fire corrections, parole and probation, 911 telecommunications, private security and
polygraph examination. The department promotes excellence in public safety through the development
of professional stands and quality training.
DeSilva trains police officers, correction officers and probation and parole officers defensive
tactics essential to their jobs such as survival skills, scenario based training, baton, correct use of pepper
spray, and more.
DeSilva has been an instructor for DPSST for four years and teaches on her own time two
weekends per month. DeSilva is the only female awards recipient and the first from the Ashland Police
Department.
(end)
City of Ashland Tel: 541-4~-6002
20 E~t Main Sheet Fax: 541488-,5311
Ashland, OreGon 97520 'IT'Y: 800-735-2900
January 3, 2003
Officer Teri DeSilva
Ashland Police Department
Congratulations! You have been selected as the 2002 Department of Public Safety
Standards and Training Excellence in Training award winner in the area of Defensive
Tactics Skills Training. Your contributions to DPSST have made a positive impact on
the knowledge and performance of the men and women in public safety throughout
Oregon. It is our pleasure to formally recognize your hard work and dedication.
You and a guest are invited to attend the awards banquet in conjunction with the Public
Safety Executive Training Seminar on Wednesday, January 15th, 2003 at the Sunriver
Resort in Bend, Oregon. DPSST will host you and your guest for dinner and overnight
accommodations. Please see the accompanying form for details.
Please contact Darla Campbell at (503) 378-2100 ext. 2266 as soon as possible to
confirm your attendance.
Again, congratulations.
Sincerely,
Dianne L. Middle
Director
CITY OF
SHLAND
News Release
FOR IMMEDIATE RELEASE, PLEASE
DATE: January 8, 2003
CONTACT:
Scott Fleuter, Ashland Police Chief
City of Ashland
488-2211
Ashland Police Lieutenant Mike Bianca completes training at FBI National Academy.
Lieutenant Mike Bianca recently graduated from the FBI National Academy Program in
Quantico Virginia. Acceptance into this exclusive program is highly coveted by police officers
throughout the world.
I_ntemationally known, the academy offers 11 weeks of advanced investigative, management and
fitness training for selected officers who have proven records as professionals within their agencies.
Courses included advanced instruction in forensic science, behavior science, police ethics, constitutional
law and more.
Lieutenant Bianca is the fifth representative from the Ashland Police Department to complete the
program.
(end)
20 East Main S~set Fax: 541-4~-5311
Ashland, ~ 97520 TTY: 800-735-2900
www.ashland.or, us
U.S. Department of Justice
Federal Bureau of Investigation
Washington, D. C. 20535-000l
FOR IMMEDIATE RELEASE
DECEMBER 13, 2002
Two hundred and forty-four law enforcement officers
graduated today from the FBI National Academy Program at
Quantico, Virginia. The 211th Session of the National Academy
consisted of men and women from 50 states, the District of
Columbia, 18 international countries, four military
organizations, and three federal civilian organizations.
Internationally known for its academic excellence, the
National Academy Program, held at the FBI Academy, offers 11
weeks of advanced investigative, management, and fitness training
for selected officers having proven records as professionals
within their agencies. On average, these officers have 19 years
of law enforcement experience and usually return to their
agencies to serve in executive-level positions.
FBI Director Robert S. Mueller, III, was the principal
speaker at the ceremony.
Training for the program is provided by FBI Academy
instructional staff, Special Agents, and other staff members
holding advanced degrees, many of whom are recognized
internationally in their fields of expertise.
Since 1972, National Academy students have been able to earn
undergraduate and graduate credits from the University of
Virginia due to the accreditation by the university of many
courses offered.
The graduating officers were represented by the class
spokesperson, Assistant Chief John Arthur King, Montgomery County
Police Department, Rockville, Maryland. A total of 36,031
graduates now represent the FBI National Academy since it began
in July 1935. Of this number, approximately 21,696 are still
active in law enforcement work.