HomeMy WebLinkAbout2005-0816 Council Mtg Packet
Important: Any citizen attending council meetings may speak on any item on the agenda, unless it is the
subject of a public hearing which has been closed. The Public Forum is the time to speak on any subject not
on the printed agenda. If you wish to speak, please fill out the Speaker Request form located near the
entrance to the Council Chambers. The chair will recognize you and inform you as to the amount of
time allotted to you. The time granted will be dependent to some extent on the nature of the item under
discussion, the number of people who wish to be heard, and the length of the agenda.
AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
August 16, 2005 - 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 August 2,2005; Executive
Meeting Minutes of August 2,2005; Continued Meeting Minutes of July 20,2005. [5 minutes]
IV. SPECIAL PRESENTATIONS & AWARDS:
1. Presentation and Update by the Conservation Commission [10 minutes]
2. Mayor's Proclamation of September as National Alcohol & Drug Addiction Recovery Month. [5
minutes]
V. CONSENT AGENDA: [5 minutes]
1. Minutes of Boards, Commissions and Committees.
2. Confirmation of Mayor's appointment of Allen Crutcher to the Historic Commission for a term to
expire April 30, 2007.
3. Confirmation of Mayor's appointment of Sara-Lynne Simpson to the Youth Activities Levy
Commission.
4. Acceptance of trail easements.
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 9:00 p.m., be continued to a subsequent
meeting, or be extended to 9:30 p.m. by a two-thirds vote of council {AMC ~2.04.040})
1. Public Hearing re An Appeal of Planning Action 2005-00328 - Request for a Conditional Use
Permit to use one of the residential condominiums in a mixed-use building for one hotel/motel
unit for the property located at 180 Lithia Way. [one hour]
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.) [15 minutes maximum]
VIII. UNFINISHED BUSINESS:
(None)
IX. NEW AND MISCELLANEOUS BUSINESS:
1. Adoption of Engineering Design Standards for Public Infrastructure Improvements. [30 minutes]
2. Ninth Annual report on implementation of the Valdez Principles. [10 minutes]
3. Quarterly Financial Report: April - June, 2005. [10 minutes]
X. ORDINANCES. RESOLUTIONS AND CONTRACTS:
(None)
XI. OTHER BUSINESS FROM COUNCIL MEMBERSIREPORTS FROM COUNCIL LIAISONS:
XII. ADJOURNMENT:
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this
meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-
2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to
ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I).
ASHLAND CITY COUNCIL MEE71NG
AUGUST 2, 2005
PAGE I ql6
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
August 2, 2005
Civic Center Council Chambers, 1175 E. Main Street
" '
CALL TO ORDER
Council Chair Kate Jackson called the meeting to order at 7:00 p.m. in the Civic Center Council
Chambers.
ROLL CALL
Councilor Hardesty, Amarotico, Hartzell, Silbiger and Chapman were present. Mayor Morrison was
absent..
APPROVAL OF MINUTES
The minutes of the Regular Council Meeting of July 19,2005; Executive Meeting of July 19,2005; and
Hospital Board Annual General Meeting of July 19~, 2005 were approved as presented.
SPECIAL PRESENTATIONS & AWARDS
Mayor's Declaration to Commemorate Hiroshima Day (August 6th) and Nagasaki Day (August 9th) was
read aloud.
CONSENT AGENDA
1. Minutes of Boards, Commissions and Committees.
2. Confirmation of Mayor's appointment of Jennifer Henderson to the Housing Comlnission for a
term to expire April 30, 2007.
3. Confirmation of Mayor's appointment of Dan Maymar to the Forest Lands Commission for a
term to expire April 30, 2008.
4. Confirmation of Mayor's appointment of Dan Mackin to the Ad Hoc Ashland Fiber Network
Options Committee and for appointment of Russ Silbiger as Council Liaison.
5. Confirmation of Mayor's appointment of Alan Bender to the Traffic Safety Commission for a
term to expire April 30, 2006.
Councilor Hartzell/Chapman mIs to approve Consent Agenda. Voice Vote: all AYES. ~r1otion
passed.
PUBLIC HEARINGS (None)
PUBLIC FORUM
Alice Hardesty/575 Dogwood WaylPresented list of signatures to the Council from individuals who
support Police Chief Mike Bianca.
UNFINISHED BUSINESS (None)
NEW AND MISCELLANEOUS BUSINESS
1. AFRCA Technical Committee's response to USFS DEIS.
Fire Chief Keith Woodley introduced AFRCA Committee members Marty Main, Darren Borgias, George
Badura, Frank Betlejewski, Joseph Vaile and Chris Chambers and Forest Lands Commissioner Joanne
Eggers. Mr. Woodley explained that the AFRCA Committee had prepared a response to the Forest
Service's Draft Environmental Impact Statement (DEIS), and they were before the Council seeking their
endorsement before submitting it to the Forest Service. It was noted that the Council would need to take
action on this item tonight, in order to meet the Forest Service's August 7th public comment deadline. Mr.
ASHLAND CITY COUNCIL MEETING
AUGUST 2, 2005
PAGE 2 (~l6
Woodley stated that the Forest Lands Commission has reviewed and endorsed the response and Staff is
recommending that Council endorse the report as well.
Mr. Main spoke regarding monitoring and clarified that the preferred action would be to establish an
inventory prior to any activity in the watershed; perform mo~itpring during the activity, as well as analysis
afterwards. Mr. Borgias added that the Healthy Forest Restoration Act directs agencies to promote multi-
party monitoring and thatthey intend to develop a comprehensive monitoring plan collaboratively with the
Forest Service.
Mr. Woodley cJlarified that is was their expectation that the Final Environmental Impact Statement would
incorporate conunents that have been made in response to the DEIS. He also noted that there was
considerable discussion amongst the group regarding the long term relationship between the City of
Ashland and th~ Forest Service. He stated that they have discussed revisiting the 1929 Memorandum of
Understanding (MOU) in order to develop a permanent relationship through which these projects could be
managed and discussed. Mr. Vaile added that this would be a 10-year proj ect that would consist of several
smaller activities and stated that the AFRCA group felt.that in order to have a give and take between the
City and the Forest, the MOU would need to be amended in order to formalize this relationship.
Suggestion was made for the AFRCA group to bring back options to the Council on how to move forward
with amending the 1929 MOU.
Eric N avickas1711 Faith A venuelProvided a brief history of the management plans for the Rogue River
National Forest and explained how these plans differed under the Clinton and Bush administrations. Mr.
Navickas stated that under Clinton's NW Forest Plan of 1993, this area was defined as a late successional
reserve; however there is a loophole in the plan that allows this area to be logged if it is done for fuels
reduction. He s.tated that the Bush administration was attempting to exploit this loophole in order to meet
timber yields proposed some 14 years ago to meet current industry demands for public timber. Mr.
Navickas noted some of the statements made by the City in the past in regards to only supporting under-
burning. He also stated that the non-commercial work from the Ashland Watershed Protection Plan has
yet to be compl~~ted and noted that the AFRCA Committee's proposal lacked a diameter limit. Mr.
Navickas suggested that the Council set at least a 17" diameter limit, restrict any treatments in the Robus
area, restrict any further road building and helipad constnlCtion, and require that the non-commercial work
proposed under the Ashland Watershed Protection Project be completed before any logging ~egins.
In response to ~,fr. Navickas diameter limit suggestion, Mr. Borgias stated that a simplistic limit or
constraint was not always that most effective way to handle the situation. He stated that the AFRCA team
. was very conce1ned about retaining the large trees in the forest, but noted that the trick was defining
"large" in context for the different areas of the forest. He added that the Community Alternative builds in
the flexibility needed to make these ecological decisions and works very well to protect large trees by
brining in a justification process. Mr. Betlejewski added that when dealing with the diameter issue, other
factors needed to be looked at including the species of the: tree, its fire resistance level and how it is
distributed. He stated that the overall goal of the project was to retain the largest trees; however there .
could be some situations where a tree larger than 18" might need to be removed.
Mr. Main explained that the Ashland watershed and this project was unique in the Pacific Northwest and
stated that this area has been earmarked as a very important and unique resource from a variety of
perspectives. He noted that one of the things that makes it unique is that it is located on the edge of the
Siskiyou Mountain Range, which is well known to be one of the most diverse regions in the country. He
stated that this diverse system makes for complex decision making and cautioned the City to beware of
simplistic solutions on how to manage the watershed.
ASHLAND CITY COUNCIL AJEETlNG
AUGUST 2, 2005
PAGE 3 (~l6
Councilor Hartzell/Amarotico mIs to endorse the DEIS Response from the AFRCA Tecbnical
Committee. Voice Vote: all AYES. Motion passed.
Ms. Eggers encouraged the development of a stronger formalized relationship with the Forest Service and
stated that this could be accomplished by attaching another I1QU to the 1929 agreement. She stated that it
is the Forest Service's responsibility to provide the resources for monitoring, however feels it would be
helpful for the City and community to assist in that project.
Councilor ChapmanlHartzell mIs to encourage the AFRCA Committee to maintain diaJlogue with
the USFS with the goal to reduce logging damage to the forest. DISCUSSION: City Adtninistrator
Gino Grimaldi clarified that he understood this motion to mean that the Council was instructing Staff, the
ForestLands Commission, and the AFRCA Committee to do everything possible to minimize: the impact
on the forest, that they have concerns about the sedimentation, that they want to see the goals of the project
achieved, but the impact on the environment kept to a minimum. Voice Vote: all AYES. Motion passed.
2. Approval of Personal Services Contract for Land Use Ordinance Review.
City Attorney Gino Grimaldi presented the Staff Report and explained that this issue had previously. come
before the Council when they reviewed the Request For Proposals (RFP) back in March. He stated that the
goal of this contract is to review the City's Land Use Codes and noted that there are a variety of conflicts
in the code and stated that this has caused problems for Council and the Planning Commission when
reviewing applications. Mr. Grimaldi stated that there were four firms that responded to the RFP and the
costs for their services ranged from $20,000 to $57,,000. Staff is recommending that the Council approve
the contract with Siegel Planning Services for a cost of $49,500. Mr. Grimaldi explained that one of the
reasons they are moving forward with Siegel was because of their experience with this type of work and
stated that Staff felt that they were the most suited to proceed with this task. He stated that if the contract
was approved, work would begin as soon as possible and Staff anticipates that the review would be
completed by December or January.
Comment was made regarding the possible creation of an oversight committee that would oversee the
implementation of this as well as the Planning Department Organizational Review contract and help
steward these projects. Mr. Grimaldi clarified that the Mayor could create such a committee.
Councilor ChapmanlSilbiger mIs to authorize the City Administrator to enter into a contract with
Siegel Planning Service for Land Use Ordinance Review services. Voice V ote:aILAYE.S. Motion
passed.
3. Approval of Personal Services Contract for Planning Department Organizational Review.
Mr. Grimaldi stated that the major components of the organizational review included a staffing analysis, a
look at processes and procedures, a look at the management structure, and an evaluation of customer
service both from the applicants' perspective and from the perspective of affected citizens. Four firms
responded to this RFP, with a cost for services ranging from $26,000 to $55,000. The proposed contract
with Zucker Systems being recommended by Staff has a total cost of$38,950. Mr. Grimaldi stated that
Zucker scored high due to the extent of the firms experience and qualifications; Staff was also very
impressed with the team that would be assigned to this review. If Council approved the contract, work
would begin in September and would be completed by December or January.
Suggestion was made to hold off on this action until the Planning Director position is filled.
Mr. Grimaldi stated that one of the advantages to doing this review now was that it would provide a clear
roadmap to the new Planning Director when he or she arrives. An advantage to delaying it is. that it would
allow the new director to influence the study and have more ownership of the results. The other advantage
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ASHLAND CITY COUNCIL MEETING
AUGUST 2, 2005
PAGE 4 f?l6
of delaying it is in regards to the work load perspective.
Comment was made that this review was planned long before the Planning Director resigned and support
was voiced for moving forward with the process.
Council questioned if tonight would be the appropriate time to suggest changes to the proposed contract.
Mr. Grimaldi stated that one of the first actions outlined in the scope of services is to refine thework
program; howe:ver if Council would like to recommend adjustments, now would be time to voice those
changes to Stan.
Concern was ex.pressed in regards to the additional burden this review would place on the Planning Staff.
Mr. Grimaldi stated that if Council approved the contract, he would enter into discussion with Zucker
Systems to get a better feel for the amount of time that would need to be spent, who would be impacted,
and discuss this with the Community Development Staff before the review process began.
The following modifications to the Personal Service Contract were suggested by Councilor Hartzell:
Page 5: Request was made to ensure that in the interviews and focus groups that the Planning Commission
be included more than is proposed and that the councilors be included, if they choose.
Page 6: Section 4.1
Suggestion was made to include a list of appeals~, with a minimum of those experienced over the
past year and a half.
Page 6: Section 5.0
Comment was made that this section refers to 10 staff members and it was questioned who was
included in this group; whether it was just the Planning Department or if Building and
Conservation were included as well.
Page 8: Section 7.0
Suggestion was made to include the adequacy or thoroughness of the communication and
information presented to decision makers.
Page 9: Section 7.2
Recommendation was made to add enforcement to the list.
Page 9: Section 7.4
RecolTlIl1endation was made to add preparation of materials for decision making bod.ies.
Comment was made noting that there are hidden costs that the contract does not pick up, including the
refreshments for the focus groups and printing and mailing costs.
Councilor HaJrtzelllHardesty mIs to approve the Personal Services Contract with the modifications
in the work plan, and with the caveat that Council directs the City Administrator to decide the
timing of the implementation. Voice Vote: all AYES. Motion passed.
ORDINANC:ES~ RESOLUTIONS AND CONTRACTS
1. Reading by title only of "A Resolution Setting the Time and Place for a Public Hearing on the
Withdrawal of Certain Real Property from Jackson County Fire DistricLNo. 5; and Directing
Publication of Notice as Required by ORS 222.524 (Pacific Western of Medford, LLC,
Annexation, end of Clover Lane).
It was noted that the public hearing is scheduled for September 6th Council Meeting.
Councilor Silbigerl Amarotico mIs to approve Resolution #2005-32. Roll Call Vote: Councilor -
Amarotico, J alckson, Hardesty, Hartzell, Silbiger and Chapman, YES. Motion passed.
ASHLAND CITY COUNCIL MEETING
AUGUST 2, 2005
PAGE 5 ql6
2. Reading by title only of "A Resolution of the City of Ashland Annexing a Contiguous Area to
the City of Ashland, Oregon, and Providing for an Effective Date (pacific Western of Medford,
LLC, Annexation, end of Clover Lane).
Senior Planner Bill Molnar stated that this action involves a 1.3 acre parcel located at the end of Clover
Lane, and noted that Council approved the annexation back ir October of 2003. Mr. Molnar explained
that there were some significant public improvement and infastructure requirements of the applicant, which
led to the delay of this action. He stated that all of the improvements have now been designed and a bond
has been posted for installation and stated that Staff is recommending that the Council adopt the proposed
resolution setting the time and place for the public hearing.
Councilor SilbigerlHardesty mIs to approve Resolution #2005-33. Roll Call Vote: Councilor
Silbiger, Chapman, Hartzell, Jackson, Amarotico and Hardesty, YES. Motion passed.
OTHER BUSINESS FROM COUNCIL MEMBERS
Pam Vavra/1500 Dead Indian RoadlPresented poster board with signatures of individuals who support
Police Chief Mike Bianca. - ~v1s. Vavra suggested the need for the Town Hall Meeting so residlents can
voice their concerns, and also suggested the establishment of a Police Commission so that residents and
community members could have a formal way of registering their concerns.
1. Councilor Amarotico's request for the City to consider a Resolution regarding the Endangered
Species Act.
Councilor Amarotico stated that in the last 20 years, over 500 species in the United States have become
extinct; however in the 33 years since the Endangered Species Act has been in place, over 1710 species
have been saved. Councilor Amarotico stated that currently there is a lot of pressure from congress and the
current administration to erode the protections made available by the Endangered Species AClt and
requested that the Council adopt the proposed resolution to send a message to ourJederal government that
we do not want them to erode these protections.
Stephanie Tidwell/Klamath Siskiyou Wildland Center/967 Tolman Creek RdlExplained that this
started out as a response to the "Extinction Bill" that is moving through congress that would erode many of
the protections of the Endangered Species Act and noted that various other cities have adopted or are
considering adopting similar resolutions.
Councilor AmaroticolHartzell mIs to approve Resolution #2005-34. Roll Call Vote: COUlncilor
Amarotico, Jackson, Hartzell, Chapman, Hardesty and Silbiger, YES. Motion passed.
2. Request from Councilor Silbiger and John Gaffey for council to use authority to put Charter
amendment Prohibiting City Ownership, Operation of Telecommunications, and Cable
Television on the upcoming ballot.
John Gaffey/637 Oak StreetlRequested that the Council place language on the November 2005 ballot
that would ask the citizens of Ashland to decide whether the Ashland Fiber Network should (~ontinue to
operate as an entity of the local government, or operate as a private enterprise. Mr...Gaffey stated that the
Council should place their trust in the hands of the Ashland voters and allow them to decide whether as a
community they wish to continue financing AFN. :Mr. Gaffey added that he is prepared to pursue a
citizen's petition initiative if the Council decides to not respond to his request.
Charles Carreon/1131 BarringtonlExpressed his support for AFN and stated that regardless of the
deficit, AFN has added value" to the City. Mr. Carreon stated that the City has done an excellent job with
AFN and thinks that the City should continue to invest in it. He stated that the deficit can be addressed
ASHLAND CITY C'OUNC'IL f\lEETING
A UG UST 2, 2005
PAGE: 6 (~l6
and suggested that the City look into voiceover IP for infrastructure and also suggested that they make
AFN available to all citizens within Ashland.
Council briefly discussed and expressed no interest in placing the proposed charter amendment on the
ballot.
ADJOURNMENT
Meeting was adjourned at 9:07 p.m.
Barbara Christensen, City Recorder
John W. Morrison, Mayor
ASHLAND CITY COUNCIL CONTINUED lvfEE71NG
JULY 20, 2005
PAGE 1 qf4
MINUTES FOR THE CONTINUED MEETING
ASHLAND CITY COUNCIL
July 20, 2005 -12:00 p.m.
Civic Center Council Chambers, 1175 E. Main Street
CALL TO ORDER:
Council Chair Kate Jackson called the meeting to order at 12:02 p.m. in the Civic Center C01fficil
Chambers.
ROLL CALL:
Councilor Hardesty, Amarotico, Hartzell, Jackson, Silbiger and Chapman were present.
Mayor Morrison was absent.
~.
ORDINANCES.. RESOLUTIONS AND CONTRACTS
1. Reading by title only of "A Resolution Authorizing the Amendment of the Fire Pr01tection Plans
Review and Inspection Fee Schedule Adopted by Resolution 04-16.
Fire-Chief Keith W oodleyandDivision Chief Margueritte Hickman presented the StaffReportJ<> the. "',,, K;!'
Council. Ms. Hickman clarified that in 2004, 10% of the building fees were used to cover the fire
protection plans review, however the proposed resolution increases that amount to 24%. Sh(~ also
clarified that the resolution proposes no changes to the fire hydraft flow test.
Councilor AmaroticolHardesty mIs to approve Resolution #2005-30. Roll Call Vote: Councilor
Silbiger, Chapman, Amarotico, Jackson and Hardesty, YES. Motion passed.
2. Reading by title only of "A Resolution Updating the Forest Lands Commission MeJnbership,
Quorum, Powers and Duties and Repealing Resolution 96-21."
Fire Chief Keith Woodley explained that at their annual goal setting and planning meeting, the Forest
Lands Commission reviewed the resolution establishing their duties, powers, quorum and ml~mbership
and are recommending the following revisions:
Section 1: Delete the requirement that one member of the commission be a owner of forest rnanagement
lands.
Mr. Woodley explained that the commission preferred to have this restriction removed so that they could
draft a member from the community who may not live withinfoFestlands, but had the technical expertise
that would be a benefit to the commission.
Section 2: Add the language "without notice", so the amended phrase would read "Any ConlIDissioner
who is absent from four or more meetings without notice in a one-year period shall be
considered no longer active and the position vacant, and a new person shall be appointed to fill
the vacancy."
Section 4: Remove the word 'management' from the term "Ashland Forest Management Plan".
In terms of-consistency, it was questioned why the Forest Lands Commission resolution listl~d the Council
member assigned to the commission as an ex-offic:io member instead of a Council liaison. 1\1r. Woodley
explained that it was listed this way when the Council adopted the original resolution. Suggestion was
made to remove "a member of the City Council" from the list of ex-officio voting members listed in
Section 1, and add a sentence at the end that states "a member of the City Council shall serve as a non-
voting liaison."
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ASHLAND CITY COUNCIL CONTINUED lvfEETING
JUL Y 20, 2005
PAGE 2 of4
Councilor Ha:rtzell/ Amarotico mIs to approve Resolution #2005-31 with the modification that the
council position be added as a non-voting liaison of the committee. Roll Call Vote: Councilor
Amarotico, J ~lckson, Hartzell, Chapman, Silbiger and Hardesty, YES. Motion passed.
OTHER BUSINESS FROM COUNCIL MEMBERSIREPORTS FROM COUNCIL LIAISONS:
1. Request by Councilors Cate Hartzell and Jack Hardesty regarding Proposed Resolution for
Follow-up to Mount Ashland Expansion Activities.
It was noted that the Council had made a motion at their previous meeting to ask the City's Legal Staff to
look at the iten1s presented for Mt. Ashland Expansion and bring back options regarding the lease. The
Council was unable to take public comment at that meeting and will allow those who signed up to provide
their testimony at this time.
..
Michael Dawldns/646 East Main St/Submitted a proposal to the Council. He explained that his father
was a develop(:r of Mr. Ashland and stated that he brought a unique perspective to this issue. Mr.
Dawkins expre:ssed his concern that the skiing and snowboarding industry would decline and stated that
small ski areas like Mt. Ashland were situated well to keep on going as long as they stayed lean and
mean. He also expressed hisconcems regarding global warming and peak oil. Mr. Dawkins requested
that the expansion meet all of the items put forward in the proposal, and stated that the proposal was not
saying to stop the expansion, it was just putting forward actions that need to be followed before expansion
can start.
Jeff Hansonl13880 Hwy 66/Stated that Mt. Ashland Association (MAA) takes their relationship with the
City very seriously and welcomed public comments made to the City, the Forest Service or MAA. On the
other hand, he stated that because they have a lease establishing a legal relationship with the City, MAA
viewed it as inappropriate for comments to be made in the form of a Council resolution. He noted that
they are working with Staff in a cooperative way on baseline monitoring projects' and noted that
compliance with federal and state law is mandated. Mr. Hanson stated that MAA will continue to act
responsibly and intends to exceed the environmental standards implied in the proposed re'solution.
[AfR. HANSON SUBi\HTTEDHIS rVRITTEN TESTLMONEY INTO THE PUBLIC RECORD]
Kindler Stout'130 Orange Ave/Questioned why the pn~vious City Council did not require the Mt.
Ashland Association to apply for the expansion alternative that left the wetlands that fed Reeder
Reservoir intact. He stated the he believes the Council is intending to provide for lost water by
purchasing water from the northern part of the county and mentioned the TAP intertie. Mr.-Stout noted
language used in the Charter Review Committee's report which referred to water being used as a
"primary c01mnodity" and requested that the Council propose language to the voters, that makes it clear
that water is not viewed as a commodity at all.
Eric Navickas1711 Faith AveNoiced his support for the proposed resolution. Mr. Navickas noted the
consistent problems with sedimentation in the reservoir and stated that he did not believe more ski runs
could be added. without having a negative Effect. He spoke regarding the power cable expansion that was
pushed into the: winter season and stated that eventually I~quipment had to be removed with a bull dozer
and that mitigation should have been done. Mr. Navickas spoke regarding the waste treatment facility
and displayed photos of the collapsing wall. He stated that the proposed resolution would give the City a
tool for addressing these issues and encouraged the Council to pass the resolution.
Angelika Thuidus/897 Beach St/Stated that the middle fork of the watershed was a delicate, but balanced
ecosystem that needs to be protected. Ms. Thusius stated that Expansion 6 would involve clear cutting
and stated that these trees would not be able to be restored. She noted that the NW Forest Plan states that
mitigation or planned restoration should not be used as a substitute for preventing habitat degradation.
She stated that the City has the power to avoid a potentially gigantic liability risk and stated that the City
ASHLAND CITY COUNCIL CONTINUED A1EETING
JUL Y 20, 2005
PAGE 30/4
was not obligated to implement Expansion 6. Ms. Thusius voiced her support for the resolution and
suggested that the City ask that the Forest Service to review the Community Alternative in its entirety.
Darwin Thusius/897 Beach StlQuestioned if the Mt. Ashland Association had considered the threat of
global warming to their expansion plans and questioned if t~ey had considered the current trend away
from the traditional ski resort experience in favor of wilderness and ecologically friendly activities. Mr.
Thusius suggested that MAA explore the creation of a niche market based on the resources at hand, and
stated that a more conservative approach would be preferred.
Paul Copeland/462 Jennifer/Clarified that it was not necessary to speculate on the affects of global
warming or the viability of the long term ski area market to accept the proposals in the resolution. He
statedJhat all that was necessary was to look at the City's financial liability. Mr. Copeland stated that the
City was the special permit holder, not MAA, and stated that the City would be the ones responsible for
restoration if the ski area closed. He suggested that the Council ask the Legal Staff to look at the
implications of the special permit being held by the City, and requested that the City protect the tax
payers in a reasonable way.
2. Discussion regarding Instant Runoff Voting.
Colin Swales/461 Allison StlSubmitted written statement urging the Council to place IRV on the
November ballot.
Pam Vavra/2800 Dead Indian Memorial Rd/Spoke regarding the history initiative process and stated
that widespread abuse of the process has made it increasingly difficult for earnest citizens with worthy
initiatives to obtain the needed signatures. Ms. Vavra stated that proponents of IR V began working on
this back in 2003, and for the past year they have been working with the Charter Review Cornmittee and
waiting to see if the IRV legislation sponsored by Peter Buckley would pass. She stated that IRV
legislation died in committee, however the City has the right to adopt IRV; it just cannot conlpel the state
or the county to process rank choice ballots. She stated that for IRV to be implemented prior to the
county getting the necessary software, Ashland might have to conduct its own elections. Ms. Vavra
added that the proposed charter amendment would permit the Council to suspend the impleInentation. Ms.
Vavra noted the citizen's support of IR V and requested that the Council honor her request and bring this
issue to a vote of the people.
.~;'~h''"~;'Shaktari Leslie Belew/345 Alta/Voiced her support for IRV and questioned why the CouncilwQuld not
go ahead and let the people vote on it.
Art Bullockl791 GlendowerlStated that the Council was being' asked to place an already-filed initiative
on the ballot and stated that these were uncharted water. He requested clarification from the Council on
the following three questions:
1. When does Council put a filed initiative on the ballot without public hearings on the merits?
2. When does Council put a filed initiative on the ballot with discussion, but without a
recommendation?
3. For what reasons would Council decline to put something on the ballot, with or without
hearings and discussion on merits?
[}vfR. BULLOCK SUBA1fTTED HIS WRITTEN TESTIMONY INTO THE PUBLIC RECORD}
Council briefly discussed whether they wanted to honor Ms. Vavra's request and place the charter
amendment on the ballot. Comment was made that the Council would be able to discuss this further
during the upcoming Charter Review. Additional comment was made that at current time, this provision
would violate State law and it was noted that adopting this voting system could have a budgetary impact
ASHLAND CITY COUNCiL CONTiNUED A1EETlNG
JUL Y 20, 2005
PAGE 4 (~l4
on the City. Suggestion was made for Ms. Vavra and the other supporters to continue to work with the
City Council during the Charter Review process and see if they can work something out.
Council reached consensus to take no take action on this item.
ADJOURNM]B:NT: Meeting adjourned at 1 :05 p.m.
Respectfully submitted,
April Lucas, Assistant to City Recorder
CITY COUNCIL ST{/DY SESSION
A L'G UST 3, 2005
PAGE I ql4
MINUTES FOR THE STUDY SESSION
ASHLAND CITY COUNCIL
Wednesday, August 3,2005 at 12 p.m.
Council Chambers, 1175 East Main Street
CALL TO ORDER:
Mayor John Morrison called the Study Session to order at 12:05 p.m. in the Civic Center Council
Chambers.
ATTENDANCE:
Councilor Hardesty, Amarotico, Hartzell, Jackson, Silbiger and Chapman were present.
City Administrator Gino Grimaldi and Housing Program Specialist Brandon Goldman were also present.
1. Review of Lithia Parkin1! Lot Affordable Housin1! ProDosals.
Staff Presentation:
Housing Program Specialist Brandon Goldman explained that the City of Ashland issued a Request for
Proposals in December of 2004 for the development of affordable housing on the Lithia Way Parking lot,
located between Pioneer Street and First Street.
Provisions of the RFP included:
· Affordable Housing Development
- Up to ten rental units
- Less than 80% Area Median Income targeted
- 40 year affordability period requested
· Reversion to City Ownership at end of affordability period
· Downtown and Historic Compatibility
· Flexible to encourage proposals that do not meet the specific requirements
Mr. Goldman explained that the City received proposals from: The Housing Authority of Jackson County,
Sandler Films, Kendrick Enterprises and LDC Design Group
Mr . Goldman presented a brief outline of the components of each proposal.
Housing Authority Proposal:
· Subsurface Parking
- 13 spaces optimum
- 11 space possibility
· One handicap space on alley and one in lot
· Two stories above parking
· Nine large affordable units
- 4 one-bedrooms
- 5 two-bedrooms
· 50-60 years (or longer) as affordable under HAJC
- No reversion to City of Ashland
Sandler Films Proposal:
· Surface Level Parking
- 13 spaces
CITY COUNCIL STUDJ. SESSION
A UG UST 3, 2005
PAGE 2 (~l4
- 2 Lithia W.ay and alley entrances
· Units targeted to 80% AMI
- 5 single story one-bedroom units
- 5 two story two-bedroom units
· Reversion to City of Ashland
- At conclusion of affordability period at cost of original construction secured through trust deed
- Annual review to entertain change of use
- Negotiated costs including:
· Insurance
· Taxes
· Elevator (maintenance and phone)
.. · COInmon area repairs/maintenance
Kendrick Enterprise Proposal:
· Subsurface Parking
- 16 spaces
· Commercial Component
- Entire ground floor
- Partial second floor
· 1 0 affordabl,~ units
- Second and third floors
· 4 studios
· 4 one-bedrooms
· 2 two-bedrooms
· Reversion to City of Ashland
- Residential and Commercial revert to City ownership after 40 years
LDC Design Group Proposal:
· Parking
- Up to 21 spaces subsurface for residential use only
- 10 spaces off alley for public
· Commercial Component
- Entire ground floor
· 16 affordable units
- Second and third floors
· 10 one-bedrooms
· 6 two-bedrooms
· 6 market rate condominiums
· Reversion to City of Ashland
- Affordable units revert to City ownership after 15 years
- Commercial and market condominiums do not revert to City, remaining private perpetually
Recommend~ltions:
The Housing Commission recommends the City Council select the Housing Authority of Jackson County
Proposal. This is contingent upon 13 parking spaces being provided (allowing no reduction in parking
due to cost of utility relocation). Staff has recommended the Kendrick Enterprise Proposal with the
stipulation that rents should be adjusted to comply with HOME program, and subsurface parking
(Alternative 'A' = 16 spaces) should be a condition of selection.
Housing Com1missioner Faye Wiesler addressed the Council. She stated that the Housing Commission
spent a good deal of time reviewing the proposals and stated that the ranking was not as easy as
C'ITY COUNCIL STC!DY SESSION
A UCi'UST 3. 2005
PAGE 3 (~l4
anticipated due to the proposed mixed use in some of the proposals. Ms. Wiesler stated that the
Commission agreed with Staff in that they liked the Kendrick proposal; however they had some concerns
that prohibited them from recommending the proposal as presented. She noted that their prirnary concern
dealt with whether there was a strong enough benefit to the City that would warrant them receiving the
commercial space for free. In the end, it was these concerns regarding the commercial elem~mt that led
them to recommend the Housing Authority proposal instead.
Presentations from Applicants:
Sandler Films:
Allan Sandler addressed the Council and read aloud his written comments. He stated that he started this
proces.s three years ago with the intent of developing a affordable housing project; not a commercial
project with some affordable housing as offered by some of the proposals. Mr. Sandler stated that his was
the only proposal that does not need to go out and obtain a grant or additional financing to complete the
project. He voiced his concern that the City was not willing to sit down with the parties that made
proposals and try and iron out some of their concerns as to how low the affordability can be and under
what circumstances or to ,discuss concerns about style or any other matterthat111ightjmprQY(~ the project.
Mr. Sandler noted the importance of this project to the City and citizens of Ashland and state:d that it was
vitally important that the applicants are not in it for the money, but for the long term good effect for the
City as a whole~ He commented that this is not a profitable development deal, but is a project of giving
back to the City. Mr. Sandler stated that the City should not give away land for commercial development
and voiced his concerns in regards to underground parking. He also requested the opportunity to further
discuss and work out the fin~r points of his proposal with Council and Staff.
[H'RITTEN COAfMENTS WERE SUBAflTTED INTO THE PUBLIC RECORD)
Kendrick Enterprise:
Bob Kendrick of Kendrick Enterprise, George "Bing" Sheldon of SERA Architects, and Shelley Austin
of the Ashland Community Land Trust addressed the Council.
Mr. Kendrick stated that this was a great opportunity to demonstrate a participatory project that would
include the City of Ashland, a for-profit development and a non-profit development. He noted that with
their proposal, at the time of reversion, the City would capture a value of 8.5 million dollars in
commercial and residential property, with a cash flow of.5 million dollars annually. Mr. Kendrick
commented on the need for underground parking and stated that their goal was to construct.a building that
would serve the City well into the future and would be a structure that the City and the comn1unity would
be proud of. He stated that their proposed structure would work well in the downtown district and stated
that the commercial component would generate multi-millions of dollars in cash flow for the City.
Ms. Austin spoke regarding the funding. She stated that ACL T has been approached to help cover some
of the construction costs and their portion would be approximately 1 million dollars. She stated that
ACL T would assemble a fundraising campaign and noted the different agencies they would approach for
funds.
Mr. Sheldon briefly spoke on the architectural design. He stated that they would place the parking
underground and noted that the mixed use design would bring some of the vitality of Main Street to Lithia Way.
Housing Authority of Jackson County:
('ITY (DUNC1L 5'T[!DY SES/)'ION
A UG U57 3. 2005
PAGE 4 ol4
Betty McRobe:rts and Bruce Abeloe addressed the Council. Ms. Roberts briefly explained that their
proposal includes 9 spacious and livable units and noted that it does not contain a commercial element.
She also stated that they hope to keep the rent for the units below the 60% area median income. Ms.
McRoberts stated that in regards to the exit time, the RFP was unclear as to what the City's intent was.
She stated that HAJC would prefer to keep the housing permanently, however they would be willing to
work with the City to reach an agreement and noted the potential future debt related to maintenance and
upkeep. She added that HAJC currently has over 800 units and noted that they manage all of the units in
house.
Mr. Abeloe noted that parking would be below grade and stated that the current landscaping around the
perimeter would be preserved. He also pointed out that the units would have balconies that front Lithia
Way and the alley.
Council Determination of Next Step:
Council briefly discussed whether to forward this issue to a Council Meeting or whether an additional
Study Session or Special Meeting was preferred. Several comments were made suggesting the need for
further Council discussion before placing this on the regular meeting agenda. Suggestion was made to
hold a Special Meeting rather than another Study Session so that the Council could take action if they are
able to come to an agreement. Consensus was reached by the Council to schedule a Special Meeting to
discuss this issue during the month of August.
City Administrator Gino Grimaldi stated that Staff would schedule an evening meeting in August that
would work with the schedules of the council members. It was clarified that the four agencies that
presented proposals would not be giving presentations during the Special Meeting, but are welcome to
attend and might be called upon to answer Council's questions.
'Adiournmen1:: Meeting adjourned at 1:00 p.m.
Respectfully submitted,
April Lucas, Assistant to City Recorder
Bicycle & Pedestrian Commission
July 21st, 2005
Regular Minutes
Roll Call
Coun~jI Liaison:
Staff:
RVTD liaison:
High school liaison:
Vice Chair Brad Knickerbocker
Christina Lacy
John Hinke (absent)
Julia Sommer (absent)
Russ Silbiger
Derek Severson, Assistant Planner
Paige West, RVTD/TDM Planner
Cory Lescher (absent)
Tracy Harding
Tom Marvin (absent)
Dylan Robbins (absent)
Members present:
SOU liaison:
Phil Clark (absent)
Call to Order
Vice Chair Knickerbocker called the meeting to order at 5:15 p.m.
Approval of Minutes - June 16th, 2005
The minutes of June 16t\ 2005 were approved as presented.
Severson noted that new member Christina Lacy was present. Members introduced themselves.
Knickerbocker noted that Lexi Delgado had resigned. Severson noted that Hinke had also stated that he would
likely return when his trip was completed. Members were encouraged to refer anyone they know who might be
interested in applying.
Public Forum
Chris Johnson, Gresham Street resident, noted that he was present to observe and get an ide:a of what the
commission was about. Noted that he was a Segway owner, who had reduced his car by 93%, and that he had only
driven 2000 miles last year, and that included a 1200 mile road trip. He discussed details of the Segway and related
city and state regulations. Members encouraged him to consider applying for appointment to fill a vacancy on the
Commission.
City Councilor David Chapman noted that he was present to provide any background information he could. He
raised the issue of combining the Bicycle & Pedestrian Commission with the Traffic Safety Commission to for a
single Transportation Commission that would address all transportation, transit, traffic, and parking issues.
Members discussed this possibility, and Silbiger stated that as liaison to both groups he would explore the possibility
of arranging a joint meeting between the two to further discuss the matter.
Car Free Dav Discussion
West noted that there had been two subcommittee meetings since the last regular meeting, and that she, Harding,
Sommer, and Egon DuBois had been attending. She explained that loose ends were being tied up, and emphasized
the biggest of these - that Rachel from Parks had arranged for the Medford Parks Department to provide an
inflatable screen, projector, DVD player, sound system and two staff members to run the movie. She added that
Rachel was working with her Director and the Parks & Recreation Commission to arrange for the movie to be
shown in Garfield Park.
West noted that the cost of purchasing the rights to publicly screen a cinematic feature were approximately $150, or
the Commission could choose to show a less mainstream item for free. It was noted that permission has already
been received to show Ted White's latest film at no cost other than the purchase of the DVD. There was discussion
of what direction to take, and it was noted that the less mainstream items were not as kid friendly and would likely
draw fewer people to the showing.
2005-0721 Bike Min
Page 1 of3
Harding noted that Standing Stone would be serving light cafe fare in front of their business during the event. She
added that there would be tablers, a bike rodeo, free bike maintenance, and the Bike-It riding demonstration by Dave
Nourie and company. Harding pointed out that music was still to be resolved. Silbiger stated that he could provide
CD's with appropriately themed songs if someone else would work to compile them. West express interest in doing
this.
Harding stated that she would check with Dave Nourie about whether Bike-It's public address system would be
available. She also explained that the Commission would need to work with Wells Fargo to address their parking lot
circulation needs during the event, before the closure at 5:00 p.m. She stated that the manager would be meeting
with her at 5: 15 p.m on August 2nd at the start of the next subcommittee meeting.
Severson stated that he would follow-up with Police and Street about the possibility of using barricades. He also
noted that he hoped to arrange for assistance in transporting, placing, and removing barricades and signage for the
street closure by either the Street Department, the Police Department, or the Community Service Volunteers.
West noted th(Jlt she would handle advertising through RVTD, and would place ads in the Tidings, Tribune,
Peacehouse's Clear Action, Headwaters magazine, Parent magazine, as well as bus ads, posters and flyers. She
noted that there would also be activities on a smaller scale in Medford, and she would advertise these separately.
She stated that her hope was for an advanced article in the Tidings/Tribune to publicize the event. She pointed out
that free RVTD bus service was still a possibility but had to be discussed further before a fmal decision was reached.
Harding discussed the tours planned, noting that at this point there was no one to lead the bike tour and there had
been no respom:e from the Historic Commission or Tree Commission in response to inquiries asking for members to
lead tours. She noted that Siskiyou Velo holds "show and go" tours and that may be what needs to be done here.
She explained that the hope was for walking and biking tours, and for historic, tree, and birding experts to lead the
tours.
West discussed presenting the R VTD Transportation Hero A ward, and asked members to get her any additional
Who Rides/Who Strides articles or nominations for the award. Members suggested that the BikeFirst bike recipients
be part of a pand to help select the winner.
Knickerbockel'lHarding m/s to allocate up to $500 to fund Car Free Day. Discussion: Members noted that
this would potentially include $161 for the city street closure permit, $150 to acquire rights for the public
movie showing, and any incidental printing or advertising costs. Voice vote: All AYES. Motion passed.
Items from Staff .
Severson presented a memo detailing the commission's budget allocation for the current year and past two years,,,,,.
noting that it was intended both to assist in planning for the coming year and at Harding's request for consideration
in determining what to say when the Commission makes its annual presentation to the City Council on September
6th at 7:00 p.m. It was agreeq that this should be a significant discussion item for next month: Severson and
Harding agreed that they would be there for the presentation, and indicated that at least two or three others should
attend.
Severson reiterated that Delgado had resigned, Hinke was likely to, and that getting a quorum for meetings was
questionable. He asked that members refer any interested friends to apply for appointment to the commission
through the Mayor's office.
New Busines~~
West noted that the SOU student council had voted some time ago to stop paying for free bus service to students,
and that she was only recently made aware of this. She explained that the City and RVTD were renegotiating this
program, and that the removal of funding by SOU meant that the funding for the program would need to be made up
elsewhere either by the City, SOU administration, or through reinstituting fees for the bus service. It was noted that
the City currently pays $270,000 annually for the program, and that the SOU student council decision means that an
additional $22,000 is needed to continue the program. West noted that if the City were to cover this cost, it would
amount to Ashland residents subsidizing a program to benefit non-resident students. She noted that when the free
2005-0721 Bike Min
Page 2 of 3
bus service program went into effect, there was an unprecedented increase in ridership of 49% and it had continued
to rise. She noted that she was compiling data for Ann Seltzer, and that Seltzer would be taking thl~ matter to the
City Council for a decision, and she added that SOU administration had so far been unwilling to cov(:r this cost and
had suggested that it be paid by the non-traditional students group. Silbiger stated that he would look into the matter
further. Chapman emphasized the need for better tracking of riders under the free fare program to give Council an
idea of its success and who it was serving.
Aaenda Items for Next Meetina
Introduction of new members, election of officers, council presentation, Car Free Day, budget, ,md combining
commissions.
Adjournment
There geing no further business, the meeting was adjourned at 6:25 p.rn.
Upcomina Meetinas:
. August 2nd CFD'05 Subcommittee Meeting at Standing Stone at 5:15 P.M.
. August 18th CFD'05 Subcommittee Meeting in the Siskiyou Room at 4:00 P.M.
. August 18th Regular Meeting in the Siskiyou Room at 5:15 P.M.
2005-072 J Bike Min
Page 3 of 3
ASH LA N D CITY COUNCIL JOINT STUD Y SESSION
JUL Y 20. 2005
PAGE I (~l3
MINUTES FOR THE JOINT STUDY SESSION
ASHLAND CITY COUNCILIPARKS & RECREATION COMMISSION
July 20, 2005 - 1 :00 p.m.
Civic Center Council Chambers, 1175 E. Main Street
CALL TO ORDER:
Council Chair Kate Jackson called the meeting to order at 1 :07 p.m. in the Civic Center Council
Chambers.
ATTENDANCE:
Councilor Hardesty, Amarotico, Jackson, Silbiger and Chapman were present.
Mayor Morrison and Councilor Hartzell were absent.
1. Gun Club Lease Extension
Parks & Recreation Director Don Robertson stated that the issue before the City Council and. the Parks &
Recreation Commission was the possible extension of the Ashland Gun Club's lease. Mr. Robertson
"-,-,pexplained that in February of 2004, the Parks & Recreation Commission was approachedby::theAshland,:.:.:;......
Gun Club with a request to extend their lease to 2029. He explained that the Gun Club had received a
grant for new skeet shooting equipment; however the grant was contingent on them having at least 10
years remaining on their lease, which is currently set to expire in 2009.
At the time the Parks & Recreation Commission heard this request, several concerns were voiced. The
Historic Commission considers this property historic and expressed concern that the lease extension could
harm the site or limit their ability to have the property listed on the National Register of Historical Places.
Concerns were also voiced by neighbors regarding the noise, increased traffic and after-hours use. Mr.
Robertson noted that at the time of its inception, the property the Gun Club occupies had very few
surrounding neighbors, but in current years this area has become more urbanized and the noise, especially
during National Guard and police training sessions, has become a complaint of the neighbors.
In reviewing the information, the Parks & Recreation Commission requested the Legal Depa.rtment's
opinion regarding their ability to grant the lease extension. The City Attorney concluded that the
Commission did not have the authority to extend the lease on the city owned property because their own
lease on the property does not extend to the 2029 date. Because of this, it is necessary for the City
Council to get involved and provide direction as to how this issue should be resolved.
Historic Commissioners Dale Shostrom and Keith Swink addressed group and presented a slide show of
historic pictures. It was noted that this historic site is the source of the Lithia water and som,e of the
photos included: the Lithia Springs well house and pump, the Gillette bottling house, the gazebos at
Lithia Park and the Railroad Depot and the Lithia fountain located on the Plaza. Mr. Shostrom explained
that the area around Ashland has long been known for its springs and commented on the history of the
spring water. He stated that there was little doubt that this site had features that would make it eligible to
be placed on the Historic Register and requested the creation of a master plan so that this property can
best serve the desires of the community.
George Kramer/386 N. Laurel/Stated that the historic site designation does not require certain uses and
stated that the National Register status would not preclude the use of the property as a Gun Club. Mr.
Kramer stated that the property was in sufficient standing to merit its listing on the Historic Register and
explained the connection to federal funding. He clarified that in the future, if the City were to undertake
in a project on that site that included any sort of federal involvement, it would require the property to be
evaluated for historical significance and there would be some implications if it was determined a
significant site. If the City does not have a federal nexus, than the City can do with the property what
ASHLAND CiTY COUNCIL JOINT STl/DY SE'SSIOiV
JUL Y 20. 2005
PAGE 2 of3
they want.
It was questioned if more people would want to visit the site if it was listed on the historic register. Mr.
Kramer stated that this would create more awareness and presumably curiosity, but there is no
requirement that the site be made available to the public.
Comment was made that this property was a possible terminus for the greenway and Mr. Robertson
clarified that the future greenway, when and ifit becomes fully built out, would involve a section of trail
that would border this site.
Mike LaNier, 211 Genessee, Medford/Chuck Parlier, 6801 Irish Lane,IBill Longiotti, 245 Arnosl
Spok~on behalf and the Ashland Gun Club and voiced their concern that they have been kept out of the
loop. Mr. LaNier noted that the Gun Club has been the lease holder of this site for over 30 years, yet the
only way they were made aware of these meetings was by reviewing the minutes. Request was made for
the City to pla(;e the Ashland Gun Club on their mailing list for any Historic Commission, Parks &
Recreation Commission or City Council meetings where their lease is scheduled for discussion. It was
pointed out that they were not even notified about this study session.
Mr. LaNier commented on the dumping that goes on at the site by the City's Public Works Department
and stated that if it is going to be designated as a historic property they need to figure out how to do the
preservation. He spoke regarding the residential growth surrounding the site and explained that they have
extremely rigid rules and nqted that there is no record that a safety violation has ever occurred on the site.
Mr. LaNier submitted an invitation to the Council and Parks Commission to attend one of the upcoming
activities so they can see how safety operations are handled.
Mr. Parlier stated that safe places to discharge firearms are few and far between and noted that prior to the
Gun Club being located at this site; they met in the Historic Armory. He stated that the Gun Club
furnishes a safe place to discharge firearms and stated that they do not shoot at the structures. He also
noted that everyone goes through a thorough orientation process. He also commented that the Club
provides a Hunter Safety Training program and noted its success in preventing fatalities.
Mr. Longiotti stated that approximately 90% of the property was under land fill, due to the excessive
dumping of saw dust from the old mill plant. He noted the common practice of dumping dirt on the site,
but explained that they have been able to create berms from the dirt, which are what catch the projectiles.
He also noted that berms are specifically located around the pump house to protect it. Mr. Longiotti
stated that the structure is in pretty good shape considering the length of time it has been there and noted
that some of the buildings are buried.
Mr. LaNier noted that the Gun Club was supportive of identifying a master plan as mentioned by the
Historic Comrnission.
City Attorney Mike Franell explained that there are two leases for the property, one between the City and
the Parks & Recreation Commission and the other between the Parks & Recreation Commission and the
Gun Club. He stated that both leases expire in 2009; therefore the Parks & Recreation is not able to grant
an extension that is beyond what their lease is. It was noted that the Gun Club's receipt of their grant
funding was on hold until this issue is resolved.
City Administrator Gino Grimaldi stated that if the Council wished to extend the Gun Club's lease, S~ff
would work with the Gun Club and the Parks & Recreation Commission to bring back options.
/lSHLAND CITY COUNCIL JOINT STUDY SESSION
JULY 20,2005
PAGE 3 ol3
Comment was made that the Council should use this opportunity to address the complaints of the
neighbors. Mr. Franell noted that the City could specify in the lease that they want complaints to first be
directed to the Gun Club so they are provided an opportunity to resolve the issue, but if they ;are unable to
reach a resolution, that the City becomes involved.
Mr. Longiotti noted that the Ashland Police Department utilizes the facilities and conducts night shooting,
which is one of their highest complaints. He also pointed out that contrary to what has been stated by
neighbors, the National Guard is not permitted to fire fully automatic firearms on their range.
Mr. Grimaldi requested direction from the Council, noting out that the meeting would be ending shortly.
Council agreed to look into how the lease would be extended and agreed with the concept of extending it
for a ~ecific period of time. Their concerns regarding the neighbors' complaints, historic significance
and clean-up were noted and it was clarified that the Parks Commission would work on preparing
possible conditions of the lease and this issue would come back to the Council. Mr. Grimaldi noted that
there would be several opportunities for public comment when this issue is addressed by the Parks
Commission and the City Council. In the interim, any comments should be directed to the City
Administrator or the Parks & Recreation Director.
ADJOURNMENT
Meeting was adjourned at 2:10 p.m.
Respectfully submitted,
April Lucas, Assistant
MEMBERS PRESENT: Ric (Chair), Jo Ann€( Eggers ice Chair), Anthony Kerwin, Joseph Vaile
Members Absent: Frank Betlejewski, Diane White
Staff Present: Nancy Slocum, Keith Woodley
Non-Voting Members Present:Cate Hartzell, Marty Main
I. CALL TO ORDER: Acting Chair Brock called the meeting to order at 4:37 PM in the Siskiyou Room.
Brock welcomed new commissioner, Joseph Vaile. Vaile had a degree in biology, previously worked for
BLM and currently works for Klamath-Siskiyou Wildlands Center. He expressed special interest in
collaborating with the Forest Service on watershed issues and fuel reduction.
Eggers I Kerwin m/s to nominate Richard Brock as Commission Chair until May, 2006. l\1otion passed
unanimously. Brock I Kerwin m/s to nominate Jo Anne Eggers as Vice Chair until May, 2006. Motion
passed unanimously.
II. APPROVAL OF MINUTES: Eggers noted the statement in the revised minutes regarding Robertson
not being reappointed to the Commission. She believed the statement was not relevant and did not belong
in the minutes. Brock did not remember a "straw vote." Commission agreed to strike those three
sentences from the minutes. Eggers / V aile m/s to approve the minutes as amended. Motion passed
unanimously.
III. PUBLIC FORUM: No one spoke.
IV. ADJUSTMENTS TO THE AGENDA - None.
V. OLD BUSINESS
A. Staff Report from Woodley - Woodley reported that Chris Chambers' position had not been
refunded for FY 2005-2006. Money from the National Fire Plan may be able to fund his position.
Main reported that he and Darren Borgias met with eight Forest Service specialists to discuss
inventory and monitoring protocol. The ideas presented by the specialists.were well received and the
specialists will each comment individually. The aim is to include inventorying and tIlonitoring as part
of the Final EIS.
.
B. Review and Vote on Revision Commission Charter - Slocum reviewed the changes to the charter as
discussed at the April 21 st retreat. The commission reiterated that the wording in the Charter
regarding "one owner of forest management lands identified in the Forest Managem(~nt plan..." was
ambiguous and limited the pool of available volunteers. Eggers I Kerwin m/s to approve the charter
as revised and recommend its adoption to the City Council. Motion passed unanimously. The
commission asked that future vacancy announcements in the paper include wording such as
"Residents in the.interface forest zone are encouraged to apply."
C. Review Council Communication Recommending Ad Hoc Committee - Commission continued to
discuss the need for a separate ad hoc committee charged with responding to the Forest Service's
DEIS. Since last meeting, Brock said he reconsidered his position and saw a potential conflict of
interest with members that may prefer a more nonofficial status. He thought the COInmissiori should
communicate to the AFRCA TS that their product would ultimately get final approval from the
Commission. Kerwin said, whether the commission used an ad hoc committee or AFRCA TS, the
purpose is for the City to legally and effectively comment on the DEIS. Navickas suggested using an
ad hoc committee to attract more community members.
ASHLAND FOREST LANDS COMMISSION MEETING
C:\DOCUME-I\berteauf\LOCALS-I\Temp\JUN 80S.doc JUNE 8, 2005 - Page 1 of2
,. ---~-,------_._.
- - ,. . . . .'. ---..--.-.--.----------
Howard Heiner noted a disadvantage to the similar functioning Ashland Watershed Stewardship Alliance
ad hoc committee was that it was appointed by the major and not open to the public. The charge of an ad
hoc comnrittee could state that any deliverables would have to be approved by the commission. Brock
wondered how the AFRCA T group was working now. Main said there were approximately 11 members,
but anyone was invited to join. Hartzell's questions as a City Councilor were: was the membership open
to the public, was the meeting time accessible to all and ,w,ere the meetings noticed? Slocum reported that
AFRCA T meetings were currently not noticed, but could be. Vaile noted that the City has the ear of the
Forest Service. The DEIS contained both ecological and social goals. Heiner felt it appropriate to open
AFRCA TS to everyone. Navickas thought AFRCA Ts was a dysfunctional group and it was time for a
new group. Brock noted that AFRCA Ts are an advisory committee to the commission.
Kerwin / Eggers mIs to request the AFRCATs develop a response to the Ashland Fire Resiliency
Project's DEIS to be approved by the commission, then recommended to the City Council. With staffs
assistance, the AFRCA Ts will encourage community outreach and follow the open meetings laws.
AFRCATs will bring the commission a recommendation within 30 days of the DEIS publication. Motion
passed unanimously.
Commission voted to extent the meeting until 6: 1 O.
D. Review and Vote on 2005 Commission Goals - Commission discussed the need for further review of
the goals generated at the April 21 st retreat. Slocum noted that some of the goals were not defined nor
had objectives. In addition, the goals had no timelines. Commission agreed that more discussion was
needed and tabled the discussion until the next meeting.
E. Winburn Parcel - Tabled.
VI. NEW BUSINESS
A. Set Schedule and Process for "Scientific Paper of the Month" - Commission asked that intereste.d
conllnissioners consider research papers that may be of interest and then give a five to ten minute
sumrrlary of the paper during a meeting.
VII. COMMISSIONER COMMENTS - None.
VIII. REVIE'V AND SET COMMISSION CALENDAR I NEXT MEETING
A. Next regularly scheduled meeting: Wednesday, July 13, 2005, however, the commission was put on
notice: that special meetings may be called at any time during the DEIS public comment period.
VII. ADJOURN: 6:12 PM
Richard Brock, Chair
Respectfully Subn:ritted,
Nancy Slocum, C]erk
C:\DOCUME-1\berteau1\LOCALS-1\TempVUN 80S.doc
ASHLAND FOREST LANDS COMMISSION MEETING
JUNE 8, 2005 - Page 2 of 2
CITY OF
ASHLAND
ASHLAND HISTORIC COMMISSION
Minutes
August 3, 2005
Community Development/Engineering Services Building - 51 Winburn Way - Siskiyou Room
Historic Commissioners Present: Dale Shostrom, Keith Swink, Rob Saladoff, Terry Skibby, Jay Leighton,
Alex Krach, and Henry Baker
Absent Members: Tom Giordano, Sam Whitford
Council Liaison: Jack Hardesty - Absent
Hiah School Liaison: None Appointed
SOU Liaison: None Appointed
Staff Present: Maria Harris, Senior Planner, Billie Boswell, Administration
CALL TO ORDER - REGULAR MEETING
At 7:04, Chairman Dale Shostrom called the regular meeting to order.
APPROVAL OF MINUTES
Ms. Leighton moved to approve the July 6, 2005 minutes with a second by Mr. Baker. They were approved
unanimously.
PUBLIC HEARINGS
Planning Action 2005-01226
Variance
Randy & Helen Ellison
820 C Street
Chairman Shostrom described the request for a variance to the front yard setback in order to expand the front
porch. The existing front porch is approximately 18 feet from the front property line and 20 fel3t is required. The
proposal is to expand the width of the front porch maintaining the approximately 18-foot setback.
Ms. Harris explained that the original lot was...partitioned and the previous owner moved. the existing, 1907,
historically significant house to its present location~ 18 feet from the property line. Old photographs indicate a
porch on the west side of the house that the owners would like to recreate along with a deck landing on the
porch roof for the existing second-story door.
The owner, Randy Ellison, confirmed his desire to extend the existing porch around the corner of the house to
the west elevation to bring back the look of the original house design. His plan included matching existing
siding, columns, spindles and sculpted handrail to existing design details. He wanted to use wrought iron for the
railing on the new second story deck to enhance the modified Victorian look.
.' .' Chairman Shostrom was concerned about the asymmetrical design of the upper deck. He suggested bringing
--"extending the roof out to balance the look. Discussion followed regarding various design options.
Since there was no one in the audience to speak, the public meeting was closed.
Chairman Shostrom made a motion to approve the variance subject to the following conditions: _
1. Add symmetry to the west elevation to center the second story deck/balcony on the openings above.
2. Create symmetrical windows on the ground floor of the west elevation.
Ashland Historic Commission Minutes
8/1012005
CITY OF
ASHLAND
3. Expand depth to the lower porch to the west side 10-foot setback to add functionality.
Mr. Swink second€,d the motion and it was approved unanimously.
OLD BUSINESS
A. Review Board -. Following is the month's schedule for the Review Board, which meets every Thursday from
3:00 to at least 3:30 p.m. in the Planning Department:
Skibb ,Swink, Saladoff/Lei hton
Skibb , Whitford, Baker
Skibb ,Saladoff, Giordano
Skibb ,Shostrom, Lei hton
Skibb ,Giordano, Whitford
Skibb ,Swink, Saladoff
B. Proiect Assianme-nts forPlannina Actions
P A #2000-120
PA #2002-100
PA #2004-026
PA #2004-018
PA #2004-100
PA #2004':'102
PA #2004-110
PA #2004-115
PA #2004-138
PA #2004-150
P A #2004-154
P A-#2004-160
PL#2005-00039
PL#2005-00869
PL#2005-0 1043
PL#2005-01226
Shostrom
Lei hton
Giordano
Swink
Whitford
Saladoff
Whitford
Swink
Saladoff
Shostrom
Lei hton
Lei hton
Swink
Lei hton
Shostrom
C. Co-Sponsorship with Conservation Commission for Fall Workshop - No report
D. Lithia Sprinas National Reaister Nomination - At the City Council study session with the Parks
Commission regarding the Gun Club the Council approved granting a lease to the gun club with the
Parks department working out the details. In response to Chairman Shostrom's question, Ms. Harris said
she would be the contact person between the Historic Commission and the Parks department. The
Commissioners discussed contacting the Parks Commission to get on their agenda to discuss the
conditions of the Gun Club lease as it relates to placing Lithia Springs on the National Register.
E. Multiple Listina Survey for National Reaister of Historic Places - No report
F. Sinale Familv Residential Desian Standards - No report
G. Brown Baa Meetina - No report
Ashland Historic Commission Minutes
8/10/2005
2
CITY OF
ASHLAND
NEW BUSINESS -
1. Ms. Harris said Trace Harding of the Bike & Pedestrian Commission asked if one of tile Commissioners
would be interested in doing a Walking Tour on "Car-Free Day" on September 22, 2005. Mr. Skibbysaid
he had a previous tour booked for the 21 st and would not be available. The Commissioners were asked
to contact Ms. Harris if they were interested.
, '
2. Ms. Harris announced there was still grant money available to send for one or two additional
,,,;,'.:;; Commissioners to attend the National Preservation Conference in Portland September 26th through
October 1st. Anyone interested should contact her as soon as possible.
3. Mr. Saladoff informed the Commissioners that the owner of the home at the corner of Church Street &
Baum Street, wanted to do a Historic tour of their home. They were interested in a mailing list to notify
interested parties of the opportunity. Ms. Boswell said she would meet with Mr. Saladoff to review the
mailing lists available.
4. Ms. Leighton reviewed with the Commission the design of proposed Historic interpretive panels. A grant
would cover the cost of the panels that would be placed in the Plaza and in Lithia Park on metal stands.
The Commissioners felt the panels would be a great addition. Chairman Sl1ostrom'maae a motion to
approve the panels. It was seconded by Mr. Skibby and passed unanimously.
ANNOUNCEMENTS
The next Historic Commission meeting will be on September 7, 2005 at 7:00 pm in the Siskiyou Room.
ADJOURNMENT
With a motion byLeighton and second by Saladoff, it was the unanimous decision of the Con1mission to adjoum
the meeting at 8:30 p.m.
Ashland Historic Commission Minutes
8/10/2005
3
OFFICE OF THE MAYOR
JOHN W. MORRISON
CITY HALL - 20 EAST MAIN STREET- ASHLAND - OR-EGON 97520
TEL [541] 488-6002 - FAX [541] 488-531 1 - TTY 800 735-2900
MORRISOJ@ASHLAND.OR.US - WWW.ASHLAND.OR.US
MEMORANDUM
DATE:
August 8, 2005
TO:
City Council Members
Mayor John Morrison .x \\
Appointment to Historic Commission
FROM:
RE:
August 16, 2005 Council Meeting
Confirmation is requested of my appointment of Allen Crutcher to the Historic
Commission for a term to expire April 30, 2006,
The vacancy was created when Alexander Krach recently resigned from the comrnittee.
An advertisement for the open position appeared in the Ashland Daily Tidings, and was
also advertised on the City's Web site and posted on the notice board in City Hall.
A copy of Allen Crutcher's application is attached.
Attachment:
CITY OF ASHLAND INCORPORATED 1874
&[1,[1,~rm ~[KlM'IT@~~[Kl 0 1J~@@ WO~[Q)~[Kl ~Lml~~u 0 &&3~[1&~[Q)\J @[Kl @u~%;@ 0 ~1Jo~~%;o1J@~@ 0 ~1J~~%;o1J@@B [fE\M
July 29,2005
Mayor Morrison
City of Ashland
20 East Main Street
Ashland, OR 97520
~~@~u.. [~T~
U I illl
hU" 0 1 L005 ~I
By
Dear Mayor Morrison,
The purposE~ of this letter is to request your consideration for my appointment to the
Historic COrTlmission. I was contacted earlier this week by a member of the commission
who encouraged me to volunteer for the available position and I feel it would be a
worthwhile c:lnd fitting way for me to contribute something to the community.
I have lived in Ashland for a little over six years and have been practicing as an Oregon
licensed architect for the same period of time. Prior to living in Ashland, I practiced
architecture in Southern California for approximately nineteen years. The bulk of my
work has been in single family custom homes although I have also worked in
commercial architecture including office buildings, country clubs, public parks and other
work.
In may of 2003 I was awarded a certificate of recognition by the Historic Commission in
the category of Historically Compatible New Construction for a project I designed. I
appreciate and respect the historic character of Ashland as an integral part of the
diversity and uniqueness that makes it such a special place to live. I also understand
that there are many influences and considerations that affect the preservation and
maintenancl3 of Ashland's historic buildings and neighborhoods and that the Historic
Commission has a central role in trying to resolve such issues in the most positive way
for the comrnunity.
In bringing projects before the commission in the past I have gained respect for the
individuals \/vho serve on the commission and how it operates. I'd be honored if you
would allow me to serve in this capacity. Please let me know if you need any more
information or have any questions I could answer. Thank you for your consideration.
Sincerely,
~
Allen Crutcher
OFFICE OF THE MAYOR
JOHN W. MORRISON
CITY HALL · 20 EAST MAIN STREET. ASHLAND · OF~EGON 97520
TEL [541] 488-6002. FAX [541] 488-531 1 · TrY 800 735-2900
MORRISOJ@ASHLAND.OR.US · WWW.ASHLAND.OR.US
MEMORANDUM
DATE:
August 8, 2005
TO:
City Council Members
Mayor John W. Morrison ~ M
Appointment to Youth Activities Levy Committee
FROM:
RE:
. .... 'C,~. ."~__'."""'~_~_~""""
August 16,2005 Council Meeting
This will confinn my appointment of Sara-Lynne Simpson to the Youth Activities Levy
Commission to serve for the remainder of the duration of the Youth Activities Levy that
expires in 2008. Sara-Lynne Simpson will serve as a citizen member.
In accordance with Resolution 2003..08, the seven-person commission is appointed by the
mayor and composed of three citizens, a member of the Parks Commission, a member of
the School Board, the Athletic Director, and one non-high school principal or
administrator.
The vacancy was created when citizen member Bill Cobb recently resigned from the
Y AL Commission. Mat Marr, who was appointed to the commission as an additional
citizen member in September 2003, also left the Y AL commission as he was rece:ntly
elected to the Ashland School Board. The additional citizen position created forMat
Marr will not be filled, and citizen members will now remain at three, as per Resolution
No. 2003-08.
Attached are copies of applications and a copy of the advertisement as it appeared in the
Daily Tidings. The vacancies were also advertised on the City's Web site, and on the
notice board in City Hall.
CITY OF ASHLAND INCORPORATED 1874
Ii Fran Berteau .: VAL appointment
>....,.'.N..'.".;.""*'+':O,,.;,.>>:,';.,.'.NN/.-.;.,Y....,. .. ,...,' -- -""'-X':~""'",,,w,:.- w...". "<<<_:' _ _ ' :.,'...':~<-:<<
Page 1 J
From:
To:
Date:
Subject:
Sara-Lynne Simpson <slsdance@mind.net>
"'berteauf@ashland.or.uslll <berteauf@ashland.or.us>
7/5/20054:59:21 PM
Y AL appointment
*
Hi Fran:
I am writing this email, as you requested in our telephone conversation
recently, to confirm my willingness to serve on the VAL Committee. Lyn
Godsey asked me to apply for the open positions on the Committee.
I would like to continue serving Ashland's K-12 students, as I have since
moving here three years ago. I believe we need a matrix that looks at all
of the possible interests and activities for our youth, including offerings
from private organizations and the City, and makes sure those bases are
covered. As a community we need to ensure sequential development and high
quality in all our students' areas of learning, whether in-school or after
school. The Levy plays a big role in helping ASD do this important work.
I have worked as a partner with ASD as the founder and chair of the
Advancing Arts-Education in Ashland committee for over two years. With my
children in ASD schools, I have served on the AMS Site Council, Lincoln
PTO, AMS Academic Challenge Taskforce, Bullying and Harassment Prevention
Committee, Lincoln Arts Council and Ashland Schools Foundation Fundraising
Drive. I provided a Dance and Literacy Residency at Helman Elementary with
an Impact grant as well. My children have benefited from Levy sponsored
programs, both athletics and arts related.
My professional background includes teaching the arts and teacher education
for K-University students and in-service teachers. I ran a 4-county
teacher professional development project for the state of California in
connection to my teaching at California State University, Hayward. My
motivation in alii my work has been to ensure better quality learning
experiences for students.
I look forward to hearing from you about next steps in this process.
Sincerely,
Sara-Lynne
Sara-Lynne Simpson
Simpson & Marcus
813 Leonard Street
Ashland, Oregon 97520
(541) 488-017'1, phone
(541) 261-027H, cellular
slsdance@mind.net, email
No virus found in this outgoing message.
Checked by AVG Anti-Virus.
Version: 7.0.32~3 / Virus Database: 267.8.9/41 - Release Date: 7/5/05
Please publish:
Tidings - Saturday, June 18, Friday, June 24.
Revels- Thursday, June 23
Refer to P.O. 69134
Questions? Please call Fran at 488-6002
Applications are being accepted for two open citizen positions on the
Ashland Youth Activities Levy Committee. The primary purpose of
the Committee is to make recommendations to the School Board as
to the distribution of funds available through the Youth Activities
Levy. These volunteer positions will be for the duration of the Levy.
('08). Particularly sought are individuals with areas of interest within
youth programs, and with a background of involvement in Ashland
Schools.
If you are interested in being appointed to a volunteer position on the
Youth Activities Levy Committee, please submit your request in writ-
ing, setting forth your personal areas of interest regarding levy fund
distributions, and if applicable, past areas of involvement with Ash-
land Schools.
APPLY TO: The City Recorder, 20 East Main Street, Ashland.
APPLY BY: July 5,2005.
r~'
CITY OF
ASHLAND
CITY OF
ASHL)\ND
Council Communication
Acceptance of Trail Easements
Meeting Date:
Department:
Contributing Departments:
Approval:
Estimated Time:
August16,2005
Parks and ReCreati~o
Legal, City Record
Gino Grimaldi
ConsentAgenda:Ze
Primary Staff Contact:
Email:
Secondary Staff Contact:
E-mail:
Don Robertson, 552-2251
robertsd@ashland.or.us
Mike Franell, 552-2090
franellm@ashland.or.us
0/
Statement:
The 2002 Parks, Trails, and Open Space Plan recommends acquiring public right-of-way along the Talent Irrigation
Ditch (TID) for trail purposes. These proposed easements are within that targeted area.
Background:
For over two years, the Ashland Woodlands and Trails Association (AWTA) has identified and worked with private
property owners along the TID to survey property lines and to identify possible trail connections.
In that time, five property owners have offered pedestrian easements over their property for use as trails. Each of
these easements will allow legal public use of the ditch trail by the public. The easements are in compliance with the
spirit of the Parks, Trails, and Open Space Plan adopted in 2002.
The proposed easements have been revi~wed by the Parks Commission and recommended for approval at their
regular meeting on July 25.
Related City Policies: ,
The policy of the Parks Commission has been to actively seek agreement or purchase of land as identified in the 2002
Parks, Trails, and Open Space Plan.
Council Options:
1) Accept trail easements
2) Refuse trail easements
Staff Recommendation:
Staff recommends approval and acceptance of the proposed trail easements.
Potential Motions:
Consent Agenda Item. Or: "Move to approve the pedestrian access easements provided by Alton and Patricia Perrin,
J.L. Sneider/Brown, Thomas and Jean Keevil, Peter and Betty Westigard, Oscar and Gail Johnson."
Attachments:
Proposed easements.
r~'
Name of Transaction:
Public Trail Easement
Alton M. Perrin and Patricia C. Perrin
Grantors:
Return Document to:
Barbara Christensen, City Recorder,
20 East Main, Ashland, OR 97520
$1.00 and other good and valuable.
consideration
True and Actual Consideration:
EASEMENT FOR PUBLIC TRAIL PURPOSES
Recitals:
A. Grantors are the owners of certain real property strategically located to provide a
valuable addition to the public trail system within and immediately around the City of
Ashland ("City").
B. The Ashland Woodlands and Trails Association ("AWTA"), working cooperatively with
the City and the Ashland Parks and Recreation Commission ("Commission") to acquire,
preserve and improve the public trail system, has determined that a trail through the
below described property will provide a vital link in this system.
C. AWTA has negotiated, for the benefit of the "City and Commission, an agreement with
Grantors to add the below described property to the public trail system as set forth in
th is easeme nt.
Grantors and City agree:
1. Grant of easement. The above-named Grantors grant to the City of Ashland, Oregon,
a perpetual non-exclusive easement in gross to construct, reconstruct, install, use,
operate, inspect, repair, maintain and remove and replace a trail for use by the public
across, along and upon the real property described below and further referred to in this
easement a~1reement as the "easement area."
The easement area is located in Jackson County, Oregon and is
described on the attached Exhibit A.
~. Use of sUlface. Grantors shall have the right to use the easement area for all
purposes not inconsistent with the uses and purposes of the property, provided that
Grantors shall not build or erect any structure upon the easement area without the prior
written consHnt of City. City agrees to work with Grantor with steps needed to achieve
the efficient and effective operation and trail management, including, but not limited to
needed signage, fencing, etc.
3. Prior Encumbrances. This easement is granted subject to all prior easements or
encumbrances of record.
4. Indemnification. To the extent permitted by the Oregon Constitution and the City's
charter, the City shall, within the limits of the Oregon Tort Claims Act, defend and
indemnify Grantors against any liability for damage to life or property arising from the
public's use of the easement under this agreement. The City shall not be required to
indemnify Grantors for any such liability arising out of the wrongful acts of the Grantors
or the employees or agents of the Grantors.
5. Meraer. This easement agreement constitutes the entire agreement between the
parties regarding the subject matter hereof. There are no understandings, a~~reements,
or representations, oral or written, not specified herein regarding this agreen1ent. No
waiver, consent, modification or change of terms of this easement shall bind either party
unless in writing and signed by both parties.
G7J~~
..' ../,) ~-. ~.-
'--~./ ;>1:~.../ ~ .... C -' , ,_/XA....h-----...'
. -- .:..V----c: -e.....:.....-
.-'
State of Oregon
County of Jackson
/) .
This instrument was acknowledged before me on {{.J].-1.A...l__ 1
y
by f} Ill; i't fJ1. IJ C. Y V'/I''l and I~Lfy I u ~ C'. r"") e)A Ir / J/L
c;- S A-
, 20Q.4':/
. OFFICiAl SEAl
. . SONJA N AKERMAN
~ j NOTARY PUBLIC - OREGON
I ....... ..../ COMMISSION NO. 355829
. MY COMMISSION EXPIRES APIUlI. 2006
IV' '7/[ . aJl!'1-~J
Notary Pu . for Oregon
My Commission expires: f - (y.., () 0
.~'~.~.t':~.. ......~ ...
2- TRAIL EASEMENT
A:\Trail easement V2 12004.doc
EXHmIT A
604 TAYLOR STREET
LOT 5, BLOCK 2, SlRA lFORD-ON-A VON SUBDIVISION
PUBliC PEDES1RIAN ACCESS EASEMENT
T. 39 S, R. 1 E, Sec. 16BA, TL 200
A strip of land being 5.00 feet in width and lying 2.50 feet on each side of the following
descri1x~d centerline:
Commencing at the Southeast comer of the Stratford-on-Avon Subdivision in the City of
Ashland~ Jackson County, Oregon, according"to the Official PIat thereof as now
recorded; thence along the easterly line of Lot 5 of Block 2 of said Sulxtivision, North
000 14' 20" West, 10.45 feet to the Point of Beginning; thence North 270 07' 17" West,
23.76 f<;:et; thence North 370 10' 52" West, 30.65 feet; thence North 480 55' 59" West,
59.34 n:et; thence North 51001' 04" West 30.86 feet; thence North 540 59' 27" West
33.81 fc::et; thence North 620 00' 14" West, 11.25 feet to the Westerly line of said Lot 5,
being the Point of Termination.
December 2, 2004
F
REGISTERED ~
.PROFESSIONAL
LAND SURVEYQR
A ~.~
MAP OF
PUBLIC PEDESTRIAN ACCESS EA~;EMENT
LOT 5. BLOCK 2. STRATFORD-aN-AVON ,SUBDIVISION
CITY OF ASHLAND. OREGON
)
FOR
ASHLAND WOODLAND "TRAILS ASSOCIArrIOJ"l
~
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LOT 16
SCALE: 1" =30
-.--
CENTER OF EASEMENT
4'6'<>.
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TERRASURVEY, INC. \'~\
PROFESSIONAL LAND SURVEYORS \ ~\ \ \ I
274 FOURTH STREET N27'07'17"W'; ~
ASHLAND, OREGON 97520 23.76' ~ \
(54 1) 482.-v474
tcrratn~lnd.net
PA TRIClA C. PERRIN AND
ALTON M. PERRIN
OR 92-15890
604 TAYLOR STREET
LEGEND
'-rAX LO'T' 200
----
PROPERTY UNE
-----
EASEMENT
OR 92-15890 0FF10AL RECORDS,
JACKSON COUNTY, OREGON
REGISTEReD
PROFESSIONAL
LAND SURVEYOR
;t ~.
,- .-
DA TE: DECEMBER " 2004
BASIS OF BEARING:
POINT OF BEGINNING
T 39 $, R 1 E, SEC 16BA, n. 200
PLA T OF STRA TFORD-ON-A VON SUBDIVlStON
Name of Transaction:
Grantors:
Public Trail Easement
Jan Sneider/Brown for J. L. Sneider/Brown
Living Trust & Byron Brown Jr. Family Trust
Barbara Christensen, City Recorder,
20 East Main, Ashland, OR 97520
$1.00 and other good and valuable
consideration
RetlJrn Document to:
True and Actual Consideration:
EASEMENT FOR PUBLIC TRAIL PURPOSES
Recitals:
A. GrantorS! are the owners of certain real property strategically located to provide a
valuable addition to the public trail system within and immediately around the City of
Ashland ("City").
B. The Ashland Woodlands and Trails Association ("AWT A"), working cooperatively with
the City and the Ashland Parks and Recreation Commission ("Commission") to acquire,
preserve and improve the public trail system, has determined that a trail through the
below described property will provide a vital link in this system.
C. AWTA has negotiated, for the benefit of the City and Commission, an agreement with
Grantors to add the below described property to the public trail system as set forth in
this easem~3nt.
Grantors and City agree:
1. Grant of easement. The above-named Grantors grant to the City of Ashland, Oregon,
a perpetual non-exclusive easement in gross to construct, reconstruct, install, use,
operate, inspect, repair, maintain and remove and'replace a trail for use by the public
across, along and upon the real property described below and further referred to in this
easement cigreement as the "easement area."
The easement area is located in Jackson County, Oregon and is
described on the attached Exhibit A.
2. Use of surface. Grantors shall have the right to use the easement area for all
purposes not inconsistent with the uses and purposes of the property, provided that
Grantors shall not build or erect any structure upon the easement area without the prior
written consent of City. City acknowledges that there is an existing fence within the'
easement cuea, as depicted in attached Exhibit B, that may remain at the present, but
eventually rnay need to be moved. In the event the fence needs to be moved, City
agrees, at i1ls labor and expense, to relocate or remove and rebuild the fence with
similar matE~rials and construction to a location adjacent and parallel to the easement
acceptable to Grantor. City agrees to work with Grantor with steps needed to achieve
the efficient: and effective operation and trail management, including, but not limited to
needed signage, fencing, etc.
1- TRAIL EASEMENT
A:\easement - trail2004(existing fence).doc
3. Prior Encumbra"nces. This easement is granted subject to all prior easements or
encumbrances of record.
4. Indemnification. To the extent permitted by the Oregon Constitution and the City's
charter, the City shall, within the limits of the Oregon Tort Claims Act, defend and
indemnify Grantors against any liability for damage to life or property arising from the
public's use of the easement under this agreement. The City shall not be required to
indemnify Grantors for any such liability arising out of the wrongful acts of the Grantors
or the employees or agents of the Grantors.
5. Mercer. This easement agreement constitutes the entire agreement betw,een the
parties regarding the subject matter hereof. There are no understandings, a!~reements,
or representations, oral or written, not specified herein regarding this agreen1ent. No
waiver, consent, modification or change of terms of this easement shall bind either party
unless in writing and signed by both parties.
GRANTORS:
I
State of Oregon
County of Jackson
This instrument was acknowledged before me on .l\.). \1 ~.I .~
:-~
r 'M>t~-~<~
U of- &A-.r-/ ~ I~' ~ t4
~ 0
, 2004,5
by A?'\' \ M. Lu~C\S and
~ '-M. '-j-lLtVo..A)
Nota Public for Oregon
My Commission expires: ~)Ul q . -y-)oDt
. OFFICIAL SEAl
APRIL M. LUCAS
NOTARY PUBUC-OREGON
COMMISSION NO. 3Ia338
MY COMMISSION EXPIRES JAN. 08, 200G
2- TRAIL EASEMENT
A:\easement - trail2004(existing fen~).doc
MAP OF
PlJBLIC PEDESTRIAN ACCESS EASEMENT
LOT 9, Bl...OCK 1, WELLER LANE SUBDIVISION, PHASE II
CITY OF ASHLAND, OREGON
FOR
ASHLAND WOODLAND TRAILS ASSOCIATION
\
\
\
POINT OF BEGINNING
-
lLJ
<:
~
-.J
522'01 '12-E
1.34' "'~",
~\\ \~-
\ ~\~ SNEIDER/BROYIN J.L. LIVING TRUST &
\ \~:~~ BYRON BROWN JR. FAMILY TRUST
\ .~'-\\~, OR 88-02211
\\\~.
. \ \\\\
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------.
-
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------
-
-
------
---
CENTER OF EASEJJENT
I
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SCALE: 1 n = 30
LOT 9
-~
LEGEND
----
PROPERTY UNE
-----
EASEMENT
OR 88-02211
OFF1C1AL RECORDS,
JACKSON COUNTY, OREGON
. BASIS Of BEARING:
PLA T OF. WELLER L.ANE SUBDIVISION, PHASE /I
AIf.GISTER~D
PROF.ESSIONAL .
LAND SURVEYO~'
A-~..
DA IE: JANUARY 13" 2005
T 39 $, R 1 E, SEC ir6AB, Tl 2116
TERRASURVEY., INC.
PROFESSIONAL LAND SURVEYORS
274 FOURTH STREET
ASHLAND, OREGON 97520
(54 J) 482-6474
terrain~ndnet
NOTE: EASEJ.JENT FOR IRRIGA TlON
DITCH AS SHO't'tN ON PLA T OF
-. Kfl.LER LANE SUBDIV7S1ON, PHASE II,
IS NOT SHO't'tN FOR CLARITY.
w
MAP OF
PUBLIC PEDESTRIAN ACCESS EASEMENi-
LOT 9, BLOCK 1, WELLER LANE SUBDIVISION, PI--IASE I I
CI TY OF ASHLAND, OREGON
FOR
ASHLAND WOODLAND TRAILS ASSOCIATION
\
\
POINT OF BEGINNING
-
------
522.01'12"E _ - I
1..34' ,,~, ______
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SCALE: 1 n = 30
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LEGEND
----
PROPERTY UNE
-----
EASEMENT
---
CENTER OF EASEMENT
OR 88-02211
OFFICIAL RECORDS,
JACKSON COUNTY, OREGON
/
/
E REGIST!REO
PA~OFESSIONAL .
u~ND SURVEYOR
[__ " _ G-.
OREGON
.JU1.V 2&, 1eao
STUART M. OSMUS
No. 2464 ,
~)tNtJ
BASIS OF BEARING:
PLA T OF WELLER LANE SUBDIVISION, PHASE 1/
~
TERRASU-RVEY, INC.
PROFESSIONAL LAND SURVEYORS
274 FOUllTH STREET
ASHLAND. OREGON 97520
(541) ~~82~4 74
teITaln~lnd.net
DA TE: JANUARY 13, 2005
NOTE: EASEMENT FOR IRRIGA nON
DITCH AS SHOYrN ON PLA T OF
WEllER LANE SUBDIVISION, PHASE II,
IS NOT SHOYrN FOR CLARITY.
T 39 S, R 1 E, SEC 16,1..8, 71 2116
LOT 9, BLOCK 1, WELLER LANE SUBDIVISION, PHASE 2
PUBLIC PEDESTRIAN ACCESS EASEMENT
T. 39 S, R. 1 E., Sec. 16 AB, TL 2116
A strip of land being 5.00 feet in width and lying 2.50 feet on each side of the following
described centerline:
Commencing at the North One Quarter Comer of Section Sixteen, Township 39 South,
Range 1 East, Willamette Meridian, Jackson County, Oregon; thence South 000 12' 04"
East, 561.00 feet to the Northwest Comer of Weller Lane Subdivision, Phase 2 according
to the O'fficial Plat thereofas now recorded; thence South 120 32' 16" East, 166.05 feet to
a point on the northerly line of Lot 9 of said Weller Lane Subdivision, Phase 2, being the
Point of Beginning; thence South 220 01' 12" East, 1.34 feet; thence South 230 47' 45"
East, 45.67 feet; thence South 260 44' 54" East, 34.23 feet; thence" SOlith 310:34' 16" East,
51.66 feet; thence South 370 05' 16" East, 35.15 feet to the southeasterly line of said Lot
9, being the Point oftennination.
January 13, 2005
REGISTERED
PROFESSIONAL
LAND SURVEYOR
~'"C-
Name of Transaction:
Public Trail Easement
Thomas A. Keevil and Jean A. Keevil
Barbara Christensen, City ReGorder,
20 East Main, Ashland, OR 9jr520
$1.00 and other good and. valuable
consideration
.Gran1Prs:
Retu rn Docu ment to:
True and Actual Consideration:
EASEMENT FOR PUBLIC TRAIL PURPOSES
Recitals:
A. Grantors are the owners of certain real property strategically located to provide a
valuable addition to the public trail system within and immediately around the City of
Ashland ("City").
B. The Ashland Woodlands and Trails Association ("AWTA"), working cooperatively with
the City and the Ashland Parks and Recreation Commission ("Commission") to acquire,
preserve and improve the public trail system, has determined that a trail through the
below described property will provide a vital link in this system.
C. AWT A has negotiated,' for the benefit of the City and Commission, an agreement with
Grantors to add the below described property to the public trail system as set forth in
this easement. .
Grantors and City agree:
1. Grant of easement. The above-named Grantors grant to the City of Ashland, Oregon,
a perpetual non-exclusive easement in gross to construct, reconstruct, install, use, .
operate, inspect, repair, maintain and remove and replace a trail for use by th~3 public
across, along and upon the real property described below and further referred to in this
easement agreement as the "easement area. n
The easement area is located in Jackson County, Oregon and is
described on the attached Exhibit A.
2. Use of surface. Grantors shall have the right to use the easement area for all
purposes not inconsistent with the uses and purposes of the property, provided that
Grantors shall not build or erect any structure UpoA the easement area without the prior
written consent of City. City agrees to work with Grantor with steps needed to achieve
the efficient and effective operation and trail management, including, but not limited to
needed signage, fencing, etc.
3. Prior Encumbrances. This easement is granted subject to all prior easements or
encumbrances of record.
4. Indemnification. To the extent permitted by the Oregon Constitution and the City's
charter, the City shall, within the limits of the Oregon Tort Claims Act, defend and
indemnify Grantors against any liability for damage'to life or property arising from the
public's use of the easement under this agreement. The City shall not be required to
indemnify Girantors for any such liability arising out of the wrongful acts 'of the Grantors
or the employees or agents of the Grantors.
5. Meraer. This easement agreement constitutes the entire agreement between the
parties regarding the subject matter hereof. There are no understandings, agreements,
or regresentations, oral or written, not specified herein regarding this agreement. No
waiver, consent, modification or change of terms of this easement shall bind either party
unless in writing and signed by both parties.
GRANTORS:
~~/~
~d-~
State of Orelgon
County of Jackson
This instrument was acknowledged before me on , 2004,
by ThUYl14,S Ii ltuv/J and Jib ~ItJ .
I1t ~< ,t..J
Notary Public for Oregon ~ / ~ L
. My Commission expires: ~~ 'I P;S-
r.~ S' : :: :i ~ OFFICIAL SEAL
i~ BAlmARA M. CHRISTENSEN
,~ 'NC)TARY PUBUC-OREGON
,/; COMMISSION NO. 346236
Y MY COMMISSION EXPIRES AUG. 24, 2005
t ~~. "'"= - ~
2- TRAIL EASEMENT
A:\Trail easement V212004.doc
EXHIBIT A
600 FOREST STREET
, '
PUBLIC PEDESTRIAN ACCESS EASEMENT
T. 39 S, R. 1 E., Sec. 16 AB, TL 2001
A strip of land being 5.00 feet in width and lying 2.50 feet on each side of the following
<fescribed centerline:
Commencing at the North One Quarter Comer of Section Sixtee~ Township 39 South,
Range 1 East, Willamette Meridian, Jackson County, Oregon; thence North 890 59' 45"
East, 330.59 feet; thence South 000 05' 52" East, 1,082.43 feet to<a~pointon:the'East line
of the parcel descnOed in Document Number 80-14151, being the Point of Beginning;
thence North 65040' 17" East, 10.74 feet; thence North 79043' 05" East, 12.51 feet;
thence South 870 29' 44" East, 25.15 feet; thence South 760 03' 08" East, ,22.07 fi~et;
thence South 81045' 46" East, 15.09 feet; thence North 80020' 46" East, 10.66 fi~et;
thence North 56 013' 33" East, 29.84 feet; thence North 670 20' 24" East, 30.52 fi~et;
thence North 890 50' 12" East, 15.54 feet to a point on the East line of said parcel
described in Document Number 80-14151, being the Point ofTennination.
December 8, 2004
REGISTERED.
PROFESSIONAL
LAND SURVEYOR
~,L
MAP OF
PUBLIC PEDESTRIAN ACCESS EASEMEN~r
PARCE:L OWNED BY THOMAS AND JEAN K.EEVIL
CITY OF ASHLAND, OREGON
I FOR
I
~ ASHLAND WOODLAND TRAIL~,ASSOCIAT[ON
I---~ '
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.1:\>.. L{)T :':-(i" j
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THOMAS & JEAN KEEVIL
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paNT ~ :~:/J
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OR 80-14151
600 FOREST STREET
SCALE: 1"= 60.
DA IE: DECEMBER 8, 2004
~ -N89"50'12Wf
t)A"t, /~I 15.54'
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, w tt61~~~:..:;J:=--: ___:::":'~.:::::....... ,- ~/;!;?.,
tl19'~, 05 E S76b.1~~ N80"20' 46"( /.~:.- ..- - "::::::::2-~ _ -' ~;:;:-;::'''-
J.k~---7=--_<{07' 10.6(,~~~~ ...._.:..-=::;:..-
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\ _ _ -J 10.74'
I
LEGEND
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----- PROPERTY UNE
,-..
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-
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----------
EASEMENT
;..
-----
CENTER OF EASEMENT
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REGISTERED
.PROFESSIONAL I
LAND SURVEYOR ,;
It
A~.G- ~>
OR 80-14151 OFFIOAL RECORDS,
JAO<SON COUNTY, OREGON
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TERRASURVEY, INC.
PROFESSIONAL LAND SURVEYORS
274 F'OURTH STREl:.T
J- ASHLAND, OREGON 97520 .
(54J)482~474 -
terratn.m/nd.net
-------.-----
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BASIS OF BEARING:
PLA T OF ~LLffi LANE SUBDI\ASlON, PHASE: "
T 39 5, R 1 E, SEC 16~IB, Tl 2001
Name of Transaction:
Public Trail Easement
Grantors:
Peter H. Westigard (Trustee)
~ UlDo~ WlSb8an(
Barbara Christensen, City Reeorder,
20 East Main, Ashland, OR 9irS20
$1.00 and other good and valuable""
consideration
Return Document to:
T rue an<;i Actual Consideration:
EASEMENT FOR PUBLIC TRAIL PURPOSES
Recitals:
A. Grantors are the owners of certain real property strategically located to provide a
valu.able addition to the public trail system within and immediately around the City of
Ashland ("City").
B. The Ashland Woodlands and Trails Association ("AWTA"), working cooperatively with
the City and the Ashland Parks and Recreation Commission ("Commission") to acquire,
preserve and improve the public trail system, has determined that a trail throu!~h the
below described property will provide a vital link in this system.
C. .AWTA has negotiated, for the benefit of the City and Commission, an agreoment with
Grantors to add the below described property to the public trail system as set-forth in
this easement.
Grantors and City agree:
1. Grant of easement. The above-named Grantors grant to the City of Ashland, Oregon,
a perpetual non-exclusive easement in gross to construct, reconstruct, install, use,
operate, inspect, repair, maintain and remove and replace a trail for use by thE~ public
across, along and upon the real property described below and further referred to in this
easement agreement as the "easement area."
The easeme"nt area is located in Jackson County, Oregon and is
described on the attached Exhibit A.
2. Use of surface. Grantors shall have the right to use the easement area for all
purposes not inconsistent with the uses and purposes of the property, provided that
Grantors shall not build or erect any structure upon the easement area without the prior
written consent of City. City agrees to work with Grantor with steps needed to achieve
the efficient and effective operation and trail management, including, but not lirnited to
needed signage, fencing, etc.
3. Prior Encumbrances. This easement is granted subject to all prior easements or
encumbrances of record.
4. Indemnification. To the extent permitted by the Oregon Constitution and the City's
charter, the City shall, within the limits of the Oregon Tort Claims Act, defend and
indemnify Grantors against any liability for damage to life or property arising from the
public's uSE~'ofthe easement under this, agreement. The City shalt not be required to
indemnify (,rantors for any such liability arising out of the wrongful acts of the Grantors
or the employees or agents of the Grantors.
5. MerQer. This easement agreement constitutes the entire agreement between the
parties regarding the subject matter hereof. There are no understandings, agreements,
or representations, oral or written, not specified herein regarding this agreement. No
waiver, consent, modification or change of terms of this easement shall bind either party
unless in writing and signed by both parties. .
. , ,
GRANTORS:
~~~
3"lalW~ ;J~
State of Oregon
County of Jackson
This instrument was acknowledged before me on ,j.Utll~1 1 . . 20~
by imL W~~~wl and ~~ ~~~~tU~
.~.~ J_ -~;~'CIAl SEAL Notary Public for Oregon 0 /. ~/J.
BARBARA M. CHRISTENSEN My Commission expires: ~ /'zT1~S-
J NOTARY PUBUC-OREGON
COMMISSION NO. 346236
I MY. CQ~MI~SION EX~'RES AUG. 24, 2005
2- TRAIL EASEMENT
A:\Trall easement V2 12004..doc
LOT 16, BWCK 2, SlRA lFORD-ON-A VON SUBDMSION
PUBLIC PEDES1RIAN ACCESS EASEMENT
T. 39 S, R. I E, Sec. 16B~ TL 109
A strip of land being 5.00 feet in width and lying 2.50 feet on each side of the following
described centerline:
Commencing at the Southeast comer of the Stratford-on-Avon Subdivision in the City of
MbJand, Jackson County, Oregon, according to the Official Plat thereof as now
recorded; thence North 630 37' 52" West, 299.98 feet to the easterly line of that c~~rtain
parcel descnOed in Document No. 98-05819, Official Records, Jackson County, ()regon,
being the Point of Beginning; thence South 48. 02' 21" West, 3.04 feet; thence South 410
33' 14" West, 20.56 feet; thence South 420 01' 41ft West, 54.06 feet; thence South 47046'
40" West, 27.77 feet; thence South 440 31' 12" West, 21.24 feet to the southwesterly line
of Lot 16, Block 2 of said Stratford-on-Avon Subdivision, being the Point of
Termination.
January 13, 2004
~
REGISTERED
PROFESS.IONAL.
. LAND S~RVEYC)R.
;l ~.~
OREGON :J
. JULY 2&. ,.-0
STUART M. OSMUS .
. 0.2484-
~ /2. I~"
MAP OF
PUBl~IC PEDESTRIAN ACCESS EASEMENT
LOT 16, BLC)CK 2, STRATFORD-ON-AVON SUBDI"VISION
(:1 TY OF ASHLAND, OREGON
FOR
ASHL.AND WOODLAND TRAILS ASSOCIATION
----
PROPERTY UNE
LEGEND
-----
EASEMENT
.....
- - - CENTER OF EASEMENT
OR 98-05819 OFFICIAL RECORDS, JREGON I
JACKSON COUNTY, ~
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- ------
---
SCALE: 1 ,. = 30
DATE: NOVEMBER 22, 2004
LOT 16
POINT OF BEGINNING
>-
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2:
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PETER H. VtEST1GARD, TRUSTEE
BETTY LA DUKE WEST1GARD, TRUSTEE
WES17GARD-LA DUKE WEST1GARD
UVlNG TRUST
OR 98-05819
610 LONG WAY
TAX LOT 109
\
\
\
REGISTEREO
PROFESSIONAL
LAND SURVEYOR
~,
OA.EGON
.JULY 2ei. 1S9!>
sTUART M. OSMUS
No. 24.64-
~ I 31
........
,/
TERRASURVEY, INC.
PROFESSIONAL LAND SURVEYORS
----
BASIS OF BEARING:
274 FOURTH STREET
ASHLAND, OREGON 97520
(54 1) 482-U474
teITatn~tnd.net
pu. T OF STRA TFORD-ON-A VON SUBDIVISION
-----
T 39 S, R 1 E, SEC ft)8A, 7l. 109
MAP OF
PUBLI C PEDESTRI AN ACCESS EASEMENT
LOT 16, BLOCK 2, STRATFORD-ON-AVON SUBDIVISION
CI TY OF ASHLAND, OREGON
FOR
ASHLAND WOODLAND TRAILS ASSOCIATION
-----
EASEMENT
LEGEND
- - - - PROPERTY UNE
. .......-
- - - CENTER OF EASEMENT
OR 98-05819 OFFlClAL RECORDS,
JACKSON COUNTY, OREGON
, SCALE: 1"= 30
DA IE: NO~CMDCR 22, 2004-
J~N<'),4,n.'f (3/ l.oo~-
Lo'r 16
~
PETER H. WESnGARD, TRUSTEE
BEITY LA DUKE WESTIGARD, TRUSTEE
WESnGARD-LA DUKE WESnGARD
UVlNG TRUST
I' -.. - ----- ---
OR 98-05819
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610 LONG WAY
rrAX LOT 109
POINT OF BEGINNING
\
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REGISTERED
"PROFE:SSIONAL .
LAND'SURV.EYOR
A--^, - G-
. OREGON
~ULY 2&. 1~
sTuART M. OSMUS
No. 2484-
&;fJt......-J'L I
BASIS OF BEARING:
TERRASURV"EY, INC.
PROFESSIONAL LAN[) SURVEYORS
274 FOURTIf STllEET
ASHLAND. OREGON 97520
(541) 482~474
terra1n~lnd.net
PLA T OF STRA TFORD-ON-A VON SUBDIVISION
--------
T 39 S. - R 1 E, SEC 16BA. Tt 109
Name of Transaction:
Public Trail Easement
G ra ntors:
Oscar V. and Gail K. Johnsc)n
Return Document to:
Barbara Christensen, City Recorder,
20 East Main, Ashland, OR 9'7520
$1.00and"other good and valuable
consideration
True and Actual Consideration:
EASEMENT FOR PUBLIC TRAil PURPOSES
Recitals:
A. Grantors are the owners of certain real property strategically located to provide a
valuable addition to the public trail system within and immediately around the City of
Ashland ("City").
B. The Ashland Woodlands and Trails Association ("AWTA"), working coopenatively with.
the City and the Ashland Parks and Recreation Commission ("Commission")-to acquire,
preserve and improve the public trail system, has determined that a trail through the
below described property will provide a vital link in this system.
C. AWT A has negotiated, for the benefit of the City and Commission, an agreement with
Grantors to add the below described property to the publictrail system as set forth in
this easement.
Grantors and City agree:
1. Grant of easement. The above-named Grantors grant to the City of Ashland, Oregon,
a perpetual non-exclusive easement in gross to construct, reconstruct, install, use,
operate; inspect,. repair, maintain and remove and replace a trail for use by, the public
across, along and upon the real property described below and further referred to in this
easement agreement as the "easement area."
The easement area is located in Jackson County, Oregon and is
described on the attached Exhibit A.
2. Use of surface. Grantors shall have the right to use the easement area for all
purposes not inconsistent with the uses and purposes of the property, provided that
Grantors shall not build or erect any structure upon the easement area without the prior
written consent of City. City agrees to work with Grantor with steps needed to achieve
the efficient and effective operation and trail management, including, but not Ilimited to
needed signage, fencing, etc.
3. Prior Encumbrances. This easement is granted subject to all prior easements or
encumbrances of record.
4. Indemnification. To the extent permitted by the Oregon Constitution and the City's
charter, the City shall, within the limits of the Oregon Tort Claims Act, defend and
inder:nnify Grantors against any liability for damage to life or property arising from the
public's use of the easement under this agreement. The City shall not be required to
indemnify Girantors for any such liability arising out of the wrongful acts of the Grantors
or the employees or agents of the Grantors.
5. Merqer. This easement agreement constitutes the entire agreement between the
parties regarding the subject matter hereof. There are no understandings, agreements,
or representations, oral or written, not specified herein regarding this agreement. No
waiver, consent, modification or change of terms of this easement shall bind either party
unless in writing and signed by both parties. . .
State of Ore!~on
County of Jackson
This ins~rument was acknowtedged before me on c)4-II{j1J..~. 10
bY~~ and O~Je-Iu..~ .
.&. L~ . t!4:z .
~~ ~
Notary Public for Oregon 6/1
My Commission expires: ~~s-:
s-
, 20<X!,
"
"
II . OFFICIAL SEAl
~! . . BARBARA M. CHRISTENSEN
I',: \ NOTARY PUBLlC-OREGON
;, COMMISSION NO. 346236 I
~t My' COMMISSlqN. EXPIR.ES AUG. 24, 2005
2- TRAIL EASEMENT
A:\Trail easement V212004.doc
MAP OF
PUBLIC PEDESTRIAN ACCESS EASEMENT
LOT 7 & LOT 9, BLOCK 1, STRATFORD-aN-AVON SUBDIVISION
CITY OF ASHLAND, OREGON
FOR
ASHLAND WOODLAND TRAILS ASSOCIATIO~
.~
/ LEGEND
---.---
PROPERTY UNE
-----
EASEMENT
~T7
- - - CENTER OF EASEMENT
OR 75-15471 OFFIOAL RECORDS,
JACKSON COUNTY, OREGON
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GAIL K. JOHNSON
OSCAR \/, JOHNSON
OR 75-15471
611 LONG WAY
-rAX LOT 118
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TERRASURVEY, INC.
PROFESSIONAL LAND SURVEYORS
274 FOURTH STREET
ASHLAND, OREGON 97520
(54 J) 482-6474
teITaln~lnd.net
POINT OF BEGINNING
BASIS OF BEARING:
PLA T OF STRA TFORD-ON-A VON SUBDI\'1S1ON
---
T J9 S, R 1 E, SEC 'BBA, n. 118
SCALE: 1-= 30
DA TE: JANUARY 1" 2005
>-
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~r "I .
REGISTERED ,
. PROFESSIONAL I
LAND SURVEYO!!.~
A- ^.~ .
[;OREGON
,JULY 2~. '\ g,go
.. STUART M. OSMUS I
No. 2464 .. -#
~~4-::1r..7~/~ '
EXHIBIT A
611 LONG WAY
LOTS 7 AND 9, BLOCK 1, SmA 1FORD-oN-A VON SUBDIVISION
PUBLIC PEDES1R1AN ACCESS EASEMENT
T. 39 S, R. J E, Sec. 16BA, TL 118
~ strip of land being 5.00 feet in width and lying 2.50 feet on each side of the following
described centerline:
Commencing at the Southeast comer of the Stratford-on-Avon Subdivision in the City of
As~, Jackson County, Orego~ according to the OfficialPlat thereof as now
recorded; thence North 84-44'20" West, 469.88 feet to the southeasterly line of Lot 9,
Block 1 of said subdivisio~ being the Point of Beginning; thence North 36-08'36" West,
3.90 feet; thence North 48-21 '59" West, 31.45 feet; thence North 57-38'37" West, 66.72
feet; thence North 530 07' 49" West, 54.96 feet to the westerly line of the tract described
in Docwnent No. 75-15471, Official Records, Jackson County, Orego~ being the Point
of T ermimtion.
January 12, 2005
. . ~.
REGISTEAED )
PROFESSIONAL;
LAND SURVEYOR III
. ...~
A- ~..&-
'0 REG Q N ~
JULY 2&. 19j}O to
STUART M. OSMUS J
t.J~t:IIII24f4, ~
~Ir~l:. iL7;' 7 n i.
CITY OF
ASHLAJ\TD
Council Communication
An Appeal of Planning Action 2005-00328 - Request for a Conditional Use
Permit to use one of the residential condominiums in a mixed-use building for
one hotel/motel unit for the property located 'at 180 Lithia Way.
Meetiiig Date:
Department:
Approval:
August 16, 200~
Planning
Gino Grimaldi <'
Primary Staff Contacts: Bill Molnar, 552-2042J;. tv< .
molnarb@ashland.or.us ~'
'Maria Harris, 552-2045, harrism@ashland.or.us ~,
Secondary Staff Contact: Mike Reede:r, r'
552-2090, reederm@ashland.or.us "-'\. ~ f--.
Time Estimate: 1 hour
Statement:
The Council voted at the July 19, 2005 meeting to appeal the Hearings Board's decision of
Planning Action 2005-00328 at the request of the appellant of the Type I approval, Colin Swales.
The item is time sensitive because the 120-day limit expires on August 18,2005. The current
time line would require the hearing completed and a decision made at the August 16~, 2005
meeting. If the Council chooses to deny the application at the August 16, 2005 meeting, staff
will have prepared Findings available for immediate approval and signing. This will allow staff
to then mail the signed Findings to all parties on August 17,2005, thereby meeting the 120-day
requirement. If Council chooses to grant the application at the August 17, 2005 meeting, the
120-day rule, although still technically applicable, looses its urgency and findings may be
"- ". .drafted, adopted, signed and mailed at a later meeting. The applicant likely will agff:e:to__an:
extension of the 120-day if the application is approved. .
Background:
On February 23,2005, the applicant filed the request for the above referenced planning action.
On April 20, 2005, the application was deemed complete by staff. The application Vias
administratively approved and a 'public notice was sent on April 21, 2005. A request for a public
hearing was received on May 2,2005. The application was rescheduled and noticed for a public
hearing at the June 14, 2005 Hearings Board meeting. The Hearings Board approved the
application at the June 14, 2005 meeting, and the findings were reviewed and approved at the
July 12, 2005 Hearings Board meeting.
The 120-day limit expires on August 18,2005. The applicant would have to agree to grant
additional time if a decision is not made at the August 16, 2005 meeting. The Coun(~il voted at
1
r.,
- - . - - - ~ .. . - .'. . -,. .. -. .~
CITY OF
ASHLAND
the July 19, 2005 meeting to appeal the Hearings Board's decision of Planning Action 2005-
00328 at the request of the appellant of the Type I approval, Colin Swales.
The application requires a Conditional Use Pennit to use one of the residential condominiums in
a mixed-use building for a hotel/motel unit. The issues raised by the appellant and discussed by
the Hearings Board at the June 14, 2005 public hearing involved the definitions of a hotel and
motel and the required number of off-street parking spaces for a hotel/motel. The Hearings
Board detennined the proposed unit is consistent with the definition of a motel given that it
includes cooking facilities and a separate entrance connected to a stairway that exits out of the
building. In addition, the Hearings Board found that the proposed hotel/motel unit requires a
total..of two off-street parking spaces with one space required for the guest room and one space
for the owner or manager.
A hotel is defined in 18.08.320 as "A building in which lodging is provided to guests for
compensation and in which no provisions are made for cooking in the lodging rooms." The
appellant argued that since the proposed guest unit includes a kitchen that it could not be
considered a. hotel unit. The Hearings Board did not make findings concerning this application
meeting the definition for a "hotel," based on the assumption that the proposed guest unit could
not be considered a hotel unit since it includes a kitchen with cooking facilities.
A motel is d~~fined in 18.08.510 as "A building or group of buildings on the same lot containing
guest units for rental to transients, with separate entrances directly exterior and consisting of
individual sleeping quarters, detached or in connected rows, with or without cooking facilities. "
The appellant argued that the proposed guest unit could not be cbnsidered a motel unit because it
is not in a de:tached configuration or connected in rows. The Hearings Board detennined the
proposed unit is consistent with the definition of a motel given that it includes cooking facilities
and a separate entrance connected to a stairway that exists out of the building.
Legal staffhas detennined that the definition of a motel is a threshold issue of
interpretation for the Council, and has provided the following infonnation as guidance for
the interpretation. If the proposed use of the unit does not fit the definition of a motel (or
hotel), then the application for a Conditional Use pennit fails. If the Council interprets
the d~~finition of a motel to include this proposed unit, then the Council must also apply
the Conditional Use Pennit criteria to detennine whether or not the application meets the
CUP standards.
The first issue of interpretation of 18.08.510, "Motel" is whether the exterior entrance to
the stairwell that reaches the third floor unit is a "separate entrance directly exterior."
Since:: the exterior door leads directly to a stairwell rather than a lodging room, the
Council must decide whether this application meets the definition of a motel. For
exam.ple, does the fact that the exterior door, which, leads to a stairwell that can access
other parts of the building, including the second condominium unit mean that the
proposed unit cannot be defined as a motel? In other words, must the separate entrance
that is directly exterior mean that the door must lead directly to the proposed guest unit?
2
r.,
CI T Y 0 F
ASHLJ\ND
The second issue of interpretation is whether 18.08.510, "Motel" requires thc;~ individual
sleeping quarters to be detached or in connected rows. In this case, the proposed guest
unit including the sleeping quarters and kitchen is contained within a mixed use building.
The question is whether a guest unit located within a mixed-use building containing other
uses meets the definition of a detached individual sleeping quarter. However, the
ambiguity of the definition including the confusing wording and sentence structure could
lead to a variety of questions.
Finally, the required off-street parking for hotels and motels is addressed under the residential
uses in Chapter 18.92 as follows: "Hotels and motels. One space for each guest room, plus one
spacefor the owner or manager (18.92.020.A.4)." The appellant argued that one parking space
should be required for each bedroom in the proposed guest unit. The Hearings Board considered
the proposed unit to be one guest room, based on the unit as a whole, requiring one off-street
parking space consistent with past planning approvals. The Hearings Board recognized that in
the past required parking for hotels/motels has been calculated based upon one parking space per
guest accommodation available for compensation.
Council Options:
The Council may approve, approve with modifications and conditions, or deny the application.
Staff Recommendation:
The Hearings Board approved the Conditional Use Pennit by a unanimous vote. Staff supports
the decision of the Hearings Board as stated in the findings. The Council may wish to attach
other conditions that they deem relevant to the criteria for approval.
Potential Motions:
Move to approve the application for a Conditional Use permit in P A 2005-00328 with five
attached conditions as approved by the Hearings Board on June 14,2005.
Move to approve the application as submitted.t
Move to deny the application as submitted.
Attachments:
None
3
r... .,
CITY OF
ASHLAND
Council Communication
An Appeal of Planning Action 2005-00328 - Request for a Conditional Use
Permit to use one of the residential condominiums in a mixed-use building fOr
one hotel/motel unit for the property located at 180 Lithia Way..
Meeting Date:
Department:
Approval:
August 16, 200~
Planning
Gino Grimaldi <'
Primary Staff Contacts: Bill Molnar, 552-2042.J;. f'.A .
molnarb@ashland.or.us ~'
Maria Harris, 552-2045, harrism@ashland.or.us ~,
Secondary Staff Contact: Mike Reeder, ,- ,
552-2090, reedenn@ashland.or.us ~~,vt (<-
Time Estimate: 1 hour
Statement:
The Council voted at the July 19,2005 meeting to appeal the Hearings Board's decision of
Planning Action 2005-00328 at the request of the appellant of the Type I approval, Colin Swales.
The item is time sensitive because the 120-day limit expires on August 18,2005. The current
time line would require the hearing completed and a decision made at the August 16, 2005
meeting. If the Council chooses to deny the application at the August 16, 2005 mee:ting, staff
will have prepared Findings available for immediate approval and signing. This wiJlI allow staff
to then mail the signed Findings to all parties on August 17,2005, thereby meeting the 120-day
requirement. If Council chooses to grant the application at the August 17, 2005 me~~ting, the
120-day rule, although still technically applicable, looses its urgency and findings nlay be
drafted, adopted, signed and mailed at a later meeting. The applicant likely will agree to an
extension of the 120-day if the application is approved.
Background:
On February 23,2005, the applicant filed the request for the above referenced plat111~ng action.
On April 20, 2005, the application was deemed complete by staff The application \vas
administratively approved and a public notice was sent on April 21, 2005. A request for a public
hearing was received on May 2, 2005. The application was rescheduled and noticed for a public
hearing at the June 14, 2005 Hearings Board meeting. The Hearings Board approved the
application at the June 14, 2005 meeting, and the findings were reviewed and approved at the
July 12, 2005 Hearings Board meeting.
The 120-day limit expires on August 18,2005. The applicant would have to agree to grant
additional time if a decision is not made at the August 16, 2005 meeting. The Council voted at
1
11r~ 11
Ir_~
CITY OF
ASHLAND
the July 19, 2005 meeting to appeal the Hearings Board's decision of Planning Action 200~-
00328 at the request of the appellant of the Type I approval, Colin Swales.
The application requires a Conditional Use Pennit to use one of the residential condominiums in
a mixed-use building for a hotel/motel unit. The issues raised by the appellant and discussed by
the Hearings Board at the June 14, 2005 public hearing involved the definitions of a hotel and
motel and thle required number of off-street parking spaces for a hotel/motel. The Hearings
Board detennined the proposed unit is consistent with the definition of a motel given that it
includes coo~jng facilities and a separate entrance connected to a stairway that exits out of the
building. In addition, the Hearings Board found that the proposed hotel/motel unit requires a
total of two off-street parking spaces with one space required for the guest room and one space
for the owner or manager.
A hotel is defined in 18.08.320 as "A building in which lodging is provided to guests for
compensation and in which no provisions are made for cooking in the lodging rooms." The
appellant argued that since the proposed guest unit includes a kitchen that it could not be
considered a hotel unit. The Hearings Board did not make findings concerning this application
meeting the definition for a "hotel," based on the assumption that the proposed guest unit could
not be consid(~ed a hotel unit since it includes a kitchen with cooking facilities.
A motel is defined in 18.08.510 as "A building or group of buildings on the same lot containing
guest units for rental to transients, with separate entrances directly exterior and consisting of
individual sleeping quarters, detached or in connected rows, with or without cooking facilities. "
The appellant argued that the proposed guest unit could not be considered a motel unit because it
is not in a detached configuration or connected in rows. The Hearings Board detennined the
proposed unit is consistent with the definition of a motel given that it includes cooking facilities
and a separate entrance connected to a stairway that exists out of the building.
Legal staff has detennined that the definition of a motel is a threshold issue of
interpr,etation for the Council, and has provided the following infonnation as guidance for
the int(~retation. If the proposed use of the unit does not fit the definition of a motel (or
hotel), then the application for a Conditional Use pennit fails. If the Council interprets
the definition of a motel to include this proposed unit, then the Council must also apply
the Conditional Use Pennit criteria to detennine whether or not the application meets the
CUP standards.
The first issue of interpretation of 18.08.510, "Motel" is whether the exterior entrance to
the stairwell that reaches the third floor unit is a "separate entrance directly exterior."
Since the exterior door leads directly to a stairwell rather than a lodging room, the
Council must decide whether this application meets the definition of a motel. For
example, does the fact that the exterior door, which, leads to a stairwell that can access
other parts of the building, including the second condominium unit mean that the
proposed unit cannot be defined as a motel? In other words, must the separate entrance
that is directly exterior mean that the door must lead directly to the proposed guest unit?
2
r~'
C .1 T Y 0 F
ASH Lil\N D
The second issue of interpretation is whether 18.08.510, "Motel" requires the individual
sleeping quarters to be detached or in connected rows. In this case, the proposed guest
unit including the sleeping quarters and kitchen is contained within a mixed use building.
The question is whether a guest unit located within a mixed-use building containing other
uses meets the definition of a detached individual sleeping quarter. However, the
ambiguity of the definition including the confusing wording and sentence structure could
lead to a variety of questions.
Finally, the required off-street parking for hotels and motels is addressed under the residential
uses in Chapter 18.92 as follows: "Hotels and motels. One space for each guest room, plus one
space for the owner or manager (18.92.020.A.4)." The appellant argued that one parking space
should be required for each bedroom in the proposed guest unit. The Hearings Board considered
the proposed unit to be one guest room, based on the unit as a whole, requiring one off-street
parking space consistent with past planning approvals. The Hearings Board recognized that in
the past required parking for hotels/motels has been calculated based upon one parking space per
guest accommodation available for compensation.
Council Options:
The Council may approve, approve with modifications and conditions, or deny the a.pplication.
Staff Recommendation:
The Hearings Board approved the Conditional Use Permit by a unanimous vote. Staff supports
the decision of the Hearings Board as stated in the findings. The Council may wish to attach
other conditions that they deem relevant to the criteria for approval.
Potential Motions:
Move to approve the application for a Conditional Use Permit in P A 2005-00328 with five
attached conditions as approved by the Hearings Board on June 14, 2005.
Move to approve the application as submitted.
Move to deny the application as submitted.
Attachments:
None
3
r.,
CITY OF
ASHLAND
RECORD FOR PLANNING ACTION 2005-00328
SUBJECT PROPERTY: 180 LITHIA WAY
OWNER/APPLICANT: Harold Dresner
DESCRIPTION: REQUEST FOR A CONDITIONAL USE PERMIT TO USE ONE OF
THE RESIDENTIAL CONDOMINIUMS IN A MIXED-USE BUILDING F()R ONE
HOTEUMOTEL UNIT FOR THE PROPERTY LOCATED AT 180 LITHIA WAY.
COMPREHENSIVE PLAN DESIGNATION: COMMERCIAL; ZONING: C-1-D;
ASSESSOR'S MAP #: 39 1E 09 BA; TAX LOT: 10700.
Date Item. Paae #
7/26/05 Notice of Public Hearing before Council (8-16-05) & related criterlia 1-2
7/26/05 Mailing list, Affidavit of Mailing, Tidings notice 3-5
7/19/05 City Council Minutes - Request for Council to Consider Citizen
Request to Appeal 6-7
7/19/05 Council Communication regarding Council Consideratoin of CitizE~n 8-9
Request to Appeal
7/14/05 Memo from Mike Reeder, Assist. City Attorney regarding Plannin!~
Commission Conflict of Interest, Hearings Board & Planning
Commission Hearings Procedures 1 0-14
7/19/05 Planning Commission Findings and Orders 15-20
7/14/05 Planning Department Staff Report 21-25
Project Site, Floor Plan & Elevations 26-34
7/14/05 Planning Commission Hearings Board Minutes 35-36
6/10/05 Historic Commission Minutes 37
6/25/05 Notice of Public Hearing before Planning Commission Hearings
Board (6/14/05) and related criteria 38-39
6/15/05 Mailing list and Affidavit of Mailing 40-41
6/8/05 E-mail from Colin Swales to Amy Anderson regarding reasons to
deny CUP for PA2005-00328 42-43
5/2/05 Letter from Colin Swales requesting a public hearing 44
4/7/05 Applicant's findings 45-53
4/20/05 Notice of Public Meeting before Planning Commission Hearings
Board (5/10/05) and related criteria 54-55
4/21/05 Affidavit of Mailing & Meeting Notice for publication 56-57
2/23/05 Application for Conditional Use Permit 58-62
r.,
Planning Department, 51WiO Way, Ashland, Oregon 97520 (-)
541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900
CITY OF
ASHLAND
PLANNING ACTIO~N: #2005-00328
SUBJECT PROPERTY: 180 Lithia Way
OWNER/APPLICANT: Harold Dresner
DESCRIPTION: Hequest for a Conditional Use Permit to use one of the residential condominiums in a mixed-use building
for one hotel/motel unit for the property located at 180 Lithia Way. Comprehensive Plan Design: Commercial; Zoning: C-1-
D; Assessor's Map #391E 09 SA; Tax Lot: 10700.
ASHU~ND CITY COUNCIL MEETING: August 16,2005,7:00 PM, Ashland Civic Center
Notice is hereby given that a PUBLIC HEARING on the following request with respect to the ASHLAND LAND USE ORDINANCE will be held before the
ASHLAND CITY COUNCIL o~ meeting date shown above. The meeting will be at the ASHLAND CIVIC CENTER, 1175 East Main Street, Ashland, Oregon.
The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this applica~ion,
either in person or by letter, or faiilure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of
appeal to the Land Use Board of Appeals (LUBA) on that Issue. Failure to specify which ordinance criterion the objection is based on also precludes your right
of appeal to LUBA on that criteriion. Failure of the applicant to. raise constitutional or other issues relating to proposed conditions of approval with sufficient .
specificity to allow this Commisskm to respond to the issue precludes an action for damages in circuit court.-
A copy of the application, all doc:uments and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be
provided at reasonable cost, if rEKJuested. A copy of the Staff Report will be available for inspection seven days prior to the hearing and will be provided at
reasonable cost, if requested. ,All materials are available at the Ashland Planning Department, Community Development and Engineering. Services, 51
Winburn Way, Ashland, Oregon ~17520.
During the Public Hearing, the MCiyor shall allow testimony from the applicant and those in attendance concerning this request. The Mayor shall have the right
to limit the length of testimony and require that comments be restricted to the applicable criteria. Unless there is a continuance, if a participant so requests
before the condusion of the hearing, the record shall remain open for at least seven days after the hearing.
If you have questions or comments concerning this request, please feel free to contact Susan Yates at the Ashland Planning Department, at 541-488-5305.
Our TTY phone Is 1-800-735-2900.
/
Document 1
(',
18'.104.050 Approval Criteria
A conditional use permit shall be granted if the approval authority finds that the proposed use conforms, or can
be made to conform through the imposition of conditions, with the following approval criteria.
A. That the use would be In conformance with all standards within the zoning district in which the use is proposed
to be located, and in conformance with relevant Comprehensive plan policies that are not implemented by any
City, State, or Federal law or program.
B. 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.
C. That the conditional use will have no greater adverse material effect on the livability of the impact area when
compared to the development of the subject lot with the target use of the zone. When evalluating the effect of the
proposed use on the impact area, the following factors of livability of the impact area shall be considered in
relation to the target use of the zone:
1. Similarity in scale, bulk, and coverage.
2. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle" and mass transit use
are considered beneficial regardless of capacity of facilities.
3. Architectural compatibility with the impact area.
4. Air quality, including the generation of dust, odors, or other environmental pollutants.
5. Generation of noise, light, and glare.
6. The development of adjacent properties as envisioned in the Comprehensive Plan.
7. Other factors found to be relevant by the Hearing Authority for review of the proposed use.
~
Document I
PA#2005-328 391E09BA l]l200
116 'C'STREET mc
1510 WOODLAND DRIVE
ASHLAND, OR 97520
p~AJf.2QQ$ 328 391B9984\ H~
ARCHERD &, ~g~mR L];,G
~ 18 ~\LLIS~J ST
~\SHL~1D, OR 97520
RETURNED
Pf..#2Q95 328 391E99BA 8G~
J\R.C1H3RD& D~S~~R LI~
PO BOX 699
~'\SHL~ID, OR 97520
Pf..#2995 328 391E99B~A.. 19800
CITY OF ~'\SHLJ.}JD
29 E t.1.\Dl ST
f..SHL~ID, OR 97520
PA#2005-328 391E09BA 11100
DAVIS SAM B
515 E MAIN ST
ASHLAND, OR 97520
PA#2005-328 391E09BA 10301
KENNEDY KATHERINE M TRUSTEE
ETAL
320 E MAIN ST
ASHLAND, OR 97520
P..A..~QQ5 328 391E991t\ 99(~
STRELUL\N RlCIL\R.D At TRUSTEE
319 t.tORT<>>J ST
f..SHL\}ID, OR 97529
PA#2005-328 391E09BA 90001
WOODS MARVIN E
695 TERRACE ST
ASHLAND, OR 97520
RETURNED 617/05
P A#2005-328
L.J. FRIAR AND ASSOCIATES
816 WEST EIGHTH STREET
MEDFORD, OR 97501
HAROLD DRESNER
1515 TYLER CREEK ROAD
ASHLAND OR 97520
PA#200S-328 391E09BA 11101
141 LITHIA WAYLLC
POBOX 1018
ASHLAND, OR 97520
PA#2995 328 ~91EQ9B~A.. 11691
ARCHBRD &, DRES}mR LLC
118 ~\LLlg~J ST
.tA..SHL..~JD, OR 97529
PA#2005-328 391E09BD 3900
ASHLAND LODGE #944/B P 0 E
POBOX 569
ASHLAND, OR 97520
P..\#2Q95 328 391E99B4~" 11599
CITY OF ASHL~JD
CITY R:\LL
..\SIILMJD, OR 97520
PA#2005-328 391E09BA 10500
GARLAND GERALD G TRUSTEE
921 MOUNTAIN MEADOWS CIR
ASHLAND, OR 97520
PA#2005-328 391E09BA 10600
KEY BANK OF OREGON
PO BOX 560807
DALLAS, TX 73556
PA#2005-328 391E09BA 10900
TEITELBAUM ALBERT TRUSTEE
196 WINDEMAR PL
ASHLAND, OR 97520
PA#2005-328 391E09BA 10400
YAMAOKA RONALD/CARRIE
2422 33RD AVE
SAN FRANCISCO, CA 94116
P A#2005-328
SWALES COLIN
1282 OLD WILLOW LANE
ASHLAND, OR 97520
Mailing list for Council Hearing
Date of Hearing 8/16/05
Mailed notice 7/26/05 sy
3
PA#2005-328 391E09BA 11000
145 MAIN STREET LLC
24 CROCKER ST
ASHLAND, OR 97520
P~\#29Q5 328 391E99B..A.. 89991
4\R-CHERD &, DRES~mR LLC
PO BOX 699
.~..SHL..~ID, OR 97520
PA#2005-328 391E09BA 10300
BROWN ERIK/NORTH JAMIE
15 N FIRST ST
ASHLAND, OR 97520
PA#2005-328 391E09BD 4500
CRATER NATL BANK OF MEDFORD
PO BOX 7788
NEWPORT BEACH, CA 92658
P A#2005-328 391 E09BA 11201
HAMMOND FAMILY LLC
125 E MAIN ST
ASHLAND, OR 97520
PA#2005-328 391E09BA 90002
STRELLMAN DENNIS P
340 MORTON ST
ASHLAND, OR 97520
P..A..#2995 328 391E998A 9900
~RTED ST..\TBS POST4'\L SERV
8955 E TIWTS ..\ VB 199
DB}I\'BR, CO 89237
RETURNED
P A#2005-328
WHITE JEROME ARCHITECTURE
545 A STREET SUITE #3
ASHLAND, OR 97520
P A#2005-328
EVAN ARCHERD
550 EAST MAIN STREET
ASHLAND OR 97520
AFFIDAVIT OF MAILING
STATE OF OREGON )
County of Jackson
The undersigned being first duly sworn states that:
1. I am employed by the City of Ashland, 20 East Main Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On Julv 26, 2005, I caused to be mailed, by regular mail, in a sealed
envelope with postage fully prepaid, a copy of the attached Council Appeal Notice
to each person listed on the attached mailing list at such addresses as'set forth on
this list under each person's name for Planning Action # 2005-00328.
"7 /
/ ,'./ ", "I ,-~..--
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?c.-- '.,", "." / ~ _
I /' I' ", l_ --=
Signature of 6tnployee
v
SIGNED AND SWORN TO before me this
I 5<1 day of Ad!} Y.. S+. 2005.
. CARO~~~'~C~~~~5ENER
NOTARY PU8L.IC-OREGON
COMMfSS10N NO, 390825
MY COMMISSION EXPIRES MAR '20, 2009
~~~,) ~4~~'1dt'71pV ·
Notaryi/ ubllc for State of Oregon .
My Commission Expires: ~. t::?t?- 0 '1
'-I
A TTN: J~DDY.CLASSIFIED
PUBLISHIIN LEGAL ADVERTISING
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that a Public Hearing on the following items with respect to
the Ashland Land Use Ordinance will be held before the Ashland City Council on August
16, 2005 at 7:00 p.m. at the Ashland Civic Center, 1175 East Main Street, Ashland,
Oregon. At such public hearing any person is entitled to be heard, unless the public
hearing portion of the review has been closed during a previous meeting.
. Request for a Conditional Use Permit to use one of the residential Condominiums in a mixed-use building for one
hotel/motel unit for the property located at 180 Lithia Way.
In compliance with the Americans with Disabilities Act, if you need special assistance to partidpate in this meeting, please
contact the City Administrator's office at (541) 488-6002 (TrY phone number 1-800-735-2900). Notification 72 hours
prior to the meeting will enable the dty to make reasonable arrangements to ensure accessibility to the meeting (28 CFR
35.102-35.10'~ ADA Title I).
Barbara Christensen
City Recorder
Publish: 8/2/05
P. O. No. E55500
E-mailed: 7/27/05
s
~. City of AsWand, Oregon - Agendas And Minutes
! ". Page 7 of9
7 11/ c~
Given the situation, Staff recommended that the City postpone the electric rate increase and leave the rates at
their cUlTent level until the BPA informs the City of the CRAC levels for October 2005. Once the City has
been given this information, Staff will return to council with an appropriate electric rate increase. Mr.
Wanderschied noted the Council's two options, which are outlined in the memo, and stated that the main
disadvantage to having no increase, is that it will affect the General Fund by roughly $90,000. He again stated
that Staff believed it would be most appropriate to leave rates as they are until more information from BPA is
received. .
Finance Director Lee Tuneberg stated that he supports postponing the rate increase at this time and waiting for
more infonnation. He stated that it may not have end up having an impact on the budget, but would like to
have the opportunity to come back later in the year and proposed a rate increase if they see a change in the
costs.
~ . .C 0 . agreed to Staff s recommendation to hold off on the rate increas. e and to bring this issU(~ back to the
ounc in the fall.
3. uncil Consideration of Citizen Request for Council to caU up Planning Action no. 2005-00328 on
ppeaI.
City Attorney Mike Franell presented the Staff Memo and stated that this was before the council upon request
from a citizen. He explained that the Council could only call up an action within 15 days of the fmdings being
adopted and mailed, and stated that if the Council wished to take action they would need to do so tonight.
Mr. Franell provided an explanation of the issues raised by Mr. Swales, one of which being whe:ther
Commissioner KenCairn had an actual conflict of interest in Planning Action 2005-00328. Mr. Franell stated
that KenCaim did declare a potential conflict of interest at the hearing. He noted Ms. Kencairn served as the
Landscape Architect when the initial building was constructed, but that this portion of the landseape was
installed over a year ago and the Legal Staff did not fe~l that this created a direct conflict of interest.
Mr. Franell noted that concern has been raised regarding KenCairn's contractual relationship with Archerd &
Dresner and whether or not this presented an actual conflict of interest given that they list her as a team
member on their website. Mr. Franell stated that Legal did not fmd that this was an actual conflict, and
explained that it would only have be an actual conflict if she were the Landscape Architect on the application
being presented to the commission. Mr. Franell clarified that in these situations, the potential conflict needs to
be declared at the hearing, but if no one challenges her ability to make an unbiased decision, that defect is
waived. In this instance, there was no challenge to her ability to make an unbiased decision.
Councilor HartzeWAmarotico mls to extend meeting until 10:30 p.m. Voice Vote: aU AYES. Motion
passed.
Mr. Franellnoted the interpretation regarding the definition of a motel. He stated that the Hearings Board
decided that the application met the definition of a motel, however it was an interpretation and the council does
have the option to call this issue up due to the policy implications.
Mr. Franell clarified that a citizen has the right to request that a hearing be moved from the Hearings Board to
the Planning Commission, but Staff is not required to accommodate their request. In this instan(:e, Staff
. reviewed the potential implications anddetennined that given the work load that the planning commission had,
they did not feel they could move this to the Planning Commission.
Colin Swales/461 Allison Street/Stated the conflict of issues is just one part and noted the importance for the
Hearings Boards process to be fair and equitable. Mr. Swales noted a memo from Planning Department
employee, indicating that it is common practice for commissioners to fill in for one another on the Hearings
Board. He stated that the powers & duties of the Hearings Board do not allow them to hear a CUP application
on a new commercial building, and stated that half of this building was still unbuilt and stated that the Hearings
Board should not have heard this application in the flTSt place. He added that the interpretation that a new
condo could be turned into a motel with a conditional use pennit had huge policy issues and ramifications.
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.. City of Ashland, Oregon - Agendas And Minutes
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Kerry Kencairnl]l47 Central Avenue/Stated that she was at the Hearings Board because she felt she was
clean. She comme:nted on the value of having planning commissioners that understand planning issues, and
stated that the reason she is on the Planning Commission is because she cares about this community and has
an understanding of how projects are built and the ramifications of decisions. She noted the amount of support
she has received from the community, and stated that there are only two citizens who wish her to step down.
Ms. KenCaim statc~d that her volunteer position on the Planning Commission was a hard job and stated that she
does not make more money because she is on the Planning Commission; she actually loses work because of it.
Stated that she did state her potential conflict for that planning action, and stated that she has and will continue
to be clean in her process.
Mike Morris/720 S Mountain/Spoke in support of Kerry Kencairn and cited instances where Mr. Swales has
been wrong.
Art BuUock/791 (aendower/Stated that the process being followed does not follow the law, and quoted a
State statute regarding this, which states that the conflict must be declared in writing, it must sent to the
appointing authority, which in this situation is the Mayor and the Council, it requires that the written document
explain the conflict, and the appointing authority resolves the conflict.
Eric Navickas/711 Faith Street/Stated the Council has an obligation to stop this process and to challenge
what Ms. KenCairrl has done. He encouraged the council to reinforce what Mr. Swales has brought forward.
Gary Turner/l08 N Second Street/Stated th~t the issue with the hotel was a matter of interpretation, but both
staff and the hearings board agreed that it qualified as a motel. Noted that the commissioner in question had
already offered her explanation and stated that given the record it would be right for the council to exercise
their discretion to take this matter up, but should let the citizen do so.
RandaU Hopkins/Statement was submitted into the record and read aloud by the City Recorder.
Councilor HardE~stylHartzell m/s that the Council call up P A 2005-00328 on appeal.
DISCUSSION:
Mr. Reeder clarified that currently the city code does not have any criteria for how an action gets
placed before the !Iearings Board rather than the Planning Commission, other than the limitations that
are imposed on the Hearings Board in the code. He stated that the Hearings Board did have the
auhority to hear the Planning Action in question. He added that currently, it is the discretion of the
Planning Staff whether to move the action before the full commission. Mr. Franell stated that there
are many gray areas in our code and interpretations get made all the time. He stated that just because
there is an interpretation made, doesn't mean it rises to the level of establishing policy. He noted that
the council is not 1bound by the the interpretations made by staff or the commission. If the council
sees something that they feel does not meet the intent of the Compo Plan or the code, than it is
incumbet upon th(ml to make a change.
Voice Vote: COIDlcilor Harzell, Silbiger, Jackson, Hardesty, and Chapman, YES; Amarotico,
NO. Motion pass'ed 5-1.
Councilor ChapJ]l1an/Hartzell mls to ask Legal to look at the items presented to the council
regarding Mt. Ashland Expansion and see what their options are for looking at the lease.
Voice Vote: all A.YES.
Councilor HartzE:WHardesty mls to continue this meeting to tomorrow's Study Session. Voice
Vote all AYES. l\'[otion passed.
ORDINANCES, JRESOLUTIONS AND CON~RACTS
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8/8/2005
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ASHLA~ND
Council Comm'unication
C~uncil Consideration of ",Citizen Request for Council to call up Planning
Action no. 2005-00328 on Appeal
Meeting Date: July 19, 2005 Primary, Staff Contact: Michael Fr~, '
Department: Finance 552-2105 franellm@-ashland.or.us nell, 1", '
Contributing Depts: 'Legal Department Secondary Staff Contact: Nt A
Approval: Gino Grimaldi H ').
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Statement:
This is a Citizen request that the Council consider calling Planning Action 2005-00328 up on
appeal because of important interpretation issues and because of issues around an alleged
conflict of interest on the part of a member of the Planning Hearings Bo~d that heard this action.
Background:
Citizen Colin Swales has raised a. question regarding a decision on Planning Action 2005-00328
per the attached memo. The specific interpretation issues that he feels the Council should
consider revolve around what constitutes a Hotel. The Jasmine Building was cons1ructed with a
commercial component on the ground floor and two residential units above. The applicant
applied for a conditional use pennit to allow use of one of the units for overnight n~ntal. The
property is zoned C-l. A hotel is a conditional use in the C-l zone. To allow the use of the
residential unit for overnight rental, it must receive approval as a hotel. The Pla.nn1.ng Hearings
Board detennined that it met the definition for hotel and granted the conditional us~~ pennit.
In regard to the conflict of interest question, Hearing Board member Kerry KenCaim on a
regular basis teams with Evan Archerd to serve as the landscape aJ:cbitepl()n development
projects. The building is owned by Archerd & Dresner, LLC. Additionally, Cotnnlissioner
KenCairn did the landscaping plan on the itiitial construction of the Jasmine building. She
declared a potential conflict of interest at the hearing board consideration of the conditional use
pennit, was not challenged on participating and participated in making the decision.. Consistent
with past planning commission practice, she did not declare the potential conflict of interest at
the 'meeting in which the findings were adopted. For more infonnation, see the attached
memorandum ftom the legal department.
Related City Policies
Comply with state law' relating to public official conduct.
Council Options:
The Council may decline to call the matter up on appeal, in which case, if Mr. Swales feels the
issues are important enough, he could appeal the issue to the Council. If no appeal were filed,
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the Hearing Boar&deciU would becornethe final decision 15 Os following adoption of the
findings.
The Council could choose to call the matter up on appeal, in which case a de novo public hearing
. would be scheduled before the Council on the application.
Staff Recommendation:
Staff reconunends the Council not call the issue up on the conflict of interest allegation based
"'.'.';', upon the reasoning included in the memorandum from Mike Reeder, Assistant CityAtto~y.
Staff does not have a recommendation as to whether the interpretation of the definition of Hotel
presents significant enough issues to warrant calling the matter up on appeal.
Potential l\fotions:
Council moves to appeal the decision made in Planning Action 2005-00328.
(Note: If the' Council does not take any action on this matter, Mr. Swales would still have the
opportunity to appeal the decision of the Hearings Board. If he did not appeal, the decision of
thel/earings Board will be the final decision.)
Attachments:
Memo Dated July 14, 2005 to Mayor and Council from Legal Department
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CITY Of
AS Jf-I LAN D
Memo.
DATE:
TO:
FROM:
RE:
July 14, 2005
Mayor and City Council
Mike Reeder, Assistant City Attorney /v\ M..1<-
Planning Commission Conflicts of Interest and Hearings Board and PI~mning
Commission Hearings Procedures
The purpose of this memorandum is to provide the Mayor and the City Council with a. fonnal response
to the issues raised in the July 13, 2005, email to the Mayor and City Council from Colin Swales.
I. Does Commissioner KenCaim have an Actual Conflict of Interest in Plannin!! Action 2005-
00328 (180 Lithia Wav)?
a. GSPC Standards for Planning Commissioners:
The Government Standards and Practices statutes are found in ORS chapter 244. These statutes
constitute Oregon's code of ethics for public officials. Specifically, these statutes define conflicts of
. interest. There are two types of conflicts of interest: actual and potential.
ORS 244.020(1) defines an "actual conflict of interest" as:
Any action or any decision or recommendation by a person acting in a capacity a~; a public official,
the effect of which would be to the private pecuniary benefit or detriment of the pierson or the
person's relative or any business with which the person or a relative of the persoll is associated
unless the pecuniary benefit or detriment arises out of circumstances described in. subsection (14)
["Potential conflicts of interest"l) of this section. (Emphasis:added){
In other words, an actual conflict arises when it is reasonably certain that an official's actions will have a
financial impact on that official or the official's relative or business.
ORS 244.020(3) defines "business with which the person is associated" as:
Any private business or closely held corporation of which the person or the persoll's relative is a
director, officer, owner or employee, or agent...
ORS 244.020(14) defines a ''potential conflict of interest" as:
I This exclusion is refening to the "class exemptions" found in ORS 244.020(14)(a)-(c).
CITY OF ASHLAND
Legal Department
20 East Main Street
'.Ashland, OR 97520
www.ashland.or.us
Tel: 541-488-5350 Michael W. Franell, City Attorney
Fax: 541-552-2092 Micheal M. Reeder, Assistant City Attorney
TTY: 800-735-2900:,.,'.~;Shartene;P/$tephens, legal AssistarWClaims Manager
Nancy Snow, Legal Secretary
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Any action or decision or recommendation by a person acting in a capacity as a public official, the
effect of which could be to the private pecuniary benefit or detriment of the person ~r the person's
relative or any business with which the person or a relative of the person is associated, unless [the
class exceptions of subsections (a) through (c) apply]. (Emphasis added).
In other words, a potential conflict arises when it could reasonably be expected. but it remains uncertain,
that an official's actions will have a financial impact on that official or the official's relative or business.
In addition to the general standards or conflicts of interest that are applicable to all public officials,
planning commissioners have additional standards that they must adhere to. These standards are found
in ORS 244.135, which states in relevant part:
A member of a city or county planning commission shall not participate in any commission
proceeding or 8lction in which any of the following has a direct or substantial fmancial interest:
(a) The membeJr or the spouse, brother, sister, child, parent, father-in-law, mother-in-law of the
member;
(b) Any business in which the' member is then serving or has served within the previous two years;
or
(c) Any busines:~ with which the member is negotiating for or has an arrangement or
understanding ~~oncerning prospective partnership or employment.
b. Vlhat is Required when a Planning Commissioner has a Conflict of Interest?
ORS 244.120(2) explains what is to be done when a planning commissioner is faced with a conflict of
interest:
(2) An elected p~ublic official, other than a member of the Legislative Assembly, or an appointed
public official sE~rving on a board or commission, shall:
(a) When met with a potential conflict of interest, announce publicly the nature of the
potential conflict prior to taking any action thereon in the,~apaeity of a public official; or
(b) WheJll met with an actual conflict of interest, announce publicly the nature of the actual
conflict and:
(A.) Except as provided in subparagraph (B) of this paragraph, refrain from
participating as a public official in any discussion or debate .on the issue out of which the actual
conflict arises Of' from voting on the issue.
(B) If any public official's vote is necessary to meet a requirement of a minimum
number of votes to take official action, be eligible to vote, but not to participate as a public official
in any discussiolJL or debate on the issue out of which the actual conflict arises.
ORS 244.120(3) (~xplains when and how often a planning commissioner needs to announce a conflict of
interest:
2
CITY OF ASHLAND
Legal Department
20 East Main Street
, ". Ashland, OR 97520
www.ashland.or.us
Tel: 541-488-5350
Fax: 541-552.2092
TTY: 8O().735~i:'
Michael W. Franell, City Attorney
Micheal M. Reeder, AssIstant City Attorney
c. Sh$"'A$ pij~Stephens, Legal AssIstanVClalms Manager
Na~ Snow, Legal Secretary
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(3) Nothing in subsection (1) or (2) of this section requires any public official to announce a
conlict of interest more than once on the occasion which the matter out of which the conflict
arises is discussed or debated.
c. Analysis ofGSPC Standards to Commissioner KenCaim's Participation in Planning
Action 2005-00328:
~tF.:!-:~ ~
As noted above, the Government Practices and Standards statutes break conflicts of interest into two
categories-actual and potential. An actual conflict of interest would require that Conlmissioner
KenCairn (or her business or relative) have an actual, certain financial interest in the outcome. The
statute defines "business with which a person is associated with" in specific tenns. In order to have a
conflict of interest stemming from business associations, a public official needs to be a director, officer,
owner, employee or agent of the business. The additional rules for planning commissioners requires that
if the commissioner (or a close family member as described in ORS 244. 135(a)) "serve's" or has
"served" within the previous two years, or is negotiating for or has an agreement or understanding of
possible future employment with that business, then the Commissioner has a cont1:ie~of interest.
Although the applicant's web site, www.archerd-dresner.comlteam.htm1mentions that Commissioner
KenCaim's finn has done professional work for the applicant on another project in the recent past, this
fact by itself does not create an actual conflict of interest. To my knowledge, Commissioner KenCairn
is not a director, employee, partner or agent for the applicant. Assuming that she is not negotiating for
employment or partnership with Archerd & Dresner, she has no direct or substantial financial interest.
The fact that the applicant's web site identifies Commissioner KenCaim's finn as a COll1pany that has
done work for the applicant on another project likely does not make her a partner, agent or employee of
the applicant. The web site also identifies another presumably independent consultant on the website
"Team" page.
This particular planning action at issue is for a Conditional Use Pennit to use one ofthl~ residential
condominiums in the Jasmine Building, located on 180 Lithia Way, for one hoteVmotel unit.
Commissioner KenCaim' s finn contracted with the Archer and Dresner finn to provide, landscaping
design services for the Jasmine Building project. However, Commissioner KenCaim's finn was not
involved" in any way with P A 2005-~0328, thei.current P A at issue.
Despite the fact that Commissioner KenCaim likely does not have an actual conflict of interest in P A
2005-00328, her professional relationship with the applicant does raise the issue of whether she has a
potential conflict of interest. Since she could potentially benefit from the applicant's project being
approved, it is clear that she has a potential conflict of interest. Commissioner KenCai1m properly
disclosed her potential conflict of interest at the June 14, 2005, hearing. However, she did not to
disclose this conflict at the Hearings Board Findings meeting of July 12, 2005. If a C01IlIIlissioner is
unsure of the status of an activity under the Government Standards and Practices statutc~s, caution is
'~':'\;:always the best approach and disclosure should be made. ("',:,~l".
d. . Conclusion
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CITY OF ASHLAND
Legal Department
20 East Main Street
Ashland; OR 97520
www.ashland.or.us
Tel: 541-488-5350
Fax: 541-552.2092
TTY:'800-735.2900
Michael W. Franell, CIty Attorney
Micheal M. Reeder, Assistant City Attomey
Sharlene P.Stephens, legal AssistantlClalms Manager
Nancy Snow, legal Secretary
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Commissioner K.enCaim, out of prudence, should have announced a potential conflict of interest at the
July 12, 2005, :Hearings Board meeting, .where the Findings for P A 2005-00328 were adopted. Possibly,
a Hearings Board meeting where the Hearings Board adopts Findings in support of a decision is "an
occasion which the matter...is discussed..." ORS 244.120(3). However, this may be an issue to be .
resolved by the tGovemment Standards and Practices Commission. The fact that Commissioner
KenCaim did the landscape work for the Jasmine Building in an earlier planning action, does not, by
itself: create an actual conflict of interest. Assuming the facts as stated above are accurate,
Commissioner l(enCairn does not have an actual conflict, and so she was not required to abstain from
deliberation and voting On P A 2005-00328.
II. What is the Procedural Relationship between the Plannin2 Hearin2s Board and the Plannin2
.Commission?
a. Types of Plannirig Actions and Procedures
Our code has four types of planning actions: Staff Pennit, Type I, Type II,and,~Type lIt Each planning
action has its own set of procedural requirements, including designating the decision maker(s).
1. StaffPennit
Staff Pennit planning actions are listed in ALUO 18.108.030, and may be decided by Planning Staff, or
if a request for a public hearing is made, either the Hearings Board or the Planning Commission
becomes the decision making body. Currently, our procedures do not provide criteria for how a request
for a public hearing is detennined to be heard by the Hearings Board rather than the Commission. This
is a decision currently made by the Planning Director.
2. Type I
Type I actions arl~ listed in ALUO 18.108.040, and Planning Staff may make a decision on the action
subject to the following scenarios:
A. Once Staff ma:k:(~s,adecision, the Commission reviews the staff decision and
either amends the; decision, initiates a public hearing to b<? heard by either the Commission or the
Hearings Board, or takes no action, in which case the decision of Planning Staff becomes final the next
day.
B. Prior to Staff making a decision, an applicant or Staff may request that the
planning action he heard by the Commission or the Board. In such a case, Staff will not make a decision
but will schedule a hearing before the Commission or Board. ALUO 18.108.040(B)(6). Again, the
discretion to mak.e the decision of which body will hear the action is currently with Staff.
C. If Staff has made a decision, a party still has the right to request a public
hearing, which may be heard by the Hearings Board or the Commission. ALUO 18.108.040(B)(3) and
(4).
4
CITY OF ASHLAND
Legal Department
20 East Main Street
Ashland, 00"97520'
www.ashland.or.us
Tel: 541-488.5350
Fax: 541-552-2092
TTY;"SOO-735-2900
Michael W. Franell, City Att9mey
M~al M. Reeder, AssIstant City Attorney
Shartene P. Stephens, Legal AssistantlClaims Manager
Nancy Snow, Legal Secretary
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3. Type II
Type II actions are listed in ALVa 18.108.050 and are heard by the Commission in a public hearing.
No decision is made by Planning Staff. The Commission's decision may be appealed to Council.
4. , Type III
Type III actions are listed in ALva 18.108.060. Zone changes, amendments to the zoning map, and
comprehensive plan map changes are decided by the Commission in a public hearing. No decision is
made by Planning Staft: The Commission's decision may be appealed to the City Council. Annexation
and Urban Growth Boundary amendment requests are heard by the Commission which may make
findings and recommendations, which are then forwarded to the Council. Council then holds a public
hearing and makes the decision.
b. Discretion of the Planning Director in Detennining Whether-a Planning Action is Heard
by the Hearings Board or the Commission. .
As stated above~ currently, our procedures do not provide criteria for how a request for a public hearing
is detennined to be heard by the Hearings Board rather than the Commission. This is a decision
currently made by the Planning Director for Staff Pennit and Type I planning actions. The Planning
Director has no decision-making authority in Type II and Type III planning actions.
Below are the considerations that Planning Staff currently take into account prior to making the
detennination of whether an action is heard by the Hearings Board or the Commission:
1. Duties of the Hearings Board as found in Ashland Municipal Code 2.14
2. "Call up" of a StaffPennit v. Type I
3. Large v. small projects
4. Balancing the workload of the Commission
5. Weight of the public opposition
6. How common or similar requests have been granted
7. Existing v. new development
As noted above these are not criteria found in the code, but are rather the current considlerations used by
Planning S taft:
G:\legal\Reeder\PLANNING\PC Conflicts of Interest Memo to Council (7-13-DS).doc
5
CITY OF ASHLAND
Legal Department
20 East Main Street
Ashland, OR 97520
www.ashland.or.u5
Tel: 541488-5350
Fax: 541-552-2092 .
TIY: 800-735-2900
Michael W. Franell, City Attorney
Micheal M. Reeder, Assistant City Attorney
Shar1ene P. Stephens, legal Assistant/Claims Manager
Nancy Snow, Legal Se<<etaj 1
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July * 2005
CITY OF
ASHLAND
Mr. Harold Dresner
1550 Tyler Creek Road
AsWand, OR 97520
RE: Planning Action #: P A#2005-328
Dear Mr. Dresner:
At its meeting of June 14,2005, the Ashland Planning CoInJDission approved your request for a Conditional Use
Permit to use one of the residential condominiums in a mixed-use building for one hotel/motel unit for the
property located at 180 Lithia Way -- Assessor's Map # 39 IE 09 BA Tax Lot 10700.
The Findings, Conclusions and Orders document, adopted at the July 12, 2005 meeting, is enclosed.
Please note the foHow'
1.
2.
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A final map prepa y 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.
There is a I5-day appeal period that must elapse before a building permit may be issued.
All of the eonditionsimposed by the Planning Commission must be fully met before an occupancy permit
may be issued.
Planning Commission approval is valid for a period of one year only, after which time a new application
would hav~~ to be submitted.
Please feel free to call me at 488-5305 if you have any questions.
cc: Jerome White Architecture, 545 A Street, Suite No.3 Ashland, OR 97520
L.J. Friar and Plssociates, 816 W. Eight Street, Medford, OR 97501
DEPT. OF COMMUNITY DEVELOPMENT
20 E. Main Street
Ashland, Oregon 97520
www.ashland.or.us
Tel: 541-488-5305
Fax: 541-552-2050
TIY: 800-735-2900
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cc: (cont.)
Colin Swales, 1282 Old Willow Lane Ashland, OR 97520
DEPT. OF COMMUNITY DEVELOPMENT
20 E. Main Street
Ashland, O"regon 97520
www.ashland.or.us
Tel: 541-488-5305
Fax: 541-552-2050
TTY:800-735-2900
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BEFORE THE. HEARINGS BOARD
June 14, 2005
IN THE MA TIER lOP PLANNING ACTION #2005-00328, REQUEST FOR
A CONDITIONAL USE PERMIT TO USE ONE OF THE RESIDENTIAL
CONDOMINJMm.fS IN A MIXED-USE BUILDING FOR A HOTEUMOTEL
UNIT FOR THE PROPERTY LOCATED AT 180LITHIA WAY.
)
) FINDINGS
) CONCLUSIONS
) AND ORDERS
)
)
APPLICANT: HAL DRESNER
-----------------_____,__~___-------------------------------------------------------------------------------------------------------------
RECITALS:
1) Tax lot 10700 of39 IE 09BA is located at 180 Lithia Way and is zoned C-l~D; Commercial.
2) The applicant is requesting a Conditional Use Pennit to use an existing single family residential
condominium unit as a HotellMotel unit.
3) The criteria for a Conditional Use Pennit are described in Chapter 18.104 as follows:
A. That the use would be in conformance with allstandards within the zoning district in which the
use is proposed to be located, and in conformance with relevant Comprehensive plan policies
that are not implemented by any City, State, or Federal law or program.
B. 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. .
C. That the conditional use will have no greater adverse material effect on the livability of the
impact area when compared to the development of the subject lot with the target use of the zone.
When evaluating the effect of the proposed use on the impact area, the following factors of
livability of the impact area shall be considered in relation to the target use of the zone:
1. Silnilarity in scale, bulk, and coverage.
2. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle,
and mass transit use are considered beneficial regardless of capacity of facilities.
3. Architectural compatibility with the impact area. .
4. Ai,. quality, including the generation of dust, odors, or other environmental pollutants.
5. Generation of noise; light, and glare.
6. The development of adjacent properties as envisioned in the Comprehensive Plan.
7. Other factors found to be relevant by the Hearing Authority for review of the proposed
use.
P A 2005-328
June 14,2005
Page 1
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, 4) The Hearings Board, following proper-public notice, held a Public Hearing on June 14, 2005 at which
time testimony was received and exhibits' were presented. The Hearings Board approved the application
subject to conditions pertaining to the appropriate development of the site.
Now, therefore, The Hearings Board of the City of Ashland finds, concludes and recommends as follows:
SECTION 1. EXHmITS
For the purposes of reference to these Findings, the attached index of exhibits, data, and testimony
will be used.
Staff Exhibits lettered with an "S"
Proponent's Exhibits, lettered with a "P"
Opponent's Exhibits, lettered with an "0"
Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "M"
SECTION 2. CONCLUSORY FINDINGS
2.1 The Hearings Board finds that it has received all infonnation necessmy to make a decision
based on the Staff Report, public hearing testimony and the exhibits received.
2.2 The Hearings Board finds that the proposal meets all applicable criteria for a Conditional Use
Pennit described in the Conditional Use Pennits Chapter 18.104. The use of the residential
condominiwn is in confonnance with the Comprehensive plan policies~ and meets all the
standards of the C-I-D zoning district. the Jasmine Building is located on Lithia Way and there
is access to the unit ftom the street and Will Dodge Way.
2.3 The Hearings Board finds that the proposal will not have a greater adverse material' effect on the
livability of the impact area when compare to the target use of the zone. The proposed
hotel/motel unit will be within the existing building, therefore, the bulk, scale, and coverage
are in existence and will have no changes made. The unit will not alter the architecture of the
existing building. The unit may generate more traffic than the single-family residence, but
the hotel/motel unit will rented to tourists that will be visiting the ci~y and - the downtown
ar~a. The hotel/motel unit is near the Rogue Valley Transportation District Bus Lines and is
within walking distance to various shopping and entertainment areas in the downtown. The
unit will not be generating any more light, noise, glare, dust, odors, I~tc than the existing
single family residence. The approval of this unit as a hotel/motel will not have any adverse
impacts on the surrounding uses and is compatible with the developr[lent of the adjacent
properties.
P A 2005-328
June 14, 2005
Page 2
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2.3 The Hearings Board finds that there is adequate capacity in water, sewer, stonn sewer,
~Uld electric and transportation facilities to serve the proposed hotel/motel unit. City water,
sewer, stonn sewer and electric are available in the Lithia Way right-of-way to serve the
huilding.
2.4 The Hearings Board finds that the proposal meets the applicable criteria for detennination of
the unit as a motel unit. Also, that, the unit is in a building containing a guest unit for rental
t40 transients, with a separate entrance directly exterior and consisting of individual sleeping
quarters, with cooking facilities. The unit has direct access to parking area within both the
existing Jasmine Building as well as to the temporary parking and the proposed parking
~{ithin Phase II Jasmine Building.
2.5 The Hearings Boards finds that the unit is classified as a single guest room, based on the unit
as a whole, not individual bedrooms. Therefore, the Hearings Board finds that one off-street
parking space is required for a guest room in accordance with 18.92.020.4.
2.6 The Hearings Board finds that the proposal meets the applicable parking requirement for a
hotel/motel unit ot: one space for each guest room, plus one space for the owner or manager.
One space will be provided for within the existing Jasmine Building footprint; the second
space will be provided for temporarily in the vacant lot adjacent to the Jasmine Building and
once constructed, within the footprint of Jasmine Building Phase II.
SECTION 3. DECISION
3.1 Based on the record of the Public Hearing on this matter, the Hearings Board concludes that the use of
the resid(;~tial unit as a hotel/motel unit with a Conditional Use Pennit has satisfied all relative
substantive standards and criteria contained within the Ashland Municipal Code.
Therefore, based on our overall Conclusions,. and upon the proposal being subject to each of the. following
conditions, W4~ approve Planning Action #2005-00328. Further, if anyone or more of the conditions below
are found to be invalid, for any reason whatsoever, then Planning Action #2005-00328 is denied. The
following are the conditions and they are attached to the approval:
1. That all proposals of the applicant shall be conditions of approval unless otherwise modified here.
2. That the hotel/motel unit be allowed to operate during the summer of 2005 before construction of
Phase II of the Jasmine Building. The parking space shall be provided on the adjacent vacant lot and
the parking space shall be signed with "Exclusive Use for Unit 301". Thereafter, the parking space
I
shall be provided in the Phase II Jasmine Building as proposed.
3. Following eonstructiqn of Phase II of the Jasmine Building and prior to issuance of a certificate of
occupancy, the lease agreement dedicating the proposed parking space to the hotel/motel unit shall
be submitt,ed to the Staff Advisor for review and approval.
P A 2005-328
June 14,2005
Page 3
/1
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4. That the hotel/motel unit be rented as one, single unit, and each room cannot be rented separately. If
there is evidence of a violation of this condition the Conditional Use Pennit may be revoked.
5. That at a sign pennit shall be obtained prior to installation of new signage. Signage shall meet the
requirements of Chapter 18.96 and shall meet the requirements if located in the vision clearance area
of 18. 72.120.C.
~$lt>-s-
Date )
P A 2005-328
June 14,2005
Page 4
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ASHLAND PLANNING DEPARTMENT
STAFF REPORT
June 14, 2005
PLANNING ACTION: 2005-328
APPLICATION DEEMED COMPLETE: April 20, 2005
APPLICANll: Hal Dresner
LOCATION: 180 Lithia Way
ZONE DESI4GNATION: C-1-D
COMPREHI~NSIVE PLAN DESIGNATION: Commercial Downtown
ORDINANCJE REFERENCE:
18.32
18.104
Retail Commercial District
Conditional Use Pennits
REQUEST: Request for Conditional Use Pennit to use one of the residential condominiums in a
mixed-use building as a one hotel/motel unit for the property located at 180 Lithia Way.
I. Relevalnt Facts
1) Background - History of Application:
In April 2004, the applicant applied for a Conditional Use Pennit, the application
was subsequently called up to a public hearing.
In January 2005 the Planning Commission approved a request for a Site Review
Pennit to construct a three-story, 6,166 square foot mixed use building with an
. Exception to the Downtown Design Standards to set the building back ITom the
ITont (south) and side (west) property lines (Jasmine Building - Phase II).
In November 2004, the application was incorrectly noticed as a Type I planning
action. As a result, the notice was corrected and re-mailed for a public hearing at
the January 11, 2005 meeting. The Historic Commission reviewed the proposal
and held a public hearing at the December 8, 2004 meeting. The Tree
Commission Review Board reviewed the proposal on December 7, 2004.
In November 2002, the Planning Commission approved a Site Review Pennit for
Planning Applica.tion 2005-328
Applicant: Hal Dresner
Ashland Planning Department - Staff Report
June 14,2005
Page 1
tLl
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Phase I of the project (P A 2002-117). The Phase I building is a 12,577 square
foot three-story, mixed-use building comprised of retail space, offices: and two
residential units.
There are no planning actions'ofrecord for this site.
2) . Detailed Description of the Site and Proposal:
Site Description
The property is located on the south side of Lithia Way between Pioneer Street
and First Streets The Kelso Building is adjacent to the east side of th<:~ site and a
City public parking lot is adjacent to the west side of the site. The parcel is
10,259 square feet in size and is in the Commercial Downtown zoning district (C-
I-D). The Phase I building was approved in November 2002 and construction
was completed in 2004. The Phase I building is a 12,577 square foot 1three-story,
mixed-use building comprised of retail space, offices and two apartm<:mts.
Jasmine Building - Phase I is located at 180 Lithia Way. The J asmin(~ Building is
a three-story 12,577 square foot mixed use building. The first floor is 4,512
square feet, the second floor is 4,512 square feet and the third floor is 3,865
square feet The proposed Hotel/Motel unit is 1,776 square feet Thc~ unit is a 2
bedroom, 2.5 bath residence. There is also a 410 square foot rooftop
courtyard/balcony for use by this unit. The unit has an enclosed singh~-car garage
within the footprint of the building, on the first floor.
Proposal
The applicant is requesting a Conditional Use Pennit approval to use residential
Unit # 301 of the Jasmine Building Condominiums as a hotel/motel unit.
II. Proiect ImDact
Hotels and motels have historically been considered commercial uses, conditionally
allowed in Employment and Commercial zoning districts. In general, Staffbelieves that
hotels and motels are an appropriate use within downtown commercial area. 1heir
impacts, and operations are best located in commercial zones, and that has be<:~n the
historic location for such uses. In addition, it can generally be considered ben<:~ficial to
provide transient quarters in close proximity to establishments and attractions they visit
This helps to reduce the necessity to drive by locating accommodations within walking
distance of commonly frequented destinations (i.e. shops, dining and entertainment).
Planning Application 2005-328
Applicant: Hal Dresner
Ashland Planning Department .- Staff Report
June 14,2005
Page 2
~~
()
()
Off-s1reet parking is not a requirement in the downtown zone, but parking is a
requirement for hotel/motel uses. Required parking is described under Ashland
Muni4~ipal Code 18.92.020 A.4:
Hotels and motels: One space for each guest room, plus one space for the owner
or manager;
Accordingly, the applicant has proposed to provide two spaces, one for the guest
accotTlffiodation and one space for the owner or manager. One space will be located in the
enclosed single car garage that exists within the footprint of the Jasmine Building - Phase
I. This space is specifically dedicated for the use of the tenant of Unit # 301. The second
parking space will be leased from Archerd & Dresner LLC and will be located in an
enclosed single car garage within the footprint of the second phase of the Jasmine
Building. This parking space will have direct access to the Jasmine Building - Phase I.
While the applicant's proposal is for the manager to be off-site, required parking is still
being provided consistent with the ordinance.
The proposed hotel/motel unit will be within the existing building, therefore, the bulk,
scale, and coverage are in existence and will have no changes made. The unit will not
alter the architecture of the existing building. The unit may generate more traffic than the
single- family re~idence, but the hotel/motel unit will rented to tourists that will be visiting
the city and the downtown area. The hotel/motel unit is near the Rogue Valley
Transportation District Bus Lines and is within walking distance to various shopping and
entertainment areas in the downtown. The unit will not be generating any more light,
noise, glare, dust, odors, etc than the single family residence. The approval of this unit as
a hotel/motel will not have any adverse impacts on the surrounding uses and is
compatible with the development of the adjacent properties. There is adequate capacity in
water, sewer, stonn sewer, and electric and transportation facilities to serve the proposed
hotel/tnotel unit.
The Historic Commission will review the application at the June 8, 2005 meeting.
III. Procedural - Reauired Burden of Proof
The crilteria for Conditional Use Permit approval are described in Chapter 18.104
as follows:
A. That the use would be in conformance with all standards within the zoning district in
which the use is proposed to be located, and in conformance with relevant
Comprehensive plan policies that are not implemented by any City, State, or Federal law
or program.
B. 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
Planning Application 2005-328
Applicant: Hal Dresner
Ashland Planning Department - Staff Report
June 14,2005
Page 3
:<t3
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will be provided to and through the subject property.
C. That the conditional use will have no greater adverse material effect on the livability of
the impact area when compared to the development of the subject lot with the target use
of the zone. When evaluating the effect of the proposed use on the impact area, the
following factors of livability of the impact area shall be considered in relation to the
target use of the zone:
1. Similarity in scale, bulk, and coverage.
2. Generation of traffic and effects on surrounding streets. Increases in pedestrian,
bicycle, and mass transit use are considered beneficial regardless o.l capacity of
facilities.
3. Architectural compatibility with the impact area.
4. Air quality, including the generation of dust, odors, or other environmental
pollutants.
5. Generation of noise, light, and glare.
6. The development of adjacent properties as envisioned in the Comprehensive Plan.
7. Other factors found to be relevant by the Hearing Authority for review of the
proposed use.
IV. Conclusions and Recommendations
The request for a public hearing argues that the application "has insufficient parking."
Historically, required parking for hotels/motels has been calculated based upon one space
per guest accommodation available for compensation. It appears that the request for
hearing believes that a total of three spaces should be required - one space per bedroom
and one space for the manager.
It is Staff's belief that this application proposes an individual guest accommodation that
would be available to a single party for compensation. The party paying for the use of the
two-bedroom accommodation could comprise multiple persons, which would be
consistent with past planning approvals.
If one space is required per bedroom, as is indicated by the request for a public hearing,
all multi-bedroom transient accommodations (i.e. suites) would require the saJme amount
or more off-street parking than a residential condominium or single family residence.
Such a requirement appears inconsistent with accepted professional standards for
computing parking demand by use.
In Staff s opinion, the approval criteria for a Conditional Use Pennit are satisfied by the
applicant's proposal. Should the Hearings Board choose to approve the applieation, Staff
recommends that the following conditions be attached:
1. That all proposals of the applicant shall be conditions of approval unless otherwise
modified here.
Planning Application 2005-328
Applicant: Hal Dresner
Ashland Planning Department -- Staff Report
June 14, :2005
Page 4
~'f
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2. That the hotel/motel unit cannot be operated or rented until the Phase II of the
Jasmine Building is completed. This is the location of the parking space for the
o~mer/manager that is required.
3. That the hotel/motel unit be rented as one, single unit, and each room cannot be
rented separately. If there is evidence of a violation of this condition the Conditional
Use Pe'i1nit may be r~voked.
4. That at a sign pennit shall be obtained prior to installation of new signage. Signage
shall meet the requirements of Chapter 18.96 and shall meet the requirements if
located in the vision clearance area of 18.72.120.C.
-:.
Planning Application 2005-328
Applicant: Hal Dresner
Ashland Planning Department - Staff Report
June 14,2005
Page 5
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JASMINE BUILDING - PHASE 2
180 UTHIA WAY ASHLAND, OREGON
ASSESSOR'S MAPT.39, R.1E, S.09BA, TAX LOT 10700
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OWNER: ARCHERD & DRESNER, LLC PH: (541) 482-8856
P.O. BOX 699, ASHLAND, OR 97520
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UTILITY &
GRADING .PLAN
NEW BUILDING
180 LITHIA WAY
ASHLAND, OREGON
jJ<as & Associates, IncA
A ENGINEERING SERJ/ICES
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This action was called up for a public hearing.
TYPE II PUBLIC HEARINGS
PLANNING ACTION 2005-00328 IS A REQUEST FOR A CONDITIONAL USE PERMIT TO USE ONE OF THE RE~UDENTIAL
CONDOMINIUMS IN A MIXED-USE BUILDING FOR ONE HOTEUMOTEL UNIT FOR THE PROPERTY LOCATED AT 180
LITHIA WAY.
APPLICANT: HAROLD DRESNER
Site Visits and Ex Parte Contacts
Site visits were made by all.
KenCaim declared a potential conflict of interest. She has previously worked on landscaping for this building. She
stated she has no conflict nor will it affect her ability to make a decision.
STAFF REPORT
Anderson explained that the application for a Conditional Use Pennit was administratively approved in April, 2005. It
was subsequently called up for a public hearing based on the parking requirement for a hotel/motel. The proposed
hotel/motel unit is 1175 square feet with a 410 square foot balcony veranda. The unit has an enclosed single car
garage.
Hotels and motels have historically been considered commercial uses and they are conditionally allowed ill the
Employment and Commercial zoning districts. Staff believes they are an appropriate use within the downtown area.
The impacts and operations are best located in Commercial zones because of the benefit of providing transient
quarters in close proximity to downtown establishments that the guests will utilize. It reduces the need to drive.
The applicant is proposing to provide two parking spaces, one within the existing single car garage and the second
space will be leased from Archerd & Dresner, LLC and located within the enclosed single car garage within the
footprint of the second building (to be constructed). The parking space will have direct access into the first phase of
the building. The unit is within the existing building, therefore, the bulk, scale, and coverage are existing with no
changes to be made. Guests will have access to the R VTD bus line and the unit is located within walking distance to
shopping and entertainment. The unit will not generate any more light, noise or glare than a single family Jresidence.
The approval will not have any adverse impacts on the surrounding uses and it is compatible with the uses of the
adjacent properties.
It was reviewed at the June 8, 2005 Historic Commission meeting but the Commissioners gave no comments because
it was outside the scope of their review.
The request for the public hearing argues the applicant has insufficient parking. Historically, the parking for hotels
and motels is calculated based on one space for guest accommodation. The party paying for the guest accommodation
could have multiple occupants but saying they need more parking would be inconsistent with past approvals.
Anderson gave several examples of hotels and motels and their parking.
There is an added Condition that this unit can only be rented out as one unit and it cannot operate- until the second
phase of the Jazmin building has been completed.
Dawkins is concerned that this unit was sold as a condominium to help revitalize the downtown. Suddenly, it is
coming back as a rental. Is this going to become commonplace? If so, then he believes the parking will be,come an
issue.
Anderson said generally condominiums in the downtown usually have to provide two parking spaces, but in most
situations they won't have the ability to provide the two spaces.
PUBLIC HEARING
EVAN ARCHERD, 550 E. Main Street and HAL DRESNER, 1515 Tyler Creek Road, Ashland.
Archerd said this application does not"generate any more intense use than a single family residence. He sees it as an
advantage. to the City to have transient accommodations close to OSF and restaurants.
ASHLAND PLANNING COMMISSION
HEARINGS BOARD
JUNE 14, 2005
MINUTES
3S-
3
()
(,,!
Archerd asked that Condition 2 be modified,to allow the unit to be used this summer before construction begins on
phase 2, with the second parking space to be located on the existing empty lot with a sign posted "Exclusive Use for
Unit 301." As soon as construction begins, the use would have to discontinue.
Harris said she did not know when construction will begin. It sounds like it will be seamless, but some clarification
may be needed.
Dotterrer noted Swal,es' e-mail and the issue he raised regarding parking. Harris said the requirements for a traveler's
accommodation are different than a hotel/motel use as outlined in the ordinances. The zoning is different too. She
consulted with the City Attorney's office, and they felt it could fit under the definition of a motel. The
Commissioners need to make that determination, however. Motels have separate entrances to the exterior. The
proposed unit has an entrance to the exterior. The City Attorney's office addressed the parking spaces and they agree
that a guest room is the same as a bedroom. That is how it has been applied in the past and it is consistent with
parking f.or h.otels and m.otels.
Rebuttal
. Archerd said he feels they meet the defmiti.on .of a motel. It has an entrance t.o the exterior.
COMMISSIONERS' DISCUSSION AND MOTION
Dawkins stated he will v.ote in fav.or .of this application but he is unc.omfortable ab.out how s.omething starts .out as .one
thing and bec.omes s.omething else. It can bec.ome a pattern. He saw this trend happening in Aspen in their effort to
get pe.ople int.o the downtown, but what happened was more emptiness and more transience.
KenCaim heard Dawkins issues and believes it is an issue that needs to be addressed at an.other time. She believes
they have met all the criteria and have addressed Swales' issues. Unless a condominium is created with parking in the
downtown, they could never make this c.onversion. That makes this situati.on somewhat limiting.
Dotterrer agrees that the applicati.on qualifies as a m.otel. There is an .oPP.ortunity to review each applicati.on as it
comes bef.ore them.
KenCairn/Dotten-er mls t.o approve P A2005-00328 with the attached C.onditions with the revisi.on .of C.onditi.on 2 as
the applicant requested. They will be all.owed to use the space .only this summer and they will pr.ovide a parking space
in what will bec.ome constructi.on parking. Voice V.ote: Approved unanim.ously.
PLANNING ACTION 201)5-00671
REQUEST FOR A SITE REVIEW APPROVAL TO CONSTRUCT A 2YrSTORY MIXED-USE BUILDING COMPRISED OF
OFFICE SPACE, RETAIL SPACE, A MEDITATION CENTER AND TWO RESIDENTIAL UNITS FOR THE PROPERTY
LOCATED AT PARCEL 2E OF THE CLEAR CREEK VILLAGE SUBDIVISION LOCATED ON CLEAR CREEK DRIVE. IN
ADDITION, A REQUES1. FOR A CONDITIONAL USE PERMIT TO USE THE MIDDLE FLOOR AS A RELIGIOUS USE
(BUDDHIST MEDITATIC)N CENTER). THE REQUEST INCLUDES JOINT USE OF THE PARKING FACILITIES IN WHICH THE
OFFICE SPACE,RETAIIL SPACE AND RESIDENTIAL UNITS WILL USE THE PARKING DURING BUSINESS HOURS, AND
THE MEDITATION CEN.fER AND RESIDENTIAL UNITS WILL USE THE PARKING DURING OFF HOURS.
APPLICANT: KAGYU KIUSHA CHOLlNG
Site Visits or Ex Parte C:ontacts
Dawkins had a site visilt and mentioned he is acquainted with a number .of pe.ople requesting to speak on this action. He does
not believe it will weigh in .on his decisi.on.
K~nCaim stepped d.own and left the meeting as she has w.orked on the landscaping.
Dotterrer had a site visit.
STAFF REPORT
Harris said the pr.oPosal is to build a new mixed use building t.o be used for office, retail, meditati.on center and two residential
units. The application requires a Site Review because it is a new commercial building and a C.onditi.onal Use Permit for the
religi.ous use (meditation center). There are two parking lots that are partially built on either side of the site of the proposed
building. The building is three-story or two and one-half story because the third floor is a smaller footprint. Other details .of
the project are contained in the Staff Report.
ASHLAND PLANNING COMMI~;SION
HEARINGS BOARD
JUNE 14, 2005
MINUTES
4
E('
(--)
CITY OF
ASHLAND
It
Planning Action 2005-00328
Conditional Use Permit
Applicant: Harold Dresner
180 Lithia Way
Ms. Harris detailed the applicant's request to convert one of the two condominium units c>n the top floor of a
mixed-use commercial building in the Commercial (C-1 D) zone to a Hotel/Motel unit. It is a large, two-bedroom
unit with an enclosed single-car garage located in the building. A second space, as required by code, will be
available in the applicant's Phase. II building under construction next door.
Ms. Harris explained the application was originally approved as a staff permit, but was cia lied up to a public
hearing by Colin Swales. His concerns were whether or not it had sufficient parking. She! said staff added a
condition to not allow the unit as a Hotel/Motel rental until the additiorTal parking space is available."
Mr. Shostrorn stated the proposal primarily had Planning Commission issues as opposed to Historic Commission
issues. He asked what the distinction was between Hotel/Motel units versus Traveler's Accommodation units.
Ms. Harris explained the difference was due to zoning and included slight differences in re!quirements.
Russ Dale, representing the applicant, explained the unit is a very large and very high quality unit.
There being no one in the audience wishing to speak, the public meeting was closed.
Mr. Saladoff made a motion stating the issues fell outside any concerns or jurisdicUon of the Historic
Commission and the decision would be left to the Planning Commission. Ms. Leighton seconded the motion is it
caffied unanimously.
DISCUSSION ITEMS
A. 125 Sherman Street - Russ Dale explained he was renovating a small post World War II bungalow and
garage and had made the decision to remove the asbestos exterior shingles and add board & batten siding
over the original horizontal siding that had been painted with lead-based paint. The majority of the
Commissioners felt this change was not compatible with the historic district and would dE~stroy the historical
look of this house. Mr. Krach asked the applicant to consider reverting back to the origin.al siding in order to
preserve the historic significance and set the proper tone for the neighborhood. Mr. Dale agreed to consider
the Commission's recommendations. Mr. Skibby requested the applicant submit plans to the Historic
Commission for review prior to applying for the building permit on the garage remodel.
B. Lithia Water Fountains - Ms. Harris described the deterioration of the Lithia water fountains due to the
. highly corrosive nature of the water and local vandalism. City of Ashland Public Works has been unable to
find replacement water fountains. They are asking the Historic Commission for suggestions. The
Commissioners recommended that all efforts be made to restore the fountains to their 19~~7100k. Alternative
materials that could stand up to the corrosive nature of the water were acceptable. Ms. Leighton, Mr. Swink
and Mr. Skibby volunteered to assist in researching material solutions but not until early fall. Mr. Krach
suggested contacting the Rotary or a similar organization to see if they would want to take on the project.
Ms. Harris said she would check with SHPO to see if there would be grant monies available for the
restoration. Mr. Swink advised the broken off pipes be covered and protected temporarily until a permanent
solution can be found.
Ashland Historic Commission Minutes
6/10/2005
37
2
,.,
Planning Department, 51 WiC')way, Ashland, Oregon 97520 ()
541-488-5305 Fax: 541-552-20~0 www.ashland.or.us TTY: 1-800-735-2900
f il
CITY OF
ASHLAND
PLANNING ACTIC~N: #2005-00328
SUBJECT PROPERTY: 180 Lithia Way
OWNER/APPLICANT: Harold Dresner
DESCRIPTION: R:equest for a Conditional Use Permit to use one of the residential condominiums in a mixed-use
building for one hotel/motel unit for the property located at 180 Lithia Way. Comprehensive Plan Design:
Commercial; Zonin!g: C-1-D; Assessors Map #39 1E 09 SA; Tax Lot: 10700.
NOTE: This Planning Action will also be heard by the Ashland Historic Commission on June 8,2005 at 7:00 p.m. in the
Community Development and Engineering Services building (Siskiyou Room), located at 51 Winburn Way.
ASHLAND PLANNING COMMISSION HEARINGS BOARD MEETING: June 14,2005, 1:30 PM
Notice is hereby given that a PUBLIC HEARING on the following request with respect to the ASHLAND LAND USE ORDINANCE will be held before the
ASHLAND PLANNING COMMISSION HEARINGS BOARD on meeting date shown above. The meeting will be at the ASHLAND CIVIC CENTER. 1175 East
Main Street. Ashland. Oregon.
The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this application,
either in person or by letter, or faiilure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of
appeal to the Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your right
of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient
specificity to allow this Commission to respond to the issue precfudes an action for damages in circuit court.
A copy of the application. all doc:uments and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be
provided at reasonable cost. if rEIQUested. A copy of the Staff Report will be available for inspection seven days prior to the hearing and will be provided at
reasonable cost, if requested. .AlI materials are available at the Ashland Planning Department. Community Development and Engineering Services. 51
Winburn Way. Ashland, Oregon ~17520.
During the Public Hearing, the Chair shall allow testimony from the applicant and those in attendance concerning this request. The Chair shall have the right
to limit the length of testimony and require that comments be restricted to the applicable criteria. Unless there is a continuance. if a participant so requests
before the conclusion of the hearing. the record shall remain open for at least seven days after the hearing.
If you have questions or comments concerning this request, please feel free to contact the Ashland Planning Department, at 541-488-5305.
gg
G:\comm-dev\planning\Notices Mailed\200S-00328 6-14-0S.doc
()
18.104.050 Approval Criteria
A conditional use permit shall be granted if the approval authority finds that the proposed Ulse conforms, or can
be made to conform through the imposition of conditions, with the following approval criter!ia.
A. That the use would be in conformance with all standards within the zoning district in which the use is proposed
to be located, and in conformance with relevant Comprehensive plan policies that are not irnplemented by any
City, State, or Federal law or program.
B. 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.
C. That the conditional use will have no greater adverse material effect on the livability of the impact area when
compared to the development of the subject lot with the target use of the zone. When evaluating the effect of the
proposed use on the impact area, the following factors of livability of the impact area shall be considered in
relation to the target use of the zone:
1. Similarity in scale, bulk, and coverage.
2. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use
are considered beneficial regardless of capacity of facilities.
3. Architectural compatibility with the impact area.
4. Air quality, including the generation of dust, odors, or other environmental pollutants.
S. Generation of noise, light, and glare.
6. The development of adjacent properties as envisioned in the Comprehensive Plan.
7. Other factors found to be relevant by the Hearing Authority for review of the proposed use.
8Cj
G:\comm-dev\plamring\Notices Mailed\200S-00328 6-14-0S.doc
PA#2005-328 391E09BA 11200
116 'C' STREET INC
1510 WOODLAND DRIVE
ASHLAND, OR 97520
PA#2005-328 391E09BA 10100
ARCHERD & DRESNER LLC
448 ALLISON ST
ASHLAND, OR 97520
PA#2005328 391E09B..'\ 80i~
.:\R-CHERD & DRES)-ffiR LLG
PO BOX 699
ASHL\ND, OR 97520
P..:\ft2005 328 391E09Bl\ 10800
CITY OF .:\.SHL,\}ID
20 E ~L\1N ST
ASHL~ID, OR 9752Q
PA#2005-328 391E09BA lIlOO
DAVIS SAM B
515 E MAIN ST
ASHLAND, OR 97520
PA#2005-328 391E09BA 10301
KENNEDY KATHERINE M TRUSTEE
ETAL
320 E MAIN ST
ASHLAND, OR 97520
P~A~#2005 328 391E09B.\ 900@
STRELUV\N RICH.A..:..'ID M: TRUSTEE
3~0 MORTON ST
f~SHL..'\ND, OR 97520
PA#2005-328 391E09BA 90001
WOODS MARVIN E
695 TERRACE ST
ASHLAND, OR 97520
P A#2005-328
L.J. FRIAR AND ASSOCIATES
816 WEST EIGHTH STREET
MEDFORD, OR 97501
()
PA#2005-328 391E09BA 11101
141 LITHIA WAY LLC
PO BOX 1018
ASHLAND, OR 97520
P}~#2005 328 391E09B.\ 11601
f ~.cHBRD & DRESNER LLC
448 .:\LLISON ST
~\SHL\ND, OR 97520
PA#2005-328 391E09BD 3900
ASHLAND LODGE #944/B P 0 E
POBOX 569
ASHLAND, OR 97520
P:\ft2005 328 391E09B}~ 11500
CITY OF }~SHL..\ND
CITY H~\LL
.\SHL.QID, OR 97520
PA#2005-328 391E09BA 10500
GARLAND GERALD G TRUSTEE
921 MOUNTAIN MEADOWS CIR
ASHLAND, OR 97520
PA#2005-328 391E09BA 10600
KEY BANK OF OREGON
PO BOX 560807
DALLAS, TX 73556
PA#2005-328 391E09BA 10900
TEITELBAUM ALBERT TRUSTEE
196 WINDEMAR PL
ASHLAND, OR 97520
PA#2005-328 391E09BA 10400
YAMAOKA RONALD/CARRIE
2422 33RD A VB
SAN FRANCISCO, CA 94116
P A#2005-328
SWALES COLIN
1282 OLD WILLOW LANE
ASHLAND, OR 97520
11-0
(--')
PA#2005-328. 391E09BA 11000
145 MAIN STREET LLC
24 CROCKER ST
ASHLAND, OR 97520
P}~1t2005 328 391E09B.A.. 80QQl
AR-CHERD & DRESNER LLC
PO BOX 699
.A..SHL:\ND, OR 97520
PA#2005-328 391E09BA 10300
BROWN ERIK/NORTH JAMIE
15 N FIRST ST
ASHLAND, OR 97520
P A#2005-328 391E09BD 4500
CRATER NATL BANK OF MEDFORD
PO BOX 7788
NEWPORT BEACH, CA 92658
PA#2005-328 391E09BA 11201
HAMMOND FAMILY LLC
125 E MAIN ST
ASHLAND, OR 97520
PA#2005-328 391E09BA 90002
STRELLMAN DENNIS P
340 MORTON ST
ASHLAND, OR 97520
PA#2005-328 391E09BA 9900
~TEDSTATESPOSTALSERV
8055 E TUFTS A VB 400
DENVER, CO 80237
P A#2005-328
WHITE JEROME ARCHITECTURE
545 A STREET SUITE #3
ASHLAND, OR 97520
()
()
AFFIDAVIT OF MAILING
STATE OF OREGON
County of Jackson
The undersigned being first duly sworn states that:
1 . I am employed by the City of Ashland, 20 East Main Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On May 26, 2005, I caused to be mailed, by regular mail, in a sealed
envelope with postage fully prepaid, a copy of the attached Public Meeting Notice
to each person listed on the attached mailing list at such addresses as set forth on
this list under each person's name for Planning Action # 2005-00328.
I
~'f-,
SIGNED AND SWORN TO before me this.3..L day Of~, 2005.
OFFICIAL SEAL
NANCY E SLOCUM
- NOTARY PUBLIC - OREGON
~" ..j] COMMISSION NO. 371650
. >(.:t'/ MY COMMISSION EXPIRES SEPT. 18. 2il07
~8S~.
No ary Pu lie for State of Oregon
My Commission Expires: (:/;-('6-07
" ........:.2~., ...-
1/
G:\comm-{jev\planning\Forms & Handouts\AFFIDAVIT OF MAILlNG.doc
I Am~ Anderson - Reasons to den~ CUP (')5- 00328
( ~
Paae~ 1]
From:
To:
Date:
Subject:
"Colin Swales" <colin@mind.net>
<andersona@ashland.or.us>
6/8/2005 4: 14:29 PM
Reasons to deny CUP 2005- 00328
Amy,
Please make c~)pies for the Historic Commissioners and Planning Commission.
PLANNING ACTION 2005-00328 is a request for a Conditional Use Permit to use one of the residential
condominiums in a mixed-use building for one hotel/motel unit for the property located at 180 Lithia Way.
ComprehensivE~ Plan Design: Commercial; Zoning: C-1-D; Assessor's Map #39 1 E 09 BA; Tax Lot:
10700. APPLICANT: Harold DresnerPlanning Commission and/or Hearings Board.
The following alre reasons to deny the CUP for one "hotel Motel" unit in the Jasmine Building.
1) To the best of my knowledge the residential garages at the rear of the initial structure built were never
approved durin!~ the site design approval. It was designated and approved as commercial use. They did
not fulfill their condition of approval to build as shown in their application.
2) At the HB dedsion I raised concerns that then primary contributing historic structure ( Nininger's
Market) would not be able to be retained as stipulated to by the applicant given the proposed plan. The
applicants agre~9d to come back for a re-appraisal of the situation if this was found to be so. Is spite of this
promise, the historic building was totally demolished - without any further site review requesting demolition
nor a re-cycling diversion plan as required under our demolition ordinance.
3) Vacation Rental or Travelers accommodations are not a permitted use in C-1-D. zones, only hotel/mote
uses.
ALUO 18.08.320 Hotel - A building in which lodging is provided to guests for compensation and in which
no provisions are made for cooking in the lodging rooms.
The 2-bedroom residential unit has provisions for cooking. Therefore it is not a "hotel unit"
ALUO 18.08.510 Motel - A building or group of buildings on the same lot containing guest units for rental
to transients, with separate entrances directly exterior and consisting of individual sleeping quarters,
detached or in connected rows, with or without cooking facilities. (Ord. 2052, 1979)
This condo is on the third floor of a mixed use building. It is neither detached nor connected in rows. It is
not a motel.
4) 18.92.020 Automobile Parking Spaces Required - . Hotels and motels. One space for each guest room,
plus one space for the owner or manager.
This is a 2 bed rlesidential condom inium. Therefore 3 parking spaces are required. Only one ( and later
another was added in an unbuilt building) were to be provided. There is not current living or management
accommodation for the "owner or manager".
If this CUP is approved in raises serious policy considerations with regard to the commercial vacation use
of existing and proposed residential units in the C-1D, C-1 and E-1 mixed use areas as well as the use of
private residentiHI garages in these zones. Although not specifically banned, the PC has unanimously
voted ( more than a year ago) to amend our ALUO with respect to this issue in order to disallow them.
This amendmenjt is still awaiting staff to start the legislative process.
I therefore request that it is either denied for the above listed reasons or else passed up to the full
~~
I Amy, Anderson - Reasons to deny CUP ()5- 00328
Paae ~2]
commission for their consideration.
respectfully submitted.
Colin Swales
()
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RECEIVED
MAY 0 2 2005
City of Ashland
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ADDENDUM TO
CONDITIONAL USE PERMIT APPLICATION
DATED FEBRUARY 22, 2005
April 7, 2005
After meeting with the Staff Advisor, Maria Harris, with regard to the above
referenced application, this addendum should be incorporated into the original
Conditional Use Permit Application document.
PROJECT NAME: The Jasmine Building Condominiums
TYPE OF PLANNING ACTION: Request for Conditional Use Permit to use Unit #~~01 of the
Jasmine Building Condominiums as a traveler's accommodation (hotel/motel unit in the C-l
District) Ashland, Oregon.
PROJECT INFORMATION:
OWNER/APPLICANT:
Harold Dresner
1 550 Tyler Creek Road
Ashland, Oregon, 97520
Tel: 482-5001
ARCHITECT/PLANNER:
Jerome White Architecture
545 A Street, Suite No.3
Ashland, Oregon 97520t
Tel: 488-2830
SURVEYOR:
L.J. Friar and Associates
816 W. Eight Street
Medford, OR 97501
PROJECT ADDRESS:
180 Lithia Way
Ashland, Oregon 97520
LEGAL DESCRIPTION:
39 1 E 09 BA, Tax Lot 10700
REC:EIVED
COMPREHENSIVE PLAN DESIGNATION:
4~
APR 0 8 2005
City of Ashland
()
n
Commercial
ZONING DESIGNATION:
C-1-D
Section 18.104.050 Approval Criteria Section A states:
A conditional use permit shall be granted if the approval authority finds that the proposed use
conforms, or can be made to conform through the imposition of conditions, with the following
approval criteria.
1 . That the use would be in conformance with all standards within the zoning district in
which the use is proposed to be located, and in conformance with relevant
Comprehensive plan policies that are not implemented by any City, State, or Federal
law or program.
Hotels' and motels (the subjects intended use is a travelers accommodation, but
this is classified as a hotel/motel unit in the C-1D District) require one parking
space lor each guest room plus one space of parking for the owner/manager. Unit
#901 lIas one enclosed single car gal"age located in the building. Hal Dresner, the
appliCJlnt, is one of the partners in Archerd & Dresner, LLC, the developer of the
JasmiLre Building. Phase II of the Jasmine Building will include three additional
parkin.g spaces located at the rear of the new building (please see the attached
plan which was incorporated in the original application). Archerd & Dresner,
LLC, llas agreed to lease to Hal Dresner and additionalparking space in the new
hnildlllg to provide the second parking space required under this application.
This additional parking space is highlighted on the attached diagram. This will
provide the additional second space of parking for the owner/manager of the
travell~rs accommodation. Phase H of the Jasmine Building will share a common
ent1Y"l"ay to this parking and it will be convenient and appurtenant to the
travell~rs accommodation unit
All other items referenced in the original application remain unchanged.
~~
RECEIVED
,APR 0 8 2005
City of Ashland
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CONDITIONAL USE PERMIT APPLICATION
February 22, 2005
PROJECT NAME: The Jasmine Building Condominiums
TYPE OF PLANNING ACTION: Request for Conditional Use Permit to use Unit #301 of
the Jasmine Building Condominiums as a traveler's accommodation (hotel/motel unit in the
C-1 District) Ashland, Oregon.
PROJECT INFORMATION:
OWNER/APPLICANT:
Harold Dresner
1550 Tyler Creek Road
Ashland, Oregon, 97520
Tel: 482-5001
ARCHITECT/PLANNER:
Jerome White Architecture
545 A Street, Suite No. 3
Ashland, Oregon 97520t
Tel: 488-2830
SURVEYOR:
L.J. Friar and Associates
816 W. Eight Street
Medford, OR 97501
PROJECT ADDRESS:
180 Lithia Way
Ashland, Oregon 97520
LEGAL DESCRIPTION:
39 1 E 09 BA, Tax Lot 10700
COMPREHENSIVE PLAN DESIGNATION:
Commercial
ZONING DESIGNATION:
C-1-D
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PROJECT IIiISTORY: The Jasmine Building is located at 180 Lithia Way. It is a mixed use
commercial/residential condominium structure that was originally approved in 2002. A second
phase for the project was approved in 2004. The property is a three story mixed use commercial
and residential condominium building that was completed in 2004. On the first floor there are
two retail/oHice condominium suites, and two private residential parking garages. On the
second floor there are six professional office condominium units, and on the third floor there are
two residential condominium units. The building is served by all City services. The building is
located at 1 BO Lithia Way and also faces Will Dodge Way, (a public alley) on its rear elevation.
The site is zoned C- 1 D, the downtown commercial district within the city of Ashland. The second
and third floors of the building are served by an elevator. The purpose of this application is to
obtain a Conditional Use Permit to allow the use of one of the residential units as a traveler's
accommodotion (classified as a hotel/mote! unit in the C-l District).
UNIT DESICRIPTION: Unit #301 is a two bedroom two and one-half bath conventional
condominium. The unit is located on the third floor of the Jasmine Building in downtown
Ashland. The unit is served by two staircases and an elevator. The unit includes exclusive use
of a one-car garage located on the ground floor of the building with access from Will Dodge
Way. The applicant is proposing to use the condominium unit as a Traveler's accommodation
during a pOliion of the year. Traveler's accommodations are classified as hotels and motels in
the downtown commercial district. No parking is typically required in the C-1 D district, hotels
and motels ore a conditional use and parking is required.
FACTS ANID FINDINGS
SECTION 118.104.050 APPROVAL CRITERIA:
A conditionol use permit shall be granted if the approval authority finds that the proposed use
conforms, or can be made to conform through the imposition of conditions, with the following
approval criteria.
A. That the use would be in conformance with all standards within the zoning district in
which the use is proposed to be located, and in conformance with relevant
Comprehensive plan policies that are not implemented by any City, State, or Federal law
or program.
Residential uses are a permitted use within the C-ID zone. The current use of unit
#901 is as a single family dwelling. Hotels and motels are a conditional use in the
C-IIJ zone, and in this case, the proposed use is more similar to a traveler's
accoJmmodation. The condolninium will be rented as one accommodation unit. The
Jasm'ine Building was co.mpleted in ~004 , and Inet all standards of the
Comprehensive Plan and all City regulations at that time.
Page -2-
1-9
.., .
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Quoted above, no parking is typically required in the C-ID District. However,
hotels and motels (the subject~s intended use is a traveler~s accommoda'tion, but this
is classified as a hotel/motel unit) require one space for each guest room, plus one
space for the owner/manager. The proposed conditional use of Unit #~101 is a single
guest room, similar to what is classified as one accommodation unit in a traveler's
accommodation. Typically, hotels and motels require an additional space for an
owner/manager, but in this instance, there will be no on-site management. The unit
is occupied as a traveler's accommodation (hotel room), the owner (in this case the
applicant) will be living at their alternate residence in Ashland.
B. That adequate capacity of City facilities for water, sewer, paved access to and through
the development, electricity, urban storm drainage, and adequate transporlation can and
will be provided to and through the subject property.
The Jasmine Building was approved in ~004, and there is adequate capacity for all
City services to and through the development. The proposed use doe8 not increase
a demand on any Ci~y services. In fact, the proposed use may reduce tile demand on
City services in several ways. First, the unit will most likely not be re.nted 100% of
the time in contrast to an owner-occupied residence or a month-to-.month rental
which is typically occupied 100% of the time. Typical occupancy for hotels and
motels in Ashland is approxima tely 50%.
Secondly, the unit's location close to all tourist related facilities in downtown
Ashland, will encourage the renters to walk to local facjlities. This could potentially
lessen the demand on City transportation services.
C. That the conditional use will have no greater adverse material effect on the livability of
the impact area when compared to the development of the subject lot with the target use
of the zone. When evaluating the effect of the proposed use on the impact area, the
following factors of livability of the impact area shall be considered in relation to the
target use of the zone:
1 . Similarity in scale, bulk, and coverage.
Unit #301 is an existing condominium unit. Its conversion t,o a traveler's
accommoda tion (motel/hotel room) will not increase its scale, bulk, or
coverage.
2.
Generation of traffic and effects on surrounding streets. Increases in pedestrian,
bicycle, and mass transit use are considered beneficial regardless of capacity of
facilities.
Page -3-
bD
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()
()
As mentioned above, the proposed conditional use may actually lessen the
generation oftramc and its effect on City streets. Due to the units location
close to the Oregon Shakespeare Festival and all local restaurants and shops,
the occupants of the traveler's accommodation would most likely walk to
many services. This will reduce the generation of tramc on surrounding
streets, when compared to the same person renting a traveler's
accommodation at a greater distance from the downtown area.
3. Architectural compatibility with the impact area,
The Jasmine Building was approved in fJOOfJ and completed in fJ004. The
building meets all design criteria for the downtown area.
4. Air quality, including the generation of dust, odors, or other environmental
pollutants.
Air quality, generation of dust, odors, or other environmental pollutants will
not be increased by the proposed use.
5. Generation of noise, light, and glare.
Generation ofnoise, light, and glare, will not be increased by the proposed
use.
6. The development of adjacent properties as envisioned in the Comprehensive Plan.
Unit #901 is an existing condominium unit in the Jasmine Building. The use
of the conditional use will not prevent development ofadjacent properties in
any way.
7. Other factors found to be relevant by the Hearing Authority for review of the
proposed use.
Unit #901 is an existing condominium unit in the Jasmine Building. There
do not appear to any other factors relevant for the review of the proposed
use. The applicant will address any other issues should they arise.
Page -4-
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Planning Department, 51 Winburn Way, Ashland, Oregon 97520
541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900
C I T Y 0' F
~~SHlAND
PLANNING ACTION: #2005-00328
SUBJECT PROPERn: 180 Lithia Way
OWNER/APPLICANT: Harold Dresner
DESCRIPTION: PLANNING ACTION 2005-00328 is a request for a Conditional Use Permit to use one of the residential
condominiums in a mixed-use building for one hotel/motel unit for the property located at 180 Lithia Y,{ay. Comprehensive
Plan Design: Commercial; Zoning: C-1-D; Assessor's Map # 391 E09BA; Tax Lot: 10700.
ASHLAND PLANNING DEPARTMENT STAFF PRELIMINARY APPROVAL: Apri/20, 2005
ASHLAND PLANNING COMMISSION HEARINGS BOARD MEETING: May 10, 2005, 1:30 PM
DEADLINE FOR REQUEST FOR A PUBLIC HEARING: May 2, 2005, 4:30 PM
The Ashland Planning Department Staff have preliminarily approved this. request. This planning action will be reviewed by the Ashland Planning Commission
Hearings Board on the. meeting date shown above. The meeting will be at the Ashland Civic Center, 1175 East Main Street, Ashland, Oregon.
No Dublic testimonv.is allowed at this review.
Any affected property owner or resident has a right to request, AT NO CHARGE, a pUblic hearing before the Ashland Pl.anning Commission on this
action. To exercise this right, a WRITTEN request must be received in the Planning Pepartment, 51 Winburn Way, prior 1to 4:30 p.m. on the deadline
date shown above.. The written request for.the.public hearing must include your name, address,.the file number of the planning action and .the
specfficgroundsfor which the decision should be reversed or modified, based on the applicable criteria. IF. YOU DO NOT SPECIFICALLY
REQUEST A PUBLIC HEARING bv the deadline time and date stated above. there will be no Dublic testimonv Dermitted.
If a hearing is requested, it will be scheduled for the following month. Unless there is a continuance, if a participant so requests before the conclusion of the
hearing, the record shall remain open for at least seven days after the hearing.
The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this application,
either in person or by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of
appeal to the Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your right
of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient
specificity to allow this Commission to respond to the issue precludes an action for damages in circuit court.
A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be
provided at reasonable cost, if requested. A copy of the Staff Report will be available for inspection seven days prior to the hearing and will be provided at
reasonable cost, if requested. All materials are available at the Ashland Planning Department, Community Development and Engineering Services, 51
Winburn Way, Ashland, Oregon 97520.
If you have questions or comments concerning this request, please feel free to contact Susan Yates at the Ashland Planning Department, 541-552-2041.
. ~'5 'I
G:\comm-dev\planning\ TemplatesINOTICE-HB I.doc
w
~~
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18.104.050 Approval Criteria
A conditional use pelrmit shall be granted if the approval authority finds that the proposed use conforms,
or can be made to conform through the imposition of conditions, with the following approval criteria.
A. That the use would be in conformance with all standards within the zoning district in which the use is
proposed to be located, and in conformance with relevant Comprehensive plan policies that are not
implemented by any City, State, or Federal law or program.
B. 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.
C. That the conditional use will have no greater adverse material effect on the livability of the impact
area when comparee! to the development of the subject lot with the target use of the zone. When
evaluating the effect of the proposed use on the impact area, the following factors of livability of the
impact area shall be considered in relation to the target use of the zone:
1. Similarity in scale" bulk, and coverage.
2. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass
transit use are considered beneficial regardless of capacity of facilities.
3. Architectural compatibility with the impact area.
4. Air quality, including the generation of dust, odors, or other environmental pollutants.
S. Generation of noise, light, and glare.
6. The development of adjacent properties as envisioned in the Comprehensive Plan.
7. Other factors found to be relevant by the Hearing Authority for review of the proposed use.
55
G:\comm-dev\planning\Templates\NOTICE-HB l.doc
'. )
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AFFIDAVIT OF MAILING
STATE OF OREGON
County of Jackson
The undersigned being first duly sworn states that:
1 . I am employed by the City of Ashland, 20 East Main Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On ADril 21, 2005, I caused to be mailed, by regular mail, in a sealed
envelope with postage fully prepaid, a copy of the attached Public Meeting Notice
to each person listed on the attached mailing list at such addresses as S€!t forth on
this list under each person's name for Planning Action # 2005-00328.
a~21<14~t?k-
Signa e of Employee
SIGNED AND SWORN TO before me this 21 day of April, 2005.
OFFICIAL SEAL
NANCY E SLOCUM
NOTARY PUBLIC - O~~G?~r'
COMMISSION NO. v' ie~J
MY COMMISSION EXPIRES SEPT if,:
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ATTN: LEGAL PUBLICATIONS (JODY)
(~
.
MEETING NOTICE
NOTICE IS HEREBY GIVEN that the Ashland Planning Department preliminarily approved the following
requests. The ac1tions will be reviewed by the Ashland Planning Commission Hearings Board at 1 :30
p.m. on May 10, 2:005 at the Ashland Civic Center, 1175 East Main Street, Ashland, OR. No public
testimony is allow1ed at this review. Any affected property owner or resident has a right to make a written
request for a pub He hearing before the Ashland Planning Commission prior to 4:30 p.m., May 2, 2005 to
the Planning Department, 51 Winburn Way, Ashland, OR.
Request for a Variiance to reduce the front yard setback from 20 feet to 14 feet at the property located at
973 C St. Compre!hensive Plan Designation: High Density Multiple-Family Residential District; Zoning:
R-3.
Request for a Conditional Use Permit to convert an existing guest house at the rear of the parcel to an
accessory residential for the property located at 338 Scenic Dr. Comprehensive Plan Designation:
Single-Family Residential (7,500 square foot minimum lot size within the Skidmore/Academy Historic
District) Zoning: R-1-7.5. .
Request for a Modification of a Conditional Use Permit for the property located at 993 Siskiyou
Boulevard. The proposed modification includes installing a handicapped accessible entry (ramp/porch)
at the northeast corner of the existing building, remodeling the. basement area to provide a two-bedroom
apartment, and re.Tloving four existing parking spaces to provide additional landscaped area.
Comprehensive Plan Designation: Low-Density Multi-Family Residential; Zoning: R-2
Request for a Site Review approval for an office and warehouse building located at 2565 Siskiyou
Boulevard. A Tree! Removal Permit is also requested to remove seven trees six inches diameter at
breast height (dbh) and greater. Comprehensive Plan Designation: Employment District with Residential
Overlay. Zoning: E-1.
Request for a Conditional Use Permit to use one of the residential condominiums in a mixed-use building
for one hotel/motel unit for the property located at 180 Lithia Way. Comprehensive Plan Design:
Commercial; Zoning: C-1-D.
Request for a Site Review approval to construct eight residential condominium units on the property
located at 66 N. M~ountain Ave. A Tree Removal Permit is requested to remove a Black Walnut located
in the northeast corner of the parcel. Comprehensive Plan Design: High Density Multi-Family
Residential; Zoning: R-3.
In compliance with the Americans with Disabilities Act, if you need spedal assistance to partidpate in this meeting, please contact the Oty
Administrator's office at (S41) 488-6002 (TlY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the dty to
make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I).
By order of the Planning Director
John McLaughlin
Publish: 4/27/05
Date e-mailed: 4/22/05
Purchase Order: 61530
57
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Owner's Name: ARCHERD & DRESNER LLC Phone:
Customer #: 02503 State Lic No:
HAROLD DRESNER City Lic No:
Applicant:
Address:
Sub-Contractor:
Phone: Address:
Applied: 02123/2005
Issued:
Expires: 08/22/2005 Phone:
State Lic No:
Maplot: 391 E09BA10700 City Lic No:
DESCRIPTION: CUP request for 1 unit hotel/motel
No pre-app required
Occupancy Type
Construction
Units
Rate Amt
Actual Amt Constuction Description
Total for Valuation:
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COMMUNITY DEVELOPMENT
20 East Main St.
Ashland. OR 97520
www.ashland.or.us
Tel: 541-488-5305
Fax: 541-488-5311
TTY: 800-735-2900
Inspection Request Line: 541-552-2080
5t
C,ITY OF
ASHLAND
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Type I Planning Action
Permit Number: PA-2005-00328
I hereby certify the contents of this application to be correct to the
best of my knowledge, and furthermore, that I have read,
understood and agreed to the following:
Fee Summary
Paid Amounts
1. This permit shall remain valid only in accordance with code
or regulation provisions nelating to time lapse and revocation
(180 days).
2. Work shall not proceed past approved inspection stage. All
required inspections shall be called for 24 hours in advance.
3. Any modifications in plans or work shall be reported in
advance to the department.
4. Responsibility for complyiing with all applicable federal, state,
or local laws, ordinances, or regulations rests solely with the
applicant.
Building: $ 0.00
State Surcharge: $ 0.00
Development Fees: $ 0.00
Systems Development Charges: $ 0.00
Utility Connection Fees: $ 0.00
Public Works Fees: $ 0.00
Planning Fees: $ 808.00
Sub-Total: $
Fees Paid: $
Total Amount Due: $
Applicant
Date
COMMUNITY DEVELOPMENT
20 East Main 81.
Ashland, OR 97520
www.ashland.or.us
Tel: 541-488-5305
Fax: 541-488-5311
TTY: 800-735-2900
51
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 808.00
808.00
808.00
o
Inspection Request Line: 541-~i52-2080
CITY OF
ASHLAND
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.~ Planning Departm~t
C I T Y 0 F 51 Winburn Way, Ashland OR 97520
A.SHLAND 541-488-5305 Fax 541-488-6006
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PLANNING ApPLICATIOJ., ~\
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File # ;017- ~O 5 - a::;,dS
Date Received ~ - ~d --vS
Type J
F'l' $ V'/JQ tk:)
ling Fee (Je../ () .
Zoning
Comp Plan Designation
Minor Land Partition Outline Plan (# Units) Zone Change
Variance Final Plan Comp Plan Change
Conditional Use Permit Site Review Staff Permit
Boundary Line Annexation Solar Waiver
APPLICATION IS FOR:
Application pertains to
(chapter, section, subpart)
of the Ashland Municipal Code.
. Name
APPLICANT
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Address / ~S~ 7r Len.
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E-Mail un/con (i)0711J/~.
(for e-mailing StatJReport)
Phone Vcf 2- -Si:xJ I
Zip ;7J'1
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Address
Zip
SUVEYOR ENG][NEER ARCIDTECT.. LANDSCAPE ARCHITECT
Name Phone
Address
City
Zip
DESCRIPTION OlF PROPERTY
Street Address -.L cf-o i-- 17M. fJ- LA--A-)
Assessor's Map No. 39 IE () 115 A-rax Lot(s) /Q ~ 0 a
On a separate sheet of paper, list any covenants, conditions or restrictions concerning use of the property or
improvements contemplated, as well as yard set-back and area or height requirements that were placed on the
property by subdivision tract developers. Give date said restrictions expire.
I; ,
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'FINDIN:GS OF FACT
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. Type your response to the appropriate zoning requirements on another sh1eet(s) of paper and
enclose it with this form. Keep in mind your responses must be in the fonn of factual
statements or findings of fact and supported by evidence. List the findings criteria and the
evidence that SUDDortS it.
I hereby certify that the statements and infonnation contained in this application, including the
enclosed drawings and the required findings of fact, are in all respects, true and correct. I
understand that all property pins must be shown on the drawings and visible upon the site
inspection. In the event the pins are not shown or their location found to be incorrect, the owner
. assumes full responsibility.
I further understand that if this request is subsequently contested, the burden will b~ on me to
establish:
1) that I produced suffi~ient factual evidence at the hearing to support this request;
2) that the findings of fact furnished justifies the granting of the request;
3) that the findings of fact furnished by me are adequate; and further
4) that all structures or improvements are properly located on the ground.
Failure in this regard will result most likely in not only the request being set aside, but also
possibly in my' structures being built in reliance thereon being required to be removed at my
expense. If I have any doubts, I am advised to seek competent professional advice and
assistanpe.
{J-~ 2-- Z-}~(j,r-
Applicant's Signature Date
As owner of the property involved in this request, I have read and understood the complete
application and its consequences to me as a property owner.
~tur~ Date 2--- ~ '2--5 'lJ r
NOTICE: Section 15.04.240 of the Ashland Municipal Code prohibits the occupancy of a buildtng or a release
of utilities prior to the issuance of a Certificate of Occupancy by the Building Division AND the completion of
all zoning requirements and conditions imposed by the Planning Commission UNLESS a satisfactory
performance bond has been posted to ensure completion. VIOLATIONS may result in prosecution and/or
disconnection of utilities.
~~
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LITHIA
WAY
JEROME WHITE
ARCHITECTURE
5 4 5 A STREET
SUI T E NO. 3
ASHLAND, OR
9 752 0
tel 541.488.2830
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ASSESSOR'S MAP T.39, R.1E, S.09BA, TAX LOT 10700
OWNER: ARCHERD & DRESNER, LLC
P.O. BOX R99. ASHLAND. OR 97520
PH: (541) 482-8856
CITY O-F
ASHLA.ND
Council Communication
Adoption of Engineering Design Standards
for Public Infrastructure Improvements
Meeting Date: August 16, 2005
Depat'tment: Public Works
Contributing Departments: Comm Dev / Planning
Approval: Gino Grimaldi
Primary Staff Contact: Joe Strahl, 552-2411
strahlj@ashland.or.u~~
Secondary Staff Conta~t: Pieter Smeenk,
552-2413 smeenkp@ashland.or.us
Estimated Time: 30 Minutes
Statement:
The need for a revised set of engineering standards for public infrastructure improvements has
been apparent for some time. The recently revised set of comprehensive engineering standards
for public improvements includes common standard details and specifications and City specific
standards to accommodate differences across participating communities.
This item allows Council to acknowledge improvements to the new standards and adopt those
standards that are common to all communities as well as the specific City of Ashland elements.
Background:
The primary design reference available for engineers to design public infrastructurt~ projects
within City of Ashland was developed in the early 1970s. There have been considt~rable changes
in both the engineering design community's practices and the City's approach to dl~velopment
standards since then, and the document had become outdated. The City of Ashland typically
adopts the Oregon Department of Transportation (ODOT) and/or the American Public Works
Association (APW A) standards by default. The City of Medford faced a similar situation, and
this problem was common to other communities in the Rogue Valley. In response to a growing
need for standard engineering practices and a need to acknowledge specific elements for
individual communities, engineers from Medford and Ashland Public Works Departments began
meeting regularly to develop a standard that could fit both cities. The City of Eugene's manual
was used as a starting point and the standards were modified to include information from many
other sources.
Over the past two years, it has been staff s goal to develop a consistent and compn::hensive set of .
engineering standards for public infrastructure improvements. The document that has been
produced exceeds that expectation. Ashland's engineering staff along with the City Engineers of
Medford, Jacksonville, and several other communities and special districts in the area, have
worked together to build a consistent set of basic engineering standards. The standard is
organized to allow specific agencies to incorporate their community specific requirements in a
consistent manner without requiring approval of other participating communities or agencies.
G:\pub-wrks\admin\PB Council\CC Engineering Standards 18Jan05.doc
The document includes common standard details and specifications that participating
communities utilize in common, thereby reducing bidding complexity and construction costs for
typical Publie Works construction projects. Private developers building public improvements
will also be r,equired to utilize these standards. City Council received copies of the standards in
March for their review. Copies of the binder containing the revised Engineering Design
Standards for Public Infrastructure Improvements may be reviewed in the engineering office.
After distribution and adoption by Council, updates will be available to download from the
Ashland website.
The term Public Improvement refers to roadwork, pipelines, bridges, subdivisions and other
publicly owned facilities constructed in public utility easements or the public right of way. It
does not generally pertain to building construction, parking lots, or site work done on tax lots,
even if those lots are publicly owned. Those types of construction activities are generally
governed by the Building Code and inspected by the Building Department. However, as
required, the private developers may also be required to build portions of their developments to
public improvement standards.
While most of the new standards contain information that has changed in only small. ways, ,
several signiJticant changes are present:
1. Stornl drainage systems in Ashland will be required to include a water quality
improvement component if the increase in impervious area resulting from a project
excee:ds a threshold of 5,000 square feet (SF).
In parts of the city where the storm drain system is presently undersized, the preferred
method of improving water quality will be through "detention", which refers to systems
that slow down the flow of water leaving a site, thereby allowing suspended solids to
settle out before the water can reach the natural stream flow. These systems are already
widely in use, and they not only improve water quality, but also improve the conveyance
capacity of our storm drain system.
In parts of the city where the storm drain system is adequately sized, bio-swales and other
accepted natural methods of improving water quality are the preferred method. The
requirements currently exceed minimum standards, but these measures were introduced
in the~ City's 1999 Storm Water and Drainage Master Plan and will contrib~te towards
meeting anticipated NPDES phase 2 requirements.._
2. New requirements for additional preservation of historical markers and unique historical
public works structures are included to prevent disturbing Ashland's history.
3. Ashlcmd' s water system construction standards have been tightened, and although we
retain some unique characteristics, they will more closely match Medford Water
Commission standards.
4. The A.shland Electric Department has recently changed from previously providing new
facility construction to now requiring that private developers construct new electrical
~distribution system facilities. This required new performance standards be developed for
that vlork with the City reviewing design, construction and inspections. The electric
department has done most of that work, but the standard is included with this manual to
facilitate distribution and improve awareness of the changes.
CC Engineering Standards 18Jan05.doc
r~'
Page 2 of3
5. Landscaping Standards developed for the Ashland's Parks Department are now being
implemented citywide. Tree protection, erosion control, and other enviromnental
protection efforts initiated by various commissions and the Community Development
Department are emphasized in the specifications to ensure that implementation of these
requirements is clearer and easier.
6. Electronic As-Built Survey drawings will now be required upon completion for all public
improvements in order to obtain accurate location information that can be readily
incorporated into our GIS system and made readily available to the public through the
Jackson County Smartmap system (www.smartmap.org).
In August of 2003, the draft was released to the local engineering community for re:view and
comment, and in December, a group of those engineers proposed that a comprehensive review be
undertaken by a representative group of local engineers, developers, surveyors, and contractors.
A technical advisory group (TAG) was proposed and then formed, and their review. is nearing
completion. Representatives from the Rogue Yalley Sewer Services (formerly known as
BCYSA) are also participating, and the relatively recently consolidated ODOT/AP'W A standard
construction specifications have been incorporated into the document to provide as much
standardization and coordination with state agencies as practical/possible. The Teclmical
Advisory Group has proposed to continue to meet on a regular basis to review updates to the
manual to keep it current and useable. The Public Works Director would be responsible
ultimately for accepting any proposed revisions.
Related City Policies:
Ashland Municipal Code
Ashland Community Development Land Use Criteria
Council Options:
Hopefully, Council will accept the staffs recommendation to approve the revised Engineering
Design Standards for Public Infrastructure Improvements. However, if the revised standards are
not adopted, the City's will adopt the Oregon Department of Transportation (ODOT) and/or the
American Public Works Association (APW A) standards by default, and will not be able to have
specific standards that fit the needs of the City. .
Staff Recommendation:
Staff recommends adoption of the Engineering Design Standards for Public Infrastructure
Improvements, as a basis for the types of engineering within the City Limits. Further revisions
will be reviewed by the Engineering Division staff and approved for inclusion by the Public
Works Director.
Potential Motions:
Council moves approval to adopt the Engineering Design Standards for Public Infrastructure
Improvements.
Attachments:
None - the entire revised the Engineering Design Standards for Public Infrastructw~e
Improvements may be reviewed in the City's Engineering office at 51 Winburn Way.
CC Engineering Standards 18Jan05.doc
r.,
Page 3 of3
CITY 01:
ASHLAr~D
Council Communication
\, ,
Ninth Annual Report on Implementation of the Valdez Principles:
Meeting Date: August
Department: Electri
Contributing Departments: All
Apprqyal: Gino Grimaldi
Primary Staff Contact: Dick Wanderschei<L 552-
2061 wandersd@ashland.or.us
Secondary Staff Contact: None
E-mail: None
Estimated Time: 10 minutes
Statement:
The lOth Valdez Principle requires an annual report on,implementation. This is the Ninth. annual report
submitted to the council. It is not time sensitive.
Background:
The Ashland City Council adopted the ten Valdez Principles in May, 1990. The lOth principle requires an
annual report on implementation. This is the ninth report to the Council. The report consists of listing
programs, initiatives and City activities that support each of the principles. It is an ongoing, growing list
with new items and descriptions added in italics. In active programs have been put in parenthesis to show
their inactive status. Also, attached is a copy of the original Valdez principles as adopted in 1990.
Related City Policies:
Not applicable.
Council Options:
Not applicable.
Staff Recommendation:
None
Potential Motions:
Not applicable.
Attachments:
Valdez Principles
1
r.,
City Activities and Initiatives that Support the Valdez Principles
October, 2003
(Items in Italics are new to the list this year)
1.
PROTECTION OF THE BIOSPHERE
\ \
a) Environmental and Physical Constraints Ordinance
b) Flood Plain Ordinance
c) Herbi1cide Policy
d) (Ashland Watershed Partnership Participation and Policy)
e) (Roce. Creek Project)
f) (Ashl;and WTP Wetlands Demonstration Project)
g) Hillside Development Ordinance
h) (Ashl;and Creek Restoration Project)
i) Air Quality Programs
j) Storm Water Master Plan
k) Fire Department Vehicle Washing Policy
I)
Riparian Ordinance Revisions
.
m) (Ashl;and WVVTP Upgrade)
n) Street Standard Revisions
0) Stoml Drainage Cleaning and Maintenance
p) Erosion control planning and bank stabilization measures in Public Works projects
q) (Instclllation of storm ceptor in new Winburn Way Bridge)
r) Construction Training for creek protection by Public Works
s) (Granite Street Quarry Restoration Project)
t) (Pistol range restoration project)
u) Tree Preservation Ordinance
v) (Installation of storm ceptor in Gresham Street as part of the Library Project)
w) (Bioswale on the Elk s parking lot)
Page 1 of?
x) Oil and grease separator at the new Fire Station
y) Riparian & Wetland Area Inventory
z) Tree Replacement Rebate Program
aa) Riverwalk Ponds , \
bb) (Siskiyou Blvd Reconstruction)
cc) Dewatering Centrafuge at \N\NTP
dd) Purchase of New Bio-fuel Tank-
The Cemetery Fleet, the Street Sweeper, and one public work s vehicle is operating on
bio-diesel. We have been using a borrowed tank to store bio-diesel. The City will be
purchasing our own tank to replace the borrowed one.
2. SUSTAINABLE USE OF NATURAL RESOURCES
a) Renewable Resource Generation Policy (net metering)
b) City's Solar Water Heating Program
c) Performance Standards Development Ordinance
d) Transportation Plan
e) Bicycle Commission activities
f) City Open Space Acquisition Plan
g) Comprehensive Water Supply Study
h) Ashland Solar Pioneer Program
i) New bike path al<;>ng Railroad ROW
j) (Certified Wood Program)
k) 200/0 water conservation goal of Comprehensive Study
I) Chamber of Commerce Wise Resource Usage Booklet provided to every household in Ashland
was distributed in the spring of 2005
m) 0Nater efficient landscaping tour)
n) Green Power purchase by the City
0) Natural gas vehicle
Page 2 of7
p) (Tram)portation, Transit and Parking Initiative)
q) "B" Street subsurface drip irrigation system and signage
r) Irrigation signage at Copeland lot and Wilderness Charter School
s)
Solar Electric Rebate Program
\ \
t) (Rate Mitigation Agreement with BPA)
u) (Use of certified wood in Hillah Temple Project)
v) Solar electric system installation at Ashland Middle School
w) Affiliated Marketing agreement with the Bonneville Environmental Foundation (BEF) for the sale
of GrE~en Tags
x) New Solar Electric System at Wilderness Charter School
y) Increased Solar Electric and Water Heater Rebate
z) Efficient Refrigerator Incentive
aa) Earth Advantage Program
bb) Siskiyou Blvd Reconstruction
3. REDUCTION AND DISPOSAL OF WASTE
a) City's recycling 'programs
b) Styrofoam Ban
c) Composting Programs
d) Cons43rvation Commission activities
1) (Tree free paper utility bill insert)
2) (Green Schools Program)
3) (Conservation Commission video productions)
4) (Jefferson Monthly articles)
5) Green Business Program
6) Adopt-A-Street Program
7) (Water efficient landscaping tour)
8) (Water wise newspaper articles)
Page 3 of7
9) (Energy conservation newspaper article series)
10) (TI D education project)
11) (Newspaper article series on recycling)
12) (Earth Day event at North Mountain Park" 2nd annual event held in 20(3)
13) (Rain Water Catchment Class)
14) Solar Home Tour
15) Earth Day event at N. Mountain Park, :{ri Event held in 2005
16) Greening the World Wel/ness Weekend
The Commission purchased enough green tags to offset the Carbon for the
energy use of the event and the travel of the 2 key note speakers.
17) Cities for Climate Protection
The City joined in the Cities for Climate Protection Program and has worked with
SOU Students to develop the necessary inventories and data collection to begin
implementation of the project.
e) Minimize the use of chemicals in City Public Works operations
f) Asphalt reuse by Public Works
g) Revision to City's Styrofoam Ordinance
h) Water based street paint
i) Switch from diesel fuel to propane for fire extinguisher training conducted by Fire Department
j) Ashland Sanitarys Yard Debris Pick-Up Program
k) Recycled Paper
I) Increase Recycling Opportunities
m) Temperature study for the WWTP Effulent
The City has hired CarroI/o, & Assoc. to study the most cost effectivf~ way to deal with
the elevated temperature of the WWTP effulent.
n) Piping of Filter Backwash Water to the WWT Plant.
This is a piping system that sends water used to backwash the filters at the City s water
treatment plant directly WWTP which ensures that this water is treslted before being put
into AshlandlBear Creek. -
Page 4 of7
4. WISE USE EtllERGY
a) Performance Standards Development Ordinance
b) TranslPortation Plan
c) ConsE~rvation Commission activities
d) (Resource Conservation Manager Program (City, SOU, School District and Ashland Chamber of
Comnlerce))
e) Energy and Water Conservation Programs
f) (Certi1ied Wood Program)
g) City's natural gas vehicle
h) ConsE~rvation Augmentation Agreement with SPA
i) Council allocation of money to provide free bus services in AshlandinFY 200A+QQ,:."'Z'",..",,,,
j) (New Commercial Resource Conservation Audit cost-share program conducted in conjunction
with ()regon Manufacturing Extension Partnership (OMEP))
k) Ashland/SPA Power Shift Pilot Program
I) Use of Sio Diesel in the City Fleet
m) Use of Soy Oil in Electric Transformers
n) The Gitys Public Works Department will be purchasing a New Hybird vehicle for use by the
Water Department.
5. RISK REDUCTION
a) Herbi1cide Policy
b) EMF Policy
c) Revis ions to City Emergency Management Plan
d) Ongoing training and simulations of emergency situations
e) Ongoing safety training of City field personnel
f) (Y2K preparedness)
g) Community Emergency Response Team Program
h) (Fire and Police Department videos)
i) (School safety programs)
Page 5 of7
j) New fuel tanks at the City yards and airport
k) (Riparian video)
I) (Riparian workshops)
m) (Wildfire forums)
n) (Siskiyou Blvd Reconstruction)
0) Community Wildfire Plan
6. SAFE PRODUCTS AND SERVICES
a) "" Herbicide Policy
b) Environmental training for Public Works field personnel
c) Consultation by Public Works with AWP members or other local experts on appropriate
environmental techniques
d) Construction notices to affected properties in advance of Public Works projects
e) (Certified Wood Program)
7. DAMAGE COMPENSATION
a) (Ashland Creek Restoration Project)
8. DISCLOSURE
a) Herbicide Policy
b) EMF Policy
c) Environmental training for City field personnel
d) Construction notices for City projects
e) (1998 Water Quality Report (published July 1999))
f) (1999 Water Quality Report (published June 2000))
g) (2000 Water Quality Report)
h) (2001 Water Quality Report)
i) (2002 Water Quality Report)
j) (2003 Water Quality Report)
k) 2004 Water Quality Report
I) (City Source Energy Conservation video)
Page 6 of7
m) (City Source Water Conservation video)
n) Wildfire Hot Line
9. ENVIRONMENTAL DIRECTORS AND MANAGERS
Dick Wanderscheid has Environmental Affairs as a designated responsibility.
10. ANNUAL ASSESSMENT
This is the ninth annual report submitted to the City Council as required by the 10th of the Valdez
Principles.
Page 7 of7
Valdez Principles
By endorsing these Principles, we publicly affirm our belief that the City of Ashland, Oregon, has a direct responsibility for the
environment. We believe that we must conduct the public's business as respOnsible stewards of the environment and seek goals
only in a manner that leaves the Earth healthy and safe. We believe that the City must not compromise the ability of future
generations to sustain their needs.
We recognize this to be a long-term commitment to update our practices continually in light of advances in technology and new
understandings in health and environmental science. We intend to make consistent, measurable progress toward the ideal that
these principles describe, and to apply them wherever we operate, in a manner consist~nt with our other obligations under law.
1.
Protection of the Biosphere.
6.
Safe Products and ServicE~s.
We will minimize and strive to eliminate the
release of any pollutant that may cause -
environmental damage to air, water or earth or its
inhabitants. We will safeguard habitats in creeks,
ponds, wetlands, natural areas and will minimize
contributing to global warming; depletion of the
ozone layer, acid rain or smog.
We will provide services that minimize adverse
environmental impacts and that are safe for
consumers. We will inform consumers of the
environmental impacts of our service.
7.
Damage Compensation.
2.
Sustainable Use of Natural Resources.
We will take responsibility for any harm we cause
to the environment by making every effort to fully
restore the environment and to compensate those
persons who are adversely affected.
We will make sustainable use of renewable natural
resources, such as water, soils and forests. We
will conserve nonrenewable natural resources
through efficient use and careful planning. We will
protect wildlife habitat, open spaces and
wilderness, while preserving biodiversity.
8.
Disclosure.
3.
Reduction and Disposal of Waste.
We will disclose to our employees and to the
public incidents relating to our operations that
cause environmental harm or pose health or
safety hazards. We will disclose potential
environmental, health or safety ~azards posed by
our operations, and we will not take any action
against employees who report any condition that
creates a danger to the environment or poses
health and safety hazards.
We will minimize the creation of waste, and
wherever possible, recycle materials. We will
dispose of all wastes through safe and responsible
methods.
4.
Wise Use of Energy.
9.
Environmental Directors and
Managers.
We will make every effort to use environmentally
safe and sustainable energy sources to meet our
needs. We will invest in and promote energy
efficiency and conservation in our operations and
that of our citizens.
At least one member of mana~lement will be a
person qualified to represent environmental
interests and will commit management resources
to implement these Principles.
5.
Risk Reduction.
10.
Annual Assessment.
We will minimize the environmental, health and
safety risks to our employees and the communities
in which we operate by employing safe
technologies and operating procedures and by
being constantly prepared for emergencies.
We will conduct and make public an annual self-
evaluation of our progress in implementing these
Principles and in complying with all applicable laws
and regulations.
Endorsed by the Ashland City Council May 15, 1990
CITY Ol~
ASHLAr~D
Council Communication
Quarterly Financial Report: April - June, 2005
Meeting Date:
Department:
Contributing Depts:
ApprQval:
August 16, 2005
Administrative Services ~
N/A
Gino Grimaldi, Administrator
Primary Staff Contact: Lee Tuneberg, .BI-1...
Finance Director, 552-2003
tuneberl@ashland.or.us
Secondary Staff Contact: N/ A
Estimated Time: 10 minutes
Statement:
This is the quarterly financial report for the City (including Parks & Recreation) providing
preliminary end-of-year information (unaudited and unadjusted) on the financial position of the
City relating to cash & investments and budgetary revenues and expenditures. Council
acceptance of this report is requested.
Background:
The Administrative Services Department submits reports to Council on a quarterly basis to
provide assurance of budget compliance and for informational and comparative purposes
throughout the year. Information can be provided in differing formats and timetables at
Council's request.
Unaudited, detailed balance sheets, revenues and expenditure reports are available fbr your
review in the Administrative Service Department office should you require any additional
information.
The reports are intended to present information in formats consistent with the department, fund
and business activity presentations included in the adopted FY 2004-05 budget document and the
manner in which it will be shown in the end of year report.
Financial numbers for the fourth quarter are good indicators of budget compliance iJt1 that enough
time has elapsed to evaluate the City's position in relationship to adjusted appropriations for the
year according to Oregon Budget Law. No changes to appropriations can be made after June 30.
Cash remains higher than the prior year balance from refinancing Ashland Fiber Optic
Network's internal debt. Operating revenues are at 99% of budget. The Personal Services
category is at 95% of budget city~wide and Materials & Services is at 92% with Debt Service at
98%. This is closer to budget than prior years, and is to be expected, as the city limits the
increase in appropriations yet many operational costs grow beyond inflationary caps and our
control.
1
r~'
-. ---"----.--.-----.""'. -. .
CITY OF
ASHLAND
Capital Outlay is ending the year at 54% of budget due to delays in acquiring some equipment
and capital projects lagging due to weather and other barriers to scheduling. Total Ending Fund
Balance is $8.3 million above the prior year whereas it was almost $11 million above at the end
of December.
Related City Policies
City of Ashland Financial Management Policies, Budget Document Appendix
Council Options:
Council may accept this report as presented, recommend modifications as discussed or defer
acceptance (takes no action) awaiting further information or clarification.
Staff Reconlmendation:
Staff recomlnends acceptance of this report as presented.
Potentiall\1:otions:
Council moves to accept the quarterly report as presented.
Council mov~~s to accept the report as modified by discussion.
Council takes no action pending further information or clarification.
Attachmel1lts:
Attached is the City of Ashland financial report for the fiscal year ended June 30, 2005. This
report includes:
1. Financial Narrative (pages i-iii)
2. Summary of Cash and Investments as of June 30 for the last two years (page 1)
3. Combined Statement of Financial Position City Wide (page 2)
4. Schedule of Revenues by Fund (page 3)
5. Schedule of Budgetary Compliance per Resolution #2004-18 (pages 4-7)
The numbers presented are unaudited and unadjusted.
2
r~'
CITY ()F
AS H Lfl~N D
Financial Narrative
Summary of Cash and Investments provides an understanding of changes in the city's cash
position across funds and investment types. Please note that the city-wide cash balance has
increased $8.1 million dollars between years. The balance decreased $1.5 million in June as
capital projects were done and due to accruals of expenses from July to close the year.
The Combined Statement of Financial Position is similar to presentations provided in the
annual financial report. It is intended to provide the reader an overall sense of the City's
financial position at the present time. The Ending Fund Balance is $26.5 million, $83 million
more than budgeted and $9.6 million more than existed last year at this time, primarily due to
-refinancing and less being spent on capital projects. Scheduled projects "pushed" to thenexL.
fiscal year will significantly impact cash balances.
Revenues and Budgetary Resources at June 30, 2005 total $78,618,820 as compared to total
year-to-date requirements of $68,856,723 which results in a $9.8 million increase to
Unappropriated Ending Fund Balance. This is $6.9 million better than the City's budgeted $2.8
million excess resources over requirements for the year. Additionally, the City carried over $1.4
million more in working capital than was anticipated.
On a city-wide basis, only Assessment Payments and Intergovernmental Revenues did not
exceed or come within 2% of anticipated resources. Preliminary Operating Transfers remained
below the 50% mark but year end work is not complete and these numbers will be inlpacted by
adjustments.
Interest on investments is over 89% above budget due to better rates and larger cash balances
than projected.
Total Reauirements are below budget showing an 88% level. This comparison has a tendency to
be above budget in the first half of the fiscal year and then drop into compliance at the end of
year as staff adjusts for necessary changes in the latter months.
Personal Services is 95% indicating nearly full employment per the budget but actually
representing slightly higher over time and temporary help offsetting monies being salved due to a
few vacant positions.
Materials & Services is a comfortable 92% of budget with $2.3 million unspent how'ever, that is
likely to drop as final expenses are realized. Capital Outlay is at only 54% for the re:asons
mentioned above. Budgetary Requirements - Operating Transfers is at 470/0 with some final
quarter transfers waiting to be done as needed and Interfund Loans were nearly 99%, as required.
Total Contingency originally budgeted was $1,703,018 with $1,014,662 unused at year end.
r&,
CITY OF
ASHLAND
The Schedul,e of Revenues by Fund provides an overview of all resources for the year. In many
funds revenues were near (980/0 or above) budget with a city-wide average of 97%. Significant
shortfalls were CDBG, Airport, and Debt Service funds where intergovernmental revenues or
financing proceeds did not match what was projected.
The Capital Improvement and Cemetery funds realized additional revenues from charges for
service and interest earnings that were consistent with related activities and cash balances.
The Schedul,e of Budgetary Compliance is intended to present expenditures on a budget basis
by fund consistent with the resolution adopting appropriation levels in the budget compliance
section of the: document. Appropriations were adjusted several times during the year by
supplemental budget and transfers of appropriations, adjusting to the changes in conditions
during the year. With those changes the City avoided any budget violations.
An overview of funds is as follows:
General Fun4 - Total expenditures are 90% with $44,636 in Contingency unused. Interest
revenue was triple the amount budgeted and $700,000 more in fund balance will be carried
forward.
CDBG Fund - Expenditures are 82% of budget with preliminary reveneues from reimbursements
less than projected resulting in a $8,500 deficit that is guaranteed by the General Fund.
Street Fund -. All expenditures categories are below budget with some project costs deferred to
next year and intergovernmental revenues up resulting $960,000 more carry forward.
Airport Fund - Only $120,000 of the $200,000 interfund loan from the Water Fund has been
used. This coupled with less intergovernmental revenues results in $103,150 carry forward.
Capital Improvements Fund - Expenditures are at 32% with revenues SDCs and service charges
well over 100% of budget resulting in an increased carry forward of $240,000 over.projected.
Debt Service Fund - Revenues and expenditures for the year are nearly equal. The carry forward
is less than projected but acceptable given the projections for next year.
Water Fund -- The fund ended with revenues and expenses well below budget and projections,
primarily due: to changes in capital project and related financing being pushed into the next year.
Wastewater Fund - Revenues met the budgeted amount and expenses were held to 90% of
budget (including $134,000 in unspent Contingency) resulting in an $800,000 added carry
forward.
Electric Fund; - Total revenues met budget and expenses were 6% below budget resulting in a
$440,000 larger carry forward than projected.
11
r~'
CITY ()F
ASH Lfl~N D
Telecommunications Fund - Revenues and expenses ending near 980/0 of budget resulting an
$860,000 positive differential due to borrowing and subsidy. The carry forward is approximately
$40,000 less than projected.
Central Services Fund - Expenditures for all divisions are below the 96% mark with revenues
below 95%. This is resulting in a $60,000 smaller carry forward than predicted.
Insurance Services Fund - Material adjustments occur as part of the audit so that information at
this time is tentative. At this time the carry forward is $92,000 above projections with charges
and interest earnings at 98% of budget and expenses at 660/0.
Equipment Fund - Equipment total revenues is 98% of budget and expenses are 74%1 including
$175,000 in Contingency unspent. The carry forward is $90,000 over the prediction due to
equipment being delivered after the end of the fiscal year requiring it to be re-budget,ed in the
next year.
Cemetery Trust Fund - Carry forward is $11,000 above projection due to increased interest
earnings that will need to be transferred by supplemental budget in FY 2005-06.
Parks and Recreation Fund - Revenues and expenditures ended very consistent with projections
resulting in a carry forward within $30,000 of budget.
Ashland Youth Activities Levy Fund - Revenues at 1020/0 of budget and expenses at 100%
results in a carry forward slightly under projection.
Parks Capital Improvements Fund - Revenues at 102% of budget and expenses at 100% results
in a carry forward slightly above projection.
Unaudited, detailed balance sheets, revenues and expenditure reports and fund staternents are
available for your review in the Administrative Services Department office should you require
any additional information.
111
r.,
City of Ashland
_Summary of Cash and Investments
June 30, 2005
Increase(Decrease) Balance Balance Change From
Fund Current Quarter June 30, 2005 June 30, 2004 FY 2004
General Fund $ (899,451 ) $ 2,001,651 $ 2,030,955 $ (29,304)
Community Block Grant Fund 207,258 215,177 36,507 178,670
Street Fund 414,743 1,546,002 1,339,218 206,784
Airport Fund 138,967 140,677 315,976 (175,299)
Capital Improvements Fund 153,162 852,686 332,021 520,665
Debt Service Fund (157,205) 428,719 413,079 15,640
Water Fund (371,371 ) 7,066,931 4,935,570 2,131,361
Wastewater Fund (811,505) 5,219,644 1,159,713 4,059,931
Electric Fund 217,238 1,688,933 1,026,371 662,562
Telecommunications Fund 208,352 773,349 6,848 766,501
Central Services Fund (95,529) 624,607 1,079,123 (454,516)
Insurance Services Fund 21,370 1,444,968 1,343,082 101,886
Equipment Fund 179,124 1,540,287 1,244,420 295,867
Cemetery Trust Fund 8,167 701,949 685,724 16,225
(786,680) 24,245,580 15,948,607 8,296,973
Ski Ashland Agency Funcl 1,864 269,542 492,891 (223,349)
Parks & Recreation AgenGY Fund (717,820) 2,062,714 2,067,214 (4,500)
(715,956) 2,332,256 2,560,105 (227,849)
Total Cash Distribution $ (1,502,636) $ 26,577,836 $ 18,508,712 $ 8,069,124
Manner of Investment
Petty Cash $ $ 3,010 $ 1,910 $ 1,100
General Banking Accounts (537,287) 156,982 1,132,161 (975,179)
Local Government Inv. Pool (1,695,393) 17,179,277 10,727,418 6,451,859
City Investments 730,044 9,238,567 6,647,223 2,591,344
Total Cash and Investments $ (1,502,636) $ 26,577,836 $ 18,508,712 $ 8,069,124
Dollar Distribution
Ski Ashland, Parks
and Recreation
Funds
9%
Central Services, All Other (General
Insurance and
Equipment Funds ~ Government)
14% 22%
Business Type
'- Funds
55%
G:VinenoelAooounlinglFinanc:i8l Statementl'FNIICi* 2OO5\MonIhIys\12.FNnciIll Report June 30 FY 2005
8I9t'2OO5
City of Ashland
Combined Statement of financial Position City WidE~
For the twelve months ended June 30, 2005
Fiscal Year 2005 Percent Fiscal Year 2004
Year-To-Date Fiscal Year 2005 Collected I Year- To-Date
Resource Summary Actuals Amended Expended Balance Actuals
Revenues
Taxes $ 15,766,016 $ 15,829,081 99.60% $ (63,065) $ 15,448,245
Licenses and Permits 1,489,379 1,418,120 105.02% 71,259 1,156,285
Intergovernmental Revenues 3,229,143 3,704,763 87.16% (475,620) 3,495,985
Charges for Services 31,358,252 31,924,768 98.23% (566,516) 30,642,051
System Development Charges 1,839,775 1 ,507,943 122.01 % 331,832 1,491,451
Fines and Forfeitures 133,170 118,110 112.75% 15,060 120,749
Assessme-nt Payments 222,408 235,634 94.39% (13,226) 170,860
Interest on Investments 553,348 292,672 189.07% 260,676 258,454
Miscellaneous Revenues 549,636 475,977 115.48% 73,659 1,744,263
Total Revenues 55,141,127 55,507,068 99.34% (365,941 ) 54,528,343
Budgetary Resources:
Other Financing Sources 15,700,000 17,200,000 91.28% (1,500,000) 13,200,000
Interfund loans 7,530,000 7,635,000 98.62% (105,000)
Operating Transfers In 247,693 507,423 48.81% (259,730) 521,393
Total Budgetary Resources 23,477,693 25,342,423 92.64% (1,864,730) 13,721,393
Total Resources 78,618,820 80,849,491 97.24% (2,230,671 ) 68,249,736
Requirements by Classification
Personal Services 18,854,892 19,872,937 94.88% 1,018,045 18,225,577
Materials and Services 25,991,680 28,246,790 92.02% 2,255,110 26,187,881
Debt Service 11,065,907 11,259,915 98.28% 194,008 10,415,846
Total Operating Expenditures 55,912,479 59,379,642 94.16% 3,467,163 54,829,304
Capital Construction
Capital Outlay 4,977 ,384 9,297,111 53.54% 4,319,727 7,342,852
Interfund loans 7,530,000 7,635,000 98.62% 105,000 6,925,000
Operating Transfers 236,860 507,423 46.68% 270,563 521,393
Subsidy 200,000 200,000 100.00%
Contingenci~s 1,014,662 0.00% 1,014,662
Total Budgetary Requirements 7,966,860 9,357,085 85.14% 1,390,225 7,446,393
Total Requirements 68,856,723 78,033,838 88.24% 9,177,115 69,618,549
Excess (Deficiency) of Resources
over Requirements 9,762,097 2,815,653 346.71% 6,946,444 (1,368,813)
Working Capital Carryover 16,692,342 15,350,299 108.74% 1 ,342,043 18,199,959
Unappropriated Ending Fund
Balance $ 26,454,439 $ 18,165,952 145.63% $ 8,288,487 $ 16,831,146
G:Viname\Aocounting'F1nancIIl. SlalementslFlnancIIIa 2005lMonthlys\12.FinancIII Report June 30 FY 2005
8I9l2OO5
2
City of Ashland
Schedule of Revenues By Fund
For the twelve months ended June 30, 2005
Fiscal Year 2005 Fiscal Year Fiscal Year
Year- To-Date 2005 Percent to 2004 Year-To-
Revenues by Fund Actuals Amended Budget Balance Date Actuals
~ Ci1ty
General Fund $ 11,808,724 $ 12,214,329 96.7% $ (405,605) $ 11,261,645
Community Blocl< Grant Fund 564,605 736,978 76.6% (172,373) 801,580
Street Fund 4,020,201 4,311,530 93.2% (291,329) 3,980,567
Airport Fund 1,069,862 1,256,650 85.1% (186,788) 476,427
Capital Improvements Fund 683,936 . 539,296 126.8% . j44,640. 937,792
Debt Service Fund 840,257 1,554,326 54.1% (714,069) 1,068,665
Water Fund 6,691,823 6,955,975 96.2% (264,152) 6,699,623
Wastewater Fund 8,642,547 8,518,030 101.5% 124,517 8,015,093
Electric Fund 12,762,070 12,754,900 100.1 % 7,170 11,821,913
Telecommunications Fund 18,308,849 18,594,752 98.5% (285,903) 9,277,868
Central Services Fund 4,661,915 4,912,720 94.9% (250,805) 4,606,281
Insurance Services Fund 596,860 609,577 97.9% (12,717) 1,586,638
Equipment Fund 1,446,942 1,477,190 98.0% (30,248) 1,400,039
Cemetery Trust Fund 30,513 13,197 231.2% 17,316 11 ,723
Total City !Components 72,129,104 74,449,450 96.9% (2,320,346) 61,945,854
j'
Parks and Recreation Component
Parks and Recreation Fund 4,218,618 4,177,041 101.0% 41,577 4,079,597
Ashland Youth Activities Levy Fund 2,121,924 2,077,000 102.2% 44,924 2,058,681
Parks Capital Improvement Fund 149,174 146,000 102.2% 3,174 165,604
Total Parks Components 6,489,716 6,400,041 101.4% 89,675 6,303,882
TotallCity $ 78,618,820 $ 80,849,491 97.2% $ (2,230,671 ) $ 68,249,736
G:\financelAccountinglF"lNIIICial StalilmentslFinancials 2OO5v.AonIhIys\ 12.Financial Report June 30 FY 2005 3
819/2005
City of Ashland
Schedule of Budgetary Compliance Per Resolution #2004,.18
For the twelve months ended June 30, 2005
Fiscal Year
2005 Year- To- Fiscal Year Percent
Date Actuals 2005 Amended Used Balance
General Fund
Administraijon $ 97,831 $ 109,600 89.26% $ 11,769
Administration - Senior Program 112,441 115,545 97.31 % 3,104
Finance - Municipal Court 296,992 317,426 93.56% 20,434
Finance. Social Services Grants 107,622 110,000 97.84% 2,378
Finance. Economic & Cultural Grants 445,600 445,600 100.00%
Finance .. Miscellaneous 13,633 25,000 54.53% 11,367
Finance. Band 44,946 57,490 78.18% 12,544
Police Department 4,224,880 4,435,830 95.24 % 210,950
Fire and Rescue Department 4,199,621 4,788,107 87.71% 588,486
Public Works - Cemetery Division 237,893 298,260 79.76% 60,367
Community Development - Planning Division 870,782 1,027,055 84.78% 156,273
Community Development - Building Division 602,984 699,808 86.16% 96,824
Transfers 33,000 43,833 75.29% 10,833
Other Financing Uses (Interfund Loan) 215,000 215,000 100.00%
Contingency 44,636 0.00% 44,636
Total General Fund 11,503,225 12,733,190 90.34% 1,229,965
Community Development Grant Fund
Personal Services 29,271 31,000 94.42% 1,729
Materials and Services 576,844 705,978 81.71% 129,134
Total Community Development Grant Fund 606,,115 736,978 82.24% 130,863
Street Fund
Public Works - Street Operations 2,171,887 2,631,755 82.53% 459,868
Public Works. Storm Water Operations 558,602 747,380 74.74% 188,778
Public Works - Transportation SDC's 28,351 348,050 8.15% 319,699
Public Works - Storm Water SDC's 148,360 258,050 57.49% 109,690
Public Works - Local Improvement Districts 7,,337 220,355 3.33% 213,018
Contingency 87,000 0.00% 87,000
Total Street Fund 2,914,537 4,292,590 67.90% 1,378,053
Airport Fund
Materials and Services 83,209 95,000 87.59% 11,791
Capital Outlay 1,066,808 1,139,650 93.61% 72,842
Debt Service 35,072 35,072 100.00%
Contingency 0.00%
Total Airport Fund 1,185,089 1,269,722 93.33% 84,633
G:\finance\AccountingIFII1ancial. StatementsIFinanclas 2OO5v.AonthIys\12.F1IIaIICiaI Report June 30 FY 2005 4
8I9l2OO5
SchE~dule of Budgetary Compliance Per Resolution #2004-18
For the twelve months ended June 30, 2005
Fiscal Year
2005 Year- To- Fiscal Year Percent
Date Actuals 2005 Amended Used Balance
Capital Improvements Fund
Capital Outlay 20,191 157,210 12.84% 137,019
Transfers 141,500 351,230 40.29% 209,730
-Total Capital Improvements Fund 161,691 508,440 31.80% 346,749
Dc~bt Service Fund
Materials and Services 0.00%
Debt Service 846,572 1,046,802 80.87% 200,230
Total Debt Service Fund 846,572 1,046,802 80.87% 200,230
Water Fund
Electric - Conservation Division 150,454 154 ,430 97.43% 3,976
Public Works -Forest Lands Management Division 182,028 396,500 45.91 % 214,472
Public Works -Supply Division 902,167 1,442,530 62.54% 540,363
Public Works -Treatment Division 599,737 764,951 78.40% 165,214
Public Works -Distribution Division 1,783,687 2,224,465 80.18% 440,778
Public Works - Supply SDC's 281,001 462,500 60.76% 181,499
Public Works -Distribution SDC's 7,466 720,250 1.04% 712,784
Debt Service 677,137 677,651 99.92% 514
Other Financing Uses (Interfund Loan) 120,000 200,000 60.00% 80,000
Contingency 155,000 0.00% 155,000
Tc)tal Water Fund 4,703,677 7,198,277 65.34% 2,494,600
W,asteWater Fund
Public Works - Collection Division 1,191,206 1,438,460 82.81% 247,254
Public Works - Treatment Division 1,245,058 1,357,450 91.72% 112,392
Public Works -Collection SDC's 19,026 38,500 49.42% 19,474
Debt Service 1,802,670 1,802,670 100.00%
Contingency 134,000 0.00% 134,000
Total Wastewater Fund 4,527,960 5,041,080 89.82% 513,120
Electric Fund
Electric - Conservation Division 357,164 411,410 86.81 % 54,246
Electric - Supply Division 6,145,597 6,410,715 95.86% 265,118
Electric - Distribution Division 4,388,968 4,470,973 98.17% 82,005
Electric - Transmission Division 700,036 935,443 74.83% 235,407
Other Financing Uses (Subsidy) 200,000 200,000 100.00%
Contingency 100,000 0.00% 100,000
Total Electric Fund 11,791,765 12,528,541 94.12% 736,776
G:lfinancelAccountinglFenanc:iaL StaementslFlnanclals 2OOSWonthIys\12.Financial Report June 30 FY 2005 5
8I9l2OO5
Schedule of Budgetary Compliance Per Resolution #2004-18
For the twelve months ended June 30, 2005
Fiscal Year
2005 Year.To- Fiscal Year Percent
Date Actuals 2005 Amended Used Balance
Telecommunications Fund
Electric - Customer Relations\Promotions 82,353 142,032 57.98% 59,679
Electric - Qperations 2,753,463 2,804,801 98.17% 51,338
Debt Services 14,610,720 14,810,720 98.65% 200,000
Contingency 56,644 0.00% 56,644
Total Telecommunications Fund 17,446,536 17,814,197 97.94% 367,661
Central Services Fund
Administration Department 1,048,547 1,149,855 91.19% 101,308
Finance Department 1,388,992 1,626,724 85.39% 237,732
City Recorder 165,231 172,375 95.86% 7,144
Public Works - Administration and Engineering 1,211,621 1,274,200 95.09% 62,579
Public Works - Facilities and Safety 446,733 491,780 90.84% . 45,047
Electric - Computer Services 755,129 792,620 95.27% 37,491
Contingency 127,382 0.00% 127,382
Total Central Services Fund 5,016,253 5,634,936 89.02% 618,683
Insurance Services Fund
Materials and Services 489,719 646,530 75.75% 156,811
Contingency 100,000 0.00% 100,000
Total Insurance Services Fund 489,719 746,530 65.60% 256,811
Equipment Fund
Personal Services 236,352 242,900 97.30% 6,548
Materials and Services 415,549 451 ,435 92.05% 35,886
Capital Outlay 493,457 688,085 71.71% 194,628
Contingency 175,000 0.00% 175,000
Total Equipment Fund 1,145,358 1,557,420 73.54% 412,062
G:\finance\AccouninglFinancial Statementslfinanclas 2005Vw'onIhIys\12.Financial Report June 30 FY 2005 6
8I9l2OO5
Schedule of Budgetary Compliance Per Resolution #2004-18
For the twelve months ended June 30, 2005
Fiscal Year
2005 Year-To- Fiscal Year Percent
Date Actuals 2005 Amended Used Balance
Cemetery Trust Fund
Transfers 12,360 12,360 100.00%
Total Cemetery Trust Fund 12,360 12,360 100.00%
Parks a.nd Recreation Fund
Parks Division 3,401,527 3,673,075 92.61% 271,548
Recreation Division 358,050 363,700 98.45% 5,650
Golf Division 340,424 373,000 91.27% 32,576
Debt Service 18,735 30,000 62.45% 11,265
Transfers 50,000 100,000 50.00% 50,000
Contingency 35,000 0.00% 35,000
Total Parks and Recreation Fund 4,168,736 4,574,775 91.12% 406,039
Youth Activities Levy Fund
Personal Services 89,000 89,000 100.00%
Materials and Services 2,006,000 2,006,000 100.00%
Total Youth Activities Levy Fund 2,095,000 2,095,000 100.00%
Parks Capital Improvement Fund
Capital Outlay 242,130 243,000 99.64% 870
Total Parks Capital Improvement Fund 242,130 243,000 99.64% 870
Total Appropriations $ 68,856,723 $ 78,033,838 88.24% $ 9,177,115
.
G:\financelAccountingIFlIIaI1Cial StaternentsIFinancials 2005\MonthIys\12.Rnanclal Report June 30 FY 2005 7
819/2005
DOCUMENTS SUBMITTED AT
AUGUST 16, 2005 COUNCIL MEE1-ING
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City of Ashland
Planning E>:hibit
Exhibit # 100 I
PA #~- tJ"!J,lJ,
DateB ~.~ff 6<:-
From:
To:
Date:
Subject:
"Colin Swales" <colin@mind.net>
"Maria Harris" <harrism@ashland.or.us>
8/12/20051:05:21 PM
[Council] Lithia Way appeal
Maria,
I am sending some further written testimony on the upcoming appeal to supplement that which I provided
to the Hearings Board.
Unfortunately I shall be unable to attend the meeting in person.
I am e-copying the Council directly as I only received your Staff Report a short while ago, this submittal will
therefore unfortunately be too late for inclusion in the hard copy 'packet'
Perhaps it can be posted online as well as entered into the Record?
***Could you please also provide Council with page A 1.0 of the approved applicant's plans for PA
2002-117 which clearly show that no garages were ever proposed - or approved - on the rear alley for the
use of the condo in question.
Further reasons to deny CUP at 180 Lithia Way.
A) No Garages Approved in "Phase 1"
The original site review application 2002-117 for (what would later be called) Phase 1 of thE~ Jasmine
Building did not include any garages along the Will Dodge Way alley. (It was 100% office/mtail)
These phantom garages were sneaked in at the building permit stage - without planning permission - in
violation of two the conditions of approval for PA 2002-117
1) That all proposals of the applicant be conditions of approval unless otherwise modified here.
2)That the plans submitted at the time of a building permit be in substantial conformance with those
approved as part of this application
Meanwhile Planning Staff was urging the Planning Commission (see below) not to allow sUlch private
residential garages in C-1 and E-1 zones and one two occasions they unanimously voted to amend the
ordinance to make this point clear.
( Mike Reeder would later in 2004 rule that the current ALUO does not actually "preclude" private
residential garages)
What happened to that ordinance amendment requested by the PC?
B) Comprehensive Plan for Will Dodge Way was not for private garages.
Will Dodge Way is envisioned in the 1988 Downtown plan to be a thriving place.. ."outdoor seating, food
vendors, and outdoor merchandising can flourish" - not private garage parking for upper-story condos.
1988 Downtown Plan:
Will Dodge Way & Enders Alley
These two alleys have only recently acquired their formal names. Each has a few businesses that front
only on these alleys, and most of the businesses that front on East Main Street also have public entrances
on the alleys. The alleys have good pedestrian activity potential if they are re designed for it
Will Dodge Way, where more businesses front and where more land is available for development holds
the greatest potential. The proposed development plan map shows the alley closed to traffic for the peak
pedestrian times of the day, from 11 :30 a.m. to 10:00 p.m. All the new buildings and some of the existing
buildings have double frontages. With the alley closed outdoor seating, food vendors, and outdoor
merchandising can flourish. A central courtyard, about fifty feet square, draws pedestrians down the alley.
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Buildings at least two stories in height are required along Lithia Way in order to enclose the alley and give
it an intimate atmosphere.
Will Dodge Way Plaza
The new central plaza on Will Dodge Way will be large enough to support a larger-than-life.-size sculpture.
A fountain is not necessary here since the buildings and less traffic reduce the noise level. The sculpture's
placement in the plaza will focus attention in an enchanting area.
C) Too many Uses applied for.
The broad-ranging application for Travelers Accommodation, Hotel and Motel Use is not specific.
It is unfair for Staff to cherry-pick on behalf of the applicant the one out of the three uses that they think will
most likely get approval
To call this residential Condominium a Motel is a gross distortion of the meaning and intent of that use.
How can "directly exterior" possibly be interpreted as meaning an internal shared lobby?
D) Setting a Precedent
The precedent that this application sets for future nearby proposed developments is enormous.
(e.g. Bemis, Harrison AutoParts, Copeland Lumber etc.)
I do not believe that luxury vacation rentals was the Comp Plan purpose when the ALUO was modified to
allow housing downtown.
"It was always an idea that it might be available for the cancer center," said Dresner, who is also one of
the developers for the proposed Northlight project across the street, which could contain the cancer
center. "If someone would have asked me at the time, I guess I would have said it was a possibility."
http://www.dailytidings.com!2005!0809!080905n 1. shtml
Respectfully submitted
Colin Swales
--------------------------------------------------------------------------------
Garages in Mixed Use Zones
ASHLAND PLANNING COMMISSION REGULAR MEETING
MINUTES MAY 11, 2004
http://www.ashland.or.us!Agendas.asp?Display=Minutes&AM I D= 1700
( extract)
VI. OTHER
A. Ordinance Interpretation regarding the use of private residential garages in the E-1 zones
Employment with the Residential Overlay E-1.
STAFF REPORT
Harris said it is unusual for the Planning Commission to look at an interpretation. A potential applicant
requested it. Staff believed the issue was important and has broader implications for areas of Ashland that
allow mixed use development. Staff felt they had an obligation to seek a recommendation from the
Planning Commission to ultimately take to the Council for their interpretation.
As a word of caution, though some information has been provided in terms of the history of the
interpretation request, it is likely an application on this property will come before the Planning Commission
in the future for a decision, therefore, Harris suggested it would be best not to talk about the facts or
merits of the specific application.
The question before the Commission is: Are individual private residential garages permitted in the E-1
zone with mixed-use development for the purposes of satisfying the off-street parking requirement?
Staff has reviewed the issue and made an interpretation based on the requirements of the Procedures
Chapter. The Planning Commission can adopt or modify the interpretation for their recommendation to the
City Council.
Harris showed some examples of mixed-use development in E-1 zones. Can you enclose one or two
parking spaces with this type of development? What kind of parking configuration can you have? A garage
is not accessible at all times. It only becomes accessible to the individuals who have access to the garage.
In a mixed use building, can there be a garage associated with the residential unit or units on the second
floor or in the development? The garages would be strictly for the tenants of the residential unit.
In reviewing the Land Use Ordinance, the Comprehensive Plan policies, and the history of the revisions to
Chapter 18.92 (Off-Street Parking) and 18.40 (E-1) of the Land Use Ordinance, Staffs opinion is that
garages should not be permitted in the E-1 zone as a component of required off-street parking for mixed
use development. The two reasons are: 1) Garages prevent the shared use of parking or the flexibility of
parking. When parking spaces begin to be enclosed in a garage, the fluid movement of cars using spaces
can no longer happen. They can only be accessed by certain individuals. 2) When garages are built, they
can be used for storage. The cars that were intended to park in the space or spaces end up going to the
adjacent spaces.
Displaced automobiles can cause a potential impact not only on the site but if there are nei!~hboring
businesses, people tend to park in the neighboring businesses parking or on-street. When those areas
become full, the parking will begin to spill into adjacent neighborhoods.
Harris has used A Street as an example in the Staff Report, largely because it is an area that has
developed under our ordinance requirements put in place in 1992. That development has been happening
over the last ten years and we have seen what does and doesn't work.
Harris showed five of the Comprehensive Plan policies Staff looked at in coming to the interpretation. The
Procedures Chapter (18.108) says if there is doubt regarding the intent of an ordinance, the Staff Advisor
may interpret the provision or refer it to the Planning Commission. In doing an interpretation, the Planning
Commission is required to consider: 1) the Comprehensive Plan, 2) the Purpose and Intent of the Land
Use Ordinance, and 3) the opinion of the City Attorney. The City Attorney has reviewed the interpretation
as presented in the Staff Repprt and concurs with the interpretation. Items 1 and 2 are discussed in the
Staff Report.
The Comprehensive Plan calls for an efficient parking system that tries to use parking spaces to their
highest capacity. There is a recognition in the policies that has to be balanced with maintaining livability of
adjacent neighborhoods. When you introduce an element such as an individual private garage not
intended to be built in the zone, what is the impact? In this case, when there is a parking system that is
working quite well, Staffs concern is allowing garages to tip that balance in the wrong direction and cause
an impact that would be unacceptable.
McLaughlin said because of setback requirements in residential zones, there are driveways that handle
the overflow parking. The impact does not go beyond the residence. In an E-1 zone, setbacks can go right
up to the property line, especially if there are alleys. There is increasing pressure to build residential in
commercial zones. By pushing hard for garages to create truly residential units (homes) in a commercial
zone, is impacting the commercial zone to the degree it becomes less effective in creating jobs and
employment opportunities for the community and it becomes better at providing home sites.
Harris showed several examples of parking capacities on A Street. The parking demand is peaking during
normal business hours.
COMMISSIONERS' DISCUSSION AND MOTION
Briggs said Reeves gave several examples of existing garages. McLaughlin said as we see the bigger
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picture, garages may not be the correct direction for us to go. We need to look at all sides of the issue.
Briggs said she remembered some discussion during the development of A Street. The idea would be that
the people work downstairs and live upstairs so their use of an automobile would be minimal. Or, they may
not have an auto. On the other hand, it is very difficult for someone to find employment within walking
distance. She wondered, instead of a two-car garage for a unit, keep it to a one-car garage per unit. The
number one criteria for the Employment zone is employment. The residential is overlay. This would be a
small compromise. She also remembered it would be shared parking in that residents would park there at
night and would be gone during the day, leaving open spaces for clients and customers. It isn't necessarily
working out that way.
Fields said the mixed use parking credit allows a little latitude. Could someone use a credit for a garage?
McLaughlin said it would be difficult to enforce an enclosed garage. Fields did not think we could have less
than the required parking because uses change and the use becomes more intense. Eventually, it will
force people out of their cars.
McLaughlin said we are possibly looking at an ordinance amendment.
Douma wondered how many residences are in the E-1 corridor on A Street. Molnar thought eight to 12,
not counting houses. Douma said if all of those took one parking space each with garage parking, what
percentage capacity would we reach? Harris said on the alley there are 30 spaces. Twenty.-eight cars
were parked. The two spaces not available were accessible.
Black considered using a garage for storage of inventory. It might not be used for parking, Ibut you couldn't
use it in your count. McLaughlin said if all other parking requirements are met, could a garage be allowed?
None of the mandated parking could be in a garage.
Harris suggested the wording "private garages are not permitted in the E-1 and C-1 zone for the purposes
of satisfying the off-street parking requirement." In other words, a garage cannot replace the mandatory
off-street parking requirement.
McLaughlin said assigned parking would probably require an ordinance amendment.
Harris said in reviewing the files from 1992 and the staff report, there was a clear discussion that the
primary purpose of the E-1 zone is to create business. Her understanding in reading the discussions is
that though we want the residential component, we need to maintain an inventory of land for economic
opportunity and job creation.
Molnar explained that the Housing Commission has talked a lot about mixed use. They had assumed the
units built above the businesses would be moderately priced rentals. As you add amenities like garages,
they are not moderately priced. How do we still try to get moderately priced housing in mixed-use
neighborhoods?
Briggs suggested limiting it to one car per unit of so many square feet (1000 square feet or more) to
warrant a garage. McLaughlin is not sure how that would fit with an interpretation.
Harris said they have a couple of options. They can adopt the interpretation Harris read and Staff could
look at specific modifications that would be more tailored to consider all the factors to refinE~ the ordinance
in the future.
Douma/Briggs m/s to continue the meeting past 10:30 p.m. Motion passed.
Douma said in trying to encourage multi-modal transportation, where do we factor in the discouragement
of the auto? Fields said our strategy is that there is not enough parking now.
Morris felt Employment should be for employment and the residential is an add-on. He does not think we
want to promote residential by giving people a garage over E-1.
Fields said he agreed with the intention of the interpretation. There is a limited amount of parking and it
needs to be unassigned and it needs to be available. He is not willing to interpret it to say no garages are
allowed.
There was discussion regarding assigned parking spaces (example - Ashland Community Food Store,
Umpqua Bank and Land Mart). Can an owner control his or her own parking? McLaughlin said he would
work on this.
Harris said the Land Use Ordinance says the Planning Commission may grant the mixed-use credit.
McLaughlin gave an example of an overlapping use. The "may" language seems to work well.
Fields/Chapman m/s to adopt the ordinance amendment and send to the Council with the j:ollowing
wording: Private garages are not permitted in the E-1 and C-1 zone for the purposes of satisfying the
off-street parking requirement.
Voice Vote: The motion passed.
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--------------------------------------------------------------------------------
ASHLAND PLANNING COMMISSION - REGULAR MEETING
SEPTEMBER 14, 2004
MINUTES (extract)
1. Private Garages in Commercial/Employment Zones - 19.92.060.E
Briggs/Morris m/s to move this ordinance forward and recommend Staff bring forward to them an
ordinance reflecting the discussion they've had regarding this issue. Roll Call: Unanimous.
This will tentatively be heard at the Regular Planning Commission meeting on November 9, 2004.
--------------------------------------------------------------------------------
Council mailing list
Council@pine.ashland.or.us
http://pine.ashland.or.us/mailman/listinfo/cou ncil
cc:
Ashland City Council <Council@ashland.or.us>
From:
To:
Date:
Subject:
~.~ii~..I)1
"Russ Silbiger" <russcity@mind.net>
"'city council'" <Council@ashland.or.us>, "'Mike Reeder'" <reederm@ashland.or.us>
8/16/2005 10:06:23 AM
[Council] FW: Request for Council to Appeal PA 2005-00328
For the record, written documentation of my ex-parte contact with Colin Swales
on July 14 for Appeal to PA 2005-0038.
From: Colin Swales [mailto:colin@mind.net]
Sent: Thursday, July 14, 20058:39 AM
To: Russ Silbiger
Subject: Re: Request for Council to Appeal PA 2005-00328
Russ,
There are many other "criteria" issues which were in my written sumbittal.
(request a copy of my email dated 6/8/05 "Reasons to deny CUP 2005- 00328" sent
to planning staff member Amy Anderson <mailto:andersona@ashland.or.us>
<andersona@ashland.or.us> (with request for her to copy the Historic and
Planning Commissions)
Also get a copy of my earlier email request to Amy for this action to be heard
by the full commision dated 5/3/05 "Re: 180 Lithia - Staff Reports and Findings
?" - which went unanswered. ( it was heard by the HB).
I did not want to put Council members in an awkward ex-parte situation (which
was why I also had to wait until the adoption of the Findings last Tuesday
before contacting you all.)
So I respectfully suggest you get all further parts of the "Record" from Staff
However on the procedural irregularities alone I feel that Council needs to nip
this sort of "conflict of interest" behavior in the bud.
I do not feel it incumbent on citizens to constantly have to dig into their own
pockets to ensure a fair and equitable planning process.
Colin
Russ Silbiger wrote:
Colin,
Are you suggesting we appeal solely on the conflict of interest situation, or
were there other issues. I read through the minutes, and I am a bit confused as
to the actual status of the unit. It seems to be a new type of entity...
Boy, they shove a lot of stuff through the hearings board,
............:.~.p~g~~?..jl
From: Colin Swales [mailto:colin@mind.net]
Sent: Wednesday, July 13, 2005 3:39 PM
To: Jack (council) Hardesty; Russ Silbiger; Cate Hartzell; Alex Amorotico;
DavidChapman@ashlandhome.net; Kate Jackson; morrisoj@ashland.or.us
Cc: Fran berteau; Barbara christensen; Gino Grimaldi; Mike Franell
Subject: Request for Council to Appeal PA 2005-00328
( I am resending this to you all as individuals as the councillistserve bounced
it. I apologize if you get a double posting)
Honorable Mayor and City Council
(cc Planning Commission, R. Hopkins)
Recently Randall Hopkins wrote to you all a letter entitled "Ashland Planning
Analysis" [ http://pine.ashland.or.us/pipermail/council/2005-June/000746.html]
In it he made some strong criticisms of the current planning procedures and
listed many examples of how "the substantive rights of citizens are violated"
and also how "public cynicism regarding the integrity of City government is
nurtured and encouraged"
Recently I requested a public hearing on :
PLANNING ACTION 2005-00328
(A REQUEST FOR A CONDITIONAL USE PERMIT TO USE ONE OF THE RESIDENTIAL
CONDOMINIUMS IN A MIXED-USE BUILDING FOR ONE HOTEL/MOTEL UNIT FOR THE PROPERTY
LOCATED AT 180 LlTHIA WAY.)
In my written submittal I requested that it at least be heard before the full
Planning Commission.
This was due to important policy decisions with regard to transient residential
uses in commercial zones such as downtown and the need for interpretations
regarding Hotel/Motel use as outlined in this particular application.
My request to be heard by the full commission does not even seem to have been
discussed but instead the action was approved by a three-member Hearings Board
on 6/14/05 [ see http://www.ashland.or.us/Agendas.asp?Display=Minutes&AMID=2254
] and the Findings adopted yesterday 7/12/05 by those same 3 members.
However, I was surprised to learn that the Applicant's own Landscape Architect
for this downtown project was in fact one of those same 3 commissioners who
approved this action. That same commissioner's business is even listed on the
applicant's website as one of their "Team" members. [ see
http://www.archerd-dresner.com/team.htm ]
Although the commissioner in question declared a "Potential Conflict of
Interest" at the initial Public Hearing this was not done at the subsequent
Findings adoption as required by state rules.(see below)
I am also surprised that, considering this important potential conflict, the
Mayor did not at least request a substitute to be chosen from among the 9-member
PC to hear this application.
( I am assuming the required written disclosure of potential conflict was in
fact received by the Mayor - please confirm)
As I feel the flawed procedures of this planning action has prejudiced my
'".' ... ...................... ...................r.... .................... .' ...................Page 3';1
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substantial rights to a fair hearing I respectfully request that the Council
appeal this planning action for a denovo hearing befo.re themselves as allowed
under ALUO 18.108.110 (B.3.).
The effect of the precedent set by the approval of this application on possible
subsequent similar planning actions cannot be underestimated.
I realize that yet another planning appeal is not what the Council wants or
needs at the moment, but especially in the light of the recent communication by
Mr. Hopkins, I feel that these kinds of serious procedural flaws need to be
fully addressed in order that public confidence in the fairness of our planning
process is not further eroded..
I therefore respectfully suggest that my request for an appeal at public hearing
be placed on the next Council agenda for your consideration.
Please let me know.
sincerely,
Colin Swales
********************************************************************************
**
All Planning Commissioners upon appointment receive a copy of
OREGON GOVERNMENT STANDARDS AND PRACTICES LAWS - A GUIDE FOR PUBLIC OFFICIALS
http://www.gspc.state.or.us/GSPC/docs/POGUI DE. pdf
Some points of interest contained therein:
[Page 11]
Other appointed public officials:
An appointed official, including public employees, must disclose the actual or
potential conflict of interest in writing to the person who appointed the
official (the "appointing authority"), disclose the nature of the conflict and
ask that person to dispose of the matter giving rise to the conflict such as by
assigning the matter to another employee.
[Page 9]
4. What is an actual conflict of interest?According to the statute, the
difference between a potential and actual conflict of interest is determined by
the words "could" and "would." An actual conflict of interest occurs when the
action is reasonably certain to result in a financial benefit or detriment. It
will occur when an action is taken that directly and specifically affects land,
a business, or any other financial interest of the office holder or office
holder's relative.
Examples listed below demonstrate differences between potential and actual
conflicts. However, in many cases, the distinction may be hard to determine.
When in doubt, check with the GSPC.
5. What must a public official do when faced with an action that gives rise to a
potential or actual conflict of interest?
Allowable actions vary depending on the public official's role.
Elected officials and appointed members of boards and commissions:
An elected official or a person appointed to a board or commission must publicly
declare a potential or actual conflict of interest prior to abstaining,
ww,......"....,.., ,.,<..'U'.' '. .......+.. '. .....w. ..~.., ,....". '. '.' ..n....' .................,.......,...,............................... ................ "..,.' ...."............ ............ .............,....,.... ..,.....
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discussing, recommending, voting or taking other official action on an issue.
The official also must explain the nature of the conflict. The declaration and
the nature of the conflict must be noted in the minutes.
(Abstaining instead of disclosing a conflict of interest does not fulfill
statutory requirements because the act of abstaining is an official action and
the law requires disclosure before action is taken.)
With a potential conflict of interest, an official may participate in the
action, once the nature of the conflict has been announced.
In the case of an actual conflict of interest, the person must:
a) Announce the nature of the conflict; and
b) Not take any official action on the issue.
At each session or meeting at which the issue is addressed, the official must
make the same public disclosure. However, the official is required to make that
announcement only once at each meeting, even if the issue involves a series of
votes.
EXAMPLE: A planning commission member owns property adjacent to a parcel for
which the commission is considering a conditional use permit. The change in use
of the debated parcel mayor may not impact the value of the commissioner's
property, but the possibility exists. The commissioner must declare a potential
conflict of interest and announce the nature of the conflict. Then the
commissioner may enter into debate and proceed to vote or take other official
action.
EXAMPLE: The same planning commissioner has approached the planning department
for a conditional use permit on his property. The permit comes before the
planning commission.
Because the outcome of the decision clearly would have a financial impact on the
commissioner's property, the commissioner must declare an actual conflict of
interest, and he may not take any official action on the permit application.
EXAMPLE: A city council is about to approve a contract authorizing a councilor's
husband's brother to be principal contractor on a new city building. Such an
action would be a clear financial benefit to a relative of the councilor and
would constitute an actual conflict of interest.
The councilor would be required to announce an actual conflict of interest and
refrain from any further official action.
EXAMPLE: A school board has asked a special panel of teachers to recommend three
consultants from a large applicant pool. One of the teachers is married to one
of the consultants who has applied. The panel recommends three names for a
decision by the full school board. The teacher is required to declare a
potential conflict of interest, and then the teacher is permitted to vote on
moving the slate of consultants to the board for final selection. The teacher is
not sure of the outcome, therefore, the potential for financial gain exists, but
it is not a certainty.
Legislators:
Legislators should consult the rules of the chamber in which they serve as to
when and how potential or actual conflicts of interest are to be disclosed.
A legislator is required to vote on every piece of legislation that arises when
they are present in committee or on the floor. Therefore, even when faced with
an actual conflict of interest, the legislator must vote. Official action taken
by a legislator usually affects all persons in the state or a large group of
persons in the state to the same degree. Accordingly, legislators are often
exempt because of the "class exception." [See ORS 244.020(7)(b)]
Council mailing list
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,...7-:,=.~.~~~.~~~~",,'"";!:'...
.,.....................=~,.. ..............................,......................................e~g~~J
From:
To:
Date:
Subject:
"Russ Silbiger" <russcity@mind.net>
'''city council'" <Council@ashland.oLus>, "'Mike Reeder'" <reederm@ashland.oLus>
8/16/2005 2:20:32 PM
[Council] Planning Minutes for 2002-117
City of ,Ashland
Planning Exhibit
Exhibit # ~6-?
PA#~O"~
DatFSA aft. ~
TYPE II PUBLIC HEARINGS
PLANNING ACTION 2002-117
REQUEST FOR A SITE REVIEW PERMIT FOR THE CONSTRUCTION OF A THREE-STORY, 12,280
SQUARE FOOT MIXED USE BUILDING (FORMERLY GEN KAI RESTAURANT)
180 LlTHIA WAY
APPLICANT: EVAN ARCHERD AND HAL DRESNER
STAFF REPORT
Knox said the applicants are asking for a Site Review approval and an exception
to the Downtown Design Standards to allow for a recessed balcony.
Knox reported that this site is adjacent to the City parking lot and the Kelso
building. The first floor is proposed at 4,512 square feet (office retail) and
the second floor is 4,512 (three offices and an apartment) and the third floor
is 3,856 square feet (three offices and an apartment).
The design of the building is traditional architecture with a contemporary
theme. The front facade has large windows on the first floor for viewing of
merchandise. The vertical elements that help define the building are pillars
with a traditional cornice on top. Everything this symmetrically balanced. The
proposal calls for demolition of the existing building, historically known as
the Nininger Building. The building will be encapsulated with the new one. The
only remaining exterior portion of the original building will be the pilasters
on the side facing the City parking lot. The existing building was built in 1945
and is considered a primary resource on the National Register of Historic
Places. On the City's 1988 Cultural Resource Inventory, it is considered
compatible. The National Register Inventory bases the primary ranking on when
the building was built. From a historical or architectural standpoint, the
building doesn't really have a primary category it should fit into. The Historic
Commission has agreed and believes that under the circumstances, it is
acceptable to build around this building. The Historic Commission agrees the
demolition is also acceptable.
Knox said the applicants are proposing a number of changes to the site plan and
have presented a landscaping plan. They are installing a mid-block connection,
via sidewalk from Lithia Way, across the alley, and up by Key Bank. That
connection will include a pedestrian plaza area with a bench seat.
The exception the applicants are requesting is the setback of the front area. It
sets back about 12 feet from the front. In this situation, there is an
opportunity to meet the intent of the Downtown Design Standards by having a
limited amount of building recess. Staff believes it is in keeping with the
downtown. Lithia Way has single and two-story buildings. The recessed area makes
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the building seem less tall. The applicants discuss the importance the balcony
area, providing for a better residency.
Site Visits and Ex Parte Contacts - Site visits were made by both.
PUBLIC HEARING
EVAN ARCHERED, 120 N. Second Street, stated that part of the project will be to
improve the new City parking lot by adding a plaza seating area as well as
public art.
Amarotico asked if the balcony was for one unit Archerd said Jerome White,
their architect, said each of the two residential units will have a balcony.
That area is not included in the floor area calculation.
COLIN SWALES, 461 Allison Street, said he is generally in favor of the project
With regard to the requested exception to the Downtown Design Standards, he is
concerned that the building be built as proposed. He would like assurance from
the applicant that the historic nature of the building will be retained. Swales
said the demolition ordinance has a lot of loopholes about what can be
demolished. He doesn't want it to be like Hillah Temple where once construction
starts, the whole building is puHed down.
Knox said Condition 2 states that at the time the building permit is submitted
that the design of the building is in substantial conformance to what the
Hearings Board is reviewing today.
JEROME WHITE, 545 A Street, said their intent is to keep not just the west wall,
but the entire concrete wall. The concrete wall will become a veneer. They found
recently there is no foundation under the concrete.
ARCHERD said they have every intention of building the building the Hearings
Board is looking at today.
Knox asked if the engineer says because there are no footings and the wall needs
to come down, what then? Archerd said the intent is to build the walls inside
the existing walls for structural support and build new footings under those
various points. White said they still have to apply for a demolition permit
Amarotico asked the implications if they have to remove everything. Knox said
they would have to come back for approval.
COMMISSIONERS' DISCUSSION AND MOTION
Morris moved to approve PA2002-117. Amarotico seconded the motion and it
carried.
Russ Silbiger
Ashland City Councilor
541-482-6907
russcity@mind.net
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Council@pine.ashland.or.us
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From:
To:
Date:
Subject:
"Mike Reeder" <reederm@ashland.or.us>
<council@pine.ashland.or.us>
8/16/2005 5:01: 17 PM
[Council] Response to PA 2005-000328 questions from Cate Hartzell
City of Ashland
Planning Exhibit
Exhibit # {)() <f
PA # 2.lJOS - ()O328
Da~~/l>r-Staff~
Cate (and Council):
Mike F. has asked me to respond to your questions concerning tonight's planning action. Below are my
res poses in bold.
Mike R.
Mike Reeder
Assistant City Attorney
City of Ashland, OR
(541) 488-5350 - PHONE
(541) 552-2092 - FAX
TTY 1 (800) 735-2900
reederm@ashland.or.us
Visit the city's website at: www.ashland.or.us
>>> "Cate Hartzell" <cate@mind.net> 8/16/2005 8:54:02 AM >>>
Mike,
I have to travel this afternoon for a week at my mother's so will not be at
tonight's Council meeting. However, I have some questions that I would like
to see responded to, since any decision of the sitting Council tonight
affects our land use in the future and I think the answers to questions
raised by citizens need to be part of the record.
Unless my packet was missing some information that others got in preparation
for this meeting, the level of information in the packet is inadequate for
making an informed decision. I don't know whether it was Planning's or
Legal's responsibility, but this appeal was called up by Council and I don't
understand why all the issues raised by Swales weren't responded to
factually.
Unfortunately, the packet did not include the Record. Sue sent it to Fran, but, for some reason, it never
got distributed to Council. The Staff Report attempted to highlight the issues raised by Colin, up until that
time. However, Colin submitted material to Council (not Legal) after the Staff Report was induded in the
packet.
PROCEDURAL:
1. I have been told that a request to call a project up from Hearings Board
is not a right. How many times in the last two years have citizens requested
to call an action up to Planning Commission from Hearings Board? How many of
those were not granted? Who's responsible for granting requests and does the
record contain a reason for not granting this request? In this case, did the
request follow legal procedure?
Any party to the Hearings Board decision has a right to appeal the HB decision to Council (not the
Planning Commission). I do not know how many times it has been requested to appeal a HI3 decision to
the Planning Commission, because there is no procedure for this. If there were any requests, they were
not granted. Colin initially requested that this appeal of a staff approval be heard by the full Planning
Commission rather than the HB. This request was not granted based on the usual considerations of the
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Comm Dev Director. I outlined this procedure for the Council in my July 14,2005 memo on pages 4 and
5. No, the Record does not contain a reason for not granting Colin's request. Yes, in this case, the
request followed the legal procedure.
Swales questions the authority of the Hearings Board to hear a case of this
nature. I think this a relevant legal question that should be answered. Does
Legal staff believe that Swales wrong in his citations that HB can't
interpret ordinances, decide a CUP on a commercial building, and that this
is a significant item of discretion on planning policy? He cites AMC
2.14.020.
Legal staff does not have an opinion about whether this is an issue of significant discretion or planning
policy. That is a question for Council. However, there is discretion for how to interpret the code definition
of "motel" that will affect this application. However, it is up to the Council to determine whether this is an
issue of significant discretion or planning policy.
Legal staff disagrees with Colin that the HB does not have the authority to decide a CUP on a commercial
building (unless it is a CUP for construction of a new building). AMC 2.14.020 grants the HB the authority
to consider variances and CUPs not involving complete new multi-family (three units or more per tax lot),
commercial, or industrial buildings. Additionally, AMC 2.14.020(3) goes on to provide that the Hearings
Board may hear "3. Such other minor land use matters as the Planning Commission deems appropriate
to the Hearings Board format." This is not a complete new building proposal. It is an existin!9 building,
constructed in 2004. The Planning Commission and staff have routinely referred the question of ·
residential use in commercial buildings to the Hearings Board under AMC 2.14.020(3).
Except for partitions and site reviews that the Comm Dev Director determines has an overall planning
policy or impact on surrounding areas, there is no prohibition on the HB for hearing significant items of
discretion involving interpretation or discretion. However, AMC 2.14.040 grants the HB or the Staff
Advisor the authority to refer any matter that involves major policy concerns or potential serious impacts
on surrounding areas. However, even this grant is discretionary, and is not mandatory.
So, in short, even though this particular planning action included an interpretation issue, it was
appropriately heard by the HB.
Does Council have any liability for having had HB make the only decision
prior to this appeal?
No. As stated above, the City followed its own procedures for this planning action. Even if the City had
not followed its own procedures, such a defect would be cured by tonight's de novo hearing.
2. Is Swales' assertion that the garages were not part of the adopted plan
and that the conditions did not allow staff granting them?
I have asked Planning Staff to address this question.
CONFLICT OF INTEREST
Legal staff issued opinions about this. It should be made part of the record
if it's not already.
This is in the Record and is found in the Council packet.
Has staff confirmed that KenKairn was not receiving
money or bidding on a project from Archerd Dresner on any other project at
the time?
No. However, staff did confirm that KenCarin did not have an actual conflict of interest.
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PRECEDENT
What is the estimated impact of this kind of activity were this decision
upheld and is it precedent-setting, such that it would make it easier for
future applications for the same use in the same zone?
Yes, if the Council interprets this unit to be a motel, then other applicants may rely on this interpretation.
How many cases have we had of people transferring private residences downtown to traveler's
accommodations?
I have asked Planning Staff to respond to this question.
COMP PLAN
Can staff address the relevancy of the Comp Plan on thE~ issues raised by
Colin and by the project, especially relative to garages on Will Dodge Way?
I have asked Planning Staff to respond to this question.
DEFINITIONS
Hotel/motel: If the requirement for parking is for manager and transient
user, are there expectations about how motel/hotels are managed? Does the
manager need to be on-site?
No. Unlike "traveler's accommodations" as defined in AMC 18.108., motels have no requirement for
on-site management.
Does our definition of hotel/motel say anything about multiple units?
The ordinance implies plurality of units, but it is up to the Council to interpret if this requires multiple units.
Is one unit a motel?
Again. this is an interpretation issue for Council.
Is it possible that building owners would start aggregating
rooms on different blocks into a coordinated rental situation?
I have asked Planning Staff to respond to this question.
Are there limitations on the length of time that a rental is rented to one party? Is it a months, a year?
No. Residential units may be rented for any amount of time, assuming it meets the definition of AMC
18.08.630. "Residential. or residential use": "Any activity, as contrasted with commercial andl industrial
activities. which involves peaceful, private conduct of pursuits related to living environment."
At what point is it a vacation rental versus and hotel and how is that regulated?
Currently, our code does not treat vacation rentals differently than hotels. There is no "vacation rental"
category in our code.
Swales raised a point about commercial vacation uses of existing and
proposed residential units in C-1 D and C-1 and E-1, as well as residential
garages.
He talks about the PC voting to amend ordinances to deal with this and it
seems like there are huge implications of this sort of use, given the spaces
slated for development in those zones in the next 5-10 years. Does this
connote a significant policy decision (thereby confirming Swales' argument
that HB is not a sufficient decision making body for this?)
It is clear that commercial vacation uses of existing and proposed residential units is a policy issue for the
Planning Commission and Council. However, as stated above, this application was properly heard by the
HB.
PROJECT-BASED
In his June 8 memo, Swales states that the project was not implemented as
stipulated with regard to retaining some of the historic building. Was this
agreed to and not done? Is this another case of where one part of a project
not implemented as promised is not relevant to a later aspect of a project?
I have asked Planning Staff to respond to this question.
I leave with great discomfort over the potential precedent set by the
Hearings Board's decision and the fact that our Planning Commission was not
used as a venue for venting the issues raised by the application. It sounds
like the Planning Commission has talked about related issues and was moving
in a direction of clarifying policy on several significant issues here.
Thank you for responding to these questions.
Cate Hartzell
482-4111
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Council mailing list
Council@pine.ashland.or.us
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cc: Bill Molnar <bill@ashland.or.us>, Susan Yates <sue@ashland.or.us>, Maria Harris
<maria@ashland.or.us>
Further reasons to deny CUP at 180 Lithia Way.
Submitted by Colin Swales, August 16, 2005
A) The Impact of the Conditional Use must be compared with the "Target Use"
5. C-10. The general retail commercial uses listed in 18.32.020 B., developed at
an intensity of 1.00 gross floor to area ratio, complying with all ordinance
requirements.
This was never done - it was instead compared to the current residential use.
It is likely that the Jasmine Building (1 & 2) vastly exceeds the 1.0 Floor Area Ratio [FAR].
However, the burden of proof is on the applicant and they fail to provide any required information.
B) No Garages were approved in "Phase 1"
The original site review application 2002-117 for (what would later be called) Phase 1 of the
Jasmine Building did not include any garages along the Will Dodge Way alley. (It was 100%
office/retail). (See page A1.0 of the approved applicant's plans for PA 2002-117 which clearly
show that no garages were ever proposed - or approved - on the rear alley for the use of the
condo in question.)
These phantom garages were sneaked in at the building permit stage - without planniing
permission - in violation of two the conditions of approval for PA 2002-117.
1) That all proposals of the applicant be conditlons of approval unless otherwist~ modified
here.
2) That the plans submitted at the time of a builcfing permit be in substantial conformance
with those approved as part of this application
Meanwhile Planning Staff was urging the Planning Commission (See PC meeting minutes below)
not to allow such private residential garages in C-1 and E-1 zones and on two occasions they
unanimously voted to amend the ordinance to make this point clear.
( Mike Reeder would later in 2004 rule that the current ALUO does not actually "preclude" private
residential garages. )
What happened to that ordinance amendment requested by the PC?
C) Comprehensive Plan for Will Dodge Way is not for private garages.
Will Dodge Way is envisioned in the 1988 Downtown plan to be a thriving place..."outdoor
seating, food vendors, and outdoor merchandising can flourish" - not private garage parking for
upper-story condos.
1988 Downtown Plan:
Will Dodge Way & Enders Alley
These two alleys have only recently acquired their formal names. Each has a few businesses that
front only on these alleys, and most of the businesses that front on East Main Street also have
public entrances on the alleys. The alleys have good pedestrian activity potential if they are re
designed for it.
Will Dodge Way, where more businesses front and where more land is available for development
holds the greatest potential. The proposed development plan map shows the alley closed to
traffic for the peak pedestrian times of the day, from 11:30 a.m. to 10:00 p.m. All the new
buildings and some of the existing buildings have a'ouble frontages. With the alley closed outdoor
seating, food vendors, and outdoor merchandising can flourish. A central courtyard, about fifty
feet square, draws pedestrians down the alley. Buildings at least two stories in height are
required along Lithia Way in order to enclose the alley and give it an intimate atmosphere.
Will Dodge Way Plaza
The new central plaza on Will Dodge Way will be large enough to support a larger-than-life-size
sculpture. A fountain is not necessary here since the buildings and less traffic reduce the noise
level. The sculpture's placement in the plaza will focus attention in an enchanting area.
D) Too many Uses applied for.
The CUP application for Travelers Accommodation, Hotel and Motel Use does not distinguish
among the differently defined uses. It is unclear which use the applicant plans.
It is unfair for Staff to cherry-pick on behalf of the applicant the one out of the three uses that they
think will most likely get approval
To call this residential Condominium a Motel is a gross distortion of the meaning and intent of that
use.
How can "directly exterior" possibly be interpreted as meaning an internal shared lobby?
E) Setting a Precedent
The precedent that this application sets for future nearby proposed developments is enormous.
(e.g. Bemis, Harrison AutoParts, Copeland Lumber etc.)
I do not believe that luxury vacation rentals was the Comp Plan purpose when the ALUO was
modified to allow housing downtown.
"It was always an idea that it might be available for the cancer center, " said Dresner, who is also
one of the developers for the proposed Northlight project across the street, which could contain
the cancer center. "If someone would have asked me at the time, I guess I would have said it was
a possibility." http://www.dailvtidings.com/200510809/080905n 1.shtml.
Respectfully submitted
Colin Swales
August 16,2005
Traveler's Accommodations that have closed in the last two years in
Ashland.
Wolf Manor
Patterson House
Second Street
Grapevine Inn
Queen Ann
Wimer 8t Inn
Madalina's Cottage
Laurel St. Inn
Lithia Rose
Summer Cottage
Rolling Oaks
* closures this year
5 rooms
4 rooms
3 separate cottages
3 rooms
3 rooms
*
*
*
*
*
City of Ashland
Planning Exhibit
Exhibit#_ 00"
PA # )S'... OO~2B
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Art Bullock, 791 Glendower.
/}//(% S
When the AshlandConstitution.org group began developing the core values driving city
government later published in our newspaper, ...By The People, we considE~red the Valdez
Principles. The city adopted them in 1990, and they're not in the charter. Charter Review
Committee briefly considered the Valdez Principles for the Charter. One me!mber explained
that the city doesn't pay attention to the Valdez Principles and that they really don't make any
difference, so the committee dropped it. Consider: The Valdez Principles hclve been city
policy for 15 years, yet this is our 9th annual report. What happened to the other 6? The
headline date for this year's report is October, 2003. Is this report 2 years old? Does anyone
read it? Do Valdez Principles actually mean something? Or are we just goiing through the
motions? The only thing this report does is to group city projects under Valdez categories.
We've taken a values-driven process, and turned it into staff busywork.
3 specific suggestions:
1. Ask staff to show this report on the web site as an html file with web links to each project,
so people can find out more about Valdez-relevant projects. The current P[)F file report is not
useable. With links, people can learn about the styrofoam ban, bioswales in the parking lot,
the herbicide policy for Lithia Park, the quarry restoration project, the solar ""ater heater
rebate. With gas prices at $3 per gallon, people will want to know about the bio-diesel
program. Did you know that we have a city policy for washing fire trucks? [)id you know that
we use soy oil in electric transformers? I, for one, didn't realize that we had a Cemetery Fleet.
I didn't even know that we had that many roads in the cemetery.
2. Use the Valdez Principles when you set Council goals in January. Last January, you
started from a councilor wish list. Next year, let's start from values.
3. Take these principles to heart. For example, the city wastes enormous paper, printing on
one side, using environment-nightmare vinyl bindE~rs, plastic tabs, and hazardous material
toner. We also need to look seriously at fleet conservation measures, rather than having
police keep their cars running while at dinner just to keep their computer on standby.
We need to take the revitalize the Valdez Principles or get rid of them.
The 7 Core Values in our proposed Charter Amendment #1 aren't fuzzy sYrT1bols to frame on
the back wall of Council Chambers. They're enforceable guides to run a delmocratic
government. Values are supposed to be guiding principles. If you're not going to run city
government by Valdez Principles, then let's put them aside, and use the 7 clOre values.
Thank you.
.~?ve Ourf
~gchools(;)pl~" ~rounJs
3/JbftD
PROPOSAL FOR BRISCOE & ItlNCOLN PLA YGROUNr-S
The local, non-profit group, Save Our Schools &: Playgrounds, would like to propose a
possible solution to the current situation regarding Briscoe and Lincoln playgrounds and
playing fields. This proposal is meant to be a starting point to help further negotiations
between the Ashland School District, Ashland Parks and Recreation Department, and the
City of Ashland. There are, of course, many possible variations to this proposal, and we
encourage you to explore all of the possible variations. Our aim is that the eventual
outcome be satisfactory to all parties - the District, Parks, the City, and all of the citizens
of Ashland who utilize these playgrounds.
Proposal: The Ashland Parks & Recreation Department could enter into a long-term
lease of both Briscoe and Lincoln playgrounds and playing fields in exchange for
watering and grounds maintenance of Briscoe and Lincoln. The value of those se:rvices
would be credited towards a future market value purchase if the school district ever
decides to sell the properties. This would give the Parks Department current control as
lessee and would guarantee that the Parks Department would be first in line to purchase
with a large down payment credit if the School District decides that the properties are
surplus. Meanwhile the School District would get valuable services and a relief from
water bills and the neighborhoods would get first class maintenance.
Thank you for considering this proposal and for your interest in preserving both of these
playgrounds for continued use as neighborhood parks. We appreciate your support!
Many thanks,
~. ~HL(-~-y-
Melissa Mitchell-Hooge
Save Our Schools & Playgrounds
August 8, 2005
PROPOSED LEASE WITH OPl]ON TO BUY AND RIGHT
OF FIRST REFUSAL
LESSOR: ASHLAND SCHOOL DISTRICT
LESSEE: ASHLAND PARKS & RECREATION DEPARTMENT
PROPERTY: PLAYGROUNDS & PLAYING FIELDS AT BRISCOE AND Ln\JCOLN
SCHOOLS
LEASE TERM: 20 YEARS
RECITALS
Lessor is the owner of real property situated in the City of Ashland, Oregon, commonly
known as Briscoe School and Lincoln School. At each of these schools there are
playgrounds and playing fields.
Lessor agrees to lease to Lessee and Lessee agre:es to lease from Lessor the playgrounds
and playing fields at Briscoe School and Lincoln School (the "Property") for a term of 20
years (the "Lease Term") on the terms set forth hereafter.
AGREEMENT
1. Commencing on the _ day of ,2005, Lessor shall lease to
Lessee and Lessee shall lease from Lessor the Property for the Lease Terrn
subject to the following provisions.
2. During the Lease Term Lessee shall maintain and irrigate the Property and shall
manage the Property as a park, and Lessee shall not permit the Property to be used
for any other purpose.
3. As consideration for use of the Property as a park, Lessee shall maintain the
Property in good condition and shall pay for the cost of water and maintenance for
the Property and Lessee shall maintain liability insurance for the Property with
limits of not less than $3,000,000 naming Lessor and Lessee as co-insureds.
4. At any time prior to expiration of the Lease Term, Lessee shall have the option to
purchase the Property, for cash, for the appraised value of the Property as
determined by a fee appraisal obtained by Lessee, at Lessee's expense, from an
MAl appraiser authorized by the State of Oregon to provide fee appraisals.
Lessee shall receive credit toward paym{~nt of the purchase price in an amlount
equal to $ for each month of the Lease Term during which Lessee has
performed its obligations under this Lease.
5. During the Lease Term Lessor shall not sell the Property to any party, other than
Lessee, unless Lessor first offers, in writing, to sell the Property to Lessee: for the
same price and on the same terms as any proposed sale, and Lessee fails to accept
said offer, in writing, within 30 days afte:r receipt of the same. In the event of any
sale of the Property during the Lease T elm to any party other than Lessee, this
lease shall remain in effect for the duration of the Lease Term, provided that the
Lessee's option to buy the Property shall terminate upon sale of the Property.
6. Lessor shall reserve the right to use the Property for school playgrounds at
anytime in the future (in perpetuity).
7. A memorandum of this lease shall be recorded in the deed records of Jackson
County, Oregon, together with the legal description of the Property.
Dated: This
day of
, 2005
LESSOR: LESSEE:
ASHLAND SCHOOL DISTRICT ASHLAND PARKS & RECREATION
DEPARTMENT
By: By:
RUTH Ii. MILLER
PHILIP C. LANG. LCS'w'
:-
~
758 B Street ~Ishland, Ore~on 97520
Residence 541 · 482-8659
Office/Fax 541 · 482-5387
August 16, 2005
To: Mayor
City Council
City Administrator
City Attorney
Re.: Ethics Provision in Charter
I am once again appearing here to keep the issue of an ethics
provision in our revised charter before you.
Here is a brief history of this issue:
On January 18, 2005, I appeared before you to recommend that you adopt
a code of ethics for Ashland's elected and appointed officials. I
gave you a copy of the City of Portland's Charter - Chapter 1,,03.
I am giving you a copy again, tonight,
Subsequently, the Charter Revision Commission was informed of the need
for an ethics provision in the charter at the public meetings it held.
It was not on their agenda, and was relegated to "etc.Yi or "misc."
on their various chartpaks. Their final recommendations do not
mention an ethics provision.
Meanwhile, the Ashland Constitution Dialogue group developed its
recommendations, which are before you.
On June 21, 2005, I appeared before you using the :tnstr'~nee~ofyyo.ur
accepting gifts from OSF as an example of the need for an ethics
provision that along with other important Rro,visos, stipulates that all
public officials never acc~pt gratuities of any kind in any amount.
As far as I know, except for our Mayor, \vho esche\Js accept;i.ng such
gratuities, all of you accepted OSF tickets. None Qf you has:1 to my
knowledge indicated publicly how many ti6kets youGhave receiVE~d and
their value - nor any other gratuities offered' accepted from other
entit ies. I do know that OSF proudly advertises the "gift" (sic)
it receives from the City of Ashland which exceeds $100,000.
;.
City Council re; Ethics - 8/16/05 - p. 2
On July 5, 2005, I met with the City Attorney. He had produced a
memo, dated 6/20/05, stating the GSPC rules and finding that they
had not been violated. In a subsequent Tidings article, Mr. Franell
was quoted as saying that "technological changes" that could occur
meant that ebhics provisions, if adopted, should be in an ordinance,
rather than a charter chapter.
1) In our conversation he denied saying that, \vhich implies a
"situational ethics" attitude. Core ethical principles do not
change.
2) ::V' p.ointed out that ordinances have a bad habit of being repealed,
or ignored when they don't allow the desired result (viz. repeal
of the B & B ordinance, violation then "reinstatement" of the
"Big Box" ordinance, etc.). Mr. Franell acknowledged this as a
point he had not considered.
We need to note that the GSPC ethics guidelines are less than minimal.
They are written by lawyers, for lawyers, which is what most of our
state legislators are. They are written to keep them off the hook or
get them off. They~ave little to do with core ethical values
and principles that govern our personal and business lives and should
govern our public officials.
r10re than, '3 little amusinp'; is the factthab. Ashland has an excellent I
Code of Ethics in AMC 3.08.020. Its deficiency lies in the fact
that it applies only to employees! Hould that its preamble
was respected by our elected and appointed officials and its provisions
incumbent upon them:
SECTION 3.08.020 Code of Ethics.
A. Declaration of Polic.):. The proper operation of democratic government requires that employees be
independent, impartial and responsible tet the people; that goverrunental decisions and policy be
made in the proper channels of the governmental structure; that public office not be used for personal
gain; and that the public have confidence in the iIlt~grity of its government. In recognition of these
goals, there is hereby established a Code of Ethics for all employees, whether paid or unpaid.
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I am attaching materials previously submitted in the hope that: you
will take action on ethics: a critical issue affecting everything you
do:
Portland ethics chapter
AMC ethics chapter
Essay on Ethics and City Government
,...
ETHICS & ASHLAND CITY GOVERNMENT
by: Philip C. LANG
"Morality consists in teaching people to want do do
what they ought to want to do"
Immanuel Kant (1724-1804)
The Ashland Charter Review Commission is currently rewriting the
City of Ashland Charter. It is the most important document the citizens
have, since it specifies the powers and authority that the City of
Ashland has to carry out the public's business.
Many of us were surprised to learn that "we the people" of Ashland
delegate our authority to a separate corporation, known as "The City
of Ashland" which governs and administers through legislative (Council)
executive (Mayor);and:judicial (municipal court) functions. Much of
the governance is carried out through appointed, adw~n~~trative officials -
such as the City Administrator, City Attorney, Planning Director~, etc.
Regardless of our particular political leanings, most of us are appalled
at the illegal, dishonest, and unethical behaviors of public officials
described almost daily in the press. .Ashland is not immune from such
behaviors. Surprising then that in rEwriting the City Charter, the
commission did not focus on ethics as a major topic to be added to the
Charter. At the public input meeting ethics was grouped under"miscellaneous".
Most of us think that ethics should not be relegated to "miscellaneous".
Ethics should be a major chapter in our new City Charter. This would not
be a "radical" or "new departure" for Ashland. Other cities have already
adopted a code of ethics as part of their charter - most notably Portland.
Unfortunately, the Portland Code of Ethics chapter also states that:
"The provisions of this chapter which are not elsewhere enforced by law shall
be considered advisory only". Otherwise, it could be adilipted in its
entirety for Ashland.
Are there not laws enforcing ethical behavior already on the books?
U~fortunately, no. ORS (Oregon Revised Statutes) section 244, enforced by
the Oregon Governmen:tt.Stabdards.and Practices Commission,are extremely
limited to a few, very specific, overt behaviors actionable under law.
They are also "after the fact". An official does something that raises
someone's ire or "looks wrong". The law is consulted and the act may
or may not be "illegal" under the statute. If the latter) action may -
or may not be initiated by someone.
An eJihics chapter in our charter would serve as a preamble to participation
as an elected or appointed official, staff, or citizen volunteer. It
would set an ethical framework ahead of time for participation in civic life,
It would set forth how we the people want our government - our city corporation
to act and conduct business. Stating the principles by which we should
interact within our government framework is as important as the specific
procedures for carrying onLpublic business.
;,
Ethics and Ashland City Government - p. 2
Ethics encompasses more than iliimited, specific, overt behaviors actionable
under law. The Portland Code of Ethics (Chapter 1.03) includes sections
on definitions, trust, objectivity, accountability and leadership.
Under "tni'st'! for example: "The purpose of City gO"'\lernrnent is to serve
the public. City officials treat their office as a public trustll...
and "City officials promote public respect by avoiding ev.en the appearance
of impropriety". Then there's "The City's powers and resources are use
for the benefit of the public rath~r than any official's personal benefit".
I mention these because all of the~ehave become; issues in Ashland's current
planning ~Jrocess. The Code goes on ~o discuss theblimits on intervention
on behalf of constituents (favoritism), decisions made on merits with
independent and objective judgment. "Accountability" includes mandating
self-monitoring procedures in place. "Leadership" is characterized as
having honesty, obedience to laws and regulations, and avoidance of
exploiting "loopholes" - again, recent issues in Ashland.
The cry'''you can't legislate moralityII' may be raised in an attempt to
dismiss ethical principles as part of a formal governing document. But
no one is proposing to dictate endless, specific acts to be condoned - or
punished, creating an Orwellian world of endless charges, suspiciousness
and investigations. There are, in fact, far more overt actions that
should be prohibited outright than are current in ORS 244. But the higher
aim of ethics provisions is the prevention of actionable transgressions.
Even more important is creating a climate of trust ,;equitY--_-~nEl fairplay
so critical in a functional, participatory democracy.
References
City of Ashland Charter and proposed revisions: www.ashland.or.us
City of Portland Charter: www.portlandonline.com
Oregon Revised Statutes: type in "find,;'bregon revised statutes"
Chapter 1.03 Code of Ethics
Page 1 of 3
portlandonline - home - subscribe - sign-in
;,
The City of Portland, Oregon
(-Home-'-(serVices '(Calendar YPublications '{Charter, Code & Policies~,.rDivisions ....,
Ij ~"\;'" 1-~~:-' "A ~ ~1,,~~ '~-t ~ ':',} \ t'~' 1
POL -+ Government -+ Elected Officials -+ Auditor -+ Charter, Code & Policies -+
City Code & Charter -+ Online Code & Charter -+ Title 1 General Provision -+
Chapter 1.03 Code of Ethics
Chapter 1.03 Code of Ethics
Table of Contents (Printable Version)
:Note
1.03.010 Definition~~
1.03.020 Trust.
1J)3.030 Objectivit'i--
1..1>3.040 Accountability,
L03.0S0 Leadership.
~.., --..'-----.---.------------.-.-.-.-------.- _.-._~-----'--~--~-_.._-_._~------------~._---------------~_._----~--_._----_..-
-Note
(New Section added by Ord. No. 167619, May 4, 1994.)
.---------------
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1.03.010 Definitions.
A. "City official" means any elected official, employee, appointee to a
board or commission, or citizen volunteer authorized to act on behalf of
the City of Portland, Oregon.
B. "Ethics" means positive principles of conduct. Some ethical
requirements are enforced by federal, state, or local law; others rely on
training, or on individuals' desire to do the right thing. The provisions of
this Chapter which are not elsewhere enforced by law shall be considered
advisory only.
1.03.020 Trust.
The purpose of City government is to serve the public. City officials treat
their office as a public trust.
A. The City's powers and resources are used for the benefit: of the public
rather than any official's personal benefit.
B. City officials promote public respect by avoiding even the appearance of
impropri~ty .
c. Policymakers place long-term benefit to the public as a whole above all
other considerations, including the concerns of important individuals and
special interests. However, the public interest includes protecting the
rights of under-represented minorities.
D. Administrators implement policies in good faith as equitably and
economically as possible, regardless of their personal views.
E. Whistle-blowing is appropriate on unlawful or improper actions.
F. Citizens have a fair and equal opportunity to express their views to City
officials.
G. City officials do not give the appearance of impropriety or personal gain
http://www.portlandonline.com/auditor/index.cfm ? &c=2815 3
Code of
Eth i cs
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Chapter 1.03
~
title 1 General Provision a
Chapter 1.01 Code AdoRtion
Chapter 1.03 Code of Ethics
ChaRleL1.04 C9-.IQ!:>rate Seal
Chapter 1.06 Officiali@g
Ch@.t..e.r 1.07 Documentation of
Rules &.. Policie~
ChqRter 1.08 S~rvice of Notice
1/18/2005
Ch8pter 1.03 Code of Ethics
Page 2 of3
by ac.cepting personal gifts.
H. City officials devote City resources, including paid time, working
supplie5 and capital assets, to benefit the public.
I. Political campaigns are not conducted on City time or property.
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1.03.030 Objectivity.
City officials' decisions are based on the merits of the issues. Judgment is
independent and objective.
A. City officials avoid financial conflict of interest and do not accept
benefits from people requesting to affect decisions.
B. If an individual officials financial or personal interests will be specifically
affected by a decision, the official is to withdraw from participating in the
decision.
C. City officials avoid bias or favoritism, and respect cultural differences as
part of decision-making.
D. Intervention on behalf of constituents or friends is limited to assuring
fairness of procedures, clarifying policies or improving service for citizens.
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1.03.040 Accountability.
Open government allows citizens to make informed judgments and to hold
officials accountable.
A. City officials exercise their authority with open meetings and public
records.
B. Officials who delegate responsibilities make sure the work is carried out
efficiently and ethically,
C. Campaigns for election allow the voters to make an informed choice on
appropriate criteria.
D. Each City employee and appointee is encouraged to improve City
systems by identifying problems and proposing improvements.
E. City government systems are self-monitoring, with procedures in place
to promote appropriate actions.
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1.03.050 Leadership.
A. City officials obey all laws and regulations.
B. City officials do not exploit loopholes.
c. Leadership facilitates, rather than blocks, open discussion.
D. Officials avoid discreditable personal conduct and are personally honest.
E. All City bureaus and work teams are encouraged to develop detailed
ethical standards, training, and enforcement.
F. The City Auditor will publish a pamphlet containing explanations and
examples of ethical principles.
Copyright @ 2005 Cit'Lgl Auditor Ga!y_BlackO:L~ - ~rvic~_s - C~ndar - ~ublication~ - Charter Code j~ Policies - Divisj
Portland -
http://www.portlandonline.com/auditor/index.cfm?&c=28153
1/18/2005
ASHLAND MUNICIPAL CODE
SECTION 3.08.020 Code of Ethics.
A. ~ Declaration of Policy. The proper operation of deJTIocratic government requires that employees be
independent, impartial and responsible to the people; that governmental decisions and policy be
made in the proper channels of the governmental structure; that public office not be used for personal
gain; and that the public have confidence in the integrity of its government. In recognition of these
goals, there is hereby established a Code of Ethics for all employees, whether paid or unpaid.
The purpose of this Code is to establish ethical standards of conduct for all employees by setting
forth those acts or actions that are incompatible with the best interests of the City of Ashland. It is
also the purpose of this Code to assist employees in determining the proper course of action when
faced with uncertainty regarding the propriety of a contemplated action, thereby preventing them
from unwittingly entangling public and private interests.
Through adoption of this Code the City hereby expresses its intent to maintai~ high ethlcal standards
in the City service, and to increase public confidence in the integrity of City employees.
B. Responsibilities of Public Office. Employees are agents of public purpose and are employed for the
benefit. of the public. They are bound to uphold. the Constitution of the United States and the
Constitution of this State and to carry out impartially the laws of the nation, state and the City, and
thus to foster respect for all government. They are bound to observe in their official acts the highest
standards of morality and to discharge faithfully the duties of their office regardless of personal
considerations, recognizing that the public interest nlUst be their primary concern.
C. Dedicated Service. All employees of the City should be loyal to the political objectives expressed by
the electorate and the programs developed to attain those objectives. Appointive employees should
adhere to the rules of work and performance established as the standard for their positions by the
appropriate authority.
Employees should not exceed the~r authority or breach the law or ask others to do so, and they
should work in full cooperation with other employees unless prohibited from so doing by law or by
officially recognized confidentiali,ty of their work.
D. Fair and Equal Treatment.
1. Interest in Appointments. Canvassing of members of the Councilor Mayor, directly or
indirectly, in order to obtain preferential consideration in connection with any appointment to the
City service shall disqualify the candidate for appointment except with reference to positions
filled by appointment by the Mayor or Council.
2. Use of Public Property. No employee shall request or permit the use of city-owned vehicles,
equipment, materials or property for personal convenience or profit, except when such services
are available to the public generally or are provided as municipal policy for the use of such
employee in the conduct of official business.
3. Obligations to Citizens. No employee shall grant any special consideration, treatment or
advantage to any citizen beyond that which is available to every other citizen.
E. Conflict of Interest. No employee, whether paid or unpaid, shall engage in any business or
transaction or shall have a financial or other personal interest, direct or indirect, which is
incompatible with the proper discharge of that employee's official duties in the public interest or
would tend to impair independence of judgment or action in the performance of that employee's
official duties. Personal, as distinguished from financial, interest includes an interest arising from
blood or marriage relationships or close business or political association.
Page I of 3
ASHLAND MUNICIPAL CODE
Specific conflicts of interest are enumerated below tor the guidance of employees.
. 1. Incompatible Employment. No employee shall engage in or accept private employrrlent or render
.~ services for private interests when such employment or service is incompatible with the proper
discharge of that employee's official duties or would tend to impair independence of judgment or
action in the performance of that employee's official duties.
2. Disclosure of Confidential Information. No employee shall, without proper legal authorization,
disclose confidential information concerning the property, government or affairs of the City. Nor
shall any employee use such information to advance their financial or private interest, or the
financial or private interest of others.
3. Gifts and Favors. No employee shall accept any valuable gift, whether in the form of service,
loan, thing or promise, from any person, finn or corporation which to their ]mowledge is
interested directly or indirectly in any manner w.hatsoever in business dealings with the City; nor
shall any such employee (I) accept any gift, favor or thing of value that may tend to influence the
employee in the discharge of their duties, or (2) grant, in the discharge of their duties, any
improper favor, service or thing of value.
4. Representing Private Interests Before City Agencies or Courts. No employee whose salary is
paid in whole or in part by the City shall appear in behalf of private interests before any agency
of the City. An employee shall not represent private interests in any action or proceeding against
the interests of the City in any litigation to which the City is a party, unless the employee is
representing himself/herself as a private citizen on purely personal business.
No employee shall accept a retainer or compensation that is contingent upon a specific action by
a City agency.
5. Contracts with the City. Any employee who has a substantial or controlling financial interest in
any business entity, transaction or contract with the City, or in the sale of real estate, materials,
supplies or services to the City, shall make known to the proper authority such interest in any
matter on which that employee may be called to act in an official capacity. The elnployee shall
refrain from participating in the transaction or the making of such contract or sale.
An employee shall not be deemed interested in any contract or purchase or sale of land or other
thing of value unless such contract or sale is approved, awarded, entered into, or authorized by
the employee in an official capacity.
6. Disclosure of Interest in Legislation. Any employee who has a financial or other private interest,
and who participates in discussion with or gives an official opinion to the Council, shall disclose
on the records of the Councilor other appropriate authority the nature and extent of such interest.
F. ~olitical Activity. No employee in the administrative service shall use the prestige of their position
in behalf of any political party. No employee in the administrative service shall orally, by letter or
otherwise, solicit or be in any manner concerned in soliciting any assessment, subscription or
contribution to any political party; nor shall an employee be a party to such solicitation by others; nor
shall an employee take an active part in political campaigns for candidates while in the performance
of duties in an official capacity.
No employee shall promise an appointment to any municipal position as a reward for any political
acti vi ty.
G. Applicability of Code. When an employee has doubt as to the applicability of a provision of this
code to a particular situation, they should apply to the City Administrator, who is charged with the
implementation of this code for an advisory opinion, and be guided by that opinion when given. The
Page 2 of 3
ASHLAND MUNICIPAL CODE
employee shall have the opportunity to present their interpretation of the facts at issue and of the
Z, applicable provision(s) of the code before such advisory decision is made. All such requests for
advice shall be treated as confidential. This code shall be operative in all instances covered by its
provisions except when superseded by an applicable statute, ordinance or resolution, and each
statute, ordinance or resolution action is mandatory, or when the application of a statute, ordinance or
resolution provision is discretionary but detennined to be more appropriate or desirable.
H. Sanctions. Violation of any provisions of this code should raise conscientious questions for the
employee concerned as to whether voluntary resignation or other action is indicated to promote the
best interest of the City. Violation shall constitute cause for disciplinary action.
Page 3 of3
Citizen Speaker Request Form
Please complete this form and return to the City Recorder.
THIS FORM IS A PUBLIC RECORD
ALL INFORMATION PROVIDED WILL BE MADE AVAILABLE TO THE PUBLIC
Meeting Date:/6' /906 _cJ L
SUBJECT:-L,4 2!JtJS - c){)3::2.%"
AGENDA NUMBER (if on tonight's agenda): M V J P t.JIJLJ~ JYc;),fliV'M6
LAND USE HEARING (Please check one): FOR:
AGAINST:
NAME
L1!/CcA/7 rdClh7~<.fdAJ
(Please.print)
ADDRESS (no P.O. box): ~ /i LC, I J d/!;I
PH@NENIDMBER: ~?f -' ~~d 7
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WRITTEN COMMENTS: -7 j)~ AI~r L.r~Lle;'e / 7' /I1Arr~/Z:..J
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IF rHE 7g/ F ~CJP/L .lL /# rlflR..,P?>A!?./?~:.o /# rHc /CO&1"c L.,/ ~7:
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