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Home My WebLink About2007-0821 Council Mtg Packet CITY OF ASHLAND 1m ortant: Any citizen may orally a omments to the Council on an or public hearings, there is no a Pre g Officer may allow oral t participation. If you wish to The chair will recognize you ahd some extent on the nature of the i em s the Council on non-agenda items during the Public Forum. Any citi ay submit on the Agenda, unless it is the subject of a public hearing and the rec closed. . t to orally address the Council on an agenda item Time pemn the r, public meetings law guarantees only public attendance, not public Speaker Re form located near the entrance to tbeCouncil bers. the amount of allotted to you, if any. The time granted will b pendent sion, the number of people who wish to be heard, and the length of the agenda. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL August 21, 2007 Civic Center Council Chambers 1175 E. Main Street 6:00 p.m. Executive Session to discuss: pending litigation pursuant to ORS 192.660(2)(h) 7:00 p.m. Regular Meeting I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES V. APPROVAL OF MINUTES [5 minutes) 1. Executive Session meeting minutes of August 7, 2007 2, Regular Council meeting minutes of August 7,2007 VI. SPECIAL PRESENTATIONS & AWARDS None. VII. CONSENT AGENDA [5 minutes] 1. Minutes of Boards, Commissions, and Committees 2. Quarterly Financial Report: April- June, 2007 3. Mayor's Appointment to Various Commissions VIII. 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 92.04.040}) 1. Council Appeal of PA2007-00455, 247 Otis Street Final Plan IX. 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] X. UNFINISHED BUSINESS 1. Library Update C'OL'NCILMEECITNGS ARE BROADCAS'r LIVE ON CHANNEL 9 vrsrrrIIE (Try or: ASIILAND'S wr:n srrE: AT WWW.ASFIL.AND.OR.US XI. NEW AND MISCELLANEOUS BUSINESS None. XII. ORDINANCES. RESOLUTIONS AND CONTRACTS 1. Reading of a Resolution titled, "A Resolution Adopting a Supplemental Budget Establishing Appropriations Within the 2007-2008 Budget" 2. First reading by title only of an Ordinance titled, "An Ordinance Amending the Ashland Municipal Code, Land Use Ordinance, Regarding Conversion of Existing Rentals Into For- Purchase Housing in Multi-Family Zoning Districts" XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS XIV. 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 (ITY 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). ~ I ~ 4d-.d ~ ~ ~ j, ~ - ~~ t'-. j~] G ~ , ~ 1 ~ :::s-- V\ ~ $ ~ ... + -- ('Ol'NCIL MEFfINGS AREBRC)ADCAST' LIVE ON CHANNEL 9 V]SrTrln~ crrv or: ASIIL1\ND'S WEn srTT: AI' WWW.ASIIL.1\ND.OR.US ASHLAND CITY COUNCiL MEETiNG AUGUST 7,2007 PAGE 1 of7 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL August 7, 2007 Civic Center Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Morrison called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers. ROLLCALL ~ Councilor Navickas, Hardesty, Hartzell, Ja , Silbiger and Chapman were present. Councilor Jackson was absent. MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES Mayor Morrison announced vacancies on the Tree, Bicycle & Pedestrian, Forest Lands, Historic, and Traffic Safety Commissions. APPROVAL OF MINUTES The minutes of the Executive Session Meeting of July 17,2007, Annual General Meeting between City Council and Ashland Community Hospital of July 17,2007, Regular Council Meeting of July 17,2007 and Continued Council Meeting of July 18, 2007 were approved as presented. SPECIAL PRESENTATIONS & AWARDS Presentation was made by Ashland City Band Director, Don Bieghler, regarding the upcoming trip to Guanajuato, Mexico to celebrate the 40th anniversary of Ashland's Sister City relationship. CONSENT AGENDA 1. Minutes of Boards, Commissions, and Committees. 2. Approval of a Public Contract greater than $75,000 - Electric Wire. 3. Response Letter to County Administrator Danny Jordan. 4. Approval of Agreement with Central Oregon & Pacific Railroad Regarding the Improvement of the East Main Street Rail Crossing. 5. Request for Water Service to Residence Located Outside the City Limits. 6. Liquor License Application - Annual Approvals. 7. Approval of a Sole Source Procurement Greater than $75,000 - Dry Creek LandfIll. Councilor Hartzell requested Items #3 and #5 be pulled for discussion. Councilor Hardesty requested Item #2 be pulled for discussion. Councilor Hartzell/Chapman m/s to approve Consent Agenda Items #1, #4, #6 and #7. Voice Vote: all AYES. Motion passed 5-0. Administrative Services Direction Lee Tuneberg provided a short explanation as to why the City needs to purchase this amount of electric wire. He clarified the City often performs repairs or maintenance and noted some of the wire will go into inventory, but the rest will go directly into projects where the City performs the wmng. City Administrator Martha Bennett commented on Item #3 and clarified if the City wishes to place something on the November 2008 ballot, there is a July deadline. ASHLAND CITY COUNCIL A1EETlNG AUGUST 7.2007 PAGE 2 of7 Councilor Hartzell expressed concern with pushing the County to move faster with the RFP. Councilor Navickas voiced his disappointment that the letter does not include a statement regarding the City's position on privatization. Councilor Hartzell suggested either striking or modifying the sentence "Any funding solutions that will require a vote of the people must be identified in the next several months in order to prepare for the September or November 2008 ballot". Councilor Silbigermade an alternate suggestion and proposed changing the phrase "the next several months" to "in a timely manner". Staff noted Council's suggestions and indicated they would look into making this modification. City Engineer Jim Olson commented on Item #5. He clarified the request that came before Council recently was for sanitary sewer, not water. He commented on this particular request and noted that there are not many areas where all of the elements come together that enable a residence to connect to the City's water system. Councilor Hartzell expressed concern that allowing these types of connections in a piece meal way may place pressure on getting TAP sooner than the Water Master Plan predicted. Councilor Silbiger questioned if it would be better to annex the property now, and noted the City could then collect property taxes. Shannon Beebe/3013 East Main Street/Clarified the parcel size is 1.7 acres. She also clarified the property is for sale and is currently on the market. Assistant City Attorney Richard Appicello noted there is already a condition in place that requires the property owner to sign a consent to annexation. Councilor Hardesty/Silbiger m/s to approve Consent Agenda Item #5. Voice Vote: all AYES. Motion passed 5-0. Councilor Chapman/Navickas to approve Consent Agenda Items #2 and #3. Voice Vote: all AYES. Motion passed 5-0. Councilor Hartzell/Hardesty m/s to direct staffto consider the comments made and return to Council with a memo on the merits of annexing this property. Motion was withdrawn. PUBLIC HEARINGS (None) PUBLIC FORUM Larry Morningstar/858 A Street/Invited the Mayor, City Council and community to a Peace Village Festival at the Jackson Hot Springs on August 25,2007. Pauline Black/974 Pinecrest Terrace/Commented on Library issue. She stated the Request for Proposal's (RFP) for the privatization of the library were received this Monday and noted that the County is forming a review board and requested a representative from Ashland participate on this committee. Art Bullock/Spoke regarding a public notice he received from the City in regards to the proposed land use changes. He stated the notice was not descriptive enough in its explanation to the property owners and stated the changes came from the Planning Director, who he does not believe has the power to write law. Mr. Bullock stated the changes undue precedence that has been set by the Council and expressed concern with the proposed schedule. Mr. Bullock submitted a paper he produces titled "Of the People..." ASHLAND CITY COUNCIL MEET/NG AUGUST 7.2007 PAGE 3 of7 Councilor Hartzell clarified the public hearing for the proposed land use changes would be initiated on September 11,2007; however, the Planning Commission agreed to hold as many meeting as needed to ensure sure the public is informed and given the opportunity to provide input. Ron Elterman/355 Glenn Street/Spoke regarding the proposed tethering ordinance and how there are many people who are in favor of this ordinance. Linda Lowe/Spoke regarding the proposed tethering ordinance and requested the Council to keep this "on their plate". Philip Lang/758 B Street/Spoke regarding the Oregon Shakespeare Festival bricks and requested that the Council reconsider their approval of allowing the replacement of the bricks to "slide". He requested the Council require aSF to repair the bricks immediately following this season, in accordance with the law, their lease, and the public interest. Mr. Lang noted news articles from the Mail Tribune printed on July 28, 2007 and submitted a letter on this subject into the public record. UNFINISHED BUSINESS 1. LUBA 2007-113 (Deliberation only) PA 2006-02354. Abstentions. Conflicts. Ex Parte Contacts Councilors Hardesty, Navickas, Chapman, and Silbiger indicated they have had no ex parte contact. Mayor Morrison announced he also has had no ex parte contact. Councilor Hartzell noted she had heard that this property is for sale; however, this would not influence her decision. Council Hardesty noted that she had also heard this information and had noticed the "For Sale" sign on the property. Assistant City Attorney Richard Appicello explained that the Council had previously issued a decision and had adopted Findings for this planning action, and were planning to ratify these Findings. He stated because of the LURA appeal, this issue was taken out of the City's jurisdiction; however, he filed a withdrawal and reconsideration with LURA so the Council could ratify the Findings. He noted the options currently before Council and recommended they move forward with Option 2, which is to adopt the shorter version of the Findings, which were presented on June 18, 2007. Mr. Appicello clarified Option 2 is also the closest to reaffirming the Planning Commission's decision. Councilor Hardesty/Silbiger m/s to adopt Option #2 and authorize the Mayor to sign the Findings. DISCUSSION: Councilor Navickas voiced his disappointment in the process and voiced support for accepting Option #3 instead. Mayor Morrison stated he also supports Option #3, but can live with Option #2 if that is what the Council wants to do. Roll Call Vote: Councilor Chapman and Hardesty, YES. Councilor Hartzell, Silbiger and Navickas, NO. Motion Failed 3-2. Councilor Navickas/Silbiger m/s to adopt Option #3. Roll Call Vote: Councilor Hardesty, Silbiger and Navickas, YES. Councilor Hartzell and Chapman, NO. Motion passed 3-2. 2. Findings of Fact and Conclusions of Law for P A 2006-01784, 720 Grandview Drive. Councilor Hartzell/Chapman m/s to adopt the Findings as presented. Roll Call Vote: Councilor Hardesty, Chapman, Navickas, Hartzell and Silbiger, YES. Motion passed 5-0. ASHLAND CITY COUNCIL MEETING AUGUST 7, 2007 PAGE 4 of7 3. FY 2007-08 Chamber of Commerce Contract. Councilor Silbiger/HartzeU m/s to approve monthly payments of the granted amounts to the Chamber of Commerce through the end of September 2007. Roll Call Vote: Councilor Hartzell, Silbiger, Chapman, Navickas and Hardesty, YES. Motion passed 5-0. NEW AND MISCELLANEOUS BUSINESS (None) ORDINANCES. RESOLUTIONS AND CONTRACTS 1. First Reading by title only of an Ordinance titled, "An Ordinance Amending the Ashland Municipal Code, Chapter 2.12, City Planning Commission". Community Development Director David Stalheim, Planning Commissioner Chair John Stromberg and Planning Commissioner Dave Dotterrer presented the proposed amendments. Mr. Stromberg stated the major recommendation is a new statement of the Planning Commission's powers and duties and noted the secondary recommendations as the following: 1) Remove City Attorney and Engineer as ex officio members, 2) Allow the Mayor to designate someone to serve in hislher place as an ex officio member of the Commission, 3) Allow the Commission to decide when it elects officers, 4) Require a majority of the full Commission when recommending changes to the Comprehensive Plan or Land Use Ordinances, and 5) Retain the former powers and duties on a "may exercise" basis. Mr. Dotterrer commented that the duties are not clear and the Planning Commission has been given more duties than they can realistically accomplish. He noted the Commission has been spending the majority of its time dealing with planning actions and not addressing the bigger planning issues. He commented on what is permitted under State law and noted a survey of other Oregon cities was completed and resulted in a "menu" of potential Commission duties. Mr. Dotterrer stated their recommendation focuses the Commission's efforts and clearly states why there is a Planning Commission and what they are expected to do. He commented on the function of land use planning and clarified the statement that the Planning Commission would have direction and oversight of this function is meant as a broad intent statement and does not give the Planning Commission any authority over staff. Comment was made regarding whether it is still appropriate to allow up to two non-residents on the Commission. Mr. Stromberg and Mr. Dotterrer stated the Commission did not discuss this, but noted that the State's guidelines indicates studying and making recommendations about anything affecting the health, welfare, and safety within a 6-mile radius of the City limits. Mayor Morrison noted he interprets this to mean individuals who live within the Urban Growth Boundary (UGB). Comment was made that the proposal seems to make the Planning Commission the official steward of the Comprehensive Plan instead of the Council. Mr. Stromberg noted that everything the Planning Commission does results in a recommendation that goes before the Council, and they are essentially providing support servIces. Mr. Stromberg commented that the Planning Commission has been working in isolation and have not been involved in regional problem solving, and there was general consensus among the Commission that they should begin to make these connections. Comment was made that the language in the "Powers and Duties" section appears give the Planning Commission more power and staff was asked to offer their suggestions. Mr. Appicello stated the Council could include a disclaimer that states "nothing herein grants the Planning Commission authority to supervise ASHLAND CiTY COUNCiL A1EETlNG A [JGUST 7. 2007 PAGE 5 of7 the Planning Department or Planning staff', but does not know that this is necessary. City Adminsitrator Martha Bennett offered an alternate suggestion to delete "...to and oversight of..." and replace with "providing advice and recommendations to the City Council regarding ...". She stated the troublesome word in this section is "oversight". Mr. Dotterrer explained the intent of this language is for the Planning Commission to oversee the process and provide direction and then bring forward recommendations to the Council. Mr. Stromberg briefly commented on the terms "direction", "oversight", and "stewardship" and how they interpreted these words. Comment was made questioning how the transportation system and planning would fit in with the land use planning. Mr. Dotterrer noted this issue was discussed by the Commission, but after looking at their priorities it was determined that they would not able to accomplish this task. It was suggested that the City form a Transportation Commission that would work in conjunction with the Traffic Safety and Bicycle & Pedestrian Commissions to handle this. More concern was expressed with the phrase "direction and oversight" contained in Section 4. Ms. Bennett offered an additional suggestion to change the first sentence to "The Planning Commission is the apopinted citizen body with the primary role and responsibility of providing advice and recommendations to the City Council regarding the direction of City land use planning...". Mayor Morrison cautioned the Council to not get into wordsmithing and suggested they move ahead by having a Study Session where the Council and members of the Planning Commission could come together. Opposition was voiced to this suggestion and requests were made for the Council to continue with this discussion tonight. Mr. Stromberg requested clarification as to whether the Mayor should continue to be an ex-officio member. Mayor Morrison commented on the benefits of this and voiced his preference for the Mayor to be the ex- officio member. Councilor Hartzell offered the following suggestions: 1) include representatives of the City's Legal and Engineering Offices as ex officio members, 2) regarding the issue of non-resident members, requested this be changed to individuals living within the Urban Growth Boundary, 3) voiced support for adding the disclaimer as suggested by Mr. Appicello, 4) regarding Section 2, suggested the language "in the month after the annual appointment process", 5) regarding Section 4(B), suggested eliminating "Develop, review, and maintain the Comprehensive Plan...", and 6) regarding Section 4(B)(3), requested some rewording be done on the last part of the sentence. Councilor Navickas noted the importance of comparing what is being proposed to the previous ordinance and stated there is a big difference between the two. He suggested that the proposed language is too strong and should be toned down, and voiced his disappointment about the loss of emphasis on the industrial and economic needs of the community. He also stated that he does not believe the Comprehensive Plan should fall under the Planning Commission's authority. Mr. Stromberg agreed that the industrial and economic piece has been neglected, but does not believe the Planning Commission will be able to handle this while simultaneously performing the land use planning. Councilor Hardesty voiced her support for a Transportation Commission to handle the economic and industrial development element. Regarding the language in Section 4(B), she suggested modifying it to read "Develop, review, and maintain the land use element of the Comprehensive Plan", and then have a coordinating function with the other aspects of the Comprehensive Plan. ASHLAND CITY COUNCIL MEET/NG AUGUST 7,2007 PAGE 60f7 Mr. Stromberg acknowledged the Council's suggestions and stated they will take their comments back to the Planning Commission and will return to the Council with a revised proposal. He noted that they will need to know whether or not the Council feels the Comprehensive Plan needs to be revised. Art Bullock/Stated the Planning Commission is primarily a legislative committee, but they also provide judicial functions when handling planning actions. Mr. Bullock stated the proposal before Council increases the power of the Planning Commission. He voiced his opinion that the Comprehensive Plan needs to be revised, but stated the direction regarding this should come from the Council, not the Planning Commission. He also commented that the proposal does not deal with CP AC and stated the City is in violation of State law due to the lack of this. Paul Copeland/462 Jennifer Street/Commented on transportation and industrial planning and suggested they include this in the Planning Commission's proposal, even if the Commission does not currently have the ability to work on this element. Council offered their final comments and it was agreed that they had given the Planning Commission enough direction for them to incorporate and return to Council with a revised proposal. Recommendation was made that when this issue does come back, that the Council be as vigilant as possible about moving it forward. Comment was made that it is important for the industrial, transportation, economic planning and CP AC issues not "slip through the cracks". Additional suggestion was made for the ordinance to include a definition of land use planning. 2. Second Reading by title only of an Ordinance titled, "An Ordinance Amending AMC 3.08.020 To Apply Ethics Provisions to Employees, Appointed Officials and Elected Officials". Mayor Morrison announced that Councilor Jackson had requested this item be postponed until she could be in attendance and it was noted that she has specific recommendations she would like to make. Council agreed to bring this item back in September. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS Request was made for clarification on the Mt. Ashland Association issue. City Administrator Martha Bennett explained she has a very short meeting scheduled with a Mt. Ashland Association (MAA) staff person to go over the motion. She noted this is the only action she was planning on taking until Council has had the opportunity to meet again on this issue in September. Councilor Hartzell voiced her preference for the City's attorney to speak with MAA's attorney instead. Ms. Bennett acknowledged her concerns, but noted that there is an agreement in place that any talks will be done under the terms related to settlement loss and cannot be used in the lawsuit. Councilor Navickas voiced his preference for no discussions to occur until the Council has had the opportunity to discuss this again. Councilor Chapman commented that he does not see any harm in Ms. Bennett meeting with MAA. Councilor Hardesty voiced her discomfort in discussing this issue, as it is not listed on the agenda. Ms. Bennett reminded the Council that the direction given to her was to continue to work cooperatively with MAA to the extent possible. She stated if Council does not wish her to speak with them at all, then this is completely contrary to direction that she was given. She stressed that she will not be making any commitments on behalf of the City and offered her opinion that not speaking them would be a mistake. ASHLAND UTY COUNUL MEETiNG AUGUST 7.2007 PAGE 70f7 Mayor Morrison announced the meeting is adjourned. Councilor Hartzell motioned for staff to work with Council in the next couple of days to arrange a Special Meeting. Mayor Morrison denied allowing the motion to move forward. ADJOURNMENT Meeting adjourned at 9:39 p.m. Barbara Christensen, City Recorder John W. Morrison, Mayor CITY OF ASHLAND ASHLAND PLANNING COMMISSION HEARINGS BOARD MINUTES JULY 10, 2007 CALL TO ORDER - Second Vice Chair Dave Dotterrer called the meeting to order at 1 :30 p.rn. at the AsWand Civic Center, 1175 E. Main Street. Commissioners Present: Dave Dotterrer, Second Vice Chair Pam Marsh Michael Dawkins Absent Members: None Council Liaison: Cate Hartzell, absent Staff Present: Derek Severson, Associate Planner Angela Barry, Assistant Planner Sue Yates, Executive Secretary TYPE I PLANNING ACTIONS PLANNING ACTION: 2007-00982 SUBJECT PROPERTY: 465 Jennifer St. OWNER/APPLICANT: Paul and Margaret Carlson DESCRIPTION: A request for a Conditional Use Permit to construct a 498 square foot Accessory Residential Unit for the property located at 465 Jennifer St. The new Accessory Residential Unit would be within the existing home. This actions stands approved. PLANNING ACTION: PA-2007-00579 SUBJECT PROPERTY: 485 A St OWNER/APPLICANT: Heiland Hoff DESCRIPTION: A request for a modification of a previously approved Site Review for the property at 485 A Street to allow a reconfiguration of the approved parking lot layout. This action stands approved. PLANNING ACTION: PA-2007-00803 SUBJECT PROPERTY: 711 Faith Av OWNER/APPLICANT: Navickas, Joanne & Eric DESCRIPTION: A request for a Conditional Use Permit and Site Review approval to construct a 488 square foot Accessory Residential Unit for the property located at 711 Faith Avenue. A 224 square foot addition will be added to an existing 264 square foot detached studio space to create the new Accessory Residential Unit. The application includes a request for a Conditional Use Permit to modify the existing non-conforming studio, which is located three feet from the south side property line where a six-foot side yard setback is required. The proposed addition will comply with the required yard setbacks. This action stands approved. TYPE II PUBLIC HEARINGS PLANNING ACTION: 2007-00785 SUBJECT PROPERTY: 205 Skycrest Dr. OWNER/APPLICANT: Chris and Vivien Cook DESCRIPTION: A request for a Physical & Environmental Constraints Review Permit for the construction of a single-family home and driveway on Hillside and Severe Constraints Lands. The application also includes a request for a Type II Variance to exceed allowed lot coverage by731 square feet due to an existing shared driveway and a request for a Variance to the Solar Setback requirement. Site Visits and Ex Parte Contacts - Dawkins had a site visit. The others did not. STAFF REPORT Barry reviewed the Staff Report. --The lot is served by a private drive. The access was approved at the time of Subdivision approval due to the steep slopes within the right-of-way. Staff believes the criteria for the Physical and Environmental Constraints pennit have been met. Only four trees, not five, are scheduled to be removed. --With regard to the solar wavier, the applicants are requesting less shading of habitable space than had been previously recorded. --The lot coverage requirement in Rural Residential is 20 percent. According to the applicant's revised findings, they are requesting an additional 660 square feet oflot coverage to compensate for the portion of the drive that serves the adjacent parcel. The Variance appears to meet the criteria because the situation is pre-existing and unique to the property. The 63 square feet they are requesting between the paved portion of the easement and the newly constructed drive and parking area does not appear to meet the criteria. Condition 6 has been added to clarify the extent of the Variance. PUBLIC HEARING MARK KNOX, Urban Development Services, 320 E. Main Street, Suite 202, is representing Vivien Cook. He gave some history concerning how the application got to the Commission today. He explained that the right-of-way continues to Strawberry Park. At the time of Final Plan, Staff asked the owners to put in a private driveway and still meet the Fire Department requirements. The drive went in on both the east and west sides of the street and by doing that, it forced the improvement on the private property, not making it subject to impervious surface. In a typical situation, the house could be larger. Dotterrer closed the public hearing. Staff Comments - Staff had no comments. COMMISSIONERS' DISCUSSION AND MOTION Dawkins/Marsh m/s to approve PA2007-00785 with Staffs recommended Conditions. Roll Call: The motion was unanimously approved. UNFINISHED BUSINESS - Adoption of Findings, Conclusions and Orders It was moved and seconded to approve the Findings for 205 Skycrest, PA2007-00785, Vivien Cook. Voice Vote: ADJOURNMENT - The meeting was adjourned at 1 :50 p.m. Respectfully submitted by, Sue Yates, Executive Secretary ASHLAND PLANNING COMMISSION HEARINGS BOARD MINUTES JULY 10, 2007 2 CITY OF ASHLAND ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES JULY 10, 2007 CALL TO ORDER - Chair John Stromberg called the meeting to order at 7:00 p.rn. at the AsWand Civic Center, 1175 E. Main Street, Ashland, OR. Commissioners Present: John Fields, Chair Michael Dawkins Dave Dotterrer Tom Dimitre John Stromberg Mike Morris Melanie Mindlin Olena Black Pam Marsh Council Liaison: Cate Hartzell, Council Liaison, absent Staff Present: David Stalheim, Community Development Director Maria Harris, Senior Planner Derek Severson, Associate Planner Sue Yates, Executive Secretary ANNOUNCEMENTS - There will be a special meeting of the Planning Commission on July 31 st at 7:00 p.m. at the Council Chambers to begin discussing the Land Use Ordinance revisions and the Siegel amendments. This will be just the fIrst of several opportunities for the public to comment. Stromberg said, as an experiment, he will be sending a consent agenda to the Commissioners about a week in advance of the regular meeting so the Commissioners will have an opportunity to either add or take things off the consent agenda. For example, if there are no changes to the minutes, they could be left on the consent agenda and everything on the consent agenda can be passed at one time. Stromberg said he will be trying at tonight's meeting to hold all the speakers to the applicable criteria. He asked the Commissioners to intervene ifhe starts to get too rigorous with it. APPROVAL OF AGENDA - Voice Vote: Everyone favored the agenda as it stands. APPROVAL OF MINUTES Marsh/Dotterrer m/s to approve the minutes of the May 29,2007 Planning Commission Study Session. Voice Vote: Approved. DotterrerlMarsh m/s to approve the June 2, 2007 Planning Commission Retreat minutes. Voice Vote: Approved. Dotterrer/Dawkins m/s to approve the minutes of the June 12, 2007 Hearings Board meeting. Voice Vote: Approved. DotterrerlMorris m/s to approve the minutes of the June 12,2007 Planning Commission meeting. Voice Vote: Approved with Black and Marsh abstaining. DimitrelMarsh m/s to approve the minutes of the June 26, 2007 Planning Commission Study Session. Voice Vote: Approved. PUBLIC FORUM - No one came forth to speak. TYPE II PUBLIC HEARINGS PLANNING ACTION: PA2007.00455 SUBJECT PROPERTY: 247 Otis Street OWNER/APPLICANT: Sage Development LLC DESCRIPTION: A request for Final Plan approval under the Performance Standards Options Chapter 18.88 for an 18.unit residential subdivision, including one lot containing the existing home and swimming pool structure on the site, for the property located at 247 Otis Street. The application was preliminarily approved by city staff on May 24, 2007. Prior to the administrative approval being finalized, a public hearing was requested on June 4, 2007. Ex Parte Contacts/Bias/Conflict of Interest - Dawkins had a site visit. Black had a site visit. She did not feel she could judge this action objectively and chose to step down and left the roorn. No other Commissioners had additional site visits. 5T AFF REPORT Harris explained the approval criteria for Final Plan as referenced in the Staff Report. Final Plan was administratively approved on May 24,2007 and a request for public hearing was received on June 4th, 2007, Since Outline Plan, the only changes have been to the open spaces that are in direct response to the Conditions of approval attached to Outline Plan. There were two open spaces and there are now four in Final Plan. Condition 3 has been added reconfiguring Lot 14 to include a flag pole connection to the new street in the subdivision, eliminating the driveway access and eliminating the flag pole connecting to Randy. Final Plan identifies six trees for removal. The easement for the water was a requirement for Outline Plan and the applicants have provided language for it. Also, the Division of State Lands (DSL) approved the wetland delineation as reflected in the Final Plan. Harris handed out suggested changes to Conditions 14 and 15. Staffis suggesting deleting the last sentence of Condition 14 and it will say "Wheelchair ramps shall be provided on both ends of the off-street multi-use path adjacent to the wetland open space and through the tree park open space." Condition 15 requires the path through the treed open space be paved and eight feet in width. The standard for a multi-use path is six to ten feet and is required to be paved. Besides the requirement, in the findings for Outline Plan, the path through the open space was found to be an important transportation connection so that people can get from the middle of the subdivision on the south side of the subdivision to the corner, out to the Randy Street sidewalk. The Findings state specifically "pedestrians and bicyclist." Paths need to be designed for all kinds of users. Dimitre understood we wanted a letter from the Oregon Water Resources Department about the permit. Is a letter from the applicant adequate verification that no permit is required? PUBLIC HEARING Devian Aguirre, Sage Development, 190 Clover Lane, introduced Kerry KenCairn, landscape designer and Mike Thornton, civil engineer. Aguirre said they have met the Conditions of approval for Outline Plan. They have succeeded in being approved by the State for the wetlands review. She said she would prefer using a permeable surface on the path between the newly formed Drager and Randy. She would like to make it handicap accessible, but permeable. With regard to water rights, there is information from Harold Center, a certified Water Rights Examiner. KenCairn contacted the Water Master and found there is no requirement for a water right for the stated use. Dimitre asked the applicant about Condition 37. Aguirre said they do not have a problem with the LID. KenCairn said DSL reviewed their delineation of the wetlands and ended up adding a finger of wetland and decided two of the wetlands they mitigated for are not wetlands. The mitigation requirement is 150 percent and they are way over that percentage. KenCairn said they would prefer to use a more natural path, but because the path will be a major transportation route through a subdivision they are willing to agree to a paved surface. CYNDI DION, 897 Hillview Drive, addressed four items. o Storm Drain Detention: She understands the City is probably going to suggest they have an oversized storm drain detention system to potentially cool the very warm water that is coming out of the spring box. She is not happy that this has to be heavily engineered. She would rather have it openly ponded than undergrounded and under the street. How much estimated water will be detained before going down Glendower? o Multi-Use Path: She is hoping the Planning Commission will consider a pervious surface. The trees are large maples that require a lot of water. She would like to see the path six feet wide. o She thanked Staff for recommending Lot 14 to access off Drager. L1JA APPLEBERRY, 704 Willow Street, agreed with almost all of what Dion has said. She believes they have dealt with the water and spring in a respectful manner and is optimistic that the plan will work. ART BULLOCK, 791 Glendower, in addressing the criteria noted what he believes to be the remaining issues: o The major access streets have not been identified and there has not been a commitment or requirement as required by code that the streets be improved to City Standards. o He does not believe the non-remonstrance agreement satisfies the law with regard to the Laurel Street LID. As soon as the project is approved, the applicant can change her mind, void the non-remonstrance agreement, and not participate in the LID. ASHLAND PLANNING COMMISSION 2 REGULAR MEETING MINUTES JULY 10, 2007 a The Tree Commission has not considered this application due to their meeting cancellation and lack of quorum. He wanted them to review 1) impervious surfaces vs. pervious surfaces under the maple trees near the path, and 2) the driveway from Randy Street to Lot 14. a He believes the water feature uses water, yet the easement document does not satisfy the requirement that the water be protected for the homeowner's association. There is no guarantee the water feature will get any water at all. a There is no document in the file showing the pool must be protected in perpetuity as per DSL. Instead, the Condition says to do it later and let the Legal Dept. approve it. That robs the public any opportunity to object at a public hearing. a The Water Master's letter and details are not adequate to satisfy the Condition. They need a decision from the Water Master on the rights related to this property. a There are still too many unknowns concerning the storm drain detention. He is especially concerned with the heat of the water and the amount of water. Rebuttal- Aguirre said it is noted in the packet that the water temperature has been tested and is from 80 to 81 degrees. The storm water detention issues are technical in nature and she is not qualified to deal with it. That has been left to their civil engineer and the City's Utility Department. KenCairn said they can use pervious paving (pervious concrete, asphalt or other) in the tree protection zones. She explained that the water that is going to be in the street, underground and detained is just the water off the streets, not any of the wetland or spring water. She said the water corning out of the ground on this property and going into a swimming pool does not require a permit. KenCairn explained that the surveyor attempted to create a legal way to create Lot 14 and give it public street presence. Thornton said they are happy to follow the Condition regarding storm water detention. Aguirre added that she has not had an experience in breaking a commitment after signing a LID. It is not her decision to improve Laurel. KenCairn thought the Condition regarding the mutli-use path should be amended to read "That paving within the tree protection zone shall be pervious paving." It is Aguirre's understanding that the well is more than capable of supplying adequate water flow to supply the pool and the water feature. As long as the water flows, it will go one-halfto the homeowner's association and one-half to Lot 18. Stromberg closed the public hearing and the record. Staff Response by Staff and Legal Counsel Harris said the CC&R's state the fencing has to be no greater than four feet in height on all the common areas. The Condition will allow some latitude the way it is written regarding the path and is acceptable because there is a clause "all weather comparable surfaces." Richard Appicello, Assistant City Attorney, addressed the compliance with Street Standards and referred to Page 10 of the Council Findings of Fact, Conclusions of Law and Order dated January 2,2007. He said Page 11 of the Findings addresses the Laurel Street LID. The delegation of the easement was also raised before the Council and is addressed on Page 12 of the Findings. Stalheim said the Tree Commission is an advisory body and is not required to review plans. Appicello said the letter from the engineer concerning water rights, provided by the applicant, is acceptable. With regard to Condition 37, the language came from Page 10 and 11 from the Council Findings. Stromberg asked about the assertion that we don't know if the storm drain detention will sufficiently cool the water. Harris responded this is an Outline Plan criteria - there is adequate capacity of all the public facilities, including storm drains. She knows that Engineering and the applicant are working on a detention system and they are aware of the concerns. Stalheim said because the path is a public easement, the applicants need to comply with Americans with Disabilities (ADA). ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES JULY 10, 2007 3 COMMISSIONERS' DISCUSSION AND MOTION Fields/Dotterrer m/s approve Final Plan for PA2007-00455 with the amended Conditions 14 and 15 by Staff as follows: "Wheelchair ramps shall be provided on both ends of the off-street multi-use path adjacent to the wetland open space and through the tree park open space." There will be pervious path areas around driplines and protected trees. Dirnitre amended the motion that evidence be presented from the Oregon Water Resources Department that a permit is not required. And, if a permit is required, the applicants are required to obtain a permit. The motion died for lack of a second. Roll Call: The motion carried with Stromberg, Morris, Fields, Mindlin, Dotterrer, Marsh, Dawkins voting "yes" and Dimitre voting "no." Black rejoined the meeting. PLANNING ACnON: SUBJECT PROPERTY: OWNER/APPLICANT: DESCRIPTION: Avenue. PA2007-00990 840 Faith Avenue Curtis P. Wine A request for Preliminary Plat approval for a nine-lot subdivision for the property located at 840 Faith Ex Parte Contacts/Bias/Conflict of Interest - Dawkins has had several site visits and expressed his distress that the application is for single family detached residential units instead of multi-family units. However, he does not believe he is biased and can listen to the testimony and make an impartial decision. Black had a site visit and noticed a significant amount of impervious surface. Morris did not have a site visit but his aunt lives on Glendale and he had a discussion with her a long time ago about what he thought was a previous application. He can be impartial. Dotterrer and Marsh had a drive-by site visit but observed nothing in particular. Mindlin, Stromberg, Fields and Dimitre did not have a site visit or ex parte contact. No one stepped forward to challenge. STAFF REPORT Severson explained how the applicant had a pre-application in 2006 proposing to up-zone the property to R-2 and do a 23 lot Performance Standard development, including two attached four-plexes as well as the rest detached homes on small lots. Staff raised issues about neighborhood housing pattern compatibility, solar, clustering of affordable housing, and R-2 design requirements for separation between buildings. The applicants met with the Housing Commission and they also met with the neighborhood. After looking at how to respond to the items, the applicants did not think they could make the project pencil as an R-2 development and still offset the cost of affordable housing and a zone change. Severson described the site and the project. The existing church is proposed to be demolished and the lot subdivided into nine lots. The homes will be 1300 to 1690 square feet designed to meet solar on relatively narrow lots. The applicants are proposing to remove the locust trees along Faith Avenue in order to install a sidewalk and parkrow. They have provided a tree removal and tree protection plan. Staff believes the application satisfies the criteria and is recommending approval with the attached Conditions. Condition 7 can be deleted because there was no recommendation from the Tree Commission due to their lack of meeting. Marsh noted a letter from Zane Jones regarding trees on the neighboring properties. Severson said he added Conditions to address Jones' concerns. One Condition asks for an arborist's report addressing the trees prior to signature of the final survey plat. The homes currently meet solar but if the applicants should choose to make changes, they will be constrained by the solar setback and lot coverage. Because it is a Subdivision they are not constrained by envelopes or the building content. They are constrained by solar setbacks and lot coverage. PUBLIC HEARING CURT WINE, 895 Neil Creek Road, said the 23,000 square foot building was built in 19510riginally for a big meeting place. The church wants to move from the property. RAY KISTLER, 2025 Butler Creek Road, stated this is a straight-forward application with just nine lots. The applicant did not wish to get involved with any Variances or anything that would complicate the process and give an opportunity for appeal. They had neighborhood meetings and no opposition to the project was voiced. The neighbors did express a concern with additional parked cars on Faith. ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES JULY 10, 2007 4 HERSCHEL KING, 791 Faith Avenue, said there currently is a traffic and parking problem on Faith. There is already a problem with parking generated from the newer units at the corner of Siskiyou and Faith. This development will put more traffic and parked cars on the street. LIZ VESECKY, 791 Faith Avenue, agreed with the previous speaker. However, there will be less a problem than if this was a multi-family development as originally proposed. There is a lot of congestion at the top and bottom of Faith. It is unsafe to enter Siskiyou Blvd. from Faith with parking on both sides of the street. She would like to have the neighbors notified when demolition of the church will occur. They would like an opportunity to leave if there is a chance toxic materials will be stirred up. Rebuttal - The applicant chose not to rebut. Stromberg closed the record and the public hearing. Staff Comments - Severson said there is a separate demolition permit and review process required under the Demolition Ordinance done through the Building Division. As part of that process they would be required to delineate what materials they might encounter and how they would be disposed. The most recent traffic counts on Faith are 750 vehicle trips per day, including the church traffic. In this application, the church will no longer cause an impact and there will only be nine residential units. Faith has the capacity for 1500 average vehicle trips per day. If the neighbors want to work toward solutions regarding their traffic and parking concerns, they can go to a Traffic Safety Commission meeting and discuss it there. COMMISSIONERS' DISCUSSION AND MOTION Dotterrer/Morris m/s to approve PA207-990 with Condition 7 removed. Black/Fields m/s to call for the question. Roll Call: The motion was unanimously approved. TYPE III PLANNING ACTIONS PLANNING ACTION: PA-2006-01663 SUBJECT PROPERTY: 87 W NEVADA ST 7 811 HELMAN ST OWNER/APPLICANT: ASHLAND FLOWERSHOP & GREENHOUSES INC/GREG & VALRI WILLIAMS DESCRIPTION: A request for an Annexation, and Comprehensive Plan and Zoning Map change from Jackson County zoning RR-5 (Rural Residential) to City of Ashland zoning R-1-3.5 (Suburban Residential) and R-1 (Single-Family Residential) for an 11.64-acre site comprised of five parcels located at 87 W. Nevada St. and 811 Helman St. (Ashland Greenhouses). The Ashland Comprehensive Plan Map identifies the site for Single-Family Residential development (R-1 zoning). As a result, the proposal includes a Comprehensive Plan Map Change for approximately 42% of the site to modify the Single-Family Residential designation to the Suburban Residential (R-1-3.5 zoning) designation. The proposal requires Outline Plan approval to develop the property as a 68-unit residential development under the Performance Standards Options Chapter 18.88. A Physical Constraints Review Permit is requested to locate a multi-use path in the Ashland Creek Riparian Preservation Area. A Tree Removal Permit is requested to remove a 36-inch diameter at breast height Oak tree. Exceptions to the Street Standards are requested to install curbside sidewalks on both sides of one of the proposed streets (Sander Way), for not locating a street adjacent to natural features being Ashland Creek and to use a private drive to access the 24 cottages rather than the required public street. The application includes a land exchange with the City of Ashland. The proposal is to dedicate 2.42 acres adjacent of the Ashland Creek Riparian Area to the City for parks purposes in exchange for 1.37 acres of the Dog Park in the area of the access and to the south of the existing parking area. Review Process: The first hearing on July 10, 2007 at the Planning Commission will be an evidentiary hearing in which the application proposal will be described and public testimony will be taken concerning the facts involved in the application. On August 14, 2007, the application will be continued to a public hearing of the Planning Commission in which the evaluation of the project according to the applicable criteria will be presented by staff, public testimony will be taken on the merits of the proposal, and the Planning Commission will deliberate and make a decision on the application in the areas in which they are the final approval body. The decision of the Planning Commission is final for the comprehensive plan and zoning map changes, the outline plan, physical and environmental constraints and tree removal, unless amended by the Development Agreement or annexation approval process ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES JULY 10, 2007 5 by the City Council or by appeal of the Planning Commission decision to the City Council. The Planning Commission will also forward recommendations to the City Council regarding the annexation, development agreement and land exchange. Site VisitslEx Parte Contacts/Bias/Conflict of Interest - Black had a site visit and through reading and conversations learned more about the building and design concepts for this project. All of the previous information from this action is in the record. She believes she can make an unbiased decision on this action. Morris did not have a site visit. He reported he went to school with Greg Williams. Fields, Dawkins and Stromberg are familiar with the site but have no particular impressions or prejudices. Dotterrer drove by and observed the area but has had no ex parte contacts. Marsh bought some lovely orange cosmos at the greenhouse. No one came forth to comment, challenge or rebut any of the above. STAFF REPORT Harris said the application consists of the land use application that requires the following six approvals each with their applicable criteria: a. Annexation b. Comprehensive Plan Map and Zoning Map change c. Outline Plan d. Exception to Street Standards e. Physical Constraints Review Permit f. Tree Removal Permit The Planning Commission will be making a recommendation to the City Council who will make the final decision on the land exchange. The applicants have to show evidence of market value of the properties that are proposed for exchange. The overriding question to the Planning Commission is: Is it in the public interest to get the creek area and relinquish the 1.3 acre portion of the dog park area? Both the land use application and the land exchange will be bundled together with a recommendation from the Planning Commission and sent on to the Council for their review. The Commission reviewed this application in November of 2006. It was continued. A review of the site description and Outline Plan is in the Staff Report along with the summary of changes from the original proposal. Dawkins/Black m/s to extend the meeting to 10 p.m. Voice Vote: Approved The wetland delineation was submitted to the Division of State Lands (DSL) and approved May 22,2007. The wetland area is close to the creek corridor. Harris had a map showing the floodplain corridor and another showing the riparian corridor. In the cottage development and the town home development area, the storm drainage is proposed to be collected and drained to the existing City wetlands. The eastern portion of the project will be collected through open swales and then a new set of treatment wetlands will be built and that water will be directed into those. With regard to the Land Exchange Proposal, the area shaded in green on the map is the piece the applicant is proposing to dedicate to the City (2.5 acres). In exchange they are requesting a portion of the City Dog Park property (approx. 1.3 acres). PUBLIC HEARING GREG WILLIAMS, 744 Helman Street, property owner, along with his wife, are owners of the Ashland Flowershop and Greenhouses. They want to build a project to be used as an example for future generations to show how to build and live in an environmentally sound community. Since the November meeting, they have refined their proposal to eliminate any requests for Variances and to only ask for Street Standards Exceptions and the majority of those will be to provide a natural method of storm water conveyance. Due to the land swap, their project has gotten more complicated than originally anticipated. The land swap would improve the ability to treat the storm water in a more natural way. The Comp Plan change allows the project to build different types of sustainable homes. The purpose of the proposed multi-use path is built just as the Master Trails Plan had envisioned. They feel the annexation of this land is the best use of the land. ALEX FORRESTER, 545 A Street, gave a detailed explanation of the project. Highlights of the presentation: --The existing dog park access will become the development's main entrance. --The traffic engineer recommended making the major entry just opposite Helman Street, connecting it to Almeda. --They want to do certified sustainable development. --There will be public access along the creek, weaving the path in and out of the very top edge of the riparian area as determined by the biologist. ASHLAND PLANNING COMMISSION 6 REGULAR MEETING MINUTES JULY 10,2007 The multi-use path (shown on the map in purple) is included in the land exchange. CHRIS HEARN, 515 E. Main Street, got involved because of certain complexities, mainly the land swap. The City suggested for this unique project that we consider drawing up a Development Agreement. Development agreements were created in the early 90's to provide a tool kit for more creative and more complex projects that would otherwise be stifled by restrictions of the City code, and to go through the process in a bundling affect. The project still has to comply with the Land Use Ordinance and Comprehensive Plan. He has made up a document that is a basic flexible draft, but with the standards all in one place. Hearn discussed the land exchange and its benefits. Black/Morris m/s to extend the meeting to 10:30 p.rn. Voice Vote: Approved. Marsh/Fields m/s to continue the public hearing to August 14th at 7:00 at the Council Chambers. Commission Comments & Questions for next meeting: · Additional information about the design and workings of the detention water systems along the street. · Additional information concerning sustainability and home sizes. Maximum sizes on some units and suggested sizes on others. How is that being conditioned? · Delineate the usage of the open space. Is there a community garden, play area? · Clarifications about requirements for parking lots in certain zones? What are the specific uses and how are they managed? · Is there a partition plat with lines defining an open space plan, common ownership areas, and private utility easemen · Is City responsible just for the major streets? Is everything else private except for the pedestrian path? · The application is very complex. It doesn't fit any zoning, making it difficult to re-zone. Would like better understanding of zone change in relationship to adjacent neighborhoods. This is almost like a master plan. · Provide a very clear map showing what everything is (a general schematic). Take some of the other things off the map. · Why is sustainability a reason for annexation? There is considerable vagueness in the application as to what extent proposals of the applicant are conditions. The applicants discuss features in the development that they not expecting the City to require. Needs to be further clarified. ADOPTION OF FINDINGS PA2007-00990, 840 Faith Avenue, Curtis P. Wine - There were no ex parte contacts. Dotterrer/Dirnitre m/s to approve the Findings including striking Condition 7. Roll Call: The Findings were unanimously approved. PA2007-00455, 247 Otis Street, Sage Development, LLC. - There were no ex parte contacts. Marsh/Dotterrer m/s to approve the Findings reflecting the changes to Conditions 14 and 15. Roll Call: Morris, Fields, Dirnitre, Stromberg, Mindlin, Marsh, Dotterrer and Dawkins voted "yes." Black abstained (stepped down and left the room). The Findings were approved. At future meetings, the Commissioners will attempt to combine the approval of the planning actions with the adoption of the findings for actions that warrant it. ADJOURNMENT - The meeting was adjourned at 10:30 p.m. Respectfully submitted by, Sue Yates, Executive Secretary. ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES JULY 10, 2007 7 CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Mayor's Appointmentto Various Commissions August 21, 2007 Primary Staff Contact: Barbara Christensen City Recorder Ht.J E-Mail: christeb@ashland.or.us 1 ~ Secondary Contact: Martha Bennett Estimated Time: Consent Agenda Statement: Confirmation by Council of the Mayor's appointment for the following Commissions: Bicycle & Pedestrian Commission - Steve Ryan with a term to expire 4/30/2008 Tree Commission - Zane Jones with a term to expire 4/30/2010 Public Arts Commission - Claire Anderson with a term to expire 4/30/2009 Conservation Commission - Jim McGinnis with a term to expire 4/30/2009 Staff Recommendation: None Background: These vacancies were created by resignations of previous members. Notice was made in our local newspaper and on our city website. No other applications were received for these positions. Related City Policies: Mayor is directed by Ashland Municipal Code and by a Resolution associated with the various Commissions to make appointment with confirmation by the City Council. Council Options: Approve or disapprove Mayor's appointments. Potential Motions: Motion to approve appointment of Steve Ryan to Bicycle & Pedestrian Commission with a term to expire 4/3012009, Zane Jones to the Tree Commission with a term to expire 4/3012010, Claire Anderson with a term to expire 4/30/2009, and Jim McGinnis to the Conservation Commission with a term to expire 4/3012009. Attachments: Applications received Page 1 of 1 r., CITY OF ASHLAND APPLICA TION FOR APPOINTMENT TO CITY COMMISSION/COMMITTEE Please type or print answers to the following questions and submit to the City Recorder at City Hall, 20 E Main Street, or email christeblal.ashland.or.us. If you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary. Name_Steve Ryan Requesting to serve on: Bicycle & Pedestrian Commission Address_657 C St. Ashland, OR 97520 Occupation_documentary video, grad student Phone: Home 951-1409 Work same Email resolutionvideo@yahoo.com Fax 1. Education Backeround What schools have you attended? Southwestern OR Community College; SOU What degrees do you hold? B.s. Economics SOU 2005; B.s. English! Professional Writing SOU 2006; AAOT Valedictorian SWOCC 2003 What additional training or education have you had that would apply to this position? Some classes in land use planning; RVTD Human Services Special Transportation Advisory Working Group; University student budget committees; present, administer and steer process for $2.7 million student fee revenue; full-time pedestrian! skateboarder 2_ Related Experience What prior work experience have you had that would help you if you were appointed to this position? Working as SOU student chief financial officer and student fee chair taught me how many hours of volunteer work it takes to run a village, Robert's Rules & OR public meeting law; also past job as camera operator for Gov/ Ed TV in Coos Bay/ North Bend valuable exposure to numerous governments, special districts, also some introduction to planning issues around Oregon Do you feel it would be advantageous for you to have further training in this field, such as attending conferences or seminars? Why? I'm always grateful for any new professional development and I believe ongoing training is critical for any discipline or position of responsibility, just to keep up to date on developments in the field. lID ~(g~J1W~~ 1Dl JUL 1 1 2007 lUJ BY: ____________________ From: Steve Ryan Ashland Oregon, Southern Oregon University To: City Recorder, City of Ashland Oregon Re: Letter of interest, Ashland Bicycle and Pedestrian Commission July 11,2007 Please accept this letter of interest in the vacant Commissioner position on the Ashland Bicycle and Pedestrian Commission which expires April 30, 2008. I was nearly elected in the last Special Election May 15 2007, and feel a debt to the many Ashlanders who probably voted for me, am studying land use planning perhaps someday for the bar as a graduate student at Southern Oregon University, have some experience with municipal level governance, and have been working toward multi-modal transportation in Ashland for several years now. I know the streets of Ashland from the perspective of a full-time skateboarder and pedestrian and have read most of the Ashland Comprehensive Plan, as well as some MPO long range planning docs, Oregon State Planning Goal 12, etc. If I am qualified, I hope to serve until the position runs out and then apply again ifthe fit is right. Steve Ryan 657 C St Ashland, OR 9752 541-951-1409 resolutionvideo@yahoo.com .. CITY OF ASH LAlND APPLICATION FOR APPOINTMENT TO J! :"(!J>~.&'t.>~ CITY COMMISSION/COMMIITEE .I~ J W~ Sf: 0 la ~ Please type or print answers to the following questions and submit to the City Reco";<1N..~! 'Ill II! City HajJ, 20 E Main Street, or email christebf/:lshlandorus_ If you have any questions, """ please feel free to contact the City Recorder at 488-5307. Attacb additional sbeets if """ necessary. Name ? a V\ e ....1 on ~...5 Requesting to serve on: If' e e C 6 "^ ""./5..5; O'rt (Commissi on/Com mi ttee) Address 20 21 ~ i'5 k; L,/ dJ,... 2>/ V J . ./ Occupation + e e J'e r" ;ce ~,..,\ Phone: Home Work Email Fax <2-0 1 - 00 b '2 GO/-f67b~ 1. Education Back2round What schools have you attended? What degrees do you hold? fk>Jenllle ()/f lfS .<<"1 C~'U"r Ccrr';!e.tl U/l;I-t>r ~/1-y :8) Vn BiDly;? What additional training or education have you had that would apply to this position? 2. Related Experience What prior work experience have you had that would help you if you were appointed to this position? 'f J~~5 t 5' 'JU".Y '-r J e.-~ W"rk:"~ A.-f Ulfpy..L,'"",b:f Tre-e Seyv/<.('.. VJ Or Ie ,).. I~~G~;~ ~ fl "Y;~ 7) ~t",~ ~ h ~ L-~~-Zf,~ ~~ ~" ~;);'dy) Do you feel it would be advantageous for you to have further training in this field, such as attending conferences or seminars? Why? y e ~ 9' ~ i ,,1;....,. r!:-:l JL,.J ; ~ I - b~ ~ "j Cl C- e/-t.f i e J ~ l.u,;.7' ;J .J.- t _.w ...-,. 3. Interests _1L , Why are you applying for this position? r ~ 1-0 ~ ~ et ~t f$,'...,... ~1 J :.-. ,L-S j.. J /5 ~ e.. P' "f,$ e) <;4. J ,'v-,) ; d\-. '^ Id'~1; ::4: l--- "--.-.9 ~... eJ --:f:tJ Ue Ch'-.-:Hi<Th c-~ ~.- ~ l-r e~eJ ~ ~~ ~ ~~.J 4. J\vaiJatill.ty U 0 Are you available to attend special meetings, in addition to the regularly scheduled meetings? Do you prefer day or eveniog meetings? ::Je 5 I evc...: J.s 5. Additional Information How long have you lived in this community? I 0 J~ s Please use the space below to summarize any additional qualifications you have for this position9 I """'M:.. ~J C~ 1151' "" n--<eeJ:;':i ~ <-(1) ~'I ~-:/ ~~ ~s fc. ,~ Lel'~ n~~~. .9'~ t-?;"-L."-ed . I , 'n r;-Hij....~ ~ s;dJ. J r~A:1Ir;f2.::17J t<-<< II ~'E'.'1u.. ~ 4:[.<- ._.(,"0_~!'~" ~,'..,. -9. I-v.~ ~ ~r4<-L ~ J, ~/~ 1)0 h..-" ~b ~', ;.......~ ;,...4 0VvL Wli>v..-.. ~ tn:k. 0.. f-r4-.. f / ~ <L" o ~ (.h.. ,.~ t:- h.,..... <- ~ ~ ~ ~ SJ -4:~'~J tt--<. .l.:tff"u.l:f;'4 &? I..JLhk..~ \. 4- I Jj ~ ~ \. "" 1; -"IL " ltv{ t't r 1-\1 C ( , ) .J IF -..~ ~ ~~ '2, (oa1 ".11 ._~ L... -----.- -....-..-..--.. 1\t-'''''II'''Q\IVII.tJUI~ Page i CITY OF ASHLAND APPLICATION FOR APPOINTMENT TO CI TV COMMI 851 ON/COMMITTEE Please type or print answers to the following questions and subnit to the City Recorder at City Hall, 20 E Main Street, or ermi I mrigfh@>c;hI;:lI1rf om~ If you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if nece ssary. Narm: D.ClaireAnderson Requesting to serve on: Arts Conmission (COrmission/Comnittee) Address401 Clinton St. Ashland, Oregon 97520 Occupation: Self E rll>loyed: Part tirm - Real E state Investor/Property Manager Volunteer BO D/Treasurer for Live2G IVE Inc (non-profit) Artist Phone: H orm 488-7626 Work 928-607 -1293 Ermil Darla_7@rac.com 1. Education Backaround Mt Hood Conmunity College, Gresham 0 R - Portland State University, Portland OR Academy of Art University, San Francisco, CA Wlat additional training or education have you had that would apply to this position? I have taken a few classes in interior design. Have taken art classes in Solana Beach Ca and have showed VlAJrk in the Del Marart show, and the Del MarCity Hall. 2. Related Exoerience Wlat priorVlAJrk experience have you had thatwould help you if you were appointed to this position? I worked as Director of Adninistration for the PLF 0 regon State Bar 0 am professional and VlAJrk well with people). Have been on Board of HOA in McComlck Ranch, Scottsdale AZ, I served on the landscape co rmi ttee (keeping the comrrunity looking great is very irll>ortant to me) I am currently a student of fine arts (painti ng) at the Academy of Art University. I have done extensive relllldeling and redesigning on nurmrous horms and I VlAJrk very well with contractors and sub-contractors. ---:-:-----". '..t'ro'lI....-...""II.tJ'UI Page 2 r~' 3. I nte rests Wny are you applying for this position? I am looking to expand the ART in rt1f life, and to be involved in the comrrunity that I live in. Wnat better way to be involved in the cOnm.Jnity than to be doing something that supports what I love. 4. Availability Are you available to attend special rreetings, in addition to the regularly scheduled rreeti ngs? Do you prefer day or evening rreetings? Yes, rt1f schedule is fairly flexible. I muld prefer daytime meeti ngs. 5. Additional I nformation H ow long have you lived in this cOnm.Jnity? We have been in Ashland just over 2 years., however I grew up in Ashland. I attended pri rrary thru 1 9 yr of college at SO C before moving out of the valley. ------------------------------------------------------------------------ January 30,2007 D. Claire Anderson ------------------------- Date ------------------------------------ S ig n atu re ~~, Ja'IHes P McGinnis - Application for- membership to Ashland Conservation Comission rID~(g~)1W~lffi 1m AUG 0 1 2007 JJJJ CITY OF ASHLAND BY: ____________________ APPLICATION FOR APPOINTMENT TO CITY COMMISSION/COMMITTEE Please type or print answers to the following questions and submit to the City Recorder at City Hall, 20 E Main Street, or email christeb@ashland.or.us. If you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary. Name: James P McGinnis Requesting to serve on: Conservation Commission Address: 629 Altamont St Occupation and Contact Info: · Occupation: Information Systems Project Manager · Phone: Home: 488-5938 · VVork: 552-1591 · Email: jamespmcginnis@gmail.com · Fax: 552-1592 1. Education Backl!round · VVhat schools have you attended? · VVhat degrees do you hold? University of Illinois MS Forest Ecology, BS Forestry VVhat additional training or education have you had that would apply to this position? · Trained by Al Gore and climate scientists in Dec 2006 to make climate change presentations · Trained by author of "How to Loose 5,000 Pounds (of carbon) in 30 Days" David Gershon on administering the process to local communities. · Trained on use of ICLEI (local government energy use and carbon production evaluation) software · Certified Project Manager with the Project Management Institute (PM I) · Trained and certified meeting manager 2. Related Experience VVhat prior work experience have you had that would help you if you were appointed to this position? · Currently working with the City (voluntarily) and the Ashland YMCA in performing a complete Energy Audit and developing a sustainability/energy strategy. Page lof3 , James P McGinnis - Application fo,'" membership to Ashland Conservation Comission CITY OF ASHLAND · Commitment by the Parks Commission to do the same for the Ashland Parks Department. · Working with the Ashland Rotary club to develop business champions to do the same. · Soliciting Oregon Shakespeare Festival, Oregon State University, and the AsWand School District to do the same. · Have given over 25 climate change presentations over the past 7 months to schools, private groups, churches and community organizations. Do you feel it would be advantageous for you to have further training in this field, such as attending conferences or s-eminars? Why? · Ongoing education and collaboration is critical for successful participation in any technical area because it opens the window of knowledge beyond a local perspective. · With that said, I find the internet (searches, blogs, wikis) as powerful tools for learning and sharing. · Lessons learned from my work with the Y, Parks, etc. will add to my knowledge. 3. Interests Why are you applying for this position? I think that I am a good fit for several reasons: · Terrestrial Ecology background (understand natural energy systems) · Good organizational skills (emphasize collaborative process and goal setting) · Solid understanding of global, national, regional, and local energy and sustainability issues · Actively working in the community to evaluate and resolve energy and sustainability issues 4. Availability Are you available to attend special meetings, in addition to the regularly scheduled meetings? Do you prefer day or evening meetings? · I am available to attend evening sessions more than day sessions. · I am available to attend special meetings if scheduled out far enough in advance 5. Additional Information How long have you lived in this community? 23 years Please use the space below to summarize any additional qualifications you have for this position · I have interest in sustainability in general. Reviewed proposed Ashland Sustainability Plan Page 2 of3 James P McGinnis - Application fer membership to Ashland Conservation Comission CITY OF ASHLAND · Helped organize and lead the "Step it Up 2007" rally in Ashland · Am interested in organizing a complete recycling ethic into Ashland 4th of July Parade, participants, and related 4th activities. · Was a citizen member of the Ashland Parks Master Trail Plan team: was instrumental in soliciting local citizen input, plan development, and presentation to the Parks Commission for approval. Date Signature ~~, Page 3 of3 Notice of ApPointment CONSERVATION COMMISSION HOUSING COMMISSION TREE COMMISSION · FOREST LANDS COMMISSION TRAFFIC SAFETY COMMISSION · CITIZEN'S BUDGET COMMITTEE The City of Ashland is accepting applications for volunteer positions on the following City Commissions: . Citizen's Budget Committee . Forest Lands Commission . Traffic Safety Commission . Conservation Commission . Housing Commission . Tree Commission If you are interested in being considered for appointment, please submit a letter of interest along with a completed application to the City Recorder's Office. Applications are available at City Hall, 20 E. Main Street, or can be downloaded from the City's website at www.ashland.or.us. Please contact the City Recorder's Office at 488-5307 for additional information. APPLY TO: City Recorder's Office, 20 East Main St., Ashland, Oregon, 97520 APPLY BY: Monday, August 6, 2007 ~.l' CITY 01' ASHLAND CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Quarterly Financial Report: April- June, 2007 August 21, 2007 Primary Staff Contact: Lee Tuneberg ~ ~ Administrative Servic s E-Mail: tuneberl@ashland.or.us Secondary Contact: Estimated Time: Consent 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. Staff Recommendation: 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. Unaudited, detailed balance sheets, revenues and expenditure reports are available for 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 2006-07 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. 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 is lower than the prior year balance primarily from paying for capital improvements with reserves held in the Water Fund. Operating revenues are at 92.1 % of budget and $1.87 million more than the prior year. Even though total revenue is more than the prior year it is $5 million less than budget. This is due to approximately $800,000 less in total taxes, $900,000 less in licenses and intergovernmental revenues, and about $600,000 less in systems development charges than what was budgeted due to a slow down in construction. Charges for services are up $380,000 over the prior year but $1.7 million less than budgeted due to rate increase implementations being delayed to the end of the budget year or until FY 2007-08 and a continuation of reduced activity related to building and construction. The Personal Services category is at 93% of budget city-wide and Materials & Services is at 90% with Debt Service at 98%. These are closer to budget than prior years (last year the operating categories Page I of2 CC - 2006-2007 Preliminary 4th Qtr Financial Report r;., were 85.6% of budget whereas this year they total 91.9%) and this is to be expected as the city limits the increase in appropriations yet many operational costs grow beyond inflationary caps and our control. CITY OF ASHLAND Capital Outlay is ending the year at 37.7% of budget due to delays in acquiring some equipment and capital projects being deferred or other barriers in scheduling such as Fire Station #2 failing to receive enough votes for approval. Total Ending Fund Balance is $22.7 million, about $1 million more than budgeted and $2 million less than the City started the year for the reasons stated above. 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. Potential Motions: Council moves to accept the quarterly report as presented. Council moves to accept the report as modified by discussion. Council takes no action pending further information or clarification. Attachments: Attached is the City of Ashland financial report for the fiscal year ended June 30, 2007. 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 #2006-11 (pages 4-7) 6. Schedule of Expenditures by Fund (page 8) The numbers presented are unaudited and unadjusted. Page 2 of2 CC - 2006-2007 Preliminary 4th Qtr Financial Report '4.1 Council Communication Financial Narrative Summary of Cash and Investments provides an understanding of changes in the City's cash position across funds and investment types. The city-wide cash balance has decreased $1,415,336 dollars between June 2006 and June 2007 while it decreased $2.5 million between 2005 and 2006. Please note that there are many factors for city-wide cash balances to increase or decrease such as the timing of expenditures for projects or the receipt of monies like proceeds from borrowing, grants or the sale of fixed assets. Most of the reduction in cash over the last two years relates to paying for capital projects with restricted monies from prior year borrowing or SDCs. 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 and financial activity over the year. The Ending Fund Balance is $22.7 million, $1 million more than budgeted but $2 million less than existed last year at this time. Revenues and Budgetary Resources at June 30, 2007, total $59,252,429 as compared to total year-to-date requirements of$61,249,600 which results in a $1,997,171 decrease to Unappropriated Ending Fund Balance. This difference is approximately $4.5 million less than the annual budget of a $2.5 million excess resources over requirements for the year and is primarily due to no borrowing for capital projects being done in the fiscal year. The City carried over $5.5 million more in working capital than was anticipated which, partially offset by the above, results in the $1 million positive variance in Unappropriated Ending Fund Balance. On a city-wide basis: Fines and Forfeitures and Interest on Investments revenues exceeded the budgeted amounts by 8.0% and 36.6%, respectively. Interest earnings were $261,992 over the estimated amount due to better interest rates (yield) despite lower cash balances. Revenue from Taxes and Charges for Services both ended the year at 95% or above. Taxes include franchise payments which are tied to Charges for Services. The City did not raise the utility rates during the year, impacting both categories. All other revenue categories (including Licenses & Permits, Intergovernmental Revenues, System Development Charges, Assessment Payments and Miscellaneous Revenues) are below the 90%. As discussed in the budget process, much of this relates to less activity in construction and not selling all of the Strawberry property as originally anticipated. Total Requirements were approximately 78% of budget for the year while Operational Expenditures ended at 92.0%. The difference between the two percentages is caused by limited activity in Capital Outlay and projects, less in the way of Interfund Loans and $1,456,300 in Contingency going unused. r~' Personal Services is 93.4% indicating less than full employment. Successful recruitment of the City Attorney, police and fire department positions and other department openings will bring actual and budget numbers closer to each other for the next year. Materials & Services is 90.1 % of budget whereas this category was 83.6% of budget in the prior year. Comparisons between years for this category show that the amount budgeted increased 4.5% but actual expenses were 12.7 % higher including fuel, contracted services and supplies. Capital Outlay is at $6.6 million to date (only 37.7% of the budget) for the reasons mentioned above. Budgetary Requirements are at 37.9% for the year with $1 million (97%) of the Transfers Out budget completed to date. For the most part, these transfers coincide with the debt service requirements they help to pay. Contingency of $1 ,456,300 (79.5% of the amount originally budgeted) went unused. The Schedule of Revenues by Fund provides an overview of all resources year-to-date. In most cases, collections are less than budget due to deferred rate increases or less revenue generating activity but variations due to construction and related financing, transfers and interest earnings can affect these percentages and consistency between years. This report also provides a reconciliation to the total estimated resources for the year. Airport, Debt Service, Telecommunications, Equipment and Cemetery Trust funds exceed 100% in keeping with projections and anticipated activity in those funds. The Airport received federal grant monies greater than was originally anticipated; Debt revenues include taxes and transfers slightly above the projected amounts; Cable Televisions revenues exceeded budget projections because the service did not cease as quickly as expected; Equipment Fund increased revenues reflect more repair work and proceeds from sale of surplus equipment than expected; and Cemetery interest earnings account for the $5,918 positive variance. Street, Capital Improvement and Water fund revenues are below 50% in that anticipated borrowings for capital projects were not done during the year. Overall fund revenues averaged in the 73% range while a large Working Capital Carryover from the prior year raised the total budget amount to 83.4%. The Schedule 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. As of June 30, there were four budget adjustments (three transfers of appropriations one supplemental budget) presented to Council. The year ended with total expenditures as compared to the amended budget at 77.6% (including unused Contingency and excluding ending fund balances). With each report, staff attempts to include all material transactions possible that have occurred through the cut off date to provide accurate information. Throughout the year, staff reviews accounts and transactions on varying schedules to ensure proper coding and activity as it compares to what is budgeted. This can cause adjustments to the listed accounts before the final numbers are included in the comprehensive annual report. 11 r~' General Fund - Total expenditures are 83.6% with $43,000 (11 %) of Contingency used, leaving $357,000. Municipal Court, Grants, Miscellaneous and Fire and Rescue utilized over 97% of their budget even with several being adjusted by a transfer of appropriations. With less than 3% remaining there was little room in these departments for unanticipated costs. The Police Department was below budget due to vacant positions. Administration, Cemetery and Community Development were below budget indicating budgeted activities that could not be addressed during the year. The Planning Division was 49.3% of budget due to a large expenditure for land ($1,000,000) being budgeted but not expended. CDBG Fund - Expenditures were 91.3% of budget with Personal Services and Interfund Loan both at 100%. The $214,877 Interfund Loan repayment to the General Fund was executed when the sale of the city-owned Strawberry Lane property was completed. Street Fund - All expenditures categories were below budget with a total expenditure level of 46.2%. Storm Water Operations was the only division to exceed 75% for the year indicating all divisions had capital projects not done. Only $10,000 or 6.5% of Contingency was used. Airport Fund - Total expenditures were 78.1 % of budget with no Contingency used. Debt Service was at 99.7 in keeping with loan requirements. Capital Improvements Fund - Expenditures were 38.2% with Operating Transfers at 100%. Capital Outlay included $2.5 million in appropriations for Fire Station #2 construction work that was not done when voters rejected the project. Personal Services (Facilities) was 96.5% of budget and Materials & Services 92.9% expended. No Contingency was needed. Debt Service Fund - Expenditures were made as required and resulted in a 95.9% of the budget expenditure level. Water Fund - Total fund expenditures were 75.6%. Divisions that included little or no capital project costs were above 90% expended but capital expenditure divisions were well below budget despite the amount of construction and capital related work done. Debt Service was 100% in keeping with payments and timing required by bond covenants. At the end of the year $31,000 (20.4%) of the original $152,000 Contingency was transferred to protect against budget violations. Wastewater Fund - Similar to the Water Fund, the Wastewater Fund overall percentage expended was low at 76.3% including operational costs by division at 65-84% of budget. All debt service requirements were paid. A cause for such low percentages is the Collection Division budget includes $786,000 anticipated for Capital with only $159,087 expended to date and the Treatment Division expended $273,081 against the $489,250 appropriated for capital work. No Contingency was used. Electric Fund - Expenditures were 87.9% of budget. Supply and Transmission costs were well below budget and are expected to be stable or slightly smaller in the following year. Conservation was under 47% due to capital work being postponed. Distribution was almost 97% reflecting filled positions and operational activity close to what was anticipated in the budget process. No Contingency was used. 11l r~' Telecommunications Fund - Expenditures were 89.9% of budget. Cable Television was 99% of the amended budget due to the date of Cable TV transferring to Ashland Home Net being later in the year than expected and budgeted. A transfer of appropriations from Customer Relations- Promotions was needed to address this change in operations. None of the $100,000 Contingency was used. Central Services Fund - Expenditures for most departments were above 90% with City Recorder at 97.9% indicating a tightening of budgets. Public Works - Admin and Engineering was the lowest recorded level of expenditure at 84.7%. This represents some projects not being done during the year. A majority of the Contingency was utilized during the year. Of the original $171,000 Contingency, 76% or $129,700 was transferred to departments during the year. Insurance Services Fund - Personal Services ended the year at 56.2% expended with $224,689 paid to Oregon PERS to reconcile changes in accounting for tiers and the City's obligations. This change and reconciliation had been budgeted for several years and resulted in a smaller cost than anticipated. Materials & Services expenditures for claims and premiums were 84.7% of budget and Contingency went unused resulting in a total actual to budget ratio of 64.5%. Equipment Fund - Equipment Fund total expenditures ended at 58.1 % of budget with no Contingency used. Actual Personal Services was 91.4% of budget and Material & Services was 91.9%. Capital Outlay was 41.1 % reflecting fewer pieces of equipment ordered and received than were anticipated. Needed equipment that could not be received in time was re-budgeted in FY 2007-2008. Cemetery Trust Fund - Transfers were adjusted due to interest earnings beyond those projected. The year ended over $10,000 above what was originally budgeted. Parks and Recreation Fund - Total expenditures were 86.7% of budget with no Contingency used. Divisions ranged from 82% to 92% and transfers are consistent with activity at 72.7%. Ashland Youth Activities Levv Fund - Total expenditures are 96.3% reflecting the amount of tax revenue received and the allocation of costs as agreed to between the Parks and School District. Parks Capital Improvements Fund - Capital Outlay recorded for the year was $154,881 or 46.8% of the budgeted amount. The Schedule of Expenditures by Fund provides a recap of total requirements year-to-date. In all cases, total expenditures and budgetary requirements are less than the revised budget. Fund totals for actual activity on a city-wide basis averaged 76.5%, excluding Ending Fund Balance (EFB). EFB ended at 104.5% so that the total for all requirements was 83.4% of the revised Total Budget. The difference of $17 million represents many components of the budget including projects or programs that could not be done and elements of capital borrowing that fund construction expenditures and reserved amounts of the proceeds that reside in the EFB for the next construction cycle. For example, the budget included approximately $17 million in borrowing for capital projects and a similar amount for capital expenditures. The borrowing was not done and most of the expenditures were not made, accounting for the reduced requirements as compared to budget. Also, the EFB from the prior year was higher than expected and offset the lack of borrowing reserves that were anticipated to be carry forward to FY 2007-2008. IV r~' This report is intended to reconcile to the total revised budget and provide a comparison to the pnor year. Unaudited, detailed balance sheets, revenues and expenditure reports and fund statements are available for your review in the Administrative Services Department office should you require any additional information. v r:., City of Ashland Summary of Cash and Investments June 30, 2007 Balance Balance Change From Fund June 30, 2007 June 30, 2006 FY 2006 General Fund $ 2,691,690 $ 1,945,720 $ 745,970 Community Block Grant Fund 229,824 174,179 55,645 Street Fund 2,662,610 1,834,503 828,107 Airport Fund 47,862 92,126 (44,264) Capita11rT'4>rovements Fund 530,025 724,952 (194,927) Debt Service Fund 542,062 314,416 227,646 Water Fund 2,993,631 6,008,190 (3,014.559) Wastewater Fund 4,314,041 4,681,654 (367,613) Electric Fund 1,432,032 1,653,179 (221,147) Telecommunications Fund 753,386 367.801 385,585 Central Services Fund 1,176,198 854,883 321,315 Insurance Services Fund 1,340,999 1,509,081 (168,082) Equipment Fund 1 ,842,154 1,664,057 178,097 Cemetery Trust Fund 741,265 726,181 15,084 21,297,m 22,550,922 $ (1,253,145) Ski Ashland Agency Fund 27,356 22,245 5,111 Parks & Recreation Agency Fund 1,386,152 1,553,454 (167,302) 1,413,508 1,575,699 (162,191) Total Cash Distribution $ 22,711,285 $ 24,126,621 $ (1,415,336) Manner of Investment Petty Cash $ 3,010 $ 3,010 $ General Banking Ac~unts 1,613,309 1,948,643 (335,334) Local Govemmentlnv. Pool 18,594,966 17,799,968 794,998 City Investments 2,500,000 4,375,000 (1,875,000) Total Cash and Investments $ 22,711,285 $ 24,126,621 $ (1,415,336) Dollar Distribution Central Services, Insurance and Equipment Funds 19% Ski Ashland, Parks and RecreaUon Funds 6% All Other (General Government) 33% Business Type Funds 42% 12 second CIoslng FNnCiaI AepoIl b130 FY 2007 b.Jds 811312007 City of Ashland Combined Statement of Financial Position City Wide Second Closing for the twelve month ended June 30, 2007 Fiscal Year 2007 Percent Fiscal Year 2006 Year. To-Date Fiscal Year 2007 Collected I Year. To-Date Resource Summary Actuals Adjusted Expended Balance Actuals Revenues Taxes $ 17,963,204 $ 18,751,882 95.8% $ (788,678) $ 16,814,824 licenses and Permits 847,665 1,713,541 49.5% (865,876) 1,106,317 Intergovemmental Revenues 2,752,281 3,637,810 75.7% (885,529) 2,282,072 Charges for Services 32,880,199 34,603,9n 95.0% (1,723,n8) 32,499,061 System Development Charges 905,865 1,515,900 59.8% (610,O35) 1,344,063 Fines and Forfeitures 169,558 157,000 108.0% 12,558 137,460 Assessment Payments 108,864 252,000 43.2% (143,136) 360,860 Interest on Investments 9n ,292 715,300 136.6% 261,992 782,272 Miscellaneous Revenues 1,417,540 1,642,400 86.3% (224,860) 828,597 Total Revenues 58,022,468 62,989,810 92.1% {4,967,342} 56,155,526 Budgetary Resources: Other Financing Sources 500,000 0.0% (5OO,OOO) Interfund Loans 214,8n 745,000 28.8% (53O,123) 310,000 Proceeds From Debt Issuance 16,147,100 0.0% (16,147,loo) Transfers In 1,015,084 1,034,934 98.1% (19,850) 972,780 Total Budgetary Resources 1,229,961 18,427,034 6.7% (17,197,073) 1,282,780 Total Resources 59,252,429 81,416,844 72.8% (22,164,415) 57,438,306 Requirements by Classification Personal Services 21,256,827 22,748,766 93.4% 1,491,939 20,043,913 Materials and Services 28,037,710 31,132,442 90.1% 3,094,732 27,560,995 Debt Service 4,088,678 4,163,428 98.2% 74,750 4,462,708 Total Operating Expenditures 53,383,215 58,044,636 92.0% 4,661,421 52,067,616 Capital Construction Capital Outlay 6,636,424 17,589,975 37.7% 10,953,551 5,116,915 Interfund Loans 214,8n 745,000 28.8% 530,123 310,000 Transfers Out 1,015,084 1,046,934 97.0% 31,850 972,780 Contingencies 1,456,300 0.0% 1,456,300 Total Budgetary Requirements 1,229,961 3,248,234 37.9% 2,018,273 1,282,780 Total Requirements 61,249,600 78,882,845 n.6% 17,633,245 58,467,311 Excess (Deficiency) of Resources over Requirements (1,997,171) 2,533,999 -78.8% (4,531,170) (1,029,005) Working Capital Carryover 24,665,985 19,154,800 128.8% 5,511,185 25,694,990 Unappropriated Ending Fund Balance $ 22,668,814 $ 21,688,799 104.5% $ 980,015 $ 24,665,985 12 SOCllf1d ctosnQ F_ Rec>oo1 Jun 30 FY 2007 b.x1s 8/1312007 2 City of Ashland Schedule of Revenues By Fund Second Closing for the twelve month ended June 30, 2007 Fiscal Year 2007 Fiscal Year 2006 Year-To-Date Fiscal Year Percent to Year-To-Date Revenues by Fund Actuals 2007 Adjusted Budget Balance Actuals City General Fund $ 13,449,531 $ 15,532,351 86.6% $ (2,082,820) $ 12,652,930 Community Block Grant Fund 586,377 636,250 92.2% (49,873) 141,500 Street Fund 3,549,654 10,751,266 33.0% (7,201,612) 3,585,538 Airport Fund 118,556 103,500 114.5% 15,056 107,388 Capital Improvements Fund 1.784,959 6,136,761 29.1% (4,351,802) 795,757 Debt Service Fund 1,682,410 1,630,296 103.2% 52,114 820,699 Water Fund 4,631,402 11,054,000 41.9% (6,422,598) 4,571,503 Wastewater Fund 4,452,025 5,093,000 87.4% (640,975) 4,712,170 Electric Fund 12,412,896 13,211,000 94.0% (798,104) 12,139,981 Telecommunications Fund 2,073,912 1,774,000 116.9% 299,912 3,337,743 Central Services Fund 5,383,880 5,700,694 94.4% (316,814) 5,670,830 Insurance Services Fund 721,964 1,054,485 68.5% (332,521 ) 621,992 Equipment Fund 1,500,297 1,412,161 106.2% 88,136 1,364,756 Cemetery Trust Fund 55,218 49,300 112.0% 5,918 42,252 Total City Components 52,403,081 74,139,064 70.7% (21,735,984) 50,565,039 Parks and Recreation Component Parks and Recreation Fund 4,432,610 4,656,780 95.2% (224,170) 4,368,089 Ashland Youth Activities Levy Fund 2,327,379 2,409,000 96.6% (81,621 ) 2,273,768 Parks Capital Improvement Fund 89,359 212,000 42.2% (122,641) 231,410 Total Parks Components 6,849,347 7,277,780 94.1% (428,433) 6,873,267 Total City 59,252,429 81,416,844 72.8% (22,164,415) 57,438,306 Working Capital Carryover 24,665,985 19,154,800 128.8% 5,511,185 25,694,990 Total Budget $ 83,918,414 $ 100,571,644 83.4% $ 16,653,230 $ 83,133,296 12 second closing Fmancial Repon J\J130 FY 2007 b.xls 811312007 3 City of Ashland Schedule of Budgetary Compliance Per Resolution #2006-11 Second Closing for the twelve month ended June 30, 2007 Fiscal Year 2007 Year-lo-Date Fiscal Year 2007 Percent Actuals Adjusted Used Balance General Fund Administration $ 116,135 $ 253,780 45.8% $ 137,645 Administrative Services - Municipal Court 378,765 395,035 95.9% 16,270 Administrative Services - Social Services Grants 113,350 115,360 98.3% 2,010 Administrative Services - Economic & Cultural Grants 504,414 509,650 99.0% 5,236 Administrative Services - Miscellaneous 6,869 7,000 98.1% 131 Administrative Services - Band 47,946 61,554 77.9% 13,608 Police Department 4,671,045 5,325,774 87.7% 654,729 Rre and Rescue Department 5,176,434 5,300,372 97.7% 123,938 Public Works - Cemetery Division 314,164 355,375 88.4% 41 ,211 Community Development - Planning Division 1,140,376 2,313,591 49.3% 1,173,215 Community Development - Building Division 742,456 801,756 92.6% 59,300 Transfers 500 500 100.0% Contingency 357,000 0.0% 357,000 Total General Fund 13,212,454 15,796,747 83.6% 2,584,293 Community Development Block Grant Fund Personal Services 35,485 35,485 100.0% Materials and Services 330,375 385,765 85.6% 55,390 Other Rnancing Uses (Interfund Loan) 214,877 215,000 99.9% 123 Total Community Development Grant Fund 580,737 636,250 91.3% 55,390 Street Fund Public Works - Street Operations 1,905,286 4,060,268 46.9% 2,154,982 Public Works - Storm Water Operations 565,074 739,870 76.4% 174,796 Public Works - Transportation SDC's 57,384 274,850 20.9% 217,466 Public Works - Storm Water SDC's 33,412 57,500 58.1% 24,088 Public Works - Local Improvement Districts 37,179 343,498 10.8% 306,319 Contingency 143,000 0.0% 143,000 Total Street Fund 2,598,335 5,618,986 46.2% 3,020,651 Airport Fund Materials and Services 83,424 111,532 74.8% 28,108 Debt Service 35,072 35,173 99.7% 101 Contingency 5,000 0.0% 5,000 Total Airport Fund 118,496 151,705 78.1% 33,209 12 _ closing Financial Repor1 Jun l) FY 2007 b.x1s 811:Y.!OO7 4 Schedule of Budgetary Compliance Per Resolution #2006-11 Second Closing for the twelve month ended June 30, 2007 Fiscal Year 2007 Year-Ta-Date Fiscal Year 2007 Percent Actuals Adjusted Used Balance Capital Improvements Fund Personal Services 147,120 152,407 96.5% 5,287 Materials and Services 366,633 394,750 92.9% 28,117 Capital Outlay 522,817 3,056,000 17.1% 2,533,183 Transfers 905,434 905,434 100.0% Other Finan~ing Uses (Interfund loan) 530,000 0.0% 530,000 Contingency 50,000 0.0% 50,000 Total Capital Improvements Fund 1,942,005 5,088,591 38.2% 3,146,586 Debt Service Fund Debt Service 1,587,890 1,656,170 95.9% 68,280 Total Debt Service Fund 1,587,890 1,656,170 95.9% 68,280 Water Fund Electric - Conservation Division 162,323 172,005 94.4% 9,682 Public Works -Forest lands Management Division 194,055 196,000 99.0% 1,945 Public Works -Water Supply 2,222,287 3,020,879 73.6% 798,592 Public Works - Water Treatment 969,087 1,400,354 69.2% 431,267 Public Works - Water Division 2,401,229 3,264,112 73.6% 862,883 Public Works. Reimbursement SDC's 408,155 467,670 87.3% 59,515 Public Works -Improvement SDC's 570,241 733,580 77.7% 163,340 Public Works - Debt SDC's 123,711 123,932 99.8% 221 Contingency 121,000 0.0% 121 ,000 Total Water Fund 7,591,858 10,043,989 75.6% 2,452,131 WasteWater Fund Public Works - Wastewater Collection 1,448,053 2,240,657 64.6% 792,604 Public Works - Wastewater Treatment 1,699,211 2,022,260 84.0% 323,049 Public Works -Reimbursements SDC's 192,160 0.0% 192,160 Public Works -Improvements SDC's 20,083 108,090 18.6% 88,007 Debt Service 1,793,096 1,793,196 100.0% 100 Contingency 149,000 0.0%' 149,000 Total Wastewater Fund 4,960,443 6,505,363 76.3% 1,544,920 Electric Fund Electric - Conservation Division 458,203 976,645 46.9% 518,442 Electric - Supply 6,082,762 6,557,504 92.8% 474,742 Electric - Distribution 5,008,155 5,189,851 96.5% 181,696 Electric - Transmission 889,288 1,048,600 84.8% 159,312 Contingency 381,000 0.0% 381 ,000 Total Electric Fund 12,438,408 14,153,600 87.9% 1,715,192 12 seoond cIoslng F_ Aepott J1Jl:Kl FY = b.xls 8I1Y.1OO7 5 Schedule of Budgetary Compliance Per Resolution #2006-11 Second Closing for the twelve month ended June 30, 2007 Fiscal Year 2007 Year-Ta-Date Fiscal Year 2007 Percent Actuals Adjusted Used Balance Telecommunications Fund IT - Customer Relations\Promotions 59,371 123,608 48.0% 64,237 IT - Cable Television 572,100 578,746 98.9% 6,646 IT - Internet 757,325 776,310 97.6% 18,985 IT - High Speed Access 300,390 301 ,179 99.7% 789 Contingency 100,000 0.0% 100,000 Total- Telecommunications Fund 1,689,186 1,879,843 89.9% 190,657 Central Services Fund Administration Department 976,554 1,047,125 93.3% 70,571 Administrative Services Department 1,846,177 1,994,524 92.6% 148,347 IT - Computer Services Division 890,411 982,388 90.6% 91 ,977 City Recorder 270,596 276,268 97.9% 5,672 Public Works - Administration and Engineering 1,260,241 1 ,488,463 84.7% 228,222 Contingency 41,300 0.0% 41 ,300 Total Central Services Fund 5,243,979 5,830,068 89.9% 586,089 Insurance Services Fund Personal Services 224,689 400,000 56.2% 175,311 Materials and Services 560,147 661,291 84.7% 101,144 Contingency 32,000 0.0% 32,000 Total Insurance Services Fund 784,836 1,093,291 71.8% 308,455 Equipment Fund Personal Services 243,499 266,474 91.4% 22,975 Materials and Services 477,830 519,957 91.9% 42,127 Capital Outlay 581,967 1,415,000 41.1% 833,033 Contingency 42,000 0.0% 42,000 Total Equipment Fund 1 ,303,296 2,243,431 58.1% 940,135 Cemetery Trust Fund Transfers 29,150 31,000 94.0% 1,850 Total Cemetery Trust Fund 29,150 31,000 94.0% 1,850 12 secool closing Financial Roport "'" 30 FY 2001 b.xts 811:>'2007 6 Schedule of Budgetary Compliance Per Resolution #2006-11 Second Closing for the twelve month ended June 30, 2007 Fiscal Year 2007 Year-la-Date Fiscal Year 2007 Percent Actuals Adjusted Used Balance Parks and Recreation Fund Parks Division 3,366,864 3,868,250 87.0% 501 ,386 Recreation Division 882,612 958,700 92.1% 76,088 Golf Division 342,250 416,000 82.3% 73,750 Debt Service 3,500 0.0% 3,500 Transfers 80,000 110,000 72.7% 30,000 Contingency 35,000 0.0% 35,000 Total Parks and Recreation Fund 4,671,725 5,391,450 86.7% 719,725 Youth Activities Levy Fund Personal Services 92,469 96,000 96.3% 3,531 Materials and Services 2,249,451 2,335,361 96.3% 85,910 Total Youth Activities Levy Fund 2,341,920 2,431,361 96.3% 89,441 Parks Capital Improvement Fund Capital Outlay 154,881 331,000 46.8% 176,119 lotal Parks Capital Improvement Fund 154,881 331,000 46.8% 176,119 lotal Appropriations $ 61,249,600 $ 78,882,845 77.6% $ 17,633,245 12 """"'" dosing Financial Rl\XlIl JU130 FY ml b.x1s 8I1Y.'007 7 City of Ashland Schedule of Expenditures By Fund Second Closing for the twelve month ended June 30, 2007 Fiscal Year 2007 Fiscal Year 2006 Year-la-Date Fiscal Year Percent Year-To-Date Requirements by Fund Actuals 2007 Adjusted Expended Balance Actuals City Funds General Fund $ 13,212,454 $ 15,796,747 83.6% $ 2,584,293 $ 12,419,382 Community Block Grant Fund 580,737 636,250 91.3% 55,513 128,409 Street Fund 2,598,335 5,618,986 46.2% 3,020,651 3,307,522 Airport Fund 118,496 151,705 78.1% 33,209 175,456 Capital Improvements Fund 1,942,005 5,088,591 38.2% 3,146,586 917,140 Debt Service Fund 1,587,890 1 ,656,170 95.9% 68,280 785,446 Water Fund 7,591,858 10,043,989 75.6% 2,452,131 4,850,487 Wastewater Fund 4,960,443 6,505,363 76.3% 1,544,920 5,074,754 Electric Fund 12,438,408 14,153,600 87.9% 1,715,192 12,551,142 Telecommunications Fund 1,689,186 1,879,843 89.9% 190,657 3,717,807 Central Services Fund 5,243,980 5,830,068 89.9% 586,088 5,416,957 Insurance Services Fund 784,836 1,093,291 71.8% 308,455 597,533 Equipment Fund 1 ,303,296 2,243,431 58.1% 940,135 1,343,641 Cemetery Trust Fund 29,150 31,000 94.0% 1,850 25,451 lotal City Components 54,081,074 70,729,034 76.5% 16,647,960 51,311,127 Parks and Recreation Component Parks and Recreation Fund 4,671,724 5,391,450 86.7% 719,726 4,540,597 Youth Activities Levy Fund 2,341,920 2,431,361 96.3% 89,441 2,342,127 Parks Capital Improvements Fund 154,881 331,000 46,8% 176,119 273,460 Total Parks Components 7,168,526 8,153,811 87.9% 985,285 7,156,184 lotal Requirements by Fund 61,249,600 78,882,845 77.6% 17,633,245 58,467,311 Ending Fund Balance 22,668,814 21,688,799 104.5% 980,015 24,665,985 lotal Budget $ 83,918,414 $ 100,571,644 83.4% $ 18,613,260 $ 83,133,296 12 second closing FII18I1CiaI AeplIt .M:I) FY 2007 b.x1s 1Y1312OO7 8 CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Council Appeal PA2007-00455, 247 Otis St. Final Plan August 21, 2007 Primary Staff Contact: David Stalheim Planning E-Mail: stalheid@ashland.or.us N/ Secondary Contact: Angela Barry Estimated Time: 60 minutes Statement: The Planning Commission approved the Planning Action with conditions on July 10, 2007, and the decision was subsequently appealed. The public hearing is scheduled for the August 21, 2007 Council meeting. The item is time sensitive because the 120-day limit expires on September 20,2007. Ideally, the hearing would be completed and a decision made at the August 21, 2007 meeting. This would allow preparation of the findings for a September meeting. Staff Recommendation: The Planning Commission approved the request for Final Plan approval under the Performance Standards Options Chapter 18.88 for an 18-unit residential subdivision, including one lot containing the existing home and swimming pool structure on the site. Staff supports the decision ofthe Planning Commission as stated in the findings. Background: On March 16, 2007, Sage Development LLC filed the application for Final Plan approval for an 18- unit residential subdivision at 247 Otis St. The Final Plan application was preliminarily approved by city staff on May 24, 2007 (P A 2007-00455). Prior to the administrative approval being finalized, a public hearing was requested on June 4, 2007. The application was scheduled for a public hearing and reviewed and approved by the Planning Commission on July 10, 2007. The findings were reviewed and approved at the July 10, 2007 Planning Commission meeting. Previously, the Planning Commission granted Outline Plan approval for an 18-unit single-family residential subdivision and an Exception to the Street Standards to allow curbside sidewalks to preserve trees, wetland and the existing residence at 247 Otis on July 11,2006 (PA 2006-00078). The Planning Commission decision on the P A 2006-00078 was appealed. The City Council granted Outline Plan approval for an 18-unit single-family residential subdivision and an Exception to the Street Standards to allow curbside sidewalks to preserve trees, wetland and the existing residence application at 247 Otis on January 2,2007 (PA 2006-00078). The item is time sensitive because the 120-day limit expires on September 20,2007. Ideally, the hearing would be completed and a decision made at the August 21, 2007 meeting. This would allow preparation of the findings for a September meeting. A timely appeal was filed by Art Bullock on July 27,2007. The appeal request states that the grounds for the appeal is the failure ofthe application to meet Street Standards as required in the Criteria in AMC18.88.030.b.5.g. The specific details explaining the inconsistencies of the proposed Final Plan Page 1 of3 CC 247 Otis Final plan.doc ~.t. 1 CITY OF ASHLAND application with the Street Standards were not provided with the appeal request. The development's compliance with the Street Standards is also an approval criterion for the Outline Plan. The issue was discussed at length during the course of the Planning Commission and City Council meetings as it was an issue raised by an appellant. The street improvements in the Final Plan application are the same as in the approved Outline Plan. This issue is also addressed in detail in the attached Staff Report for the July 10, 2007 Planning Commission Public Hearing. Related City Policies: Appeal Proceedings (18.108.110): A. Appeals of Type I decisions for which a hearing has been held, of Type II decisions or of Type III decisions described in section l8.108.060.A.1 and 2 shall be initiated by a notice of appeal filed with the City Administrator. The standard Appeal Fee shall be required as part ofthe notice. Failure to pay the Appeal Fee at the time the appeal is filed is a jurisdictional defect. 1. The appeal shall be filed prior to the effective date of the decision of the Commission. 2. The notice shall include the appellant's name, address, a reference to the decision sought to be reviewed, a statement as to how the appellant qualifies as a party, the date ofthe decision being appealed, and the specific grounds for which the decision should be reversed or modified, based on the applicable criteria or procedural irregularity. 3. The notice of appeal, together with notice of the date, time and place of the hearing on the appeal by the Council shall be mailed to the parties at least 20 days prior to the hearing. 4. The appeal shall be a de novo evidentiary hearing. 5. The Council may affirm, reverse or modify the decision and may approve or deny the request, or grant approval with conditions. The Council shall make findings and conclusions, and make a decision based on the record before it as justification for its action. The Council shall cause copies of a final order to be sent to all parties participating in the appeal. B. Appeals may only be filed by parties to the planning action. "Parties" shall be defined as the following: 1. The applicant. 2. Persons who participated in the public hearing, either orally or in writing. Failure to participate in the public hearing, either orally or in writing, precludes the right of appeal to the Council. 3. The Council, by majority vote. 4. Persons who were entitled to receive notice ofthe action but did not receive notice due to error. Criteria for Final Approval (18.88.030 B5) Final plan approval shall be granted upon finding of substantial conformance with the outline plan. Nothing in this provision shall limit reduction in the number of dwelling units or increased open space provided that, if this is done for one phase, the number of dwelling units shall not be transferred to another phase, nor the open space reduced below that permitted in the outline plan. This substantial conformance provision is intended solely to facilitate the minor modifications from one planning step Page 2 of3 CC 247 Otis Final plan.doc r~' CITY OF ASHLAND to another. Substantial conformance shall exist when comparison of the outline plan with the final plan shows that: a. The number of dwelling units vary no more than ten (10%) percent of those shown on the approved outline plan, but in no case shall the number of units exceed those permitted in the outline plan. b. The yard depths and distances between main buildings vary no more than ten (10%) percent of those shown on the approved outline plan, but in no case shall these distances be reduced below the minimum established within this Title. c. The open spaces vary no more than ten (10%) percent ofthat provided on the outline plan. d. The building size does not exceed the building size shown on the outline plan by more than ten (10%) percent. e. The building elevations and exterior materials are in conformance with the purpose and intent of this Title and the approved outline plan. f. That the additional standards which resulted in the awarding of bonus points in the outline plan approval have been included in the final plan with substantial detail to ensure that the performance level committed to in the outline plan will be achieved. g. The development complies with the Street Standards. (Ord 2836, S3 1999) Council Options: The Council may approve, approve with modifications and conditions, or deny the application. Potential Motions: Move to approve the application for Final Plan approval under the Performance Standards Options Chapter 18.88 for an 18-unit residential subdivision, including one lot containing the existing home and swimming pool structure on the site, for the property located at 247 Otis St. in P A 2007-00455 with the conditions of approval attached by the Planning Commission as stated in the Findings and Orders dated July 10, 2007. Move to approve the application for Final Plan approval under the Performance Standards Options Chapter 18.88 for an 18-unit residential subdivision, including one lot containing the existing home and swimming pool structure on the site, for the property located at 247 Otis St. in PA 2007-00455 with modified conditions of approval. Move to deny the application as submitted. Attachments: Record of Planning Action P A 2007-00455, 247 Otis St. Page 3 of3 CC 247 Otis Final plan.doc r., CITY OF ASHLAND RECORD FOR PLANNING ACTION 2007-00455 PLANNING ACTION: #2007-00455 SUBJECT PROPERTY: 247 Otis Street OWNER/APPLICANT: Sage Development DESCRIPTION: Appeal of the Planning Commission decision to approve a request for Final Plan approval under the Performance Standards Options Chapter 18.88 for an 18-unit residential subdivision, including one lot containing the existing home and swimming pool structure on the site, for the property located at 247 Otis St. The application was preliminarily approved by city staff on May 24, 2007. Prior to the administrative approval being finalized, a public hearing was requested on June 4, 2007.COMPREHENSIVE PLAN DESIGNA TION: Single-Family Residential; ZONING: R-1-5P; ASSESSOR'S MAP#: 391E 04 BC; TAX LOT: 400. Date Item 7-27 -07 8-1-07 7-12-07 7-10-07 Notice of land Use Appeal submitted by Art Bullock Public notice & criteria, mailing list, affidavit of mailing, newspaper publication Notice of Decision Planning Commission Findings, Conclusions & Orders 7-11-06 Julv 10. 200 Plannina Commission Packet Public notice & criteria Affidavit of mailing, mailing labels, meeting notice Planning Commission Minutes dated 7-10-07 Staff Report dated 7-10-07 Adopted Written Findings from Planning Commission & City Council for approved Outline Plan Application - PA2006-00078 Wetland Delineation Information dated 1-18-07 Final Plan Aoolication Applicant's Findings Traffic Impact Analysis Covenants, Conditions & Restrictions Site Plan & other maps Public Hearing Request & Public Comments Notice of Public Meeting & Minutes - 6-12-07 Paae # 1-2 3-9 10-11 12-19 20-282 20-21 22-27 28-31 32-44 45-75 76-78 79-270 80-128 129-197 198-240 241-270 271-274 275-282 City Administrator Martha Bennett City of Ashland 20 East Main St Ashland, OR 97520 541-488-6002 7 _0-- Pursuant to AMC 18.108.11 O(A)( 1 ), (2), this an appeal of Planning Action 2007-00455 Helman Springs Development, 247 Otis St, dated 2007 Ju112. Appellant was a party to the action before the Planning Commission, Basis of the appeal is failure to satisfy AMC 18.88,030(B)(5)(g) Final Plan requirements for street standards, inter alia. Appellant understands the appeal fee is $286 before 2007 Aug1; $293 after 2007Aug1. The Notice Of Decision letter specifies that the appeal fee is $269. Attached is the appropriate fee, with the understanding that land use appeals are 'on sale' this week. Re,~eCtfUI~y, Art Bullock 791 Glendower St Ashland OR 97520 July 27, 2007 95869 Date ". Jl ~o l- Cash e Check 0 " Account Number = 10 I 'd. I _ LO=== CITY OF ASHLAND Received from (), \- ~ \ \ DC L For (N..)r)(j ~<L,^ \ Account Number A 0 nt By -y-- --1---.--- -- ------- TOT AL $ Amount a ~~ ,00 ~-. IF~~ Planning Department, 51 Winburn Way, Ashland, Oregon 97520 541-488.5305 Fax: 541-552-2050 www.ashland.or.us TIY: 1-800-735-2900 CITY OF ASHLAND PLANNING ACTION: #2007-00455 SUBJECT PROPERTY: 247 Otis Street OWNER/APPLICANT: Sage Development DESCRIPTION: Appeal of the Planning Commission decision to approve a request for Final Plan approval under the Performance Standards Options Chapter 18.88 for an 18-unit residential subdivision, including one lot containing the existing home and swimming pool structure on the site, for the property located at 247 Otis St. The application was preliminarily approved by city staff on May 24, 2007. Prior to the administrative approval being finalized, a public hearing was requested on June 4, 2007.COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential; ZONING: R-1-5P; ASSESSOR'S MAP #: 391E 04 BC; TAX LOT: 400. ASHLAND CITY COUNCIL MEETING: August 21,7:00 PM, Ashland Cjvic Center I 1"__ ( l I I 1 ~ I ~~ I'll/ I il1--~ rl~ :7:~ -1 i ill I( SUllJECTPROPIiJfTY ~-L i ~ ~~-~~rl I ~ I tiii J I . lalr- -l I I i~L . f- I~ .~ -,; J-' -~ O~'S~ - ~I I I Jr I I' / I I Il=>l I ./ f-.! I --"--j ,;-l~-AN I [ ! S.~' ! I I I /' I~zl I I- I '\ Notice is hereby given that a PUBUC HEARING on the following request with respect to the ASHLAND LAND USE ORDINANCE will be held before the ASHLAND CITY COUNCIL 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 atUlched to this notice. Oregon law states that failure to raise an objection concerning this appIic8tion, 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 i.sue. 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 St8ff 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 .nd Engineering Services, 51 Winburn Way, Ashland, Oregon 97520. During the Public Hearing, the Chair shall allow testimony from the applicant and those in attendance conceming this request. The Ch.ir shall have the right to limit the length of testimony and require that comments be restricted to the applicable criteria. Unl... there is . 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. In compliance with the American with Disabilities Act, if you need special assistanc. to participate in this meeting, pi.... contact the City Administrator's office at 541~2 (TTY phone number 1-800-735-2900). Notificetion 72 hours prior to the meeting will enable the City to make .....onabl. arrangements to ensure accessibility to the meeting. (28 CFR 35.102.-35.104 ADA Title I). If you have questions or comments concerning this request please feel free to contact the Ashland Planning Department, at 541-488-5305. G. 'comm-dev'plallDingINouces MailedJOO7\2007-00455 COUDCil AppeaI8.21.07.doc FINAL PLAN APPROVAL 18.88.030 85 Criteria for Final Approval Final plan approval shall be granted upon finding of substantial conformance with the outline plan. Nothing in this provision shalllim~ reduction in the number of dwelling units or increased open space provided that, if this is done for one phase, the number of dwelling units shall not be transferred to another phase, nor the open space reduced below that permitted in the outline plan. This substantial conformance provision is intended solely to facilitate the minor modifications from one planning step to another. Substantial conformance shall exist when comparison of the outline plan with the final plan shows that: a. The number of dwelling units vary no more than ten (10%) percent of those shown on the approved outline plan, but in no case shall the number of units exceed those permitted in the outline plan. b. The yard depths and distances between main buildings vary no more than ten (10%) percent of those shown on the approved outline plan, but in no case shall these distances be reduced below the minimum established within this Title. c. The open spaces vary no more than ten (10%) percent of that provided on the outline plan. d. The building size does not exceed the building size shown on the outline plan by more than ten (10%) percent. e. The building elevations and exterior materials are in conformance with the purpose and intent of this Title and the approved outline plan. f. That the add~ional standards which resu~ed in the awarding of bonus points in the outline plan approval have been included in the final plan with substantial detail to ensure that the performance level committed to in the outline plan will be achieved. g. The development complies with the Street Standards. (Ord 2836, S3 1999) APPEAL PROCEEDINGS 18.108.110 Appeal to Council A. Appeals of Type I decisions for which a hearing has been held, of Type II decisions or of Type III decisions described in section 18.108.060.A.1 and 2 shall be initiated by a notice of appeal filed with the City Administrator. The standard Appeal Fee shall be required as part of the notice. Failure to pay the Appeal Fee at the time the appeal is filed is a jurisdictional defect. 1. The appeal shall be filed prior to the effective date of the decision of the Commission. 2. The notice shall include the appellant's name, address, a reference to the decision sought to be reviewed, a statement as to how the appellant qualifies as a party, the date of the decision being appealed, and the specific grounds for which the decision should be reversed or modified, based on the applicable criteria or procedural irregularity. 3. The notice of appeal, together with notice of the date, time and place of the hearing on the appeal by the Council shall be mailed to the parties at least 20 days prior to the hearing. 4. The appeal shall be a de novo evidentiary hearing. 5. The Council may affirm, reverse or modify the decision and may approve or deny the request, or grant approval with conditions. The Council shall make findings and conclusions, and make a decision based on the record before it as justification for ~s action. The Council shall cause copies of a final order to be sent to all parties participating in the appeal. B. Appeals may only be filed by parties to the planning action. .Parties. shall be defined as the following: 1. The applicant I .. . . 2. Persons who participated in the public hearing, either orally or in writing. Failure to participate in the public hearing, either orally or in writing, precludes the right of appeal to the Council. 3. The Council, by majority vote. 4. Persons who were entitled to receive notice of the action but did not receive notice due to error. G:lcomm-devlpl8D11ing.Noliccs MaiIed'200112007-Q04SS Council Appe118.2I.07.doc PA-2007-00455 391 E04BC 1103 ALSING ALLEN A TRUSTEE ET AL 970 WALKER AVE ASHLAND OR 97520 PA-2007-00455 391 E04BC 134 ARMITAGE S E JRJDEBRA A K 205 RANDY ASHLAND OR 97520 PA-2007-00455 391E04BC 1213 BLISS TODD W PO BOX 1608 MONTEREY CA 93942 PA-2007-00455 391E04BC 400 CHAMBERS SYLVIA S 2225 H ST EUREKA CA 95501 PA-2007-00455 391E05AD 508 COCHRAN JOSEPH F/BARBARA A 495 WILLOW ST ASHLAND OR 97520 PA-2007-00455 391E05AD 513 DENNETT MARK/MARTHA 1257 SISKIYOU BLVD PMB #136 ASHLAND OR 97520 PA-2007-00455 391E04BC 503 FELGER CAROLEE I TRSTEE FBO 200 TOLMAN CREEK RD ASHLAND OR 97520 PA-2007-00455 391E05AD 162 HILL LINDA MARLENE 1124 DONALDO CT SOUTH PASADENA CA 91030 PA-2007-00455 391E05AD 164 JENSEN STEVE/CAROL 355 OTIS ST ASHLAND OR 97520 PA-2007-00455 391E05AD 169 KLINE RICHARD NKLINE DALE A 400 W HERSEY ST 2 ASHLAND OR 97520 PA-2007-00455 391E04BC 133 AMAROTICO EMILE J/KAREN 195 RANDY ST ASHLAND OR 97520 PA-2007-00455 391E05AD 145 BISACCIA LANCE E POBOX 579 ASHLAND OR 97520 PA-2007-00455 391E05AD 144 BOUSE ANN M 290 CAMBRIDGE ST ASHLAND OR 97520 PA-2007-00455 391 E04BC 1003 CLOVER DAVE TRUSTEE 540 LAUREL ST ASHLAND OR 97520 PA-2007-00455 391E05AD 142 COPELAND SANDRA LEE 266 CAMBRIDGE ASHLAND OR 97520 PA-2007-00455 391E05AD 137 ETTERS TERRY RJDEBORAH A PO BOX 954 KLAMATH FALLS OR 97601 PA-2007-00455 391E05AD 168 FLYNN KEVIN/ROXANNE 605 ELIZABETH AVE ASHLAND OR 97520 PA-2007-00455 391E05AD 501 HOLT REBECCA L. 300 OTIS ST ASHLAND OR 97520 PA-2007-00455 391E05AD 157 JOHNSON DOUGLAS C/E M MICKE 254 CAMBRIDGE ST ASHLAND OR 97520 PA-2007-00455 391E05AD 143 KNUDSEN SANDRA L 276 CAMBRIDGE ST ASHLAND OR 97520 PA-2007-00455 391E05AD 136 APPLEBERRY LIJA 704 WILLOW ST ASHLAND OR 97520 PA-2007-00455 391E05AD 139 BLACK ROBERT HENRY TRUSTEE ET AL 744 PALMER RD ASHLAND OR 97520 PA-2007-00455 391 E05AD 159 CHAMBERS CHRISTOPHER LISA TUREN LEAH J 590 ELIZABETH ST ASHLAND OR 97520 P;\ 2007 00155 391E01BC 1001 CLOVER D,^.VE TRUSTEE 510 N U.UREL ST ;\SHL;\ND OR 97520 PA-2007-00455 391E04BC 132 DANNER BRYANT C TRUSTEE 821 BERKSHIRE FLINTRIDGE CA 91011 PA-2007-00455 391E04BC 131 FARRELL PATRICIA L 709 N LAUREL ST ASHLAND OR 97520 PA-2007-00455 391E04BC 136 HAMER BERNARD W 196 CAMBRIDGE ST ASHLAND OR 97520 PA-2007-00455 391E05AD 500 JAFFE ROBERTA 344 OTIS ST ASHLAND OR 97520 PA-2007-00455 391E05AD 160 KALB JOHN M/SHARI L 580 ELIZABETH ST ASHLAND OR 97520 PA-2007-00455 391E05AD 503 LANG JUDITH M 320 OTIS ST ASHLAND OR 97520 PA-2007-00455 391E04BC 135 LEIGHTON J/JENNINGS BRUCE 206 CAMBRIDGE ST ASHLAND OR 97520 PA-2007-00455 39 I E05AD 158 MACDONELL DOUGLAS M/SUE M 150 HIGH ST ASHLAND OR 97520 P A-2007 -00455 391 E04BC 50 I MYERS WILLIAM B/MARIE E 1711 VIEW PL MEDFORD OR 97504 PA-2007-00455 391E05AD 161 PALOMA P MARIE 570 ELIZABETH AVE ASHLAND OR 97520 PA-2007-00455 391E05AD 504 RING ERIC ET AL 481 WILLOW ST ASHLAND OR 97520 PA-2007-00455 391E04BC 1212 SCHACHTER STEFAN J PO BOX 1192 ASHLAND OR 97520 PA-2007-00455 391E05AD 166 STAVENHAGEN JANET L PO BOX 785 MONTEBELLO CA 90640 PA-2007-00455 391E04BC 1100 TAYLOR ANNE C 492 WILLOW ST ASHLAND OR 97520 PA-2007-00455 391E05AD 141 WOOD WANDA JO TRUSTEE FBO 275 RANDY ST ASHLAND OR 97520 P A-2007-00455 SAGE DEVELOPMENT LLC 2305 ASHLAND ST #C446 ASHLAND, OR 97520 PA-2007-00455 391E05AD 506 LIND LAUREN 332 OTIS ST ASHLAND OR 97520 PA-2007-00455 391E05AD 138 MCKENZIE MICHAEL TRUSTEE ET AL 6597 CANE LN V ALLEY SPRINGS CA 95252 P A-2007 -00455 391 E05AD 171 OPGENORTH JOHN/MARY LINDON 575 ELIZABETH AVE ASHLAND OR 97520 PA-2007-00455 391E05AD 140 PATTON CLAY/LAURIE 265 RANDY ST ASHLAND OR 97520 PA-2007-00455 39 I E04BC 100 ROBERTSON BRUCE R/ROBIN 707 HELMAN ST ASHLAND OR 97520 PA-2007-00455 391E04BC 600 SCHOOL DISTRICT 5 885 SISKIYOU BLVD ASHLAND OR 97520 PA-2007-00455 391E05AD 507 STOUT CARLYLE III TRSTE FBO 356 OTIS ST ASHLAND OR 97520 PA-2007-00455 391 E05AD 165 TIERNEY CARYN L ET AL 295 RANDY ST ASHLAND OR 97520 PA-2007-00455 391E04BC 504 WREN JOHN B JR ET AL 2261 SISKIYOU BLVD ASHLAND OR 97520 P A-2007-00455 THORNTON ENGINEERING JAMES PETERSON 1236 DISK DRIVE #1 MEDFORD, OR 97502 P A-2007-00455 391 E05AD 170 MAAG MICHAEL KJGWENEVERE L TUROS 585 ELIZABETH ST ASHLAND OR 97520 PA-2007-00455 391E05AD 511 MEST ALAN D TRUSTEE ET AL 2009 VOORHEES AVE REDONDO BEACH CA 90278 PA-2007-00455 39 I E04BC 1205 ORREAL LLC 7-15 162ND ST 12-8A NEW YORK NY 11357 P A-2007 -00455 391 E05AD 117 PERRY SARAH J MAGEE/ANTIONE 705 WILLOW ST ASHLAND OR 97520 PA-2007-00455 391E04BC 1102 ROBERTSON DENNIS TRSTEE FBO 531 N LAUREL ST ASHLAND OR 97520 PA-2007-00455 391E04BC 1204 SESSIONS ALICE E TRSTEE FBO 523 N LAUREL ASHLAND OR 97520 PA-2007-00455 391 E05AD 100 STRATTON JOHN D TRUSTEE ET AL POBOX214 JACKSONVILLE OR 97530 PA-2007-00455 391E04BC 1104 WERFEL CATHERINE L 210 OTIS ST ASHLAND OR 97520 PA-2007-00455 391E05AD 167 WYNN BETTY TALBOT TRSTE FBO 315 RANDY ST ASHLAND OR 97520 PA-2007 -00455 POLARIS LAND SURVEYING SHAWN KAMPMANN P.O. BOX 459 ASHLAND, OR 97520 P A-2007 -00455 KENCAIRN SAGER LAND ARCH 545 "A" STREET ASHLAND, OR 97520 PA-2007-00455 UPPER LIMB-IT P.O. BOX 881 ASHLAND, OR 97520 P A-2007-00455 N.W. BIOLOGICAL P.O. BOX 671 ASHLAND, OR 97520 P A-2007 -00455 ART BULLOCK 791 GLENDOWER ASHLAND, OR 97520 PA-2007-00455 CYNDI mON 897 HILL VIEW ASHLAND, OR 97520 PA-2007-00455 DEVIAN AGUIRRE 190 CLOVER LN ASHLAND, OR 97520 /' ..-' ~ ,""" ~ f I I .' 1'/', .c ,.... / .' '') ) " /:..- 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 Auaust 1. 2007, 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 # 2007-00455.247 Otis St. 7",1 t~/) , . '" 1.. <----... SIGNED AND SWORN TO before me this 1st day of Auaust, 2007. _OFFICIAL SEAL B. BOSWELL NOTARY PUBtJC.OREGON COMMISSION NO. 391525 v,OMMISSION EXPIRES APR. 07, 2009 ,/1/1 /7'.~.' -......;z./-I (~ () l) , . r),T.,),,,~ \.:.:.- /"----, No\a:; PU~li~for Stat~ of Oregon My Commission Expires: 4 - 7 - {. cl ATTN: ANDREA (CLASSIFIED) PUBLISH IN LEGAL ADVERTISING NOTICE OF PUBLIC HEARING NOTICE IS HERBY GIVEN that a Public Hearing on the following with respect to the Ashland Land Use Ordinance will be held before the Ashland City Council on August 21, 2007at 7:00 p.m. at the Ashland Civic Center, 1175 East Main Street, Ashland, OR. 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. Appeal of the Planning Commission decision to approve a request for Final Plan approval under the Performance Standards Options Chapter 18.88 for an 18-unit residential subdivision, including one lot containing the existing home and swimming pool structure on the site, for the property located at 247 Otis St. The application was preliminarily approved by city staff on May 24, 2007. Prior to the administrative approval being finalized, a public hearing was requested on June 4, 2007. Barbara Christensen City Recorder Publish: 8/8/2007 Date e-mailed: 7/31/2007 P. O. # 72136 i July 12, 2007 CITY OF ASHLAND Sage Development 2305 Ashland St. Ste C446 Ashland, OR 97520 RE: RE: Planning Action #2007-00455 Notice of Decision At its meeting of July 10.2007, hased on the record of the public meetings and hearings on this matter. the Ashland Planning Commission approved your request for a Final Plan approval fnr the property located at 247 Otis -- Assessor's ~lap # 39 1 E 04 BC; Tax Lot 400. The Ashland Planning Commission approved and signed the Findings. Conclusions and Orders document. on July 10.2007. Approval is valid for a period nf nne year. Please review the attached findings and conditions of approval. The conditions of approval shall be met prior to project completion. Copies nfthe Findings, Cnnclusions and Orders document, the application and all associated documents and evidence submitted, applicable criteria and standards are available for review at the Ashland Community Development Department. located at 51 Winburn Way. This decisinn may be appealed to the Ashland City Cnuncil if a Notice of Appeal is tiled within 15 days of the date this notice was mailed and with the required fee ($269.00), in accordance with Chapter 18.108.110 (A) nfthe Ashland Municioal Code. The appeal may not be made directly to the Land Use Board of Appeals. The appeal shall be limited tn the following criteria: SECTION 18.108.110 Appeal to Council. A. Appeals of' (vpe I decisionsfiw Hhic.:h a hearing has been held. of'T\1'e II decisions or o( T\1'e III decisions desc.:rihed ill sec.:tion 18. 108. (}(jO.A. I and 2 shall he initiatt'd hy a notice olappealfi/t'd \\'ith the City Administrator. The standard Appeal Fee shall be rt'quired as part of'the notice. Failure to pay the Appeal Fee at the time the appeal isfi/ed is ajurisdictional defi:ct. I. The appeal shall he.filed prior to the e{fixtive date o(rht: decision o(rhe Commission. 2. nle notice shall include the appellant". name. address. a ref'erence to tht: decision sought to he reviewed. a statement as to huH' the appellant qualities as a parZV. the date I?f'the decision heing appealed. and the .\pel.'itic grounds.fiw Hhich the decision should he reversed or modifiec/. hasec/wI the applicaNe L'I'itt:ria ur proct:c/ural irregularitv. 3. The notice o(appeal. togl'fher \\'ith notice o(the date. time anc/ plth:e o(rhe hearing on the appeal hy the Council shall he mailed to the parties at least 20 dars prior to rhe hearing. 4. The appeal shall he a c/e novo el'ic/entill1)' hearing. DEPT. OF COMMUNITY DEVELOPMENT 20 E. Main Street Ashland. Oregon 97520 wwwashlandor.us Tel 541-488-5305 Fax 541-552-2050 TTY 800-735-2900 JIr.lI ._~ '\ ) 5. The Cmi11cilll/a\' a/linn, n:wrse or modi/.i' Ihe decision and may apprO\'e or deny Ihe reclucsl, or grail! approvu/ll'ilh condilio1!S. 71/(' Council shall 11/akefindings and conclusions. and make a decision hased on Ihe rel.'ord hefiwe il asjuslificalionfin' ils aClion. The Council shallcuuse copies o(atinal order 10 he ,\c.'1I! 10 all parlies parlidpaling in Ihe appeal. R. Appeals may onzr hePled hy parlies to the planning acfion. "Parlies" shal/ he defined as Ihe.tiJI/O\ring: I. 711e applicant. ., Persons It},o parlicljJated in Ihe puNic hearing, either oralzv or in \I Tiling. Failure 10 parlicipar..: in the puNic heuring, dlher oral/v or in I\'/'iling, precludes Ihe right o(appeal 10 Ihe Council. 3. nil! Council, hy ma;ority I'ote. 4. Persons \11/0 lHTe enlitled 10 receive notice o(the aclion hut did nol receive notice due to error. If you have any questions regarding this decision, please contact the Community Development Department between the hours of 8:00 am and 4:30 pm, Monday through Friday at (541) 488-5305. cc: Art Bullock, 791 Glendower Ashland, OR 97520 Cyndi Dion, 897 Hillvicw Ashland, OR 97520 Lija Appleberry, 704 Willow Ashland, OR 97520 Thornton Engineering, 1236 Disk Drive Stc. 1 Ashland, OR 97520 KenCairn Sager Landscape Architect, 545 A Street Ashland, OR 97520 Devian Aguirre, 190 Clover Lane Ashland, OR 97520 DEPT. OF COMMUNITY DEVELOPMENT 20 E. Main Street Ashland. Oregon 97520 wwwashlandorus Tel 541-488-5305 Fax 541-552-2050 TTY 800-735-2900 , , . -.. ...'1 BEFORE THE PLANNING COMMISSION July 10. 2007 IN THE MAITER OF PLANNING ACTION #2007-00455, A REQUEST FOR A FINAL PLAN APPROVAL UNDER THE PERFORMANCE STANDARDS OPTIONS CHAPTER 18.88 FOR AN 18-UNIT SINGLE-FAMILY RESIDENTIAL SUBDIVISION FOR THE PROPERTY LOCATED AT 247 OTIS STREET. ) ) ) FINDINGS. ) CONCLUSIONS ) AND ORDERS ) ) ) APPLICANT: Sage Development. LLC RECIT ALS: I) Tax lot 400 of 39 IE 04BC is located at 247 Otis Street and is zoned R-I-5-P Single-Family Residential. 2) The applicant is requesting Final Plan approval for an 18-unit single-family residential subdivision under the Perfonnance Standards Options. Site improvements are outlined on the plans on file at the Department of Community Development. 3) The LTiteria for Final Plan approval under the Perfonnance Standards Options are desl.Tibed in Chapter 18.88 as folIows: Criteria for Final Plan Approval. Final plan approval shall be granted upon finding of substantial conformance with the outline plan. Nothing in this provision shall limit reduction in the number of dwelling units or increased open space provided that, if this is done for one phase, the number of dwelling units shall not be transferred to another phase, nor the open space reduced below that permitted in the outline plan. This substantial conformance provision is intended solely to facilitate the minor modifications from one planning step to another. Substantial conformance shall exist when comparison of the outline plan with the final plan shows that: a. The number of dwelling units vary no more than ten (10%) percent of those shown on the approved outline plan, but in no case shall the number of units exceed those permitted in the outline plan. b. The yard depths and distances between main buildings vary no more than ten (10%) percent of those shown on the approved outline plan, but in no case shall these distances be reduced below the minimum established within this Title. c. The open spaces vary no more than ten (10%) percent of that provided on the outline plan. PA #21111"'-00455 Jul} 10. 2007 Page I d. The building size does not exceed the building size shown on the outline plan by more than ten (10%) percent. e. The building elevations and exterior materials are in conformance with the purpose and intent of this Title and the approved outline plan. f. That the additional standards which resulted in the awarding of bonus points in the outline plan approval have been included in the final plan with substantial detail to ensure that the performance level committed to in the outline plan will be achieved. g. The development complies with the Street Standards. 4) The Planning Commission, following proper public notice, held a public hearing on July 10, 2007 at which time testimony was received and exhihits were presented. The Planning Commission approved the application subject to conditions pertaining to the appropriate development of the site. Now, therefore, The Planning Commission of the City of Ashland finds, concludes and recommends as follows: SECTION I. EXHIBITS For the purposes of reference to these Findings, the attal:hoo index of exhibits, data, and testimony will he 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. CONCLUSOR Y FINDINGS 2.1 The Planning Commission finds that it has received all infonnation necessary to make a decision based on the Staff Report, public hearing testimony and the exhibits received. 2.2 The Planning Commission finds that the proposal to develop an 18-unit single-family residential subdivision meets all applicable criteria for a Final Plan approval des<.:ribed in the Perfonnance Standards Options Chapter 18.88. 2.3 The Planning Commission finds that the Final Plan proposal is essentially the same as the approved Outline Plan. The number of dwelling units has not changed. The yard depths, distances between the main buildings and building envelopes are as shown on the approved PA #2007~1()4~5 July 10. ~I ~'7 Pag~ :! ~.' I ".... outline plan. The building elevations included in the Final Plan application are identical to those included in the approved Outline Plan application. The Final Plan application confinns that the project will use the Conservation Housing density bonus and therefore meet the program requirements. 2.4 The Planning Commission finds that the open space locations are consistent with the approved Outline Plan and have in<..Teased in size. The Final Plan project includes four open space areas. As approved in the Outline Plan, there is one large wetland open space on the western side of the site and one tree park open space in the northeast comer of the site. Two additional open space areas have been included in the Final Plan application in accordance with the Outline approval. One of the new open spaces includes the well that supplies the private swimming pool and includes a portion of one of the smaller, ditch-like wetlands. The area will be landscaped and include a water feature that is supplied by water from the well and associated spring (see L-I Planting Plan and L-Detail Detail Planting Plan.) The second new open space is to the west of the private swimming pool and includes a wetland. The wetland open space is identical in size and configuration to the approved Outline Plan application. The tree park open space will be identical in size and configuration to the approved Outline Plan application with the addition of condition 3 on page 6 of this report. In the Final Plan application, the size of the tree park open space is reduced by using the eastern portion of the open space area for a flag pole access for Lot 14. This access would be a legal access point, but functional access would be provided by a driveway easement from Drager St. The Lot 14 flag pole would be covered with a landscape easement and not used for vehicle access. Staff believes a better solution is to consolidate the functional and legal access in the same location by delineating the flag pole for Lot 14 in the driveway access from Drager St. This would allow the eastern portion of the tree park open space to physically remain in that open space lot. As a result, condition 3 is suggested which requires that Lot 14 include a flag pole in the proposed driveway location to Drager St. and that the proposed flag pole for Lot 14 to Randy St. be eliminated. As a result, the tree park open space will be the same size and configuration as in the approved Outline Plan application. The wetland delineation was approved by the Oregon Department of State Lands (DSL). The approval letter is dated January 12,2007 and is included in the packet. After the DSL approval of the wetland delineation, DSL approved the wetland mitigation plan with a removal-fill pennit was issued on February 23,2007. Consistent with the Outline Plan application, the delineation included four wetlands including one large wetland on the western portion of the parcel, a wetland to the west of the swimming pool building and two smaller ditch-like wetlands in the center of the property. DSL detennined the two ditch-like wetlands are "non-jurisdictional" and therefore the wetlands are not required to be preserved under state law. However, the Final Plan application is consistent with the Outline Plan approval in that it retains a portion of one of the ditch-like wetlands in the open space to the east of Lot 15. The wetland to the west of the swimming pool was expanded to include a long narrow area to the north of the pool. The long narrow area of the wetland is due to seepage from the swimming pool. A condition has been added requiring the protection in perpetuity of the long narrow portion of the wetland. PA #:!(l()7-0045~ July Ill. :!1107 Page 3 The application includes a water easement for the well and associated spring to address a condition of approval of the Outline Plan. The easement addresses the condition requirements including protection of the well and associated spring in perpetuity. the maintenance and enhancement of the well. Lot 18 and the homeowners association as beneficiaries of the easement and the prohibition of capping, degrading or destroying the well. The Ashland Legal Department has reviewed the easement, and a condition of approval has been added requiring the final document to be reviewed and approved by the Legal Department prior to recording the instrument. A condition of the Outline Plan approval required that the Final Plan application to address whether a pennit is needed to use the spring accessed by the well. The application addresses the issue with a memo which states that well using less than 15,000 gallons a day for uses such as a pool are exempt. and the subject well has a continuous flow of approximately 500 gallons a day. The approved Outline Plan identified 24 trees sized six inches diameter at breast height (dbh) on the subject property and in the adjacent street rights-of-way. The approved Outline Plan identifies twenty of the trees for preservation and seven trees for removal. The Final Plan identifies six of the trees for removal. Tree 14 on the Tree Inventory was originally identified for removal because it was located on a new lot with in a building envelope. However, the number oflots was reduced in the approved Outline Plan which resulted in the location of Tree 14 on Lot 18. Since no construction is proposed on Lot 18, Tree 14 will be preserved. Additionally, the project CC&R's requires protection of all trees identified for preservation in the approved Tree Inventory. 2.5 The proposed streets are consistent with the approved Outline Plan and the Street Standard requirements. The proposal is to provide access to the subdivision by constructing a new public street and alley. The street will run through the property and connect to Otis St. to the south and Randy St. to the north. The street will be built at the Neighborhood Street standard. On Otis St., the frontage of the property on Otis St. will be improved with a parkrow and sidewalk. On Randy St., the frontage of the property will be improved with a sidewalk. An Exception to the Street Standards was granted with the Outline Plan approval to eliminate the parkrow and install a curbside sidewalk due to the wetlands, trees and existing structures in and near the right-of-way. Additionally, the sidewalk on Randy St. will be installed off the site from the properties eastern boundary to the intersection with N. Laurel St. This connection will provide pedestrian access to Helman School and the Dog Park further to the north. Randy St. currently has sidewalks in place on the south side of the street from the east side of the intersection of Laurel St. to the Helman St. Helman St. has continuous sidewalks on the east side of the street that provides access to the Dog Park. The development's compliance with the Street Standards is also an approval criterion for the Outline Plan. The issue was discussed at length during the course of the Planning Commission and City Council meetings as it was an issue raised by an appellant. The street improvements in the Final Plan application are the same as in the approved Outline Plan P A 2006-00078. The applicant has agreed to sign in favor of a local improvement district for Laurel St. as required in PA #:!()(17.{)0455 July 11/. 2()(17 Page 4 condition 36 of the Outline Plan approval, and has submitted a determination of traffic impact of the development as required in condition 37 of the Outline Plan approval. SECTION 3. DECISION 3.1 8ased on the record of the Public Hearing on this matter. the Planning Commission concludes that the proposal to develop an 18-unit single-family residential subdivision for the property located at 247 Otis Street is supported by evidence contained within the record. Therefore. based on our overall conclusions, and upon the proposal being subject to each of the following conditions, we approve Planning Action #2007-00455. Further. if anyone or more of the conditions below are found to be invalid, tar any reason whatsoever, then Planning Action #2007-00455 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 modi fied below. 2. That all conditions of the Outline Plan approval (P A2006-00078) shall remain in effect. 3. That Lot 14 shall be reconfigured on the final survey plat to include a flag pole connection to Drager St. in the location of the driveway access. The proposed flag pole for Lot 14 connecting to Randy St. shall be eliminated and the area shall be incorporated into the tree park open space (Common Property 8 on the Preliminary Plat). The shared drive portion of the driveway serving Lots 13 and 14 is by definition a flag drive and shall be 20 feet in width clear space and the driveway paved to 15 feet in width until the point where the driveway branches into two separate driveways in accordance with 18.08.195 and 18.76.060.8. The individual driveways to Lots 13 and 14 shall be 15 feet in clear width and 12 feet in paved with in accordance with 18.08.195 and 18.76.060.8. 4. That the long narrow portion of the wetland north of the enclosed swimming pool shaH be preserved and protected in perpetuity by a conservation easement, by common area or some similar instrument. The final instrument shall be submitted for review and approval of the Ashland Planning and Legal departments prior to signature of the final survey plat. 5. That all easements for sewer, water, electric and streets shaH be indicated on the tinal survey plat as required by the City of Ashland. A public pedestrian and bicycle easement shall be indicated on the tinal survey plat for the multi-use path adjacent to the wetland open space and for the multi-use path linking Drager St. to Randy St. The alley shall be a public alley. 6. That the water easement for the well and the associated spring located in Common Space E as identified in the Preliminary Plat shall be submitted for review and approval of the Ashland Legal Department prior to signature of the final survey plat. 7. That final copy of the CC&R's for the homeowners association shall be provided with the final survey plat. CC&R's shall be revised to describe responsibility of the homeowners association for PA #20m-O()4~~ July Ill. 2()()7 Page 5 the maintenance of all parkrows and street trees in the public rights-of-way. The wetland maintt.-nance schedule shall be revised to include the wetlands in common areas D and E. The CC&R's shall be submitted for review and approval of the Ashland Legal Department prior to signature of the final survey plat. 8. Applicant shall execute a document as consistent with ALUO 18.68.150 agreeing to participate in their fair share costs associated with a future Local Improvt.'111ent District for improvements to Laurel St. and to not remonstrate against such District prior to signature of the final survey plat. Nothing in this condition is intended to prohibit an 0\\ nerdeveloper, their successors or assigns from exercising their rights to freedom of speech and expression by orally objecting or participating in the LID hearing or to take advantage of any protection afforded any party by City ordinances and resolutions. 9. That the utility plan for the project shall be submitted for review and approval of the Ashland Engineering Division prior to signature of the tinal survey plat. The utility plan shall include the location of connections to all public facilities in and adjacent to the development, including the locations of water lines and meter sizes, fire hydrants, sewer mains and services, manholes and clean-outs, storm drainage pipes and catch basins. The rerouted sanitary sewer and storm drain lines that are being relocated to the new street shall be the same size or larger than the current lines running through the site as required by the Ashland Engineering Division. Any required private or public utility easements shall be delineated on the utility plan. 10. That the existing sewer and storm drain easements running through the site shall be vacated after the signature of the final survey plat and prior to the issuance of any building permits. II. That the requirements of the Ashland Fire Department including fire apparatus access, hydrant spacing and hydrant flow requirements shall be included in the utility plan prior to the signature of the final survey plat. 12. That the storm drainage plan including but not limited to the design of all required on-site stonn water detention systems shall be submitted for review and approval of the Ashland Planning and Engineering Divisions prior to signature of the tinal survey plat. The permanent maintenance of on- site storm water detention systems must be addressed through the obligations of the homeowners' association and approved by the Public Works Department and Building Division. Any changes to the street and sidewalk configuration, lot contigurations and open space areas resulting from the required storm water detention systems .;hall be processed as a modification of this approval. 13. That the Electric Distribution System Plan shall be reviewed and approved by the Ashland Electric Department prior to signature of the final survey plat. The plan shall include load calculations and the location of all primary and secondary services including transformers, cabinets, street lights and all other necessary equipment. 14. The preliminary engineering for proposed street improvements shall be submitted for review and approval of the Ashland Engineering Division prior to signature of the final survey plat. Street improvements shall be consistent with the approved Outline Plan. The offsite sidewalk PA "~IHI~ -1)()4'5 Jul~ 10. 201/7 Palle h improvements on Randy St. connecting the site to Laurel St. shall include a wheelchair ramp at the comer. The east and west ends of the sidewalk improvements on Otis St. shall match or be close to the ground level for pedestrian safety and so that the sidewalk can be extended to Elizabeth Ave. and Laurel St. in the future. Accordingly, if necessary, the Otis St. sidewalk shall transition to a curb side sidewalk to provide for future sidewalk extensions in both directions on Otis St. Wheelchair ramps shall be provided on both ends of the off-street multi-use paths adjacent to the western wetland open space and through the tree park open space. 15. That the mulit-use path connecting Drager St. to Randy St shall be eight feet in width and paved with concrete, asphalt or a comparable all-weather surfacing. Fencing shall be a minimum of three from the improved edges of the path to provide clear distance on both sides of the path for safe operation. The clear distance areas shall be graded to the same slope as the improved path to allow recovery room for pedestrians and bicyclists. The clear distance areas shall be limited to landscape materials, and vegetation in excess of 12 inches in height shall not be placed in the clear distance areas. 16. Subdivision infrastructure improvements, including but not limited to utilities, public streets, street trees and irrigation and open space landscaping and irrigation shall be installed or a bond posted for the full cost of construction prior to signature of the final survey plat. If a bond is posted for common area and open space improvements, the common area and open space improvements including but not limited to landscaping, irrigation and pathway improvements shall be installed in accordance with the approved plan prior to the issuance of the ninth building permit (halfway through the building permits for single-family homes). The project landscape architect shall inspect the common area and open space improvements for conformance with the approved plan, and shall submit a final report on the inspection and items addressed to the Ashland Planning Division. The applicant shall schedule a final inspection including the project landscape architect with the Ashland Planning Division of the common areas and open spaces prior to issuance of the ninth building permi t. 17. That a Verification Permit in accordance with 18.61.042.8 shall be applied for and approved by the Ashland Planning Division prior to site work, storage of materials and/or the issuance of an excavation or building permit. The Veri fication Permit is for the removal of approved trees and the installation of the tree protection fencing. The tree protection for the trees to be preserved shall be installed according to the approved Tree Protection Plan prior to site work or storage of materials. Tree protection fencing shall be chain link fencing a minimum of six feet tall and installed in accordance with 18.61.200.8. 18. The setback requirements of 18.88.070 shall be met and identified on the building permit submittals including but not limited to the required width between buildings as described in 18.88.070.D. 19. That vision clearance areas at the intersections of streets and alleys throughout the project in accordance with 18.92.070.D shall be delineated on the building permit submittals for lots located at intersections (i.e. Lots 5,6, 10, II, 16 and 17). Structures, signs and vegetation in excess of two and one-half feet in height shall not be placed in the vision clearance areas. PA jj~(MI;-1l1l4'i'i July Ifl, ~fllli Page 7 20. That all new structures shall meet Solar Setback A in accordance with Chapter 18.70 of the Ashland Land L:se Ordinance. Solar setback calculations shall be submitted with each building permit and include the required setback with the formula calculations and an elevation or cross-section clearly identifying the height of the solar producing point from natural grade. 21. Individual lot coverage calculations including all impervious surfaces shall be submitted with the building permits and shall be in accordance with the approved maximum lot coverage calculations (sheet P-2, Lot Coverage). Pervious driveway and parking areas shall be counted as impervious surfaces for the purpose of lot coverage calculations. 12. That all homes shall qualify in the Ashland Earth Advantage program in accordance with 1 g.88.040.B.3.a. The applicant shall meet with the Ashland Conservation Division regarding eligible site activities prior to issuance of an excavation permit. The required Earth Advantage documentation shall be submitted with each building permit application. 23. Fence heights within side and rear yard areas adjoining a public right-of-way or open space shall not exceed four feet in height. \' '\ ~ ..~ ~ .\. I' to.. r'~'~ \)<1 '-.--' ~\J \\...'"),:_"'( *Ianning Commission APprovar , J 1 (1("/0'7 Date P A 1I~IIO;()C)4~, Jut) Ill. 200; Page K ".,,"~ "'6 r.. Planning Department. 51 Winburn Way, Ashland, Oregon 97520 541-488-5305 Fax: 541-552-2050 wwwashlandor.US TTY: 1-800-735-2900 CITY OF ASHLAND PLANNING ACTION: #2007-00455 SUBJECT PROPERTY: 247 Otis Street OWNER/APPLICANT: Sage Development DESCRIPTION: A request for Final Plan approval under the Performance Standards Options Chapter 18.88 for an 18-unit residential subdivision, including one lot containing the existing home and swimming pool structure on the site, for the property located at 247 Otis St. The application was preliminarily approved by city staff on May 24,2007. Prior to the administrative approval being finalized, a public hearing was requested on June 4, 2007. COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential; ZONING: R-1-5P; ASSESSOR'S MAP #: 391E 04BC; TAX LOT: 400 ;::~u~! pfnq NOTE: The Ashland Tree Commission will also review this Planning Action on July S, 2007 at 7:00 p.m. in the Community Development and Engineering Services building (Siskiyou Room) located at 51 Winburn Way. ASHLAND PLANNING COMMISSION MEETING: July fa. 200r 7.00 PM, Ashland Civic Center 1-----)-- , I I . ----~ I L_-LiJ1... rl-~-i-+=I==i I L ... I., I -.L :7.~;:-:;-11 -_..1 -_L . : I SUBJECT PROPERTY -'- '--- r >( I t--~~I_L I r----- ~- ....1-----1 li--l!.... rr.~.-- ~~ I ...I ------_L_ - -.01 u.i ,,___---- --1 at i ~--,-- OTIS BL_ --- --1m ~----------- I II ~ I I Y r - ~-- -- I r-~~-i :s~f--!--L ~---- J r--- --/:"'-_--_-=_-_-./1 I'----"I-L-- N I- I j t- I ! I I ,- - / ~I_ -A,---l------I zl --/- . _ I i -'- ----_ ___ _ . I I .~- ( I L-m____ i ' I--+--~~---~ -----l j r~-~:! L-___J I . I r u__ -___.--..:.c_______.__ '---------------. 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 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 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. 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. In compliance with the American 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). G.'comm-dev'plannmgNottces MaIled 20072007-00455 7- 10-07,doc FINAL PLAN APPROVAL 18.88.03085 Criteria for Final Approval Final plan approval shall be granted upon finding of substantial conformance with the outline plan. Nothing in this provision shall limit reduction in the number of dwelling units or increased open space provided that, if this is done for one phase, the number of dwelling units shall not be transferred to another phase nor the open space reduced below that permitted in the outline plan. This substantial conformance provision is intended solely to facilitate the minor modifications from one planning step to another. Substantial conformance shall exist when comparison of the outline plan with the final plan shows that: a. The number of dwelling units vary no more than ten (10%) percent of those shown on the approved outline plan, but in no case shall the number of units exceed those permitted in the outline plan. b. The yard depths and distances between main buildings vary no more than ten (10%) percent of those shown on the approved outline plan, but in no case shall these distances be reduced below the minimum established within this Title. c. The open spaces vary no more than ten (10%) percent of that provided on the outline plan. d. The building size does not exceed the building size shown on the outline plan by more than ten (10%) percent. e. The building elevations and exterior materials are in conformance with the purpose and intent of this Title and the approved outline plan. f. That the additional standards which resulted in the awarding of bonus points in the outline plan approval have been included in the final plan with substantial detail to ensure that the performance level committed to in the outline plan will be achieved. g. The development complies with the Street Standards. (Ord 2836, 53 1999) o "I. " . I G: comm-devplanning'Notices Mailed 2007'2007-00455 7-10-07 ,doc r 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 June 25. 2007, 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 # 2007..00455.247 Otis. &O~ Signature of Employee SIGNED AND SWORN TO before me this J?tJtj day Of.H-. 2007. &':;-:!..~::2~:~~S,~'~~:::;,,:.~&-:., _OFFICIAL S'EAL .~~. :, CAROL YNSCHWEhDENER .... ~ NOTARY PiJHLlC-OREGON '" ~OMMISSI' )'.' '-I( 390825 MY CO~~!::>e,~:'~I~; .:~jl"~O, 2009 G:lcomm-devlplanningIForms & HandoutslAFFIDAVIT OF MAIlING,doc PA-2007-00455 391 E04BC 1103 ALSING ALLEN A TRUSTEE ET AL 970 WALKER AVE ASHLAND OR 97520 PA-2007-00455 391E04BC 134 ARMITAGE S E JR/DEBRA A K 205 RANDY ASHLAND OR 97520 PA-2007-00455 391E04BC 1213 BLISS TODD W PO BOX 1608 MONTEREY CA 93942 PA-2007-00455 391E04BC 400 CHAMBERS SYLVIA S 2225 H ST EUREKA CA 95501 PA-2007-00455 391E05AD 508 COCHRAN JOSEPH F/BARBARA A 495 WILLOW ST ASHLAND OR 97520 PA-2007-00455 391E05AD 513 DENNETT MARK/MARTHA 1257 SISKIYOU BLVD PMB #136 ASHLAND OR 97520 PA-2007-00455 391E04BC 503 FELGER CAROLEE I TRSTEE FBO 200 TOLMAN CREEK RD ASHLAND OR 97520 PA-2007-00455 391 E05AD 162 HILL LINDA MARLENE 1124 DONALDO CT SOUTH PASADENA CA 91030 PA-2007-00455 391 E05AD 164 JENSEN STEVE/CAROL 355 OTIS ST ASHLAND OR 97520 PA-2007-00455 391E05AD 169 KLINE RICHARD NKLINE DALE A 400 W HERSEY ST 2 ASHLAND OR 97520 PA-2007-00455 391E04BC 133 AMAROTICO EMILE J/KAREN 195 RANDY ST ASHLAND OR 97520 PA-2007-00455 391E05AD 145 BISACCIA LANCE E POBOX 579 ASHLAND OR 97520 PA-2007-00455 391E05AD 144 BOUSE ANN M 290 CAMBRIDGE ST ASHLAND OR 97520 PA-2007-00455 391E04BC 1003 CLOVER DAVE TRUSTEE 540 LAUREL ST ASHLAND OR 97520 PA-2007-00455 391E05AD 142 COPELAND SANDRA LEE 266 CAMBRIDGE ASHLAND OR 97520 PA-2007-00455 391E05AD 137 ETTERS TERRY R/DEBORAH A PO BOX 954 KLAMATH FALLS OR 97601 P A-2007 -00455 391 E05AD 168 FLYNN KEVIN/ROXANNE 605 ELIZABETH AVE ASHLAND OR 97520 PA-2007-00455 391E05AD 501 HOLT REBECCA L. 300 OTIS ST ASHLAND OR 97520 PA-2007-00455 391E05AD 157 JOHNSON DOUGLAS C/E M MICKE 254 CAMBRIDGE ST ASHLAND OR 97520 PA-2007-00455 391E05AD 143 KNUDSEN SANDRA L 276 CAMBRIDGE ST ASHLAND OR 97520 P A-2007-00455 391 E05AD 136 APPLEBERRY LIlA 704 WILLOW ST ASHLAND OR 97520 P A-2007 -00455 391 E05AD 139 BLACK ROBERT HENRY TRUSTEE ET AL 744 PALMER RD ASHLAND OR 97520 PA-2007-00455 391 E05AD 159 CHAMBERS CHRISTOPHER LISA TUREN LEAH J 590 ELIZABETH ST ASHLAND OR 97520 PA 2097 90455 391E948C 1004 CLOVER D/'.'lE TRUSTEE 540 ~I L:\UREL 8T ,".SHL".:ND OR 97520 PA-2007-00455 391E04BC 132 DANNER BRYANT C TRUSTEE 821 BERKSHIRE FLINTRIDGE CA 91011 P A-2007 -00455 391 E04BC 131 FARRELL PATRICIA L 709 N LAUREL ST ASHLAND OR 97520 PA-2007-00455 391 E04BC 136 HAMER BERNARD W 196 CAMBRIDGE ST ASHLAND OR 97520 PA-2007-00455 391E05AD 500 JAFFE ROBERTA 344 OTIS ST ASHLAND OR 97520 PA-2007-00455 391E05AD 160 KALB JOHN M/SHARI L 580 ELIZABETH ST ASHLAND OR 97520 PA-2007-00455 391E05AD 503 LANG JUDITH M 320 OTIS ST ASHLAND OR 97520 PA-2007-00455 391E04BC 135 LEIGHTON J/JENNINGS BRUCE 206 CAMBRIDGE ST ASHLAND OR 97520 P A-2007-00455 391 E05AD 158 MACDONELL DOUGLAS M/SUE M 150 HIGH ST ASHLAND OR 97520 PA-2007-00455 391E04BC 501 MYERS WILLIAM B/MARIE E 1711 VIEW PL MEDFORD OR 97504 PA-2007-00455 391E05AD 161 PALOMA P MARIE 570 ELIZABETH AVE ASHLAND OR 97520 PA-2007-00455 391E05AD 504 RING ERIC ET AL 481 WILLOW ST ASHLAND OR 97520 PA-2007-00455 391E04BC 1212 SCHACHTER STEFAN J PO BOX 1192 ASHLAND OR 97520 PA-2007-00455 391E05AD 166 STAVENHAGENJANETL PO BOX 785 MONTEBELLO CA 90640 PA-2007-00455 391E04BC 1100 T AYLOR ANNE C 492 WILLOW ST ASHLAND OR 97520 PA-2007-00455 391E05AD 141 WOOD WANDA JO TRUSTEE FBO 275 RANDY ST ASHLAND OR 97520 P A-2007-00455 SAGE DEVELOPMENT LLC 2305 ASHLAND ST #C446 ASHLAND, OR 97520 PA-2007-00455 391E05AD 506 LIND LAUREN 332 OTIS ST ASHLAND OR 97520 PA-2007-00455 391E05AD 138 MCKENZIE MICHAEL TRUSTEE ET AL 6597 CANE LN VALLEY SPRINGS CA 95252 P A-2007 -00455 391 E05AD 171 OPGENORTH JOHN/MARY LINDON 575 ELIZABETH AVE ASHLAND OR 97520 PA-2007-00455 391E05AD 140 PATTON CLAY/LAURIE 265 RANDY ST ASHLAND OR 97520 PA-2007-00455 391E04BC 100 ROBERTSON BRUCE R/ROBIN 707 HELMAN ST ASHLAND OR 97520 PA-2007-00455 391E04BC 600 SCHOOL DISTRICT 5 885 SISKIYOU BLVD ASHLAND OR 97520 PA-2007-00455 391E05AD 507 STOUT CARLYLE III TRSTE FBO 356 OTIS ST ASHLAND OR 97520 PA-2007-00455 391E05AD 165 TIERNEY CARYN L ET AL 295 RANDY ST ASHLAND OR 97520 PA-2007-00455 391E04BC 504 WREN JOHN B JR ET AL 2261 SISKIYOU BLVD ASHLAND OR 97520 P A-2007-00455 THORNTON ENGINEERING JAMES PETERSON 1236 DISK DRIVE #1 MEDFORD, OR 97502 ;.1 P A-2007 -00455 391 E05AD 170 MAAG MICHAEL KlGWENEVERE L TUROS 585 ELIZABETH ST ASHLAND OR 97520 PA-2007-00455 391E05AD 511 MEST ALAN D TRUSTEE ET AL 2009 VOORHEES AVE RI:DONDO BEACH CA 90278 P A-2007 -00455 391 E04BC 1205 ORREAL LLC 7-15 162ND ST 12-8A NEW YORK NY 11357 P A-2007 -00455 391 E05AD 117 PERRY SARAH J MAGEE/ANTlONE 705 WILLOW ST ASHLAND OR 97520 PA-2007-00455 391E04BC 1102 ROBERTSON DENNIS TRSTEE FBO 531 N LAUREL ST ASHLAND OR 97520 PA-2007-00455 391E04BC 1204 SESSIONS ALICE E TRSTEE FBO 523 N LAUREL ASHLAND OR 97520 PA-2007-00455 391E05AD 100 STRATTON JOHN D TRUSTEE ET AL POBOX214 JACKSONVILLE OR 97530 PA-2007-00455 391E04BC 1104 WERFEL CATHERINE L 210 OTIS ST ASHLAND OR 97520 PA-2007-00455 391E05AD 167 WYNN BETTY TALBOT TRSTE FBO 315 RANDY ST ASHLAND OR 97520 P A-2007-00455 POLARIS LAND SURVEYING SHAWN KAMPMANN P.O. BOX 459 ASHLAND, OR 97520 P A-2007-00455 KENCAIRN SAGER LAND ARCH 545 "A" STREET ASHLAND, OR 97520 P A-2007-00455 UPPER LIMB-IT P.O. BOX 881 ASHLAND, OR 97520 P A-2007 -00455 ART BULLOCK 791 GLENDOWER ASHLAND, OR 97520 P A-2007 -00455 N.W. BIOLOGICAL P.O. BOX 671 ASHLAND, OR 97520 ",. ATTN: LEGAL PUBLICATIONS (ANDREA) PUBLIC HEARING NOTICE ) 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 Planning Commission, July 10, 2007 at 7:00 p.m. at the Civic Center, 1175 East Main Street, Ashland, OR. At such Public Hearing any person is entitled to be heard. A request for Preliminary Plat approval for a nine-lot subdivision for the property located at 840 Faith A venue. A request for Final Plan approval under the Performance Standards Options Chapter 18.88 for an 18-unit residential subdivision, including one lot containing the existing home and swimming pool structure on the site, for the property located at 247 Otis St. The application was preliminarily approved by city staff on May 24, 2007. Prior to the administrative approval being finalized, a public hearing was requested on June 4, 2007. A request for an Annexation, and Comprehensive Plan and Zoning Map change from Jackson County zoning RR-5 (Rural Residential) to City of Ashland zoning R-1-3.5 (Suburban Residential) and R-1 (Single- Family Residential) for an 11.64-acre site comprised of five parcels located at 87 W. Nevada St. and 811 Helman St. (Ashland Greenhouses). The Ashland Comprehensive Plan Map identifies the site for Single- Family Residential development (R-1 zoning). As a result, the proposal includes a Comprehensive Plan Map Change for approximately 42% of the site to modify the Single-Family Residential designation to the Suburban Residential (R-1-3.5 zoning) designation. The proposal requires Outline Plan approval to develop the property as a 68-unit residential development under the Performance Standards Options Chapter 18.88. A Physical Constraints Review Permit is requested to locate a multi-use path in the Ashland Creek Riparian Preservation Area. A Tree Removal Permit is requested to remove a 36-inch diameter at breast height Oak tree. Exceptions to the Street Standards are requested to install curbside sidewalks on both sides of one of the proposed streets (Sander Way), for not locating a street adjacent to natural features being Ashland Creek and to use a private drive to access the 24 cottages rather than the required public street. The application includes a land exchange with the City of Ashland. The proposal is to dedicate 2.42 acres adjacent of the Ashland Creek Riparian Area to the City for parks purposes in exchange for 1.37 acres of the Dog Park in the area of the access and to the south of the existing parking area. Review Process: The first hearing on July 10, 2007 at the Planning Commission will be an evidentiary hearing in which the application proposal will be described and public testimony will be taken concerning the facts involved in the application. On August 14,2007, the application will be continued to a public hearing of the Planning Commission in which the evaluation of the project according to the applicable criteria will be presented by staff, public testimony will be taken on the merits of the proposal, and the Planning Commission will deliberate and make a decision on the application in the areas in which they are the final approval body. The decision of the Planning Commission is final for the comprehensive plan and zoning map changes, the outline plan, physical and environmental constraints and tree removal, unless amended by the Development Agreement or annexation approval process by the City Council or by appeal of the Planning Commission decision to the City Council. The Planning Commission will also forward recommendations to the City Council regarding the annexation, development agreement and land exchange. 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). By order of the Planning Manager Bill Molnar Publish: 6/30/2007 Date e-mailed: 6/21/2007 Purchase Order: 72129 f"~ ';' ") ATTN: LEGAL PUBLICATIONS (ANDREA) PUBLIC HEARING NOTICE 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 Tree Commission on July 5, 2007 at 7:00 p.m. at the office of Community Development and Engineering Services (Siskiyou Room) located at 51 Winburn Way, Ashland, OR. At such Pubic Hearing any person is entitled to be heard. A request for a Physical & Environmental Constraints Review Permit for the construction of a single-family home and driveway on Hillside and Severe Constraints Lands. The application also includes a request for a Type 1/ Variance to exceed allowed lot coverage by731 square feet due to an existing shared driveway and a request for a Variance to the Solar Setback requirement at 205 Skycrest. A request for Final Plan approval under the Performance Standards Options Chapter 18.88 for an 18-unit residential subdivision, including one lot containing the existing home and swimming pool structure on the site, for the property located at 247 Otis St. The application was preliminarily approved by city staff on May 24, 2007. Prior to the administrative approval being finalized, a public hearing was requested on June 4, 2007. A request for Preliminary Plat approval for a nine-lot subdivision for the property located at 840 Faith A venue. A request for an Annexation, and Comprehensive Plan and Zoning Map change from Jackson County zoning RR-5 (Rural Residential) to City of Ashland zoning R-1-3.5 (Suburban Residential) and R-1 (Single- Family Residential) for an 11.64-acre site comprised of five parcels located at 87 W. Nevada St. and 811 Helman St. (Ashland Greenhouses). The Ashland Comprehensive Plan Map identifies the site for Single- Family Residential development (R-1 zoning). As a result, the proposal includes a Comprehensive Plan Map Change for approximately 42% of the site to modify the Single-Family Residential designation to the Suburban Residential (R-1-3.5 zoning) designation. The proposal requires Outline Plan approval to develop the property as a 68-unit residential development under the Performance Standards Options Chapter 18.88. A Physical Constraints Review Permit is requested to locate a multi-use path in the Ashland Creek Riparian Preservation Area. A Tree Removal Permit is requested to remove a 36-inch diameter at breast height Oak tree. Exceptions to the Street Standards are requested to install curbside sidewalks on both sides of one of the proposed streets (Sander Way), for not locating a street adjacent to natural features being Ashland Creek and to use a private drive to access the 24 cottages rather than the required public street. The application includes a land exchange with the City of Ashland. The proposal is to dedicate 2.42 acres adjacent of the Ashland Creek Riparian Area to the City for parks purposes in exchange for 1.37 acres of the Dog Park in the area of the access and to the south of the existing parking area. 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) 4886002 (TTY phone number 1-800-735-2900). Notification 72 hours pnor 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). By order of the Planning Manager Bill Molnar Publish: 6/23/2007 Date e-mailed: 6/21/2007 Purchase Order: 72129 ,,' CITY OF ASHLAND ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES JULY 10,2007 , ,\ ~;-.~ r.' 1"-' -- .v ~ ...."'.~ CALL TO ORDER - Chair John Stromberg called the meeting to order at 7:00 p.m. at the Ashland Civic Center, 1175 E. Main Street, Ashland, OR. Commissioners Present: John Fields, Chair Michael Dawkins Dave Dotterrer Tom Dimitre John Stromberg Mike Morris Melanie Mindlin Olena Black Pam Marsh Council Liaison: Cate Hartzell, Council Liaison, absent Staff Present: David Stalheim, Community Development Director Maria Harris, Senior Planner Derek Severson, Associate Planner Sue Yates, Executive Secretary ANNOUNCEMENTS - There will be a special meeting of the Planning Commission on July 31 Sl at 7 :00 p.m. at the Council Chambers to begin discussing the Land Use Ordinance revisions and the Siegel amendments. This will be just the first of several opportunities for the public to comment. Stromberg said, as an experiment, he will be sending a consent agenda to the Commissioners about a week in advance of the regular meeting so the Commissioners will have an opportunity to either add or take things off the consent agenda. For example, if there are no changes to the minutes, they could be left on the consent agenda and everything on the consent agenda can be passed at one time. Stromberg said he will be trying at tonight's meeting to hold all the speakers to the applicable criteria. He asked the Commissioners to intervene if he starts to get too rigorous with it. APPROVAL OF AGENDA - Voice Vote: Everyone favored the agenda as it stands. APPROVAL OF MINUTES Marsh/Dotterrer m/s to approve the minutes of the May 29,2007 Planning Commission Study Session. Voice Vote: Approved. Dotterrer/Marsh m/s to approve the June 2, 2007 Planning Commission Retreat minutes. Voice Vote: Approved. Dotterrer/Dawkins m/s to approve the minutes of the June 12,2007 Hearings Board meeting. Voice Vote: Approved. Dotterrer/Morris m/s to approve the minutes of the June 12,2007 Planning Commission meeting. Voice Vote: Approved with Black and Marsh abstaining. Dimitre/Marsh m/s to approve the minutes of the June 26, 2007 Planning Commission Study Session. Voice Vote: Approved. PUBLIC FORUM - No one came forth to speak. TYPE II PUBLIC HEARINGS PLANNING ACTION: PA2007.00455 SUBJECT PROPERTY: 247 Otis Strltt OWNER/APPLICANT: Sage Development LLC DESCRIPTION: A request for Final Plan approval under the Performance Standards Options Chapter 18.88 for an 18-unlt residential subdivision, Including one lot containing the existing home and swimming pool structure on the site, for the property located at 247 OtIs Street. The application was preliminarily approved by city staff on May 24, 2007. Prior to the administrative approval being finalized, a public hearing was requested on June 4,2007. Ex Parte ContactslBlaslConfllct of Interest - Dawkins had a site visit. Black had a site visit. She did not feel she could judge this action objectively and chose to step down and left the room. No other Commissioners had additional site visits. ,,~ STAFF REPORT Harris explained the approval criteria for Final Plan u referenced in the Staff Report. Final Plan was admini-ntively approved on May 24,2007 and a request for public hcarina was received on June 4*,2007. Since Outline Plan, the only changes have been to the open spaces that are in direct response to the Conditions of approval attached to Outline Plan. There were two open spaces and there are now four in Final Plan. Condition 3 bas been added rcconfiguring Lot 14 to include a flag pole connection to the new street in the subdivision, eliminating the driveway access and eliminating the flag pole connecting to Randy. Final Plan identifies six trees for removal. The easement for the water was a requirement for Outline Plan and the applicants have provided language for it. Also, the Division of State Lands (DSL) approved the wetland delineation as reflected in the Final Plan. Harris banded out suggested changes to Conditions 14 and 15. Staff'is suggesting deleting the last sentence of Condition 14 and it will say "Wheelchair ramps sball be provided on both ends of the off-street multi-use path adjacent to the wetland open space and through the tree park open space." Condition 15 requires the path through the treed open space be paved and eight feet in width. The standard for a multi-use path is six to ten feet and is required to be paved. Besides the requirement, in the findings for Outline Plan, the path through the open space was found to be an important transportation connection so that people can get from the middle of the subdivision on the south side of the subdivision to the comer, out to the Randy Street sidewalk. The Findings state specifically "pedestrians and bicyclist." Paths need to be designed for all kinds of users. Dimitre understood we wanted a letter from the Oregon Water Resources Department about the permit. Is a letter from the applicant adequate verification that no permit is required? PUBLIC HEARING Devian Aguirre, Sage Development, 190 Clover Lane, introduced Kerry KenCaim, landscape designer and Mike Thornton, civil engineer. Aguirre said they have met the Conditions of approval for Outline Plan. They have succeeded in being approved by the State for the wetlands review. She said she would prefer using a permeable surface on the path between the newly fonned Drager and Randy. She would like to make it handicap accessible, but permeable. With regard to water rights, there is information from Harold Center, a certified Water Rights Examiner. KenCaim contacted the Water Muter and found there is no requirement for a water right for the stated use. Dimitre asked the applicant about Condition 37. Aguirre said they do not have a problem with the LID. KenCaim said DSL reviewed their delineation of the wetlands and ended up adding a finger of wetland and decided two of the wetlands they mitigated for are not wetlands. The mitigation requirement is 150 percent and they are way over that percentage. KenCaim said they would prefer to use a more natural path, but because the path will be a major transportation route through a subdivision they are willing to agree to a paved surface. CYNDI DION, 897 HIlIvIIW Drive, addressed four items. o Stonn Drain Detention: She understands the City is probably going to suggest they have an oversized stonn drain detention system to potentially cool the very warm water that is coming out of the spring box. She is not happy that this bas to be heavily engineered. She would rather have it openly ponded than undergrounded and under the street How much estimated water will be detained before going down Glendower? o Multi-Use Path: She is hoping the Planning Commission will consider a pervious surface. The trees are large maples that require a lot of water. She would like to see the path six feet wide. o She thanlcNl Staff'for recommending Lot 14 to access otfDrager. lIJA APPLEBERRY, 704 Willow Street, agreed with almost all of what Dion bas said. She believes they have dealt with the water and spring in a respectful manner and is optimistic that the plan will work. ART BULLOCK, 791 Glendower, in addressing the criteria noted what he believes to be the remaining issues: o The major access streets have not been identified and there has not been a commitment or requirement as required by code that the streets be improved to City Standards. o He does not believe the non-remonstraDce agreement satisfies the law with regard to the Laurel Street LID. As soon as the project is approved, the applicant can change her mind, void the non-remonstrance agreement, and not participate in the LID. ASHLAND PlANNIfGC~ REGULAR IIEETWG _UTES JULY 10, 2007 2 ~q a The Tree Commission has not considered this application due to their meeting cancellation and lack of quorum. He wanted them to review 1) impervious surfaces vs. pervious surfaces under the maple trees near the path, and 2) the driveway from Randy Street to Lot 14. a He believes the water feature uses water, yet the easement document does not satisfy the requirement that the water be protected for the homeowner's association. There is no guarantee the water feature will get any water at all. a There is no document in the file showing the pool must be protected in perpetuity as per DSL. Instead, the Condition says to do it later and let the Legal Dept. approve it. That robs the public any opportunity to object at a public hearing. a The Water Master's letter and details are not adequate to satisfy the Condition. They need a decision from the Water Master on the rights related to this property. a There are still too many unknowns concerning the storm drain detention. He is especially concerned with the heat of the water and the amount of water. Rebuttal - Aguirre said it is noted in the packet that the water temperature has been tested and is from 80 to 81 degrees. The storm water detention issues are technical in nature and she is not qualified to deal with it. That has been left to their civil engineer and the City's Utility Department. KenCairn said they can use pervious paving (pervious concrete, asphalt or other) in the tree protection zones. She explained that the water that is going to be in the street, underground and detained is just the water off the streets, not any of the wetland or spring water. She said the water coming out of the ground on this property and going into a swimming pool does not require a permit. KenCairn explained that the surveyor attempted to create a legal way to create Lot 14 and give it public street presence. Thornton said they are happy to follow the Condition regarding storm water detention. Aguirre added that she has not had an experience in breaking a commitment after signing a LID. It is not her decision to improve Laurel. KenCairn thought the Condition regarding the mutli-use path should be amended to read "That paving within the tree protection zone shall be pervious paving." It is Aguirre's understanding that the well is more than capable of supplying adequate water flow to supply the pool and the water feature. As long as the water flows, it will go one-half to the homeowner's association and one-half to Lot 18. Stromberg closed the public hearing and the record. Staff Response by Staff and Legal Counsel Harris said the CC&R' s state the fencing has to be no greater than four feet in height on all the common areas. The Condition will allow some latitude the way it is written regarding the path and is acceptable because there is a clause "all weather comparable surfaces." Richard Appicello, Assistant City Attorney, addressed the compliance with Street Standards and referred to Page 10 of the Council Findings of Fact, Conclusions of Law and Order dated January 2,2007. He said Page 11 of the Findings addresses the Laurel Street LID. The delegation of the easement was also raised before the Council and is addressed on Page 12 of the Findings. Stalheim said the Tree Commission is an advisory body and is not required to review plans. Appicello said the letter from the engineer concerning water rights, provided by the applicant, is acceptable. With regard to Condition 37, the language came from Page 10 and 11 from the Council Findings. Stromberg asked about the assertion that we don't know if the storm drain detention will sufficiently cool the water. Harris responded this is an Outline Plan criteria - there is adequate capacity of all the public facilities, including storm drains. She knows that Engineering and the applicant are working on a detention system and they are aware of the concerns. Stalheim said because the path is a public easement, the applicants need to comply with Americans with Disabilities (ADA). ASHLAND PlANNING COMMISSION REGULAR MEETING MINUTES JULY 10, 2007 3 'tJr it.,..' ",,,J COMMISSIONERS' DISCUSSION AND MOTION Fields/Dotterrer mls approve Final Plln for PA2007.00455 with the amended Conditions 14 and 15 by Staff II follows: "Wheelchair ramps shall be provided on both endl of the off.street multl.use path adjacent to the wetllnd open Spice and through the t.... park open space." There will be pervloul path areas around drlplines and protected trees. Dimitre amended the motion that evidence be presented from the Oregon Water Resources Department that a permit is not required. And, if a permit is required, the applicants are required to obtain a permit. The motion died for lack of a second. Roll Call: The motion carried with Stromberg, Morris, Fields, Mindlin, Dotterrer, Marsh, Dawkins voting "yes" and Dlmltre voting "no." Black rejoined the meeting. PLANNING ACTION: SUBJECT PROPERTY: OWNER/APPLICANT: DESCRIPTION: Avenue. PA2007-00990 840 Faith Avenue Curtis P. Wine A request for Preliminary Plat approval for a nine.lot subdivision for the property located at 840 Faith Ex Parte ContactslBlas/Confllct of Interest - Dawkins has had several site visits and expressed his distress that the application is for single family detached residential units instead of multi-family units. However, he does not believe he is biased and can listen to the testimony and make an impartial decision. Black had a site visit and noticed a significant amount of impervious surface. Morris did not have a site visit but his aunt lives on Glendale and he had a discussion with her a long time ago about what he thought was a previous application. He can be impartial. Dotterrer and Marsh had a drive-by site visit but observed nothing in particular. Mindlin, Stromberg, Fields and Dimitre did not have a site visit or ex parte contact. No one stepped forward to challenge. STAFF REPORT Severson explained how the applicant had a pre-application in 2006 proposing to up-zone the property to R-2 and do a 23 lot Performance Standard development, including two attached four-plexes as well as the rest detached homes on small lots. Staff raised issues about neighborhood housing pattern compatibility, solar, clustering of affordable housing, and R-2 design requirements for separation between buildings. The applicants met with the Housing Commission and they also met with the neighborhood. After looking at how to respond to the items, the applicants did not think they could make the project pencil as an R-2 development and still offset the cost of affordable housing and a zone change. Severson described the site and the project. The existing church is proposed to be demolished and the lot subdivided into nine lots. The homes will be 1300 to 1690 square feet designed to meet solar on relatively narrow lots. The applicants are proposing to remove the locust trees along Faith Avenue in order to install a sidewalk and parkrow. They have provided a tree removal and tree protection plan. Staff believes the application satisfies the criteria and is recommending approval with the attached Conditions. Condition 7 can be deleted because there was no recommendation from the Tree Commission due to their lack of meeting. Marsh noted a letter from Zane Jones regarding trees on the neighboring properties. Severson said he added Conditions to address Jones' concerns. One Condition asks for an arborist's report addressing the trees prior to signature of the final survey plat. The homes currently meet solar but if the applicants should choose to make changes, they will be constrained by the solar setback and lot coverage. Because it is a Subdivision they are not constrained by envelopes or the building content. They are constrained by solar setbacks and lot coverage. PUBLIC HEARING CURT WINE, 895 Neil Creek Road, said the 23,000 square foot building was built in 195 I originally for a big meeting place. The church wants to move from the property. RAY KISTLER, 2025 Butler Creek Road, stated this is a straight-forward application with just nine lots. The applicant did not wish to get involved with any Variances or anything that would complicate the process and give an opportunity for appeal. They had neighborhood meetings and no opposition to the project was voiced. The neighbors did express a concern with additional parked cars on Faith. ASHLAND PlANNING COMMISSION REGULAR MEETING MINUTES JULY 10, 2007 4 "'7 , r, f ,-,' ASHLAND PLANNING DEPARTMENT STAFF REPORT July 10, 2007 PLANNING ACTION: 2007-00455 APPLICANT: Sage Development LLC LOCATION: 247 Otis St. ZONE DESIGNATION: R-l..5P COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential APPLICATION DEEMED COMPLETE: May 23, 2007 120..DAY TIME LIMIT: September 20, 2007 ORDINANCE REFERENCE: 18.88 Performance Standards Options REQUEST: Final Plan approval under the Performance Standards Options Chapter 18.88 for an I8-unit residential subdivision, including one lot containing the existing home and swimming pool structure on the site, for the property located at 247 Otis St. I. Relevant Facts A. Background. History of Application The Final Plan application was preliminarily approved by city staff on May 24, 2007 (P A 2007-00455). Prior to the administrative approval being finalized, a public hearing was requested on June 4,2007. The City Council granted Outline Plan approval for an I8-unit single-family residential subdivision and an Exception to the Street Standards to allow curbside sidewalks to preserve trees, wetland and the existing residence application on January 2, 2007 (P A 2006-00078). The Planning Commission decision on the P A 2006-00078 was appealed. The Planning Commission granted Outline Plan approval for an I8-unit single-family residential subdivision and an Exception to the Street Standards to allow curbside sidewalks to preserve trees, wetland and the existing residence on July 11, 2006 (P A 2006-00078). There are no other planning actions of record for this site. Planning Action 2007 ~55 Appllclnt: Sage Development LLC .I Ashland Planning Department - Staff Report mh Page 1 of 13 B. Detailed Description of the Site and Proposal The parcel is 4.34 acres in size, and is zoned Single-Family Residential (R-I-5). The project site is situated in the center of the block between Randy St. and Otis St., and Elizabeth Ave. and N. Laurel St. The subject parcel as well as the surrounding properties and neighborhood are located in the R-I-5 Single-Family Residential district. The properties directly surrounding the site as well as in the larger neighborhood are developed as single-family homes. A single-family residence and a large outbuilding that houses a mineral spring swimming pool are situated near Randy St. on the property. There is also a small accessory building in the center of the site. The site is moderately sloped with the western portion averaging approximately a 5% downhill slope to the north and the eastern portion averaging approximately a 2% slope to the north. The application includes a tree inventory which identifies 24 trees six inches diameter at breast height (dbh) and greater. The majority of the trees are located in the northeast comer of the property and along the Otis St. frontage. Four wetlands and a series of mineral springs are located on site. The largest mineral spring is located in the eastern portion of the site and is enclosed in a well. The large mineral spring is used to supply the swimming pool on the property. The swimming pool has been in place since the 1920's, and historically was used as a public swimming pool and known as the Helman Baths. 1. Final Plan for Performance Standards Options Subdivision The applicant is requesting Final Plan approval for an 18-lot subdivision under Chapter 18.88 Performance Standards Option. The proposal is to subdivide the property for the development of 17 new single-family homes. The existing residence and swimming pool structure will remain on one lot. Four lots are proposed to meet the open space requirement. A sample elevation is provided for the residential units. The project includes four open space areas. As approved in the Outline Plan, there is one large wetland open space on the western side of the site and one tree park open space in the northeast comer of the site. Two additional open space areas have been included in the Final Plan application in accordance with the Outline Plan approval. One of the new open spaces includes the well that supplies the private swimming pool and includes a portion of one of the smaller, ditch-like wetlands. The area will be landscaped and include a water feature that is supplied by water from the well and associated spring. The second new open space is to the west of the private swimming pool and includes a wetland. The application includes landscaping plans for the open space areas and planting strips adjacent to streets (see Wetland Planting Plan W-4, Planting Plan L-l and Detail Planting Plan L-Detail). Planning Action 2007-00455 Applicant: Sage Development LLC Ashland Planning Department - Staff Report mh Page 2 of 13 II. Proiect ImDact The project requires Final Plan approval since it involves the creation of residential lots in the R-I zoning district using the Performance Standards Options in Chapter 18.88. In accordance with Chapter 18.108, the Final Plan application was preliminarily approved by city staff on May 24, 2007. Prior to the administrative approval being finalized, a public hearing was requested on June 4, 2007. The hearing request letter is included in the packet. A. Final Plan Application In Staff's opinion, the Final Plan application is consistent with the approved Outline Plan, satisfies the conditions of approval of the Outline Plan and meets the approval criteria for a Final Plan. The Final Plan proposal is essentially the same as the approved Outline Plan. The number of dwelling units has not changed. The yard depths, distances between the main buildings and building envelopes are as shown on the approved outline plan. The building elevations included in the Final Plan application are identical to those included in the approved Outline Plan application. The Final Plan application confirms that the project will use the Conservation Housing density bonus and therefore meet the program requirements. The project includes four open space areas. As approved in the Outline Plan, there is one large wetland open space on the western side of the site and one tree park open space in the northeast comer of the site. Two additional open space areas have been included in the Final Plan application in accordance with the Outline approval. One of the new open spaces includes the well that supplies the private swimming pool and includes a portion of one of the smaller, ditch-like wetlands. The area will be landscaped and include a water feature that is supplied by water from the well and associated spring (see L-l Planting Plan and L-Detail Detail Planting Plan.) The second new open space is to the west of the private swimming pool and includes a wetland. The Tree Commission had not yet reviewed the landscape and tree plans at the time of writing. The wetland open space is identical in size and configuration to the approved Outline Plan application. The tree park open space will be identical in size and configuration to the approved Outline Plan application with the addition of condition 3 on page 6 of this report. In the Final Plan application, the size of the tree park open space is reduced by using the eastern portion of the open space area for a flag pole access for Lot 14. This access would be a legal access point, but functional access would be provided by a driveway easement from Drager St. The Lot 14 flag pole would be covered with a landscape easement and not used for vehicle access. Staff believes a better solution is to consolidate the functional and legal access in the same location by delineating the flag pole for Lot 14 in the driveway access from Drager St. This would allow the eastern portion of the tree park open space to physically remain in that open space lot. As a result, condition 3 is suggested which requires that Lot 14 include a flag pole in the proposed driveway location to Drager St. and that the proposed flag pole for Lot 14 to Planning Action 2007..()()455 Applicant: Sage Development LLC Ashland Planning Department - Staff Report mh Page 3 of 13 Randy St. be eliminated. As a result, the tree park open space will be the same size and configuration as in the approved Outline Plan application. The approved Outline Plan identified 24 trees sized six inches diameter at breast height (dbh) on the subject property and in the adjacent street rights-of-way. The approved Outline Plan identifies twenty of the trees for preservation and seven trees for removal. The Final Plan identifies six of the trees for removal~ Tree 14 on the Tree Inventory was originally identified for removal because it was located on a new lot with in a building envelope. However, the number of lots was reduced in the approved Outline Plan which resulted in the location of Tree 14 on Lot 18. Since no construction is proposed on Lot 18, Tree 14 will be preserved. Additionally, the project CC&R's requires protection of all trees identified for preservation in the approved Tree Inventory. The wetland delineation was approved by the Oregon Department of State Lands (DSL). The approval letter is dated January 12, 2007 and is included in the packet. After the DSL approval of the wetland delineation, DSL approved the wetland mitigation plan with a removal-fill permit was issued on February 23,2007. Consistent with the Outline Plan application, the delineation included four wetlands including one large wetland on the western portion of the parcel, a wetland to the west of the swimming pool building and two smaller ditch-like wetlands in the center of the property. DSL determined the two ditch-like wetlands are "non-jurisdictional" and therefore the wetlands are not required to be preserved under state law. However, the Final Plan application is consistent with the Outline Plan approval in that it retains a portion of one of the ditch-like wetlands in the open space to the east of Lot 15. The wetland to the west of the swimming pool was expanded to include a long narrow area to the north of the pool. The long narrow area of the wetland is due to seepage from the swimming pool. A condition has been added requiring the protection in perpetuity of the long narrow portion of the wetland. The application includes a water easement for the well and associated spring to address a condition of approval of the Outline Plan. The easement addresses the condition requirements including protection of the well and associated spring in perpetuity, the maintenance and enhancement of the well, Lot 18 and the homeowners association as beneficiaries of the easement and the prohibition of capping, degrading or destroying the well. The Ashland Legal Department has reviewed the easement, and a condition of approval has been added requiring the final document to be reviewed and approved by the Legal Department prior to recording the instrument. A condition of the Outline Plan approval required that the Final Plan application to address whether a permit is needed to use the spring accessed by the well. The application addresses the issue with a memo which states that well using less than 15,000 gallons a day for uses such as a pool are exempt, and the subject well has a continuous flow of approximately 500 gallons a day. The proposed streets are consistent with the approved Outline Plan and the Street Standard requirements. The proposal is to provide access to the subdivision by constructing a new public street and alley. The street will run through the property and connect to Otis St. to the south and Randy St. to the north. The street will be built at the Neighborhood Street standard. On Otis St., the frontage of the property on Otis St. will be improved with a parkrow and sidewalk. On Randy St., the frontage of the property Planning Action 2007-00455 Applicant: Sage Development LLC Ashland Planning Department - Staff Report mh Page 4 of 13 will be improved with a sidewalk. An Exception to the Street Standards was granted with the Outline Plan approval to eliminate the parkrow and install a curbside sidewalk due to the wetlands, trees and existing structures in and near the right-of-way. Additionally, the sidewalk on Randy St. will be installed off the site from the properties eastern boundary to the intersection with N. Laurel St. This connection will provide pedestrian access to Helman School and the Dog Park further to the north. Randy St. currently has sidewalks in place on the south side of the street from the east side of the intersection of Laurel St. to the Helman St. Helman St. has continuous sidewalks on the east side of the street that provides access to the Dog Park. B. Public Hearing Request The appeal request is included in the packet and indicates that the application is not consistent with the Final Plan approval criterion requiring consistency with the Street Standards. The specific details explaining the inconsistencies of the proposed Final Plan application with the Street Standards were not provided with the public hearing request. The development's compliance with the Street Standards is also an approval criterion for the Outline Plan. The issue was discussed at length during the course of the Planning Commission and City Council meetings as it was an issue raised by an appellant. The street improvements in the Final Plan application are the same as in the approved Outline Plan. The applicant has agreed to sign in favor of a local improvement district for Laurel St. as required in condition 36 of the approval, and has submitted a determination of traffic impact of the development as required in condition 37. The Planning Commission found the Outline Plan application to meet the Street Standards, and the written findings for that decision are attached. The City Council also found the Outline Plan application to meet the Street Standards in the appeal proceedings, and the written findings for that decision are attached. The sections below are excerpts from the City Council findings on the Outline Plan application, P A 2006-00078 regarding transportation facilities, street standards and street related issues raised by an appellant. 5) Criterion: [ALUO 18.88. 030.A. 4.b. ] ... i'hat adequate key City faci~ities can be provided inc~uding water, sewer, paved access to and through the deve~opment, e~ectricity, urban stozm drainage, po~ice and fire protection and adequate transportation; and that the deve~opment wi~~ not cause a City faci~ity to operate beyond capacity. This criterion concerns the adequacy of key facilities relative to the impact of the proposed development. The requirement is not necessarily that the facilities are currently in place, but that they can be provided. The Council finds that adequate key City facilities can be provided to serve the project including water, sewer, paved access to and through the development, electricity, urban storm drainage, police and fire protection and Planning Action 2007-00455 Applicant: Sage Development LLC Ashland Planning Department - Staff Report mh Page 5 of 13 adequate transportation; and that the development will not cause a City facility to operate beyond capacity. The record reflects that adequate facilities are available as the project is located in an area that is already developed with sewer and other utility improvements. Water, sanitary sewer, storm sewer and electric services are available from Otis Street and will connect through the site to the existing system in Randy Street. Paved access is provided by Randy and Otis streets, as well as by the proposed new street running through the site. It is feasible to construct the internal street improvements. [R-164] Primary access to the neighborhood is by way of North Laurel Street which is classified as an Avenue (major collector). Randy and Otis streets, as well as the new street in the subdivision, are classified as Neighborhood Streets. A Traffic Impact Study was prepared for the project and projects that the intersections surrounding the site involving Randy, Otis, Willow, Drager and North Laurel streets will continue to operate at acceptable levels with build out of the proposed project. [R-245] [R-370] Also, as regards adequate transportation facilities, the primary pedestrian attractors in the neighborhood are Helman School, the dog park and the Bear Creek Greenway. Sidewalks are in place on the south side of Randy Street from the east side of Laurel Street to Helman Street. Helman School is located at Randy St. and Helman Street, and the dog park and greenway are at the northern end of Helman Street. The proposed application will install sidewalks on Randy Street from the western boundary of the subdivision to the intersection of Randy Street and Laurel Street. In addition, a pedestrian easement is provided on Lot 18 connecting the new street to Randy Street. This multi-use path will provide a direct route for pedestrians and bicyclists from the interior of the subdivision to Randy Street. The Council concurs with the Planning Commission that the most likely route that residents of the proposed subdivision would take to Helman School and further north to the dog park and green way would be this direct route through Lot 18 and the northeastern open space to the new sidewalk on Randy Street. Pedestrians would then cross at the intersection of Randy Street and Laurel Street to the existing sidewalk on the south side of Randy that links to Helman School and Helman Street. New public sidewalks will also be installed on the Otis Street frontage, and on both sides of the proposed new street running through the subdivision. The Council further finds and determines that the major means of vehicular access to this subdivision is from Randy and Planning Action 2007-00455 Applicant: Sage Development LLC Ashland Planning Department - Staff Report mh Page 6 of 13 Otis streets. Randy and Otis will be fully improved to City standards with the installation of sidewalks, accordingly, ALUO 18.80.020(B) (7) is also satisfied. Contrary to appellants assertion that all streets must be improved, the Code expressly requires only major access streets be improved to City standard. Based on the detailed findings set forth herein, the detailed findings of the Ashland Planning Commission, specifically incorporated herein by this reference, as well as by competent substantial evidence in the whole record, the Council finds and determines that this criterion is met, or can be met with the imposition of conditions. The above is subject to condition of approval # 36 below. 10) Criterion: [ALUO 18.88.030.A.4.g.] ... The deve~opment c01lp~ies wi tl1 the Street Standards. Development is proposed to comply with the street standards as provided in 18.88.020K, except as provided in the exception to Street Standards preserve existing trees and wetlands. [R-165] [R-167]. The findings of compliance with street standards and exceptions as set forth in the record at R-167 thru R169 are specifically incorporated herein by this reference. Based on the detailed findings set forth herein, the detailed findings of the Ashland Planning Commission, specifically incorporated herein by this reference, as well as by competent substantial evidence in the whole record, the Council finds and determines that this criterion is met. (See also supportive findings set forth below) AJ.leqed "'traffic mi'tiqa'tion" errors Appellants (opponents) assert that the Planning Commission erred in not imposing: (1) a condition of approval for all access streets to be upgraded to city standards and (2) a condition of approval requiring the developer to share the exp~nse of street improvement costs as traffic mitigation costs. As noted in findings above under ALUO 18.88.030.A.4.b, the appellants disagree with the level of street improvement exactions imposed on this 18 lot subdivision and in asking for all streets to be improved request an interpretation of ALUO 18.80.020(B) (7) which ignores the word "major" The Council declines to interpret the Code to require that all streets be fully improved to City standard as inconsistent with the language of the code and with constitutional principles governing the Planning Action 2007-00455 Applicant: Sage Development LLC Ashland Planning Department - Staff Report mh Page 7 of 13 imposition of exactions. To address the second allegation of error, Applicant and Appellants negotiated imposition of the following conditions: (1) Council shall establish, on an expedited and timely basis, its new policy regarding the appropriate use of LID approval conditions and non-remonstrance agreements or other options to mitigate subdivision traffic impact. (2) As part of final plan approval, based on a plan submitted by PD staff and/or applicant, PC shall require mitigation of traffic impact as an approval condition within guidelines of council's new traffic mitigation policy. Appellants (opponents) also submitted an incomplete petition alleging 95% community support for this consensus position. As regards the alleged popularity of the proposed consensus conditions, the Council finds and determines that no approval criterion for this outline plan approval requires popularity of proposed conditions of approval for imposition. Nor is consensus between the applicant and appellants required for imposition of conditions of approval. The Council has not delegated quasi-judicial decision making authority to informal neighbourhood petitioning or negotiated agreements between applicants and appellants. The Council further finds that proposed conditions of approval requiring the City Council to perform discretionary legislative acts or policy making are inappropriate in quasi-judicial proceedings. The Council finds it improper and contrary to public policy for appellants to use quasi-judicial proceedings to coerce applicants into conditions of approval which have little or no bearing on the merits of the individual application. Conditions of approval must relate to achieving compliance with code criterion. The ALUO, Section 18.68.150, requires imposition of a condition concerning LID nonremonstrance on streets with some traffic impact, (in this case Laurel Street) and such a condition is imposed in condition 36 below. The Council further finds that there is no constitutional infirmity or conflict between the LID remonstrance provisions of ALUO and the LID provisions of Chapter 13 of the Ashland Municipal Code. The provisions when read together are consistent with the requirements set forth by the Court in Larsson v. City of Lake Oswego, 26 Or LUBA 515, 522, aff'd 127 Or App 647, (1994). The Council further finds that there is no error in the applicant Planning Action 2007-00455 Applicant: Sage Development LLC Ashland Planning Department - Staff Report mh Page 8 of 13 proposing and the Council agreeing to re-review the impacts of the proposed development to determine compliance with code criterion again at final plan approval provided such review and imposition of exactions, if any, is consistent with a constitutionally required individualized determination of the impact of the development as related to the exaction. This condition is set forth in condition 37. III. Procedural - Reauired Burden of Proof The criteria for Final Plan approval are described in 18.88.030.8.5 as follows: Criteria for Final Plan Approval. Final plan approval shall be granted upon finding of substantial conformance with the outline plan. Nothing in this provision shall limit reduction in the number of dwelling units or increased open space provided that, if this is done for one phase, the number of dwelling units shall not be transferred to another phase, nor the open space reduced below that permitted in the outline plan. This substantial conformance provision is intended solely to facilitate the minor modifications from one planning step to another. Substantial conformance shall exist when comparison of the outline plan with the final plan shows that: a. The number of dwelling units vary no more than ten (10%) percent of those shown on the approved outline plan, but in no case shall the number of units exceed those permitted in the outline plan. b. The yard depths and distances between main buildings vary no more than ten (10%) percent of those shown on the approved outline plan, but in no case shall these distances be reduced below the minimum established within this Title. c. The open spaces vary no more than ten (10%) percent of that provided on the outline plan. d. The building size does not exceed the building size shown on the outline plan by more than ten (10%) percent. e. The building elevations and exterior materials are in conformance with the purpose and intent of this Title and the approved outline plan. f. That the additional standards which resulted in the awarding of bonus points in the outline plan approval have been included in the final plan with substantial detail to ensure that the performance level committed to in the outline plan will be achieved. g. The development complies with the Street Standards. Planning Action 2007-00455 AppllClnt: Sage Development LLC I Ashland Planning Department - Staff Report mh 4- -: Page 9of13 IV. Conclusions and Recommendations In Staff's opinion, the proposal is consistent with the approval criteria for Final Plan approval of a Performance Standards Options subdivision. There are two sets of draft findings attached one set being for approval and one set for denial. If the Planning Commission denies the application, Staff will need direction on the basis for the denial to insert into the draft denial findings. Staff recommends approval of the application with the following conditions attached. 1. That all proposals of the applicant shall be conditions of approval unless otherwise modified below. 2. That all conditions of the Outline Plan approval (P A2006-00078) shall remain in effect. 3. That Lot 14 shall be reconfigured on the final survey plat to include a flag pole connection to Drager St. in the location of the driveway access. The proposed flag pole for Lot 14 connecting to Randy St. shall be eliminated and the area shall be incorporated into the tree park open space (Common Property B on the Preliminary Plat). The shared drive portion of the driveway serving Lots 13 and 14 is by definition a flag drive and shall be 20 feet in width clear space and the driveway paved to 15 feet in width until the point where the driveway branches into two separate driveways in accordance with 18.08.195 and 18.76.060.B. The individual driveways to Lots 13 and 14 shall be 15 feet in clear width and 12 feet in paved with in accordance with 18.08.195 and 18.76.060.B. 4. That the long narrow portion of the wetland north of the enclosed swimming pool shall be preserved and protected in perpetuity by a conservation easement, by common area or some similar instrument. The final instrument shall be submitted for review and approval of the Ashland Planning and Legal departments prior to signature of the final survey plat. 5. That all easements for sewer, water, electric and streets shall be indicated on the final survey plat as required by the City of Ashland. A public pedestrian and bicycle easement shall be indicated on the final survey plat for the multi-use path adjacent to the wetland open space and for the multi-use path linking Drager St. to Randy St. The alley shall be a public alley. 6. That the water easement for the well and the associated spring located in Common Space E as identified in the Preliminary Plat shall be submitted for review and approval of the Ashland Legal Department prior to signature of the final survey plat. 7. That final copy of the CC&R's for the homeowners association shall be provided with the final survey plat. CC&R's shall be revised to describe responsibility of the homeowners association for the maintenance of all parkrows and street trees in the Planning Action 2007-00455 Applicant: Sage Development LLC L/ ; Ashland Planning Department - Staff Report mh Page 10 of 13 public rights-of-way. The wetland maintenance schedule shall be revised to include the wetlands in common areas D and E. The CC&R' s shall be submitted for review and approval of the Ashland Legal Department prior to signature of the final survey plat. 8. Applicant shall execute a document as consistent with ALva 18.68.150 agreeing to participate in their fair share costs associated with a future Local Improvement District for improvements to Laurel St. and to not remonstrate against such District prior to signature of the final survey plat. Nothing in this condition is intended to prohibit an owner/developer, their successors or assigns from exercising their rights to freedom of speech and expression by orally objecting or participating in the LID hearing or to take advantage of any protection afforded any party by City ordinances and resolutions. 9. That the utility plan for the project shall be submitted for review and approval of the Ashland Engineering Division prior to signature of the final survey plat. The utility plan shall include the location of connections to all public facilities in and adjacent to the development, including the locations of water lines and meter sizes, fire hydrants, sewer mains and services, manholes and clean-outs, storm drainage pipes and catch basins. The rerouted sanitary sewer and storm drain lines that are being relocated to the new street shall be the same size or larger than the current lines running through the site as required by the Ashland Engineering Division. Any required private or public utility easements shall be delineated on the utility plan. 10. That the existing sewer and storm drain easements running through the site shall be vacated after the signature of the final survey plat and prior to the issuance of any building permits. 11. That the requirements of the Ashland Fire Department including fire apparatus access, hydrant spacing and hydrant flow requirements shall be included in the utility plan prior to the signature of the final survey plat. 12. That the storm drainage plan including but not limited to the design of all required on- site storm water detention systems shall be submitted for review and approval of the Ashland Planning and Engineering Divisions prior to signature of the final survey plat. The permanent maintenance of on-site storm water detention systems must be addressed through the obligations of the homeowners' association and approved by the Public Works Department and Building Division. Any changes to the street and sidewalk configuration, lot configurations and open space areas resulting from the required storm water detention systems shall be processed as a modification of this approval. 13. That the Electric Distribution System Plan shall be reviewed and approved by the Ashland Electric Department prior to signature of the final survey plat. The plan shall include load calculations and the location of all primary and secondary services including transformers, cabinets, street lights and all other necessary equipment. 14. The preliminary engineering for proposed street improvements shall be submitted for Planning Action 2007-00455 Applicant: Sage Development LLC Ashland Planning Department - Staff Report mh Page 11 of 13 review and approval of the Ashland Engineering Division prior to signature of the final survey plat. Street improvements shall be consistent with the approved Outline Plan. The off site sidewalk improvements on Randy St. connecting the site to Laurel St. shall include a wheelchair ramp at the comer. The east and west ends of the sidewalk improvements on Otis St. shall match or be close to the ground level for pedestrian safety and so that the sidewalk can be extended to Elizabeth Ave. and Laurel St. in the future. Accordingly, if necessary, the Otis St. sidewalk shall transition to a curb side sidewalk to provide for future sidewalk extensions in both directions on Otis St. Wheelchair ramps shall be provided on Otis St., the alley and Randy St. to provide direct access for wheelchair users and bicycles. 15. That the mulit-use path connecting Drager St. to Randy St. may be reduced to eight feet in width if it is paved with concrete, asphalt or comparable surfacing. Regardless of the improved path width, fencing shall be a minimum of three from the improved edges of the path to provide clear distance on both sides of the path for safe operation. The clear distance areas shall be graded to the same slope as the improved path to allow recovery room for pedestrians and bicyclists. The clear distance areas shall be limited to landscape materials, and vegetation in excess of 12 inches in height shall not be placed in the clear distance areas. 16. Subdivision infrastructure improvements, including but not limited to utilities, public streets, street trees and irrigation and open space landscaping and irrigation shall be installed or a bond posted for the full cost of construction prior to signature of the final survey plat. If a bond is posted for common area and open space improvements, the common area and open space improvements including but not limited to landscaping, irrigation and pathway improvements shall be installed in accordance with the approved plan prior to the issuance of the ninth building permit (halfway through the building permits for single-family homes). The project landscape architect shall inspect the common area and open space improvements for conformance with the approved plan, and shall submit a final report on the inspection and items addressed to the Ashland Planning Division. The applicant shall schedule a final inspection including the project landscape architect with the Ashland Planning Division of the common areas and open spaces prior to issuance of the ninth building permit. 17. That a Verification Permit in accordance with 18.61.042.B shall be applied for and approved by the Ashland Planning Division prior to site work, storage of materials and/or the issuance of an excavation or building permit. The Verification Permit is for the removal of approved trees and the installation of the tree protection fencing. The tree protection for the trees to be preserved shall be installed according to the approved Tree Protection Plan prior to site work or storage of materials. Tree protection fencing shall be chain link fencing a minimum of six feet tall and installed in accordance with 18.61.200.B. 18. The setback requirements of 18.88.070 shall be met and identified on the building permit submittals including but not limited to the required width between buildings as described in 18.88.070.0. Planning Action 2007-00455 Appllclnt: Sage Development LLC Ashland Planning Department - Staff Report mh ./--1 - Page 12 of 13 19. That vision clearance areas at the intersections of streets and alleys throughout the project in accordance with 18.92.070.0 shall be delineated on the building permit submittals for lots located at intersections (i.e. Lots 5, 6, 10, 11, 16 and 17). Structures, signs and vegetation in excess of two and one-half feet in height shall not be placed in the vision clearance areas. 20. That all new structures shall meet Solar Setback A in accordance with Chapter 18.70 of the Ashland Land Use Ordinance. Solar setback calculations shall be submitted with each building permit and include the required setback with the formula calculations and an elevation or cross-section clearly identifYing the height of the solar producing point from natural grade. 21. Individual lot coverage calculations including all impervious surfaces shall be submitted with the building permits and shall be in accordance with the approved maximum lot coverage calculations (sheet P-2, Lot Coverage). Pervious driveway and parking areas shall be counted as impervious surfaces for the purpose of lot coverage calculations. 22. That all homes shall qualify in the Ashland Earth Advantage program in accordance with 18.88.040.B.3.a. The applicant shall meet with the Ashland Conservation Division regarding eligible site activities prior to issuance of an excavation permit. The required Earth Advantage documentation shall be submitted with each building permit application. 23. Fence heights within side and rear yard areas adjoining a public right-of-way or open space shall not exceed four feet in height. Planning Action 2007-00455 Applicant: Sage Development LLC Ashland Planning Department - Staff Report mh Page 13 of 13 Adopted Written Findings from Planning Commission and City Council for approved Outline Plan Application PA 2006-00078 ; -'- ;!-J. / BEFORE THE PLANNING COMMISSION July 11, 2006 IN THE MATTER OF PLANNING ACTION #2006-00078, A REQUEST FOR AN OUTLINE PLAN APPROVAL UNDER THE PERFORMANCE STANDARDS OPTIONS CHAPTER 18.88 FOR AN l8-UNIT SINGLE-FAMILY RESIDENTIAL SUBDIVISION FOR THE PROPERTY LOCATED AT 247 OTIS STREET. AN EXCEPTION TO THE STREET STANDARDS IS REQUESTED TO ALLOW A CURBSIDE SIDEWALK IN SECTIONS OF THE OTIS AND RANDY STREET FRONTAGES TO PRESERVE TREES, WETLANDS AND THE RESIDENCE AT 247 OTIS STREET. APPLICANT: Sage Development, LLC RECITALS: ) ) ) FINDINGS, ) CONCLUSIONS ) AND ORDERS ) ) ) ) ) 1) Tax lot 400 of 39 IE 04BC is located at 247 Otis Street and is zoned R-1-5-P Single-Family Residential. 2) The applicant is requesting Outline Plan approval for an l8-unit single-family residential subdivision under the Performance Standards Options. The application includes a request for an exception to the Street Standards to install a curbside sidewalk on the Otis and Randy street frontages to preserve mature trees, wetlands and the home at 247 Otis Street. Site improvements are outlined on the plans on file at the Department of Community Development. 3) The criteria for Outline Plan approval under the Performance Standards Options are described in Chapter 18.88 as follows: a) That the development meets all applicable ordinance requirements of the City of Ashland. b) That adequate key City facilities can be provided including water, sewer, paved access to and through the development, electricity, urban storm drainage, police and fire protection and adequate transportation; and that the development will not cause a City facility to operate beyond capacity. c) That the existing and natural features of the land; such as wetlands, floodplain corridors, ponds, large trees, rock outcroppings, etc., have been identified in the plan of the development and significant features have been included in the open space, common areas, and unbuildable areas. d) That the development of the land will not prevent adjacent land from being developed for the uses shown in the Comprehensive Plan. ,/,. ~.--" P A #2006-00078 July 11, 2006 Page 1 e) That there are adequate provisions for the maintenance of open space and common areas, if required or provided, and that if developments are done in phases that the early phases have the same or higher ratio of amenities as proposed in the entire project. j) That the proposed density meets the base and bonus density standards established under this Chapter. 4) The criteria for an Exception to the Street Standards are described in Chapter 18.88.050.F as follows: An exception to the Street Standards is not subject to the Variance requirements of section 18.100 and may be granted with respect to the Street Standards in 18.88.050 if all of the following circumstances are found to exist: A. There is demonstrable difficulty in meeting the specific requirements of this chapter due to a unique or unusual aspect of the site or proposed use of the site. B. The variance will result in equal or superior transportation facilities and connectivity; C. The variance is the minimum necessary to alleviate the difficulty; and D. The variance is consistent with the stated Purpose and Intent of the Performance Standards Options Chapter. 5) The Planning Commission, following proper public notice, held public hearings on March 14, 2006, June 13,2006, June 27,2006 and July 11, 2006 at which time testimony was received and exhibits were presented. The Planning Commission approved the application subject to conditions pertaining to the appropriate development of the site. Now, therefore, The Planning Commission of the City of Ashland finds, concludes and recommends as follows: SECTION 1'. EXHIBITS For the purposes of reference to these Findings, the attached index of exhibits, data, and testimony will be used. Staff Exhibits lettered with an "S" Proponent's Exhibits, lettered with a "P" Opponent's Exhibits, lettered with an "0" P A #2006-00078 July II, 2006 Page 2 /--; /7 Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "M" SECTION 2. CONCLUSORY FINDINGS 2.1 The Planning Commission finds that it has received all information necessary to make a decision based on the Staff Report, public hearing testimony and the exhibits received. 2.2 The Planning Commission finds that the proposal to develop an 18-unit single-family residential subdivision meets all applicable criteria for an Outline Plan approval described in the Performance Standards Options Chapter 18.88, and that the proposed use of a curbside sidewalk for sections of the Otis and Randy street frontages to preserve mature trees, wetlands and the home at 247 Otis Street meets all applicable criteria for an Exception to the Street Standards in Chapter 18.88. 2.3 The Planning Commission finds that adequate key City facilities can be provided to serve the project including water, sewer, paved access to and through the development, electricity, urban storm drainage, police and fire protection and adequate transportation; and that the development will not cause a City facility to operate beyond capacity. Water, sanitary sewer, storm sewer and electric services are available from Otis Street and will connect through the site to the existing system in Randy Street. Paved access is provided by Randy and Otis streets, as well as by the proposed new street running through the site. Primary access to the neighborhood is by way of North Laurel Street which is classified as an A venue (major collector). Randy and Otis streets, as well as the new street in the subdivision, are classified as Neighborhood Streets. A Traffic Impact Study was prepared for the project and projects that the intersections surrounding the site involving Randy, Otis, Willow, Drager and North Laurel streets will continue to operate at acceptable levels with build out of the proposed project. The primary pedestrian attractors in the neighborhood are Helman School, the dog park and the Bear Creek Greenway. Sidewalks are in place on the south side of Randy Street from the east side of Laurel Street to Helman Street. Helman School is located at Randy Sl and Helman Street, and the dog park and greenwayare at the northern end of Helman Street. The proposed application will install sidewalks on Randy Street from the western boundary of the subdivision to the intersection of Randy Street and Laurel Street. In addition, a pedestrian easement is provided on Lot 18 connecting the new street to Randy Street. This multi-use path will provide a direct route for pedestrians and bicyclists from the interior of the subdivision to Randy Street. The Commission believes the most likely route that residents of the proposed subdivision would take to Helman School and further north to the dog park and greenway would be this direct route through Lot 18 and the northeastern open space to the new sidewalk on Randy Street. Pedestrians would then cross at the intersection of Randy Street and Laurel Street to the existing sidewalk on the south side of Randy that links to Helman School and Helman Street. New public sidewalks will also be installed on the Otis Street frontage, and on both sides of the proposed new street running through the !i- P A #2006-00078 July 11, 2006 Page 3 subdivision. 2.4 The Planning COmmission finds that the proposal to use a curbside sidewalk for sections of the Otis and Randy street frontages to preserve mature trees, wetlands and the historic home meets the applicable criteria for an Exception to the Street Standards in Chapter 18.88. On the Otis Street frontage, the proposal is to curve the sidewalk around three trees using a curbside sidewalk. On the Randy Street frontage, the proposal is to use a curbside sidewalk along the length of the frontage to preserve the wetlands adjacent to the street, preserve the historic home at 247 Otis which is immediately adjacent to the street right-of-way, and to further protect the large stature trees in the northeastern comer of the property. The installation of the required sidewalk and parkrow improvement includes a seven-foot wide parkrow between the curb and the sidewalk. If the parkrow were installed on the Otis Street frontage the 43-inch diameter at breast height (dbh) Monterrey Cypress, 47-inch dbh Weeping Willow and the 38-inch dbh White Mulberry (trees 4, 5 and 6 respectively on the Tree Inventory Plan) would need to be removed because the sidewalk would be located where the trunks of the trees currently are sited. If the parkrow were installed on the Randy Street frontage, the sidewalk would intrude into the wetlands in the western portion of the site, would intrude into the wetlands to the west of the pool house, would require removal of a portion of the historic house, and would intrude into the driplines of two Sugar Maples 38-inch and 30-inch dbh (trees 22 and 24 respectively on the Tree Inventory Plan). While it is possible to remove the trees and build the sidewalk in the wetlands, the Commission finds the trees and wetlands to be significant natural resources that should be protected as required by the Outline Plan approval criteria. As a result, while the curbside sidewalk is not the required pedestrian facility under the Ashland Street Standards, the preservation of the natural features must be balanced with providing safe, convenient and attractive walkways. The curbside sidewalks in the sections of Otis Street and on the Randy Street frontage will provide a safe and direct pedestrian connection to east of the subdivision. The sections of proposed curbside sidewalk have been minimized and a parkrow has been included in areas not impacted by natural features and the historic home. The sidewalk design is consistent with the purpose and intent of the Perfonnance Standards Options Chapter 18.88 in that is allowing an option for a more flexible design for the pedestrian corridor to use the natural features of the landscape to their greatest advantage. 2.5 The Planning COmmission finds that development of the land will not prevent adjacent land from being developed for the uses shown in the Comprehensive Plan. The subject parcel as well as the surrounding properties and neighborhood are located in the R-I-5 Single-Family Residential district. The subject property is an oversized parcel in the middle of a block that has single-family lots adjacent to the eastern and western property boundaries. The properties directly adjacent to the east and west of the site as well as the larger neighborhood in the area are developed as single-family homes. 2.6 The Planning Commission finds the density meets the base density standards established Wider the Perfonnance Standards Options for the Single-Family Residential (R-1-5-P) zone. The property's R-I zoning designation and lot area of 4.34 acres pennit a base density of 19.5'3 units "LI') . ' P A #2006-00078 July 11, 2006 Page 4 / ,;,~ / I (4.34 acres * 4.5 units/acre = 19.53 units). The application states the conservation density bonus will be used, which would increase the number of possible units to 22 (19.53 units x .15 conservation density bonus = 2.92 units). Eighteen units are proposed including 17 new homes and one large lot which will contain the existing home and indoor pool. 2.7 The Planning Commission finds that the existing feature on the property includes the wellhead and the natural features of the property include trees, wetlands and a spring. The Commission finds that the significant features have been included in the open spaces, common areas, and unbuildable areas. Fifteen of the 24 trees on site are significantly sized according to the definition of 18.61.020.1 (i.e. 18-inches or larger dbh). One of the significantly sized trees, a 22- inch dbh Weeping Willow numbered as tree 15 on the Tree Inventory included with the application, will be removed in the location of the new street in the center of the site. The proposal is to expand the western wetland to mitigate the fili of the northern and eastern edge of the large western wetland and the fill most of the two smaller centrally located wetlands. The wetland west of the pool house and adjacent to Randy Street will also be preserved. The wetland area in the western open space would be expanded to the south and north as mitigation for the filled wetland areas, and will result in the total are of the western wetland open space being 39,333 square feet (.90 acres). The applicants have agreed that the wellhead is a significant existing feature and the associated spring is a significant natural feature as defined in the Perfonnance Standards Options Chapter 18.88. Accordingly, the applicants have proposed to preserve the wellhead arid associated spring in an open space for the subdivision. As proposed by the applicant and addressed in condition of approval 33, the Final Plan application for the Proposed subdivision will include the wellhead and a water feature served by the associated' Spring -from the well m a comlnon area for the subdivision. Additionally, a conservation easement. or deed restriction will be used to protect the wellhead and associated spring in perpetuity. The maintenance of the ,open: spaces and common areas, and the existing and natural features to be preserved as described above will be addressed in the covenants, codes and restrictions for the homeowners assOciation. , . 2.8 The Planning Commission finds that the development meets all applicable ordinance requirements of the City of Ashland. Sheet S-1 date stamped May 19, 2006 delineates the proposed building envelopes, setbacks, solar setbacks and driveway locations. The setbacks on the perimeter of the subdivision and for the front yards are required to meet the standard setback requirements of the Single-Family Residential zoning district, and the proposal meets this requirement. The solar setbacks are addressed as required, but the final detennination is made at the building pennit submittal. Finally, the driveway aprons are separated by 24 feet as required in the street standards. The proposed subdivision meets the on-site parking meets ordinance requirements. In addition to the two off-street parking spaces that are required for each unit, one on-street space is required for each unit. The are parking spaces available on the new street as well as the Randy and Otis street frontages, and the on-street parking requirement is easily satisfied with over 60 on-street spaces identified in the application submittals. '" P A #2006-00078 July 11, 2006 Page 5 . :; ;-; ", '" SECTION 3. DECISION 3.1 Based on the record of the Public Hearing on this matter, the Planning Commission concludes that the proposal to develop an 18-unit single-family residential subdivision and to install a curbside sidewalk on the Otis and Randy street frontages to preserve mature trees, wetlands and the home at 247 Otis Street is supported by evidence contained within the record. Therefore, based on our overall conclusions, and upon the proposal being subject to each of the following conditions, we approve Planning Action #2006-00078. Further, if anyone or more of the conditions below are found to be invalid, for any reason whatsoever, then Planning Action #2006-00078 is denied. The following are the conditions and they are attached to the approval: 1) That all proposals of the applicant are conditions of approval unless otherwise modified here. 2) That all easement for sewer, water, electric and streets shall be indicated on the Final Plan application as required by the City of Ashland. '. 3) That a utility plan for the project shall be submitted with the Final Plan application. The utility plan shall include the location of connections to all public facilities in and adjacent to the development, including the locations of water lines and meter sizes, fire hydrants, sewer mains and services, manholes and clean-outs, storm drainage pipes and catch basins. The rerouted sanitary sewer and storm drain lines that are being relocated to the new street shall be the same size or larger than the current lines running through the site as required by the Ashland Engineering Division. Any required private or public utility easements shall be delineated on the utility plan. 4) That the Tree Protection and Removal Plan shall be revised to coordinated with the final utility plan, and shall be submitted with the Final Plan application. 5) That the storm drainage plan including the design of all on-site storm water detention systems and off-site storm drain system improvements shall be submitted with the Final Plan application. The pennanent maintenance of on-site storm water detention systems must be addressed through the obligations of the homeowners' association and approved by the Public Works Department and Building Division. 6) That the applicant shall submit an electric distribution plan with the Final Plan application including load calculations and locations of all primary and secondary services including transformers, cabinets, meters and all other necessary equipment. This plan shall be reviewed and approved by the Electric Department prior to submission of the Final Plan application. Transformers and cabinets shall be located in areas least visible from streets, while considering the access needs of the Electric Department. 7) That the required pedestrian-scaled streetlight shall consist of the City of Ashland's residential "'" 1 P A #2006-00078 July 11, 2006 Page 6 .. , ',';../,.'/ streetlight standard, and shall be included in the utility plan and engineered construction drawings for the street improvements. 8) The preliminary engineering for proposed street improvements shall be provided at Final Plan application. Street improvements shall be consistent with City of Ashland Street Local Street Standards. The sidewalk improvements on Randy Street may be constructed at the curbside to preserve the wetlands, existing home and trees. Offsite sidewalk improvements on Randy Street connecting the site to Laurel Street shall be included in the preliminary engineering. The preliminary engineering shall include multi-use path improvements for the off-street path adjacent to the wetlands and for the off-street path connecting the new street to and through the northeastern tree open space. 9) That the Final Plan application shall demonstrate that the driveway curb cuts are spaced at least 24 feet apart as measured between the outside edges of the apron wings of the driveway approaches in accordance with the Ashland Street Standards. 10) That the driveway for lot 14 shall be relocated so that it does not cross the front yard area of lot 13. 11) That the Final Plan application shall delineate vision clearance areas at the intersections of streets and alleys throughout the project in accordance with 18.92.070.D. Structures, signs and vegetation in excess of two and one-half feet in height shall not be placed in the vision clearance areas. Building envelopes shall be modified accordingly on the Final Plan submittals. 12) Subdivision infrastructure improvements, including but not limited to utilities, public streets, street trees and irrigation and open space landscaping and irrigation shall be installed or a bond posted for the full cost of construction prior to signature of the final survey plat. If a bond is posted for common area and open space improvements, the common area and open space improvements including but not limited to landscaping, irrigation and pathway improvements shall be installed in accordance with the approved plan prior to the issuance of the ninth building pennit (halfway through the building permits for single-family homes). The project landscape architect shall inspect the common area and open space improvements for conformance with the approved plan, and shall submit a final report on the inspection and items addressed to the Ashland Planning Division. The applicant shall schedule a final inspection including the project landscape architect with the Ashland Planning Division of the common areas and open spaces prior to issuance of the ninth building permit. 13) That the street name shall be reviewed and approved by Ashland Engineering for compliance with the City's resolution for street naming. 14) That the final wetland delineation and mitigation plan shall be approved by the necessary state and federal agencies, and the necessary state and federal pennits received prior to the Final Plan application. If the final wetland delineation report submitted for state and federal review differs P A #2006-00078 1uly II, 2006 Page 7 significantly from the preliminary determination (i.e. larger area or additional wetland areas), the Outline Plan shall be modified prior to an application for Final Plan approval. 15) That the wetland mitigation plan including a grading and planting plan shall be submitted with the Final Plan application. That an engineering analysis of the water flow and potential ponding, and any potential impacts to adjacent properties shall be submitted with the Final Plan application. The engineering analysis shall address the potential to meter exCess rtmoff to the stonn drain to prevent backup of water in the wetlands. 16) That the Tree Protection and Removal Plan shall be revised in the Final Plan application to include lot 18. 17) That the recommendations of the Ashland Tree Commission, with final approval by the Staff Advisor, shall be incorporated into the Tree Protection and Removal Plan. 18) That a Verification Pennit in accordance with 18.61.042.B shall be applied for and approved by the Ashland Planning Division prior to site work, storage of materials and/or the issuance of an excavation or building pennit. The Verification Pennit is for the installation of the tree protection fencing. The tree protection for the trees to be preserved shall be installed according to the approved Tree Protection Plan prior to site work or storage of materials. Tree protection fencing shall be chain link fencing a minimum of six feet tall and installed in accordance with 18.61.200.B. 19) That a size and species specific landscaping plan for the parkrows and open spaces shall be provided at the time of the Final Plan application. 20) That street trees, located one per 30 feet of street frontage, shall be installed.inthe parkrowalong, street frontages as part of the subdivision infrastructure improvements. Street trees shall be chosen from the Recommended Street Tree List and shall be installed in accordance with .the specifications noted in the Recommended Street Tree List. The street trees shall be inigated. 21) That the landscape plan at Final Plan application shall attempt to mitigate the loss of a parkrow in the areas of curbside sidewalk (i.e. adjacent to wetlands on new street, and on the Randy Street frontage) by providing street trees behind the sidewalk that 'will be provide a Canopy over the sidewalk and street to improve the pedestrian environment, provide shade and traffic calming benefits. 22) Fence heights within side and rear yard areas adjoining the off-street pedestrian paths from and open spaces shall not exceed four feet. Stipulations with regards to fencing shall be described in the project CC&R's. 23) That a draft copy of the CC&R's for the homeowners association shall be provided at the time of Final Plan application. Lot 18 shall be included.in the homeowners association and subject to all P A #2006-00078 July 11, 2006 Page 8 1"; - .'/ -' subdivision requirements including the Tree Protection Plan and Wetlands Mitigation Plan. CC&R's shall describe responsibility for the maintenance of all common area and open space improvements, parkrows and street trees. CC&R' s shall describe a system for governance of the use of the wellhead and associated spring by the subdivision residents. CC&R' s shall note that any deviation from the Tree Protection Plan and Wet1ands Mitigation Plan must receive written approval from the City of Ashland Planning Department. 24) That existing building greater than 500 square feet proposed for removal shall require approval of a Demolition Pennit prior to moving or demolition. 25) That the Final Plan application shall include a lot coverage calculations in square footage and percentage for each lot. Open space area less the impervious common improvements (i.e. streets and sidewalks) and less lot 18 shall be distributed evenly across the remaining 17 residential lots. 26) The setback requirements of 18.88.070 shall be met and identified on the building permit submittals including but not limited to the required width between buildings as described in 18.88.070.0. 27) That the setbacks on lot 14 shall be revised so that the front yard is opposite of the back yard in accordance with 18.08.430 in the Final Plan application. The rear yard for lot 14 shall be located as shown adjacent to the east property line to mirror the yard pattern of the existing homes to the east. 28) That all new structures shall meet Solar Setback A in accordance with Chapter 18.70 of the Ashland Land Use Ordinance. Solar setback calculations shall be submitted with each building pennit and include the required setback with the formula calculations and an elevation or cross- section clearly identifying the height of the solar producing point from natural grade. 29) Individual lot coverage calculations including all impervious surfaces shall be submitted with the building pennits. Impervious driveway and parking areas shall be counted as pervious surfaces for the purpose of lot coverage calculations. 30) That all homes shall qualify in the Ashland Earth Advantage program in accordance with 18.88.040.B.3.a The applicant shall meet with the Ashland Conservation Division regarding eligible site activities prior to issuance of an excavation pemiit. The required Earth Advantage docwnentation shall be submitted with each building permit application. 31) That fencing shall not be installed around the perimeter of the preserved wetland in the western open space. 32) That iflot 18, the lot containing the existing residence and indoor pool (Helman Baths), is partitioned or divided in the future, the application shall be required to be processed as an amendment to the subdivision. In accordance with this subdivision approval, any new lots created from lot 18 shall be required to construct conservation housing to meet density bonus requirements in accordance with 18.88.040.B.3.a and shall participate in the homeowners t#i~ P A #2006-00078 July 11, 2006 Page 9 ': l...i (.7, f association. 33) The Property includes a wellhead and associated spring adjacent to Lots 13 and 14 on the outline plan, and serving the existing pool on Lot 18. In connection with final plan approval, the wellhead and land immediately surrounding it shall be dedicated as common area for the benefit of the subdivision's homeowners' association. Prior to final plan approval, the Applicant shall submit a form. of conservation easement or deed restriction for review and approval of the Ashland Legal and Planning Departments designed to protect, in perpetuity, the wellhead as an existing and the associated spring as a natural feature of the property. The beneficiary of the conservation easement or deed restriction shall be the subdivision's homeowners' association, which shall be entitled to enforce its terms. The temis shall include provisions allowing the homeowners' association to enhance ,the well in the future, subject to compliance with all laws then in effect. The tenns shall also prevent the homeowners' association or any future owner from capping, degrading or destroying the wellhead. Applicant may record an irrevocable license and concurrent easement for the benefit of Lot 18, for the purpose of allowing the owner of Lot 18 and her successors in interest to continue receiving water flow from the well in an amount roughly consistent with the current amount of water used to serve the existing pool on Lot 18. Under the terms of the irrevocable license, easement, and conservation easement or deed restriction, the homeowners' association will be permitted to make all lawful use of the well located in the common area for the benefit of the subdivision's residents, provided such use does not unreasonably interfere with the concurrent right of Lot 18 to continue to receive water from the well in an amount similarto the aniount currently utilized to Serve the existing pooll<>cated on Lot 18. In connection with final plan. approval, 'the appliCant shall design and install a water feature in the common area where the wellhead is..IOcated, to be Served by water from the well, for the benefit of the members of the subdivision's homeowners' association. That an instrument such as a maintenance agreement shall be included with the easement or deed restriction which would address responsibility of maintenance of the wellhead. That if Lot 18 is partitioned or divided in the future, the firSt right of access to uSe the Spring shall be offered to the homeowners' association. 34) That the Final Plan application include a determination ofwbether a pennit is needed from the Oregon Water Resources Department (OWRD) to use the spring accessed by the wellhead which feeds the pool on Lot 18. Ita permit is required, evidence ofpennit approval and issuance shall be ed to the Planning Division prior to recording some form. of conservation easement or . ction r e spring and wellhead, and prior to signature of the final survey plat. ~Jj-~t)f Date I r P A #2006-00078 July 11, 2006 Page 10 ,..-"" /. _a. BEFORE THE CITY COUNCIL CITY OF ASHLAND, JACKSON COUNTY, OREGON January 2, 2007 In the Matter of an Appeal of Planning Action 2006-00078, Request for an Outline Plan approval under the Perfonnance Standards Option Chapter 18.88 for an I8-unit single-family residential subdivision for the property located at 247 Otis St. Also an Exception to the Street Standards is requested to allow curbside sidewalk in sections of the Otis and Randy Street frontages to preserve trees, wetlands and the existing residence, said project being situated on real property located at 247 Otis Street, within the Cify of Ashland, Jackson County, Oregon. Applicant: Sage Development LLC. ) ) ) ) FINDINGS OF FACT ) CONCLUSIONS OF LAW ) AND ORDER ) ) ) I. NATURE OF PROCEEDINGS This matter comes before the City Council for the City of Ashland for a de novo appeal hearing. The appeal is from an August 22, 2006 decision of the City of Ashland Planning Commission approving inter alia a request for an outline plan approval and exception to street standards on the subject property located at 247 Otis Street. A mandatory pre-application conference was held on October 26,2005. The application for outline plan approval and exception to street standards was filed by the applicant with the Planning Department on January 13,2006. The application was deemed incomplete on February 6, 2006. Additional materials were submitted by the applicant and the application was deemed completed on February 16, 2006. The applicant requested City grant "Outline Plan" approval for an 18-unit single-family residential subdivision under City's "Perfonnance Standards Options." The relevant criteria are found in City's "Ashland Land Use Ordinance" ("ALUO"), Chapter 18.88. Notification of the public hearing before the Planning Commission on March 14,2006, was mailed, pursuant to Chapter 18, Ashland Land Use Ordinance to area property owners and affected public agencies. Notice of the March 14, 2006, appeal hearing was also published in the Ashland Daily Tidings. On March 14, 2006, the Planning Commission conducted a public hearing and considered the oral and written testimony presented, the staff report and the record as a whole. The application was continued thru the public hearing process before the Planning Commission on June 13,2006, June 27, 2006, and July 11,2006. During the public hearings COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LA W AND ORDER Page -1- before City's Planning Commission, testimony was received and exhibits were presented. On July 11,2006, after the close of the public hearing process and the close of the record, the City's Planning Commission deliberated and approved the application, subject to conditions pertaining to appropriate development of the Property. On August 22,2006, the Findings, Conclusions, and Orders of City's Planning Commission were duly signed by the Chairperson of City's Planning Commission. The Planning Commission's findings are attached hereto as Exhibit "A" and are specifically incorporated herein and made a part hereof by this reference. (In the event of conflict between the Planning Commission findings and Council findings, Council findings control). On September 8, 2006, Appellants (opponents of the project) filed an appeal to the City Council under ALVO 18.108.110, thereby appealing the Findings, Conclusions, and Orders of City's Planning Commission. The Applicant also appealed. (For consistency in this document, "appellants" will only refer to the opponents, not the applicant.) The stated reason for the appeal included alleged procedural errors before the Planning Commission, as well as allegations that because water naturally entered the pool it was an existing and natural feature which required identification and inclusion in open space. Notification of the public hearing before the City Council was mailed on September 27, 2006, pursuant to ALVO to area property owners and affected public agencies. Notice of the appeal hearing was also published in the Ashland Daily Tidings on October 4,2006. On October 17, 2006, the City Council conducted a public hearing in the City Council chambers; during the public hearing before the Council, testimony and exhibits were offered and received, in addition to the exhibits and documents reflected in the record before Council. On October 17, 2006, after the opponents had completed their testimony, the hearing was continued to November 7, 2006. The November 7, 2006, continued hearing also started with the opponents. The Council completed the public hearing on November 7, 2006; however, at the request of opponents, the Council left the record open for seven days, until November 15,2006. Materials were submitted by opponents while the record was open. The record was then closed. Final written argument was submitted by the applicant on December 20, 2006. Deliberations were held at a public meeting on December 5,2006. The Council deliberated and approved the application in file 2006-00078, with conditions. The Council's action denied the appeal and generally upheld the Findings, Conclusions, and Orders of the Planning Commission, with some modifications as set forth below. Based upon the evidence in the record, the Council makes' the following findings of fact and conclusions of law: II. FINDINGS OF FACT 1) The Nature of Proceedings set forth above are true and correct and are incorporated herein by this reference. 2) The subject of Planning Action # 2006-00078 is real property located within the City of Ashland ("City"), and described in the County Tax Assessor's maps as 39-1E-04BC, Tax Lot 400 (the "Property"). The street address of the Property is 247 Otis Street, Ashland, Oregon, COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Page -2- 97520. 3) The zoning of the Property is "R-I-5-P" (single family residential). 4) The applicant in Planning Action # 2006-00078 is Sage Development, LLC ("Applicant). III. FINDINGS APPLYING APPLICABLE CODE CRITERIA I) The Council finds and determines that the relevant approval criteria are found in or referenced in ALVO Chapter 18.88, including but not limited to Outline Plan Approval criteria and Exception to Street Standards criteria. 2) The Council finds that it has received all information necessary to make a decision based on the Staff Report, public hearing testimony and the exhibits received. 3) The Council finds and determines that this proposal to develop an 18-Wlit single-family residential subdivision meets all applicable criteria for an Outline Plan approval described or referenced in the ALVO Chapter 18.88, entitled "Performance Standards Options," and that the proposed use of a curbside sidewalk for sections of the Otis and Randy street frontages to preserve mature trees, wetlands and the existing residence at 247 Otis Street meets all applicable criteria for an Exception to the Street Standards in Chapter 18.88. This fmding is supported by the detailed findings set forth herein, the detailed fmdings of the Ashland Planning Corrunission, specifically incorporated herein by this reference, as well as by competent substantial evidence in the whole record. 4) Criterion: [ALVO 18.88.030.A.4.a.] ... That the development meets all applicable ordinance requirements of the City of Ashland. The Council finds and determines that this criterion is a general reference to all the mandatory requirements for outline plan approval identified herein and other applicable criterion in the Ashland Land Vse Ordinance. The Council finds that the development meets all applicable ordinance requirements of the City of Ashland. Sheet S-1 date stamped May 19,2006, delineates the proposed building envelopes, setbacks, solar setbacks and driveway locations. The setbacks on the perimeter of the subdivision and for the front yards are required to meet the standard setback requirements of the Single-Family Residential zoning district, and the proposal meets this requirement. The solar setbacks are addressed as required, but the final determination is made at the building permit submittal. Finally, the driveway aprons are separated by 24 feet as required in the street standards. The proposed subdivision meets the on-site parking ordinance requirements. In addition to the two off-street parking spaces that are required for each unit, one on-street space is required for each unit. There are parking spaces available on the new street as well as the Randy and Otis street frontages, and the on-street parking requirement is easily satisfied with over 60 on-street spaces identified in the application submittals. Based on the:: dt:lailt:d findings st:l forlh herein, the detailed fmdings of the Ashland Planning Commission, specifically incorporated COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Page -3- herein by this reference, as well as by cempetent substantial evidence in the whele recerd, the Ceuncil finds and determines that this criterien is met. 5) Criterien: [ALVO 18.88.030.A.4.b.] ... That adequate key City facilities can be provided including water, sewer, paved access to and through the development, electricity, urban storm drainage, police and fire protection and adequate transportation; and that the development will not cause a City facility to operate beyond capacity. This criterien cencerns the adequacy ef key facilities relative to. the impact ef the preposed develepment. The requirement is net necessarily that the facilities are currently in place, but that they can be previded. The Co.uncil finds that adequate key City facilities can be provided to. serve the preject including water, sewer, paved access to. and thro.ugh the develepment, electricity, urban sterm drainage, police and fire pretectien and adequate transpo.rtatien; and that the develepment will net cause a City facility to. eperate beyend capacity. The recerd reflects that adequate facilities are available as the project is lecated in an area that is already develeped with sewer and ether utility imprevements. Water, sanitary sewer, sterm sewer and electric services are available from Otis Street and will cennect threugh the site to. the existing system in Randy Street. Paved access is previded by Randy and Otis streets, as well as by the proposed new street running threugh the site. It is feasible to. censtruct the internal street improvements. [R-164] Primary access to. the neighborheed is by way efNerth Laurel Street which is classified as an A venue (majer cellecter). Randy and Otis streets, as well as the new street in the subdivisien, are classified as Neighberheed Streets. A Traffic Impact Study was prepared fer the preject and projects that the intersectiens surreunding the site invelving Randy, Otis, Willo.w, Drager and No.rth Laurel streets will centinue to. eperate at acceptable levels with build eut ef the prepesed preject. [R-245][R-370] Also., as regards adequate transportatien facilities, the primary pedestrian attracto.rs in the neighbo.rhood are Helman School, the deg park and the Bear Creek Greenway. Sidewalks are in place en the So.uth side efRandy Street frem the east side efLaurel Street to. Helman Street. Helman Scheo.l is located at Randy St. and Helman Street, and the deg park and greenway are at the nerthern end efHelman Street. The proposed applicatien will install sidewalks en Randy Street frem the western boundary efthe subdivisien to. the intersectien efRandy Street and Laurel Street. In additien, a pedestrian easement is previded en Let 18 cennecting the new street to. Randy Street. This multi-use path will previde a direct route fer pedestrians and bicyclists frem the interier ef the subdivisien to. Randy Street. The Ceuncil cencurs with the Planning Cemmissien that the mo.st likely reute that residents ef the proposed subdivisien weuld take to. Helman Scheel and further nerth to. the deg park and greenway weuld be this direct route threugh Lot 18 and the no.rtheastern epen space to. the new sidewalk en Randy Street. Pedestrians weuld then cro.ss at the intersectien ef Randy Street and Laurel Street to. the existing sidewalk o.n the seuth side of Randy that links to. Helman Scho.el and Helman Street. New public sidewalks will alSo. be installed en the Otis Street frentage, and o.n both sides ef the preposed new street running threugh the subdivision. The Co.uncil further finds and determines that the majer means ef vehicular access to. this subdivisien is frem Randy and Otis streets. Randy and Otis will be fully improved to. City COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Page -4- standards with the installation of sidewalks, accordingly, ALVO 18.80.020(B)(7) is also satisfied. Contrary to appellants assertion that all streets must be improved, the Code expressly requires only major access streets be improved to City standard. Based on the detailed findings set forth herein, the detailed fmdings of the Ashland Planning Commission, specifically incorporated herein by this reference, as well as by competent substantial evidence in the whole record, the Council finds and determines that this criterion is met, or can be met with the imposition of conditions. The above is subject to condition of approval # 36 below. 6) Criterion: [ALVO 18.88.030.A.4.c.) ... That the existing and natural features of the land; such as wetlands, floodplain corridors, ponds, large trees, rock outcroppings, etc., have been identified in the plan of development and significant features have been included in the open space, common areas, and unbuildable areas. The Council finds and determines that ALVO 18.88.030.A.4.c. requires the identification of features of the land that are both existing and natural and that entirely human-made features are not encompassed by this criterion. Nevertheless, the alteration of existing and natural features of the land, including the addition of human-made features does not disqualify such natural features from protection if such features remain significant. More importantly, the Council finds and determines that ALVO 18.88.030.A.4.c. requires the preservation of significant existing and natural features of the land. Features are "significant" if they are important and meaningful ecological resources. To the extent opponents argue that human-made features of the land fall within the protection of this criterion (under the term 'existing') that interpretation of the Code is expressly rejected. Features must be both existing and natural. The statutory interpretation rule of ejustem generis supports this interpretation of features as being those consistent with the list. The ejustem generis rule limits the general words "such as" to only those things of the same general kind or class as those specifically listed. In addition, case law (e.g. concerning variance standards) often interprets the phrase "features of the land" as including only natural features and 0<11: human-made features. Accordingly, the Council finds and determines that all trees, geothermal water, geothermal springs and wetlands identified on the applicant's Outline Plan are existing and natural features. The City Council further finds and determines that the following existing and natural features are significant: All trees not planned for removal and all wetlands and geothermal water and geothermal springs not planned for alteration and mitigation in accordance with State of Oregon permits, as shown on the Outline Plan. Specifically, the property's water source as encompassed and contained with the wellhead is a significant natural feature. The alteration of the feature by the addition of the wellhead structure does not disqualify this existing and natural feature from protection as significant. However, the existing and natural feature within the pool, (spring openings) are not deemed significant and need not be included in common area. The Council finds and determines, consistent with the Planning Commission findings, that the water source, the wellhead and associated spring, and to an extent, the water itself is the significant feature and shall be preserved in common areas. Accordingly, all the above-identified significant existing and natural features either are contained in common areas as shown on proposed plan or shall be contained in common areas, open spaces or unbuildable areas. The Council finds and determines that "unbuildable areas" for purposes of Chapter 18.88 are areas within open space common areas and also not within building envelopes for permitted COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Page -5- construction in such open space common areas. As a condition of approval, the applicant shall submit a revised site plan which clearly delineates and shows the significant existing and natural features including but not limited to the wellhead, and tree no. 13, in open space areas to be dedicated to the homeowners association. This appears as condition of approval #35 below. Also, as proposed by the applicant and addressed in condition of approval 33, the Final Plan application for the proposed subdivision will include the wellhead and a water feature (as further defined in the conditions) served by the associated spring from the well in a common area for the subdivision. Additionally, a conservation easement or deed restriction will be used to protect the wellhead and associated spring in perpetuity. The maintenance of the open spaces and common areas, and the existing and natural features to be preserved as described above will be addressed in the covenants, codes and restrictions for the homeowners association. Based on the detailed findings set forth herein, the detailed findings of the Ashland Planning Commission, specifically incorporated herein by this reference, as well as by competent substantial evidence in the whole record, and subject to conditions of approval, the Council finds and determines that this criterion is met. 7) Criterion: [ALVa 18.88.030.A.4.d.] ... That the development of the land will not prevent land from being developed for the uses shown in the Comprehensive Plan. The Council finds and determines that development of the land will not prevent adjacent land from being developed for the uses shown in the Comprehensive Plan. The subject parcel as well as the surrounding properties and neighborhood are located in the R-l-S Single-Family Residential district. The subject property is an oversized parcel in the middle of a block that has single-family lots adjacent to the eastern and western property boundaries. The properties directly adjacent to the east and west of the site as well as the larger neighborhood in the area are developed as single-family homes. Based on the detailed findings set forth herein, the detailed fmdings of the Ashland Planning Commission, specifically incorporated herein by this reference, as well as by competent substantial evidence in the whole record, the Council fmds and determines that this criterion is met. 8) Criterion: [ALVa 18.88.030.A.4.e.] ... That there are adequate provisions for the maintenance of open space and common areas, if required or provided, and that if developments are done in phases that the early phases have the same or higher ratio of amenities as proposed in' the entire project. The application materials indicate a homeowners association will be established to provide for maintenance of the open spaces and common areas, and the protection of existing and natural features to be preserved. [R-16S] Wetland areas are subject to State of Oregon and Army Corps enhancement requirements which include regular maintenance. Until turnover of common areas to the Association, the common areas must be maintained by the owner/developer. Based on the detailed findings set forth herein, the detailed findings of the Ashland Planning Commission, specifically incorporated herein by this reference, as COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Page -6- well as by competent substantial evidence in the whole record, and subject to conditions of approval, the Council fmds and determines that this criterion is met. 9) Criterion: [ALVO 18.88.030.A.4.f.] ... That the proposed density meets the base and bonus density standards established under this Chapter. The Council fmds and determines that the density meets the base density standards established under the Performance Standards Options for the Single-Family Residential (R-l- 5- P) zone. The property's R -1 zoning designation and lot area of 4.34 acres permit a base density of 19.53 units (4.34 acres @ 4.5 units/acre = 19.53 units). The application states the conservation density bonus will be used, which would increase the number of possible units to 22 (19.53 units x .15 conservation density bonus = 2.92 units). Eighteen units are proposed including 17 new homes and one large lot which will contain the existing home and indoor pool. Based on the detailed findings set forth herein, the detailed findings of the Ashland Planning Commission, specifically incorporated herein by this reference, as well as by competent substantial evidence in the whole record, the Council fmds and determines that this criterion is met. 10) Criterion: [ALVO l8.88.030.A.4.g.] ... The development complies with the Street Standards. Development is proposed to comply with the street standards as provided in l8.88.020K, except as provided in the exception to Street Standards preserve existing trees and wetlands. [R-165][R- 167]. The findings of compliance with street standards and exceptions as set forth in the record at R-167 thru R169 are specifically incorporated herein by this reference. Based on the detailed findings set forth herein, the detailed fmdings of the Ashland Planning Commission, specifically incorporated herein by this reference, as well as by competent substantial evidence in the whole record, the Council fmds and determines that this criterion is met. (See also supportive findings set forth below) 11) Criterion: [ALVO 1.88.050.F.] An exception to the Street Standards is not subject to the variance requirements of Section 18.100 and may be granted with respect to Street Standards in 18.88.050 if all of the following circumstances are found to exist: A. There is demonstrable difficulty in meeting the specific requirements of this chapter due to a unique or unusual aspect of the site or proposed use of the site. B. The variance will result in equal or superior transportation facilities and connectivity; C. The variance is the minimum necessary to alleviate the difficulty; and D. The variance is consistent with the stated Purpose and Intent of the Performance Standards Option Chapter. 18.88.010 Purpose and Intent. The purpose and intent of this Chapter is to allow an option for more flexible design than is permissible under the conventional zoning COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LA W AND ORDER Page -7- I'"., -- codes. The design should stress energy efficiency, architectural creativity and innovation, use the natural features of the landscape to their greatest advantage, provide a quality of life equal to or greater than that provided in developments built under the standard zoning codes, be aesthetically pleasing, provide for more efficient land use, and reduce the impact of development on the natural environment and neighborhood. The Council finds and determines that the proposal to use a curbside sidewalk for sections of the Otis and Randy Street frontages to preserve mature trees, wetlands and the historic home meets the applicable criteria for an Exception to the Street Standards in Chapter 18.88. On the Otis Street frontage, the proposal is to curve the sidewalk around three trees using a curbside sidewalk. On the Randy Street frontage, the proposal is to use a curbside sidewalk along the length of the frontage to preserve the wetlands adjacent to the street, preserve the historic home at 247 Otis which is immediately adjacent to the street right-of-way, and to further protect the large stature trees in the northeastern comer of the property. The installation of the required sidewalk and parkrow improvement includes a seven-foot wide parkrow between the curb and the sidewalk. If the parkrow were installed on the Otis Street frontage the 43-inch diameter at breast height (dbh) Monterrey Cypress, 47-inch dbh Weeping Willow and the 38-inch dbh White Mulberry (trees 4, 5 and 6 respectively on the Tree Inventory Plan) would need to be removed because the sidewalk would be located where the trunks of the trees currently are sited. If the parkrow were installed on the Randy Street frontage, the sidewalk would intrude into the wetlands in the western portion of the site, would intrude into the wetlands to the west of the pool house, would require removal of a portion of the historic house, and would intrude into the driplines of two Sugar Maples 38-inch and 30-inch dbh (trees 22 and 24 respectively on the Tree. . Inventory Plan). These existing natural features (wetlands and trees) are "unique or unusual" aspects of the site which make compliance with the specific requirements of the street standards difficult. In addition, while it is possible to remove the trees and build the sidewalk in the wetlands, the Commission found and the Council concurs with the finding that preservation of trees and wetlands is consistent with the purposes of the Performance Standards Option Chapter to reduce the impact on the natural environment. Accordingly, while the curbside sidewalk is not the required pedestrian facility under' the Ashland Street Standards, the preservation of the natural features must be balanced with providing safe, convenient and attractive walkways. The curbside sidewalks in the sections of Otis Street and on the Randy Street frontage will also provide a safe and direct pedestrian connection to the east of the subdivision which is equal to or superior to that required by the street standards. The sections of proposed curbside sidewalk have been minimized and a parkrow has been included in areas not impacted by natural features and the historic home, which addresses the requirement that the variance be the minimum necessary to address the difficulty. Finally, the sidewalk design is consistent with the purpose and intent ofthe Performance Standards Options Chapter 18.88 in that is allowing an option for a more flexible design for the pedestrian corridor to use the natural features of the landscape to their greatest advantage. Based on the detailed findings set forth herein, the detailed findings of the Ashland Planning Commission, specifically incorporated herein by this reference, as well as by COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Page -8- / ' , competent substantial evidence in the whole record, the Council finds and determines that this criterion is met. IV. OTHER ALLEGATIONS BY APPELLANTS Alleged Conflict of Interest Appellants (opponents) raise the issue of an actual conflict of interest on the part of Councilor Amarotico. The Council finds and determines that Councilor Amarotico had only a potential conflict of interest and accordingly the hearing body was impartial. As a preliminary matter at the commencement of the October 17, 2006 hearing, Councilor Amarotico properly disclosed a potential conflict of interest, namely that his brother lives on the opposite side of the street from the property subject to the current application. Although the full City Council could challenge the Councilor's declaration pursuant to ALUO Section 18.1 08.1 OO(B), the Council did not challenge the Councilor's declaration. During the course of the proceeding legal counsel explained the conflict was a potential conflict because the effect of the decision could be to the private pecuniary benefit or detriment of the Councilor's relative. In order for this property ownership to be an actual conflict of interest, the decision would have to be to the private pecuniary benefit or detriment to the Councilor's brother. It cannot be said that official action "definitely would" have an effect. It was mentioned that one of the examples used by GSPC of a potential conflict of interest is ownership of property by a Planning Commissioner adjacent to a parcel under consideration for a conditional use permit. Accordingly, the Councilor's potential conflict did not require abstention from participation or voting. Councilor Amarotico participated in the hearing and in the tentative oral decision. However, the Councilor's term ended before the adoption of this final written decision. No challenges by participants were made against Council members orally or in writing prior to or during the October 17, 2006, hearing. On October 17, 2006, after the opponents had completed their testimony, the hearing was continued to November. 7, 2006. The November 7, 2006, continued hearing also started with the opponents. Prior to opponents testimony, an opponent shouted that Councilor Amarotico had an actual conflict of interest. After restating the potential conflict, the Councilor then agreed with the following statement of impartiality: "I have not prejudged this application and I am not prejudiced or biased by my prior contacts or involvement; I will make this decision based solely on the application of the relevant criteria and standards to the facts and evidence in the record of this proceeding." The opponent was directed to address the matter when he was called to speak. He did speak moments later but did not address the conflict allegation. The Council completed the public hearing on November 7,2006; however, at the request of opponents, the Council left the record open for seven days, until November 15, 2006. Materials were submitted by opponents while the record was open; however, again, there was no factual challenge to Councilor Amarotico. At deliberations, during preliminary matters an opponent indicated on the speaker request form that COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Page -9- he wished to address an alleged conflict of interest. He was directed .to write the allegations down on the form and deliver it to the clerk. The Council took a break from the application to facilitate this writing. The opponent refused to write down any factual challenge, only writing that he objected to having to write down his challenge. The opponent wanted to orally address the Council during deliberations. The Council refused, finding the opponent had numerous opportunities to make a factual challenge and had utterly failed to do so. The Council finds and determines that every participant is entitled to an impartial decision maker; however allegations of bias or conflict of interest must be accompanied by factual assertions sufficient to give the member and the Council the opportunity to address the matter. The Council further finds that unsupported allegations are irrelevant and prejudicial to the hearing process and to individual Council members; no participant has the right to disrupt the public hearing, cross examine Council members, or to participate in deliberations under the guise of a conflict of interest or bias challenge. Alleged Procedural Error before the Planning Commission Appellants (opponents) raise the issue of procedural errors before the Planning Commission. The Council finds and determines that alleged procedural errors before the Planning Commission are irrelevant to the Council's de novo consideration of the matter. The Council finds and determines that most allegations of Planning Commission error are simply disagreements over language choices in the Planning Commission findings. These language issues have no real bearing on compliance with code criterion and are not critical to the City's decision; they are mere surplusage. Cotter v. City of Portland, 46 Or LUBA 612 (2004). Further, no alleged error has been shown to so control or taint the Council's decision so as to prejudice the rights of the parties. Pfahl v. City of Depoe Bay, 16 Or. LUBA 796 (1988). Alleged "traffic mitigation" errors Appellants (opponents) assert that the Planning Commission erred in not imposing: (1) a condition of approval for all access streets to be upgraded to city standards and (2) a condition of approval requiring the developer to share the expense of street improvement costs as traffic mitigation costs. As noted in findings above under ALUO 18.88.030.A.4.b, the appellants disagree with the level of street improvement exactions imposed on this 18 lot subdivision and in asking for all streets to be improved request an interpretation of ALUa 18.80.020(B)(7) which ignores the word "major" The Council declines to interpret the Code to require that all streets be fully improved to City standard as inconsistent with the language of the code and with constitutional principles governing the imposition of exactions. To address the second allegation of error, Applicant and Appellants negotiated imposition of the following conditions: COUNCIL FINI>INGS OF FACT, CONCLUSIONS OF LAW AND ORDER Page -10- (1) Council shall establish, on an expedited and timely basis, its new policy regarding the . appropriate use of LID approval conditions and non-remonstrance agreements or other options to mitigate subdivision traffic impact. (2) As part of final plan approval, based on a plan submitted by PD staff and/or applicant, PC shall require mitigation of traffic impact as an approval condition within guidelines of council's new traffic mitigation policy. Appellants (opponents) also submitted an incomplete petition alleging 95% community support for this consensus position. As regards the alleged popularity of the proposed consensus conditions, the Council finds and determines that no approval criterion for this outline plan approval requires popularity of proposed conditions of approval for imposition. Nor is consensus between the applicant and appellants required for imposition of conditions of approval. The Council has not delegated quasi-judicial decision making authority to informal neighbourhood petitioning or negotiated agreements between applicants and appellants. The Council further finds that proposed conditions of approval requiring the City Council to perform discretionary legislative acts or policy making are inappropriate in quasi-judicial proceedings. The Council finds it improper and contrary to public policy for appellants to use quasi-judicial proceedings to coerce applicants into conditions of approval which have little or no bearing on the merits of the individual application. Conditions of approval must relate to achieving compliance with code criterion. The ALVa, Section 18.68.150, requires imposition of a condition concerning LID nonremonstrance on streets with some traffic impact, (in this case Laurel Street) and such a condition is imposed in condition 36 below. The Council further finds that there is no constitutional infirmity or conflict between the LID remonstrance provisions of ALva and the LID provisions of Chapter 13 of the Ashland Municipal Code. The provisions when read together are consistent with the requirements set forth by the Court in Larsson v. City of Lake Oswego, 26 Or LVBA 515, 522, aff'd 127 Or App 647, (1994). The Council further finds that there is no error in the applicant proposing and the Council agreeing to re-review the. impacts of the proposed development to determine compliance with code criterion again at final plan approval provided such review and imposition of exactions, if any, is consistent with a constitutionally required individualized determination of the impact of the development as related to the exaction. This condition is set forth in condition 37. Alleged improper discussions and alleged right to rebut proposed conditions Appellants (opponents) object to testimony in the record indicating appellant agreed to anything other than the consensus language. Further appellants object to the fact legal counsel for the city spoke to legal counsel for the applicant that conditions of approval imposing exactions necessarily must be limited by case law applicable to exactions, specifically Dolan. Appellant asserts he is entitled to review and rebut any proposed condition. The Council finds and determines that there is no error in legal counsel for the City discussing the project with legal counsel for the applicant. Legal counsel is not the quasi-judicial decision maker; accordingly there is no ex parte contact and any alleged attorney bias is irrelevant. Torgeson v. City of Canby, 19 Or LUBA 511 (1990). (alleged city attorney bias irrelevant) The Council finds that there is COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Page -))- no impropriety in staff discussions with parties, and further the Council finds and determines that no indirect ex parte contact - thru staff- has occurred. The Applicant's final written argument clearly reiterates: "Allow me to restate our position that any requirement fairly imposed to the development of Street Improvements will be accepted" (emphasis added) Clearly the Applicant has not indicated willingness to accept only the appellant's proposed condition. Finally, parties have no right to rebut the legal advice of staff or legal counsel, or to participate in deliberations such as the development of proposing findings and conditions to address the evidence in the record. Linebarger v. City of the Dalles, 24 Or LUBA 91, 93 (1992); Dic/cas v. City of Beaverton, 92 Or App 168, 172-73, 757 P2d 451 (1988). Thornton v. St. Helens, 31 Or. LUBA 287 (1996). Arlington Heights Homeowners v. City of Portland, 41 Or LUBA 560, 565 (2001) (opponents have no right to review or rebut proposed findings prior to their adoption). Alleged error in findings indicating agreement. Appellants (opponents) allege it is error to indicate that applicant agrees to a condition of approval. The Council finds and determines that there is no error if findings indicate whether the applicant or others agreed to a condition of approval. Findings essentially require applicable law, relevant material facts, and an analysis of whether the facts as applied to the law demonstrate compliance or non-compliance. Findings must also be supported with competent evidence in the record. Certainly findings of aweement as regards compliance or as regards conditions of approval do not substitute for the required findings analysis. It may be that such findings (about who agrees to what) will be found to be surplusage but not in all cases. When an applicant presents plans or materials to the decision maker and agrees to comply with such plans to overcome non-compliance and obtain approval, it is relevant to the decision and appropriate findings will indicate that the applicant agreed and is bound by the plans, whether or not they are incorporated as conditions of approval. Perry v. Yamhill County, 26 Or L UBA 73, 87 (1993), affd 125 Or App 588 (1993), Alleged improper delegation in condition of approval. Appellants (opponents) allege it is improper to allow in the condition of approval for the conservation easement being reviewed and approved by staff and legal counsel as to form. The Council finds and determines that delegations for technical compliance are entIrely appropriate. See Rhvne v. Multnomah County. 23 Or LUBA 442. 447 (1992) (local government may condition permit approval to allow for a future technical review so long as the government first makes all discretionary determinations of compliance during a stage where statutory notice and hearing requirements are observed). If the conservation easement is granted to the City, a public hearing is also required by state law. COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Page-12- Alleged error as to matters in the record. Appellant's (opponent's) submission requests that the record include videos of the Planning Commission meetings where this application or the general issue of development access streets and LID policy was discussed, including specifically identified dates. No actual videos or tapes of such meetings were submitted while the record was open nor where they specifically incorporated into the record by the governing bodyo' The Council finds and detennines that these items are not included in the record according to LUBA rules [OAR 661-010-0025(l)(b) OAR 661-01 0-0025( 1)( c) ] Nash v. City of Medford, 48 OR LUBA 647 (2004) ( mere references to a document, without more, are not sufficient to make the document a part of the record). Hillsboro Neigh. Dev. Comm. V City of Hillsboro, 15 Or LUBA 628, 629 (1987). Alleged procedural error in allowing new facts to come in during staff questioning. Appellants (opponents) allege error in allowing staff to introduce new facts. The Council finds and determines that there was no error if during staff questioning while the record was open, staff presented facts not already in the record. Opponents and appellants were both invited to the podium after staff spoke to rebut any new facts and the parties took advantage of this opportunity. In addition, the record was left open pursuant to ORS 197. 763( 6)( c) to permit any participant to submit additional testimony, argument, or evidence. Alleged procedural error in allowing final written argument. Appellants (opponents) allege error in allowing final written argument. The Oregon Legislature provided applicants the right to final written argument after the close of the record in ORS 197.763(6)(e). Appellants claim the right to rebut any argument. As with rebuttal, the party with the burden of proof goes last. There was no error in permitting' the applicant to submit final written argument consistent with ORS 197.763(60(e). Alleged procedural error in asking for l20-day extension Appellants (opponents) assert Applicant was coerced into an extension of the 120-day rule. The Applicant has not made such a complaint; appellant would have no standing to file a 120-day mandamus action. The procedure of asking the applicant if they agree to a continuance or to leave the record open is simply to take advantage of the language of ORS 197.763(6)(d) which excludes such delays from the 120-day rule "if requested or agreed to by the applicant." The Council finds and determines that there was no error, and no prejudice to appellants, in asking the applicant if they consent to leaving the record open. Applicant's right to include appellants in applicant's presentation COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Page -13- Finally, the appellants (opponents) argue that procedural error occurred because the Applicant wasn't allowed to bring the appellants to the table during her presentation. The applicant is not asserting this error. Appellants claim also that Applicant did participate with them later, and assert that Applicant was given an unfair advantage. The order of proceedings is not decided by appellants but by the presiding officer and the Code. There is no procedural error; even if there was an error the record was left open for additional testimony argument and evidence. Appellants took advantage of the additional opportunity. The Council finds and determines there was no procedural error and that no party was prejudiced by the. order of proceedings. v. ORDER In sum, the City Council concludes that the proposal represented in Planning Action 2006-00078 to develop an I8-unit single-family residential subdivision and to install a curbside sidewalk on the Otis and Randy street frontages to preserve mature trees, wetlands and the home at 247 Otis Street is in compliance with all applicable approval criterion. Accordingly, based on the above Findings of Fact and Conclusions of Law, and based upon the evidence in the whole record, the City Council hereby APPROVES Planning Action #2006- 00078, subject to strict compliance with the conditions of approval, set forth herein. Further, if anyone or more of the conditions below are found to be invalid, for any reason whatsoever, then Planning Action #2006-00078 is denied. The following are the conditions and they are attached to the approval: I) That all proposals of the applicant are conditions of approval unless otherwise modified here. 2) That all easement for sewer, water, electric and streets shall be indicated on the Final Plan application as required by the City of Ashland. 3) That a utility plan for the project shall be submitted with the Final Plan application. The utility plan shall include the location of connections to all public facilities in and adjacent to the development, including the locations of water lines and meter sizes, fire hydrants, sewer mains and services, manholes and clean- outs, storm drainage pipes and catch basins. The rerouted sanitary sewer and storm drain lines that are being relocated to the new street shall be the same size or larger than the current lines running through the site as required by the Ashland Engineering Division. Any required private or public utility easements shall be delineated on the utility plan. 4) That the Tree Protection and Removal Plan shall be revised to coordinate with the final utility plan, and shall be submitted with the Final Plan application. 5) That the storm drainage plan including the design of all on-site storm water COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Page -14- detention systems and off-site storm drain system improvements shall be submitted with the Final Plan application. The permanent maintenance of on-site storm water detention systems must be addressed through the obligations of the homeowners' association and approved by the Public Works Department and Building Division. 6) That the applicant shall submit an electric distribution plan with the Final Plan application including load calculations and locatiol)s of all primary and secondary services including transformers,. cabinets, meters and all other necessary equipment. This plan shall be reviewed and approved by the Electric Department prior to submission of the Final Plan application. Transformers and cabinets shall be located in areas least visible from streets, while considering the access needs of the Electric Department. , 7) That the required pedestrian-scaled streetlight shall consist of the City of Ashland's residential streetlight standard, and shall be included in the utility plan and engineered construction drawings for the street improvements. 8) The preliminary engineering for proposed street improvements shall be provided at Final Plan application. Street improvements shall be consistent with City of Ashland Street Local Street Standards. The sidewalk improvements on Randy Street may be constructed at the curbside to preserve the wetlands, existing home and trees. Offsite sidewalk improvements on Randy Street connecting the site to Laurel Street shall be included in the preliminary engineering. The preliminary engineering shall include multi-use path improvements for the off-street path adjacent to the wetlands and for the ofT-street path connecting the new street to and through the northeastern tree open space. 9) That the Final Plan application shall demonstrate that the driveway curb cuts are spaced at least 24-feet apart as measured between the outside edges of the apron wings of the driveway approaches in accordance with the Ashland Street Standards. 10) That the driveway for lot 14 shall be relocated so thatit does not cross the front . yard area oflot 13. II) That the Final Plan application shall delineate vision clearance areas at the intersections of streets and alleys throughout the project in accordance with 18.92.070.D. Structures, signs and vegetation in excess of two and one-half feet in height shall not be placed in the vision clearance areas. Building envelopes shall be modified accordingly on the Final Plan submittals. 12) Subdivision infrastructure improvements, including but not limited to utilities, public streets, street trees and irrigation and open space landscaping and irrigation COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Page -15- f !~>. ; . shall be installed or a bond posted for the full cost of construction prior to signature of the final survey plat. If a bond is posted for common area and open space improvements, the common area and open space improvements including but not limited to landscaping, irrigation and pathway improvements shall be installed in accordance with the approved plan prior to the issuance of the ninth building permit (halfway through the building permits for single-family homes). The project landscape architect shall inspect the common area and open space improvements for conformance with the approved plan, and shall submit a final report On the inspection and items addressed to the Ashland Planning Division. The applicant shall schedule a final inspection including the project landscape architect with the Ashland Planning Division of the common areas and open spaces prior to issuance of the ninth building permit. 13) That the street name shall be reviewed and approved by Ashland Engineering for compliance with the City's resolution for street naming. 14) That the final wetland delineation and mitigation plan shall be approved by the necessary state and federal agencies, and the necessary state and federal permits received prior to the Final Plan application. If the final wetland delineation report submitted for state and federal review differs significantly from the preliminary determination (i.e. larger area or additional wetland areas), the Outline Plan shall be modified prior to an application for Final Plan approval. 15) That the wetland mitigation plan including a grading and planting plan shall be submitted with the Final Plan application. That an engineering analysis of the water flow and potential ponding, and any potential impacts to adjacent properties shall be submitted with the Final Plan application. The engineering analysis shall address the potential to meter excess runoff to the storm drain to prevent backup of water in the wetlands. 16) That the Tree Protection and Removal Plan shall be revised in the Final Plan application to include lot 18. 17) That the recommendations of the Ashland Tree Commission, with final approval by the Staff Advisor, shall be incorporated into the Tree Protection and Removal Plan. 18) That a Verification Permit in accordance with 18.61.042.B shall be applied for and approved by the Ashland Planning Division prior to site work, storage of materials and/or the issuance of an excavation or building permit. The Verification Permit is for the installation of the tree protection fencing. The tree protection for the trees to be preserved shall be installed according to the approved Tree Protection Plan prior to site work or storage of materials. Tree protection fencing shall be chain link fencing a minimum of six feet tall and COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Page -16- , ' 19) 20) 21) 22) 23) 24) 25) installed in accordance with 18.61.200.8. That a size and species specific landscaping plan for the parkrows and open spaces shall be provided at the time of the Final Plan application. That street trees, located one per 30 feet of street frontage, shall be installed in the parkrow along street frontages as part of the subdivision infrastructure improvements. Street trees shall be chosen from the Recommended Street Tree List and shall be installed in accordance with the specifications noted in the Recommended Street Tree List. The street trees shall be irrigated. That the landscape plan at Final Plan application shall attempt to mitigate the loss of a parkrow in the areas of curbside sidewalk (i.e. adjacent to wetlands on new street, and on the Randy Street frontage) by providing street trees behind the sidewalk that will be provide a canopy over the sidewalk and street to improve the pedestrian environment, provide shade and traffic calming benefits. Fence heights within side and rear yard areas adjoining the off-street pedestrian paths from and open spaces shall not exceed four feet. Stipulations with regards to fencing shall be described in the project CC&R's. That a draft copy of the CC&R's for the homeowners association shall be provided at the time of Final Plan application. Lot 18 shall be included in the homeowners association and subject to all subdivision requirements including the Tree Protection Plan and Wetlands Mitigation Plan. (Lot 18 is expressly found not to be an existing legal lot and is therefore part of the subdivision). ,CC&R's, shall describe responsibility for the maintenance of all conimon area imd open ' space improvements, parkrows and street trees. CC&R's shall describe a system for governance of the use of the wellhead and associated spring by the subdivision residents. CC&R's shall note that any deviation from the Tree Protection Plan and Wetlands Mitigation Plan must receive written approval from the City of Ashland Planning Department. That existing building greater than 500 square feet proposed for removal shall require approval of a Demolition Permit prior to moving or demolition. That the Final Plan application shall include a lot coverage calculations in square footage and percentage for each lot. Open space area less the impervious common improvements (i.e. streets and sidewalks) and less lot 18 shall be distributed evenly across the remaining 17 residential lots. 26) The setback requirements of 18.88.070 shall be met and identified on the building permit submittals including but not limited to the required width between buildings as described in 18.88.070.D. COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Page -17- ~ e 27) That the setbacks on lot 14 shall be revised so that the front yard is opposite of the back yard in accordance with 18.08.430 in the Final Plan application. The rear yard for lot 14 shall be located as shown adjacent to the east property line to mirror the yard pattern of the existing homes to the east. 28) That all new structures shall meet Solar Setback A in accordance with Chapter 18.70 of the Ashland Land Use Ordinance. Solar setback calculations shall be submitted with each building permit and include the required setback with the formula calculations and an elevation or cross-section clearly identifying the height of the solar producing point from natural grade. 29) Individual lot coverage calculations including all impervious surfaces shall be submitted with the building permits. Impervious driveway and parking areas shall be counted as pervious surfaces for the purpose of lot coverage calculations. 30) That all homes shall qualify in the Ashland Earth Advantage program in accordance with 18.88.040.B.3.a. The applicant shall meet with the Ashland Conservation Division regarding eligible site activities prior to issuance of an excavation permit. The required Earth Advantage documentation shall be submitted with each building permit application. 31) That fencing shall not be installed around the perimeter of the preserved wetland in the western open space. 32) That if lot 18, the lot containing the existing residence and indoor pool (Helman Baths), is partitioned or divided in the future, the application shall be required to be processed as an amendment to the subdivision. In accordance with this subdivision approval, any new lots created from lot 18 shall be required to construct conservation housing to meet density bonus requirements in accordance with 18.88.040.B.3.a and shall participate in the homeowners' association. 33) The Property includes a wellhead and associated spring adjacent to Lots 13 and 14 on the outline plan, and serving the existing pool on Lot 18. In connection with final plan approval, the wellhead and land immediately surrounding it shall be dedicated as common area for the benefit of the subdivision's homeowners' association. Prior to final plan approval, the Applicant shall submit a fonn of conservation easement or deed restriction for review and approval of the Ashland Legal and Planning Departments designed to protect, in perpetuity, the wellhead as an existing and the associated spring as a natural feature of the property. The beneficiary of the conservation easement or deed restriction shall be the subdivision's homeowners' association, which shall be entitled to enforce its terms. The terms shall include provisions allowing the homeowners' association to enhance the well in the future, subject to compliance with all laws then in COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Page -]8- effect. The terms shall also prevent the homeowners' association or any future owner from capping, degrading or destroying the wellhead. Applicant may record an irrevocable license and concurrent easement for the benefit of Lot 18, for the purpose of allowing the owner of Lot 18 and her successors in interest to continue receiving water flow from the well in an amount roughly consistent with the current amount of water used to serve the existing pool on Lot 18. Under the terms of the irrevocable license, easement, and conservation easement or deed restriction, the homeowners' association will be permitted to make all lawful use of the well located in the common area for the benefit of the subdivision's residents, provided such use does not unreasonably interfere with the concurrent right of Lot 18 to continue to receive water from the well in an amount similar to the amount currently utilized to serve the existing pool located on Lot 18. In connection with final plan approval, the applicant shall design and install .a water feature in the common area where the wellhead is located, to be served by water from the well, for the benefit of the members of the subdivision's homeowners' association. That an instrument such as a maintenance agreement shall be included with the easement or deed restriction which would address responsibility of maintenance of the wellhead. That if Lot 18 is partitioned or divided in the future, the first right of access to use the spring shall be offered to the homeowners' association. As regards the water feature, applicant shall construct a water feature that (1) highlights and presents the geothermal water as a daylighted part of the open space, (not inside a building), (2) honors the historical character of the geothermal springs area, and (3) directs the features's geothermal.wat.er into the west side geothermal wetland. This condition, agreed to by the applicant, is subject to State of Oregon wetland permitting as regards numbered item (3). 34) That the Final Plan application include a determination of whether a permit is needed from the Oregon Water Resources Department (OWRD) to use the spring accessed by the wellhead which feeds the pool on Lot 18. If a permit is reqpired, evidence of permit approval and issuance shall be submitted to the Planning Division prior to recording some form of conservation easement or deed restriction for the spring and wellhead, and prior to ~ignature of the final survey plat. 35) The applicant shall submit a revised site plan which clearly delineates and shows the significant existing and natural features including but not limited to the wellhead and associated spring and tree no. 13, in open space area.s to be dedicated to the homeowners association. 36) Applicant shall execute a document as consistent with ALVO 18.68.150 agreeing to participate in their fair share costs associated with a future Local Improvement District for improvements to Laurel Street and to not remonstrate against such District. Nothing in this condition is intended to prohibit an owner/developer, their successors or assigns from exercising their rights to freedom of speech and COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LA W AND ORDER Page -]9- expression by orally objecting or participating in the LID hearing or to take advantage of any protection afforded any party by City ordinances and resolutions. 37) Applicant shall mitigate traffic impact of this 18 lot subdivision consistent with a constitutionally required individualized determination of the impact of this development in relation to any requested off-site improvements, in accordance with Ashland City Code, as may be in place at the time of application for final plan approval. Applicant has indicated acceptance of any requirement fairly imposed [related] to the development of street improvements. Ashland City Council Approval dr-w,~\~ Ma or John W. Morris Signature authorized and approved by the full Council this.d- day of January, 2007 Date: 1/~/07 { COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LA W AND ORDER Page -20- -Oregon RECEIVED Department of State Lands 775 Summer Street NE, Suite 100 Salem, OR 97301-1279 (503) 378-3805 FAX (503) 378-4844 www.oregonstatelands.us. Theodore R. Kulongoski, Governor JAN 1 8 2007 January 12, 2007 City of I>shhnd Community Deveiopment State Land Board Devian Aquirre Sage Development 2305 Ashland St Ashland, OR 97520 Theodore R. Kulongoski Governor Bill Bradbury Secretary of State Re: Wetland Delineation Report for Helman Springs Project, North of Otis St. and South of Randy St., Ashland, Jackson County, T39S R01E Sec. O4BC, Tax Lot 400, WD #06-0387; App. #37353 Randall Edwards State Treasurer Dear Mr. Aquirre: The Department of State Lands has reviewed the wetland delineation report prepared by Northwest Biological Consulting for the site referenced above. Based on the information presented in the report, site visit on December 7,2006, and additional information submitted upon request, we concur with the wetland and waterway boundaries as mapped in revised Figure A of the report. Within the parcel, 4 wetland units were identified, totaling 0.715 acres. The ditches identified are non-jurisdictional. The wetlands are subject to the permit requirements of the state Removal-Fill Law. A state permit is required for fill or excavation of 50 cubic yards or more in a wetland area. This concurrence is for purposes of the state Removal-Fill Law only. Federal or local permit requirements may apply as well. This concurrence is based on information provided to the agency. The jurisdictional determination is valid for five years from the date of this letter, unless new information necessitates a revision. Circumstances under which the Department may change a determination and procedures for renewal of an expired determination are found in OAR 141-090-0045 (available on our web site or upon request). The applicant, landowner, or agent may submit a request for reconsideration of this determination in writing within 60 calendar days of the date of this letter. Thank you for having the site evaluated. Please phone me at extension 252 if you have any questions. Sincerely, ~~ Wetlands Specialist Approved by cc: Scott English, Northwest Biological Consulting City of Ashland, Planning Department (Maps enclosed for updating LWI) Garrett Dorsey I Corps of Engineers Bob Lobdell, DSL ..- ./ G:\WWC\Wetlands\Det - WN Letters\2006\06-0387.doc @ ~o:: ~ ~o~ "5 -~ 0"Oab ~ CCCI) I - O.!!~ 0 Z<~ 0'5- )( JJ i -<(~ {!. ~ ,~ ~~ ~ U 0 g> Ci5 - N ~ ~ OCD ;w. .- 0 COm J /.~ -t: 0CD f 1':~~ 0 It- co J::~ ~N ! !/ / (; 0C") II z i! e:: ~I ~r 0 II! -- .., IJ! CO ~ Q) .S: e:: ~ ~ i 1 -- - II a Q) ,..... 1ft 0 .... 0 "': 0 0 F N ~i J ;. I!' ~ I -0 m j il II e:: c: m J co -, !j i - J' .., 0 Q) 'S; CD If ~ 0:: ! "0 II) en C/) G2 CD ! C) f ::s Q. U) >>C e:: ~ .!! w .. -- Q 'ii 'ii L- 3 == > > a. e 0 .. ... Co Q, en en Q, Q, Q cc cc I c: i co I ~ III !E N G) 105 I 1: III '0 j !. ~ I "0 - 0: III III c: :2 '0 -g -g c . - Q) D- III <( ~ ~ ~ 0) J!! e III 0 '0 lit 2' CI a !Xl Q) '0 C III 8 G) c ~ ~ C III C ii '0 ~ G) :9 )( Q) III i '0 "S.. :sz c J::. C '3 III ~ ct) ~ 0 u::: D- C :;) !Xl l- e;; L- 15 ::J a.. Df + ODD cu . . ... C) - cu -- 0 /.'1 ' u.. View TopoZo,,- Pro topographic maps, aerial photos, street maps, coordlnc UTM 10 523986E 4673711N W( , NAD83 o 0.7 1.4 2.1 2.' SCALE 1:24000 BIIBr' I -~ . ';.':.:.~.......,..... - - -.:,1.._... .'lIlIIIlIIIo_....' ~ ..... ......... ' ." 1m .10UllINTEICY~. '"' Ff;ET I - J 1 _ '--"', '- f t....._... _. ... U1'~""'"" ... AI..' HOAD LEGENo ~ 1leM...................................,..., l......_ "'........... ......,........... '.. T..oi/.. ............................. 0.......11..."'-. OIl.S H._ Os..... . ........-:::..~.. .._._.!t.- f] WlI.. ,"",r."1\I HA,. ""\'l"AC.'\' sr""llilUC" \''''.'''\1. :, ......y.....\t... 'u..... .n' '''''IV!'H. IH 11M" III 1 IlIInS. IIlI Hf,-o;TlIN. VlHGlN'" nlI'I2 .. -...... --...w _1._ ... ... .. ..... ........ .. ..... r-, I~ I I J I ...s:= . , = t=' '= . .. ,....~ . 1 . . .......... '- - -. ASHLAND,OREG PROVISIONAl EDITION 42122~TF-4I4 USGS Topographic Map , I Figure 1 Final Plan Application PA 2007-00455 r.'p~~~t - C I T YO F. 51 Winburn Way, Ashland OR 97520 A.SHLAND 541-488-5305 Fax 541-488-6006 PLANNING APPLICATION File # ~ ()()7-- m is:;- .."'\ fl 1 Date Received ~~ - ,~.,. - C . Type 1.. Filing Fee $ /903. ct:) 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. APPLICANT Name S{t5e U')".i(DfvJj';,iirf- Address E-Mail Phone (for e-maUiag Staft'Report) City Zip PROPERTY OWNER Name ~1?e, 0: "'fA of' 111 tJCr Address 230"') A-~ll {Ibl"d ~ '~f-.. /44& Phone 4 '(,f)- 1-/ /4- City Hsh I tl~1 d Zip c'll 5 2L SURVEYO~ ENGINEE~ ARCmTECT~ LANDSCAPE ARCmTECT Name ~'C'.~ j/lt2Vl(t\.~V0 Phone Address City Zip DESCRIPTION OF PROPERTY Street Address J-.47 f)-hs 9. ~[(ilt'lcL (r::. Assessor's Map No. 39 IE o4f3C Tax Lot(s) +{)D 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. OVER >> O:lcomm-<levlpIallniugIFolDIS " lfIIIdoulS\PIaaniDg Appticatioo Form.doc FINDINGS OF FACT Type your response to the appropriate zoning requirements on another sheet(s) of paper and -- - enclose it with this form. Keep in mindHyour responses must be in the form of facmal 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 information 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 be on me to establish: 1) that I produced sufficient 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 a . t e. r '8 Signature "3 [ ~ \~ l U 'Z Date As owner of the property involved in this request, I have read and understood the complete lication and its consequences to me as a property owner. ~~((LLlo{ S gnature ~. ~~ ~"'- Date NOTICE: Section 15.04.240 ::f/r:/A/iu~~--:'icipal Code prohibits the occupancy of a building 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. G:\comm-dcv\plaDlliaglForms eft HaDdoUlSIPbmniDtI Applicotion Form.doc Helman Springs Subdivision Application for Final Plan Approval Performance Standard Option ZONING: R-I-5P LOCATION: 247 OTIS STREET ASHLAND, OREGON LEGAL DESCRIPTION: 39 -IE - 04BC - TL 400 APPLICANT: SAGE DEVELOPMENT LCe. 2305 Ashland St. Ste. C446 Ashland, OR. 97520 ,"..... "'......... _J h~.. ~, c~ erlt APPLICATION FOR: FINAL PLAN - PERFORMANCE STANDARDS INCLUDES PREVIOUS APPLICATION FOR: OUTLINE PLAN - PERFORMANCE STANDARDS SINGLE FAMILY RESIDENTIAL ZONE: SUBDIVISION: PERFORMANCE STANDARDS: EXCEPTION TO STREET STANDARDS SOLAR ACCESS: TREE ORDINANCE OWNER: SAGE DEVELOPMENT LCC. 2305 Ashland St. Ste. C446 Ashland, Oregon 97520 541 488-4114 SURVEYOR: POLARIS LAND SURVEYING SHA WN KAMPMANN P.O. BOX 459 ASHLAND, OR 97520 541482-5009 PLANNER: / AGENT: KEN CAIRN SAGER LAND ARCH. KERRY KEN CAIRN 545 A STREET ASHLAND, OR 97520 541 488-3194 18.20.00 18.80.00 18.88.00 18.88.050 18:70 18:61.080 ENGINEER: THORNTON ENGINEERING JAMES PEARSON 1236 DISK DRIVE Ste. 1 MEDFORD, OR 97501 541 857-0864 ARBORIST: UPPER LIMB-IT TOM MEYERS P.O. BOX 881 ASHLAND, OR 97520 541482-3667 WETLANDS: N. W. BIOLOGICAL SCOTT ENGLISH P.O. BOX 671 ASHLAND, OR 97520 541488-1061 PROJECT DESCRIPTION - FINAL PLAN: This application is for Final Plan approval for a residential subdivision that includes 17 new single family building lots, 1 existing residential lot, and 4 open space areas that incorporate the properties wetlands and existing large trees (significant features). The existing artesian well that has been designated as a significant feature, sits within a community owned open space, in addition a water feature fed by that well with a surrounding garden area has been proposed for the open space. Lot 18 contains two larger existing buildings and their associated out buildings, one of the larger structures houses an indoor swimming pool, the other is a house. All of the existing buildings on lot 18 are to remain. The project is accessed by a new public street that is an extension of the existing Draeger Street, and a private alley that allows rear access for lots 1 through 10. The intention of this project is to develop energy efficient cottage style homes. The two large open space areas dominate this site, and provide a mature natural setting for both the residence of this development and the neighbors. There are two pedestrian connections through the site that allow for complete linear access to the wetland and the large tree Open Space. The preservation of these large natural areas makes the performance standards option of development the ideal choice for this project, allowing the transfer of a small portion some of the lost lot coverage opportunity from these open area into the individual lot development (see lot coverage calculation spread sheet, and graphically Sheet P-2). The preservation of the wetland and the maintenance of the tree area park will be written into the Covenants of this project, a home owners association will be formed to manage the maintenance of these two areas. We will be implementing standard conservation housing methodology within this development, and we will employ a portion (3%) of the density transfer allowed under this provision. This project will be privately financed and built by Sage Development LLC through a conventional debt loan. The current owners of the property are Sylvia Chambers sand Aili Eggert (deceased). The development schedule for the infrastructure of this project will follow the approval of the final plan within one year. 18.88.030 Procedure for Approval B. Final Plan. 1. Procedure for approval. Type I procedure, as defined in this Title, shall be used for approval of final plans, unless an outline plan has been filed, in which case Type II procedure shall be used, and the criteria for approval of an outline plan shall also be applied. This project constitutes a type 2 procedure because it went through an outline plan approval process. 2. The final plan may be filed in phases as approved on the outline plan. This project will not be phased and is for an 18 residential lot sub-division with four additional open space lots. 3. If the final plan or the first phase of the outline plan is not approved within eighteen (18) months from the date of the approval of the outline plan, then the approval of the plan is terminated and void and of no effect whatsoever. Extensions may be granted as a Type I procedure. Not Applicable. 4. Contents. The final plan shall contain a scale map or maps and a written docum~nt showing the following for the development: . I.'.. ) a. A topographic map showing contour intervals of five (5) feet. 2 ,~ See Sheet S-2 "Existing Features and Topographic Survey" b. Location of all thoroughfares and walks, their widths and nature of their improvements, and whether they are to be public or private. See Sheet S-1 "Proposed Subdivision site Plan" c. Road cross sections and profiles, clearly indicating the locations of final cuts and fills, and road grades. See Sheets C-l through C-12 Civil Engineering Plans d. The location, layout, and servicing of all off-street parking areas. Not applicable to this application. All parking will be garaged from private driveways or on street. On- street parking as shown on sheet P-l. e. The property boundary lines. See Sheets S-1 "Proposed Subdivision Plan", S-2 "Existing Site Features and Topographic Survey" and SV-2 "Preliminary Plat". f. The individual lot lines of each parcel that are to be created for separate ownership. See Sheet SV-2 "Preliminary Plat". g. The location of easements for water line, fire hydrants, sewer and storm sewer lines, and the location of the electric, gas, and telephone lines, telephone cable and lighting plans. See Sheet SV-2 "Preliminary Plat", and Sheet C-9 "Utility Plan". h. Landscaping and tree planting plans with the location of the existing trees and shrubs which are to be retained, and the method by which they are to be preserved. See Sheets L-l "Subdivision Planting Plan, Sheet T -1 "Tree Inventory and Protection Plan", W-4 "Wetland Planting Plan". i. Common open areas and spaces, and the particular uses intended for them. See Sheets S-1 "Proposed Subdivision Plan", and Sheet SV-2 "Preliminary Plat". j. Areas proposed to be conveyed, dedicated, reserved or used for parks, scenic ways, playgrounds, schools or public buildings. See Sheets S-1 "Proposed Subdivision Plan", and Sheet SV -2 "Preliminary Plat". k. A plan showing the following for each existing or proposed building or structure for all sites except single- family, detached housing which meets the parent zone setbacks: This project is for single-family detached dwellings that meet the parent zone. The existing structures on lot 18 are out of conformance. i. Its location on the lot and within the Planned Unit Development. ii. Its intended use. iii. The number of dwelling units in each residential building. iv. On lots which are to contain detached single-family dwellings, building envelopes shall be included on the final plan which show the area and maximum height of improvements, including solar access and view protection constraints where required. See Sheets S-1 "Proposed Subdivision Plan". 1. Elevation drawings of all typical proposed structures except single-family, detached residences which meet parent zone setback requirements. The drawings shall be accurate and to scale, including all attached exterior hardware for heating and cooling. m. Manner of financing. n. Development time schedule. o. If individual lots are to be sold in the Planned Unit Development, a final plat, similar to that required in a subdivision section of the Land Use Development Ordinance. h.. J A preliminary Plat has been provided, See Sheet SV-2 "Preliminary Plat". ~ 3 f"" --,~ p. Final plans for location of water, sewer, drainage, electric and cable T.V. facilities and plans for street improvements and grading or earth-moving improvements. See Sheets C-1 through C-10 Civil Engineering Plans q. The location of all trees over six (6) inches diameter at breast height, which are to be removed by the developer. Such trees are to be tagged with flagging at the time of Final Plan approval. The trees on this site have already been tagged and are shown on Sheet T -1 "Tree Inventory and Protection Plan". 5. Criteria for Final Plan Approval. Final plan approval shall be granted upon finding of substantial conformance with the outline plan. Nothing in this provision shall limit reduction in the number of dwelling units or increased open space provided that, if this is done for one phase, the number of dwelling units shall not be transferred to another phase, nor the open space reduced below that permitted in the outline plan. This substantial conformance provision is intended solely to facilitate the minor modifications from one planning step to another. Substantial conformance shall exist when comparison of the outline plan with the final plan shows that: a. The number of dwelling units vary no more than ten (10%) percent of those shown on the approved outline plan, but in no case shall the number of units exceed those permitted in the outline plan. The number of proposed dwelling units remains the same between outline and final plans. b. The yard depths and distances between main buildings vary no more than ten (10%) percent of those shown on the approved outline plan, but in no case shall these distances be reduced below the minimum established within this Title. The yard depths and lot sizes have remained substantially the same between outline and final plan, the major change is in how lot 14 is accessed from Draeger Street. Lot 18 is smaller as land was removed from this lot and transferred to common open space to accommodate significant features that were originally proposed to be part of lot 18. c. The open spaces vary no more than ten (10%) percent of that provided on the outline plan. The Open Space Lots have remained the same between outline and final plan. d. The building size does not exceed the building size shown on the outline plan by more than ten (10%) percent. Building envelope sizes have not changed between outline and final plan, lot 13 and 14 have been slightly reconfigured from outline to final as a response to conditions of approval, there is no substantial change in their buildable areas or building envelopes. e. The building elevations and exterior materials are in conformance with the purpose and intent of this Title and the approved outline plan. Please see submitted building elevations. f. That the additional standards which resulted in the awarding of bonus points in the outline plan approval have been included in the final plan with substantial detail to ensure that the performance level committed to in the outline plan will be achieved. The minor density increase that was applied for in outline plan took advantage of the conservation housing bonus process. All of the homes will meet or exceed the City of Ashland current conservation housing requirements. ; "" g. The development complies with the Street Standards. (Ord 2836, S3 1999) 4 As part of our outline plan application we requested an exception to street standards to allow for the protection of trees and wetland resources. We also applied for the exception to street standards where the two existing structures do not allow enough room between the curb and the building for the standard sidewalk and parkrow. In all cases where we are asking for the exception, we have requested to put the sidewalk at the street. Trees have been added to these areas on the back side of the sidewalk to compensate for the lack of the parkrow planting opportunity. Council and Planning Commission Conditions of Approval from Outline Plan I) That all proposals of the applicant are conditions of approval unless otherwise modified here. All proposals of this submittal shall be understood to be conditions of approval. 2) That all easement for sewer, water, electric and streets shall be indicated on the Final Plan application as required by the City of Ashland. All easements have been identified on the Preliminary Platt which is part of this submittal. 3) That a utility plan for the project shall be submitted with the Final Plan application. The utility plan shall include the location of connections to all public facilities in and adjacent to the development, including the locations of water lines and meter sizes, fire hydrants, sewer mains and services, manholes and clean-outs, storm drainage pipes and catch basins. The rerouted sanitary sewer and storm drain lines that are being relocated to the new street shall be the same size or larger than the current lines running through the site as required by the Ashland Engineering Division. Any required private or public utility easements shall be delineated on the utility plan. All of the required information above has been submitted as part of the Civil Drawings that are included with this application. 4) That the Tree Protection and Removal Plan shall be revised to coordinate with the final utility plan, and shall be submitted with the Final Plan application. The tree protection plan and the utility plans have been integrated so that no unnecessary impact will be placed on the trees due to the installation of utilities. Specifically, the cut ofT drain at the South edge of the property has been relocated as far to the north as possible to keep it further out from the center areas of the trees along Draeger Street. This, along with tree protection measures relating to excavation will protect the trees to the greatest extent possible. 5) That the storm drainage plan including the design of all on-site storm water detention systems and off-site storm drain system improvements shall be submitted with the Final Plan application. The permanent maintenance of on-site storm water detention systems must be addressed through the obligations of the homeowners' association and approved by the Public Works Department and Building Division. There are no on site detention systems on this project beyond the wetland which is a pre- existing though enlarged detention system. OfT site storm drain systems include cut off drains on both the north and south edges of the property, these drains are being employed to control sub-surface flows onto and off of the site, these systemS are identified in the civil portions of this application. 5 6) That the applicant shall submit an electric distribution plan with the Final Plan application including load calculations and locations of all primary and secondary services including transformers, cabinets, meters and all other necessary equipment. This plan shall be reviewed and approved by the Electric Department prior to submission of the Final Plan application. Transformers and cabinets shall be located in areas least visible from streets, while considering the access needs of the Electric Department. An electric distribution plan is being submitted as part of this application. See Sheets E-l and E-2. 7) That the required pedestrian-scaled streetlight shall consist of the City of Ashland's residential streetlight standard, and shall be included in the utility plan and engineered construction drawings for the street improvements. See Sheets E-l and E-2 which identify street lighting and use the City of Ashland approved Sternberg light. 8) The preliminary engineering for proposed street improvements shall be provided at Final Plan application. Street improvements shall be consistent with City of Ashland Street Local Street Standards. The sidewalk improvements on Randy Street may be constructed at the curbside to preserve the wetlands, existing home and trees. Offsite sidewalk improvements on Randy Street connecting the site to Laurel Street shall be included in the preliminary engineering. The preliminary engineering shall include multi-use path improvements for the off-street path adjacent to the wetlands and for the off-street path connecting the new street to and through the northeastern tree open space. Preliminary engineering has been submitted with this application, it includes street improvements as required by the City of Ashland Street Standards. The sidewalk along Randy Street and for small section of Otis are in exception to these standards in order to help preserve trees, wetland, and existing buildings. The multi-use path and the path along the wetlands have identified improvements as part of the project engineering as well. 9) That the Final Plan application shall demonstrate that the driveway curb cuts are spaced at least 24-feet apart as measured between the outside edges of the apron wings of the driveway approaches in accordance with the Ashland Street Standards. The final site plan shows the distances between driveways to be 24' or greater. 10) That the driveway for lot 14 shall be relocated so that it does not cross the front yard area of lot 13. Lots 13 and 14 share a driveway where neither lot has the drive as an element of its front yard. 11) That the Final Plan application shall delineate vision clearance areas at the intersections of streets and alleys throughout the project in accordance with 18.92.070.D. Structures, signs and vegetation in excess of two and one-half feet in height shall not be placed in the vision clearance areas. Building envelopes shall be modified accordingly on the Final Plan submittals. Vision clearance areas have been identified on sheet S-1 and the building envelopes have been adjusted as needed. ..Ji 6 12) Subdivision infrastructure improvements, including but not limited to utilities, public streets, street trees and irrigation and open space landscaping and irrigation shall be installed or a bond posted for the full cost of construction prior to signature of the final survey plat. If a bond is posted for common area and open space improvements, the common area and open space improvements including but not limited to landscaping, irrigation and pathway improvements shall be installed in accordance with the approved plan prior to the issuance of the ninth building permit (halfway through the building permits for single-family homes). The project landscape architect shall inspect the common area and open space improvements for conformance with the approved plan, and shall submit a final report on the inspection and items addressed to the Ashland Planning Division. The applicant shall schedule a final inspection including the project landscape architect with the Ashland Planning Division of the common areas and open spaces prior to issuance of the ninth building permit. The subdivision infrastructural improvements will either be installed or bonded for prior to the signature of the final survey plat. The project Landscape Architect will oversee installation of all landscape elements, this will be accomplished before the ninth building will receive a building permit. The project Landscape Architect will perform a final inspection on all landscape elements and provide a final report to planning affirming that these elements have been installed according to plan and with appropriate practices. 13) That the street name shall be reviewed and approved by Ashland Engineering for compliance with the City's resolution for street naming. Draeger Street has been reviewed and approved by the city of Ashland. 14) That the final wetland delineation and mitigation plan shall be approved by the necessary state and federal agencies, and the necessary state and federal permits received prior to the Final Plan application. If the final wetland delineation report submitted for state and federal review differs significantly from the preliminary determination (i.e. larger area or additional wetland areas), the Outline Plan shall be modified prior to an application for Final Plan approval. The wetland delineation has been approved by the Division of State Lands under reference number 06-0387 and the mitigation plan has been approved by the Army Corps of Engineers in a document dated December 4, 2006. The rmal wetland delineation from the Division of State Lands has been incorporated into the plan documents, their was a small increase in wetland area, it is not in an area that we are proposing any fill or alterations; the large wetland actually shrunk, where the wetland along Randy Street included the area that is flooded by the pool, the two ditch wetlands were removed entirely from consideration by DSL, though we are still mitigating for their loss. The plans have been changed and there was no significant difference for our project design. 15) That the wetland mitigation plan including a grading and planting plan shall be submitted with the Final Plan application. That an engineering analysis of the water flow and potential ponding, and any potential impacts to adjacent properties shall be submitted with the Final Plan application. The engineering analysis shall address the potential to meter excess runoff to the storm drain to prevent backup of water in the wetlands. A wetland mitigation plan including grading and planting has been provided as part of this application. Thornton Engineering has provided an analysis ~f the pot~tial wetland impacts to the neighborhood. 7 ......,.. ^~ 16) That the Tree Protection and Removal Plan shall be revised in the Final Plan application to include lot 18. Lot 18 has been included in the Tree Protection and Removal Plan. 17) That the recommendations of the Ashland Tree Commission, with final approval by the Staff Advisor, shall be incorporated into the Tree Protection and Removal Plan. The tree commission was supportive of this project and all recommendations have incorporated. 18) That a Verification Permit in accordance with 18.61.042.B shall be applied for and approved by the Ashland Planning Division prior to site work, storage of materials and/or the issuance of an excavation or building permit. The Verification Permit is for the installation of the tree protection fencing. The tree protection for the trees to be preserved shall be installed according to the approved Tree Protection Plan prior to site work or storage of materials. Tree protection fencing shall be chain link fencing a minimum of six feet tall and installed in accordance with 18.61.200.B. No site work shall begin until a Verification Permit has been applied for and approved. The project Landscape Architect shall oversee the installation of the tree protection fencing per the plans submitted with this application. 19) That a size and species specific landscaping plan for the parkrows and open spaces shall be provided at the time of the Final Plan application. A size and species specific planting plan for parkrows and all other open space has been provided as part of the final plan documents. 20) That street trees, located one per 30 feet of street frontage, shall be installed in the parkrow along street frontages as part of the subdivision infrastructure improvements. Street trees shall be chosen from the Recommended Street Tree List and shall be installed in accordance with the specifications noted in the Recommended Street Tree List. The street trees shall be irrigated. Street trees have been identified on the planting plan 1 per 30 feet from the approved street trees list except where there are existing trees that may not be on the list but are still valuable and appropriate and/or where the wetland is adjacent to the sidewalk and wetland specific trees may be more appropriate. All trees on the planting plan have irrigation. 21) That the landscape plan at Final Plan application shall attempt to mitigate the loss of a parkrow in the areas of curbside sidewalk (i.e. adjacent to wetlands on new street, and on the Randy Street frontage) by providing street trees behind the sidewalk that will be provide a canopy over the sidewalk and street to improve the pedestrian environment, provide shade and traffic calming benefits. The landscape plan reflects the addition of shade trees along Randy Street and where needed on Otis Street to mitigate the lack of parkrow where trees and other constraints prohibit the creation of one. 22) Fence heights within side and rear yard areas adjoining the off-street pedestrian paths from and open spaces shall not exceed four feet. Stipulations with regards to fencing shall. be described in , .) the project CC&R's. . ' 8 A draft copy of the CC&R's which includes language covering this condition have been submitted with this application. 23) That a draft copy of the CC&R's for the homeowners association shall be provided at the time of Final Plan application. Lot 18 shall be included in the homeowners association and subject to all subdivision requirements including the Tree Protection Plan and Wetlands Mitigation Plan. (Lot 18 is expressly found not to be an existing legal lot and is therefore part of the subdivision). CC&R's shall describe responsibility for the maintenance of all common area and open space improvements, parkrows and street trees. CC&R's shall describe a system for governance of the use of the wellhead and associated spring by the subdivision residents. CC&R's shall note that any deviation from the Tree Protection Plan and Wetlands Mitigation Plan must receive written approval from the City of Ashland Planning Department. A draft copy of the CC&R's which includes language covering this condition have been submitted with this application. 24) That existing building greater than 500 square feet proposed for removal shall require approval of a Demolition Permit prior to moving or demolition. There are currently no buildings proposed for removal. 25) That the Final Plan application shall include a lot coverage calculations in square footage and percentage for each lot. Open space area less the impervious common improvements (i.e. streets and sidewalks) and less lot 18 shall be distributed evenly across the remaining 17 residential lots. The lot coverage calculations and open space dispersal is included as part of this application. 26) The setback requirements of 18.88.070 shall be met and identified on the building permit submittals including but not limited to the required width between buildings as described in 18.88.070.D. Building Setbacks are identified on the site plan and will also be identified on all building permit submittals, all setback will comply with the requirements of 18.88.070. 27) That the setbacks on lot 14 shall be revised so that the front yard is opposite of the back yard in accordance with 18.08.430 in the Final Plan application. The rear yard for lot 14 shall be located as shown adjacent to the east property line to mirror the yard pattern of the existing homes to the east. The rear yard of Lot 14 is adjacent to the rear yards of the neighboring properties. 28) That all new structures shall meet Solar Setback A in accordance with Chapter 18.70 of the Ashland Land Use Ordinance. Solar setback calculations shall be submitted with each building permit and include the required setback with the formula calculations and an elevation or cross- section clearly identifying the height of the solar producing point from natural grade. At application for building permit all submittals shall include solar setback calculations and formulas to set elevations in relationship to natural grades. 29) Individual lot coverage calculations including all impervious surfaces shall be submitted with the building permits. Impervious driveway and parking areas shall be counted as pervious surfaces for the purpose of lot coverage calculations. Each building permit shall include lot coverage calculations for the specific lot. All lots on this subdivision have a permitted lot coverage of S4 %, this is a transferenc~ of coverage due to the open space identified on the site which far exceeds the' requirem~nt of the zone. 9 l- I 30) That all homes shall qualify in the Ashland Earth Advantage program in accordance with 18.88.040.B.3.a. The applicant shall meet with the Ashland Conservation Division regarding eligible site activities prior to issuance of an excavation permit. The required Earth Advantage documentation shall be submitted with each building permit application. All homes shall be designed to meet the Ashland earth Advantage Standard or better. 31) That fencing shall not be installed around the perimeter of the preserved wetland in the western open space. There is no intention to fence the Western wetland open space. There may be neighbors bordering this feature that wish to fence their backyards, we have no jurisdiction over whether or not they fence the wetland on their side. 32) That if lot 18, the lot containing the existing residence and indoor pool (Helman Baths), is partitioned or divided in the future, the application shall be required to be processed as an amendment to the subdivision. In accordance with this subdivision approval, any new lots created from lot 18 shall be required to construct conservation housing to meet density bonus requirements in accordance with 18.88.040.B.3.a and shall participate in the homeowners' association. If lot 18 is ever considered for division in the future, the application will comply with an amendment to the current subdivision approval and will require conservation housing as a requirement of their application and build out. 33) The Property includes a wellhead and associated spring adjacent to Lots 13 and 14 on the outline plan, and serving the existing pool on Lot 18. In connection with final plan approval, the wellhead and land immediately surrounding it shall be dedicated as common area for the benefit of the subdivision's homeowners' association. The well head feeding the pool on lot 18 and the associated property around it have been dedicated as common open space for the greater subdivision. The area has been landscaped to include a water feature that highlights the well head over flow and allows residents to sit and appreciate the nature of water in their environment. Prior to final plan approval, the Applicant shall submit a form of conservation easement or deed restriction for review and approval of the Ashland Legal and Planning Departments designed to protect, in perpetuity, the wellhead as an existing and the associated spring as a natural feature of the property. The beneficiary of the conservation easement or deed restriction shall be the subdivision's homeowners' association, which shall be entitled to enforce its terms. The terms shall include provisions allowing the homeowners' association to enhance the well in the future, subject to compliance with all laws then in effect. The terms shall also prevent the homeowners' association or any future owner from capping, degrading or destroying the wellhead. Applicant may record an irrevocable license and concurrent easement for the benefit of Lot 18, for the purpose of allowing the owner of Lot 18 and her successors in interest to continue receiving water flow from the well in an amount roughly consistent with the current amount of water used to serve the existing pool on Lot 18. Under the terms of the irrevocable license, easement, and conservation easement or deed restriction, the homeowners' association will be permitted to make all lawful use of the well located in the common area for the benefit of the subdivision's residents, provided such use does not unreasonably interfere with the concurrent right of Lot 18 10 . , J / I, to continue to receive water from the well in an amount similar to the amount currently utilized to serve the existing pool located on Lot 18. In connection with final plan approval, the applicant shall design and install a water feature in the common area where the wellhead is located, to be served by water from the well, for the benefit of the members of the subdivision's homeowners' association. That an instrument such as a maintenance agreement shall be included with the easement or deed restriction which would address responsibility of maintenance of the wellhead. That if Lot 18 is partitioned or divided in the future, the first right of access to use the spring shall be offered to the homeowners' association. As regards the water feature, applicant shall construct a water feature that (1) highlights and presents the geothermal water as a daylighted part of the open space, (not inside a building), (2) honors the historical character of the geothermal springs area, and (3) directs the feature's geothermal water into the west side geothermal wetland. This condition, agreed to by the applicant, is subject to State of Oregon wetland permitting as regards numbered item (3). The above described legal document has been submitted as part of this application by Chris Hearn Attorney with Davis, Gilstrap, Hearn, SaladofT and Smith Pc. 34) That the Final Plan application include a determination of whether a permit is needed from the Oregon Water Resources Department (OWRD) to use the spring accessed by the wellhead which feeds the pool on Lot 18. If a permit is required, evidence of permit approval and issuance shall be submitted to the Planning Division prior to recording some form of conservation easement or deed restriction for the spring and wellhead, and prior to signature of the final survey plat. The Oregon Department of Water Resources considers the use of well water to fill a pool exempt from the requirement of a water right. The ordinance describing this and a detailed memo regarding this issue are included in this application. 35) The applicant shall submit a revised site plan which clearly delineates and shows the significant existing and natural features including but not limited to the wellhead and associated spring and tree no. 13, in open space areas to be dedicated to the homeowners association. The project survey has been included with this application and emphasizes the location of all the significant existing and natural features identified for the site. 36) Applicant shall execute a document as consistent with ALVO 18.68.150 agreeing to participate in their fair share costs associated with a future Local Improvement District for improvements to Laurel Street and to not remonstrate against such District. Nothing in this condition is intended to prohibit an owner/developer, their successors or assigns from exercising their rights to freedom of speech and expression by orally objecting or participating in the LID hearing or to take advantage of any protection afforded any party by City ordinances and resolutions. The applicant has already agreed to the above condition, improvement along Randy Street to Laurel are included in this application, the applicant has also agreed to sign in favor of an LID. 37) Applicant shall mitigate traffic impact of this 18 lot subdivision consistent with a constitutionally required individualized determination of the impact of this development in relation to any . r~guested off-site improvements, in accordance with Ashland City Code, as may be in place at the time of application for final plan approval. Applicant has indicated acceptance of any requirement fairly imposed [related] to the development of street improvements. The applicant has already agreed to this condition. II hi- '" ....i.y :...U ~ ~ PREVIOUS SUBMITTAL .,.",_...~ PROJECT DESCRIPTION - OUTLINE PLAN: This proposal is for a residential subdivision that includes 17 new single family building lots, 2 large open space areas that incorporate the properties wetlands and existing large trees, and the remainder lot which contains the current structures on the property. The property contains two existing buildings and their associated out buildings, the two main buildings are an indoor swimming pool and a house. The project is accessed by a new public street that aligns with the existing Draeger Street, and an alley that allows rear access for 10 of the lots, this alley also acts as a separation for proper solar relationships between these lots. The intention of this project is to develop energy efficient cottage style homes. The large open space areas dominate the site, and provide large natural settings for both the residence of this development and the neighbors. There are two pedestrian connections through the site that allow for complete linear access to the wetland and the Large treed Open Space. The preservation of these large natural areas makes the performance standards option of development the ideal choice so that we can transfer some of the lost lot opportunity from these open area into the development. The preservation of the wetland and the maintenance of the Tree area park will be written in to the Covenants of this project, a home owners association will be formed to manage the maintenance of these two areas. We will be implementing standard conservation housing methodology within this development, and we will employ a portion (3 % ) of the density transfer allowed under this provision. This project will be privately financed and built by Sage Development LLC. The current owners of the property are Sylvia Chambers sand Aili Eggert (deceased). The development schedule of this project will follow the approval of the final plan within one year. 18.20 R-1 Single-Family Residential District 18.20.020 Permitted Uses The following uses and their accessory uses are permitted outright: A. Single family dwelling, utilizing at least two of the following design features to provide visual relief along the front of the residence: This is an application for outline plan; the proposed houses will meet the design standards for the zone through the use of various design elements that define single family, residential, detached dwelling units. 18.20.030 Conditional uses This proposal is exclusively for single family homes. There are pre-existing non-conforming buildings on this property; they lie within the boundaries of the remainder lot. 18.20.040 General regulations A. Minimum lot area: Minimum lot areas and dimensions are altered when projects are applied for under the performance standard option. Where possible, especially around the perimeter properties on the site, the standards 12 have been met to better wed the new development into the existing pattern of lots and homes. The standard yard requirements of the zone are met, front yards have 15 foot setbacks, side yards have 6 foot setbacks, garages have 20' setbacks, and all back yards have a minimum 10' setback to the first floor and 20' to the second. B. Minimum lot width: Minimum lot widths are met throughout the project. C. Lot Depth: All lots shall have a minimum depth of eighty (80) feet, and a maximum depth of one hundred fifty (150) feet unless lot configuration prevents further development of the back of the lot. Maximum lot depth requirements shall not apply to lots created by a minor land partition. No lot shall have a width greater than its depth, and no lot shall exceed one hundred fifty (150) feet in width. (Ord. 2052, 1979; Ord. 2425 S3, 1988) There is one lot in this proposal that has a greater width than depth, as with other requirements in the R- 1, once a project falls under the performance standards option, these requirements may be altered to allow for development where challenging lot relationship are created by pre-existing circumstances, in this case the road, wetland and pre-existing uses have greatly restricted our opportunities to create a standard ratio lot. D. Standard Yard Requirements: The standard yard requirements of the zone are still being met, front yards have 15 foot setbacks, side yards have 6 foot setbacks, garages have 20' setbacks, and all back yards have a minimum 10' setback to the first floor and 20' to the second. E. Maximum Building Height: No structure shall be over thirty-five (35) feet or two and one-half (2 1/2) stories in height, whichever is less. Structures within the Historic District shall not exceed a height of 30 feet. The proposed buildings shall not exceed the height and floor limitations associated with the R-I-5 zone. The proposed project is not within an historic district. F. Maximum Coverage: Maximum lot coverage shall be fifty (50%) percent in an R-1-5 District, forty- five (45%) percent in an R-1-7.5 District, and forty (40%) percent in an R-1-10 District. As a performance standard application, there is some transference of lot coverage from individual lots to larger community open spaces. In the most restricted lots on the site, the average lot coverage identified by the established building envelope and the driveway is 54%. This variation from the zones 50% maximum is balanced by the projects extensive dedicated open space (480 % of that which is required). (See performance standards option findings) G. Maximum Permitted Floor Area for dwellings within the Historic District. Not applicable. H. New single family structures and additions to existing single family structures within the Historic District .... Not applicable. 13 18.88 Performance Standards Options 18.88.010 Purpose and Intent The purpose and intent of this Chapter is to allow an option for more flexible design than is permissible under the conventional zoning codes. The design should stress energy efficiency, architectural creativity and innovation, use the natural features of the landscape to their greatest advantage, provide a quality of life equal to or greater than that provided in developments built under the standard zoning codes, be aesthetically pleasing, provide for more efficient land use, and reduce the impact of development on the natural environment and neighborhood. (Ord. 2228, 1982; Ord. 227682, 1983; Ord. 2356, 1985) This project is applying under the performance standards option to allow for greater site development efficiency, while protecting the major natural features of the site; the large stand of trees at the Northeast corner and the large spring fed wetland area on the eastern boundary of the site. There are also three smaller wetlands in the site and a hot well. The large wetland and the large tree area are proposed for preservation as part of the project, there will be some portion of the large wetland that will be filled and mitigated for as part of this project. The hot well and one of the smaller wetlands are within the remainder lot and will be preserved as part of that property. One small wetland (446 square feet) is being proposed for complete filling and mitigation, the other small wetland crosses the boundary between the parent site and the project proposal, we are proposing that the portion of the wetland that fall within the project proposal be filled and mitigated. The water source for this small wetland is on the remained property and will therefore remain intact. The hot well has been used to fill the existing swimming pool there is an opportunity to use the hot well to provide alternative radiant heating to as many of the homes as possible. The project homes will meet or exceed the State and city Earth Advantage program. In this way this project is directly in line with the goals of the Performance Standards Option which specifies development with greater site sensitivity and greater energy efficiency integration. 18.88.030 Procedure for Approval A. Outline Plan: 1 . Application for subdivision approval under this Chapter shall be accompanied by a proposed Outline Plan. For developments of less than 10 lots, the Outline Plan may be filed concurrently with the final Plan, as that term is defined in 18.88.030 8.4. For developments of 10 lots or more prior Outline Plan approval is mandatory. (Ord. 2630 86, 1991) This proposal is for a 17 lot subdivision with two open space lots and the remainder lot, this is a total of 20 lots. This is an application for outline plan only. 2. A Type II procedure, as defined in this Ordinance, shall be used for the approval of the outline plan. 3. Contents. The contents for an outline plan shall be as follows: a. A topographic map showing contour intervals of five (5) feet. Sheet SV -1 of the plan set is a topographic map with 1 foot contour intervals. 14 "r:t b. The proposed land uses and approximate locations of the existing buildings to be retained, the proposed structures on the site, the proposed and existing property lines and easements on the site, and existing buildings, structures, and trees greater than six (6) inches in diameter measured at breast height on the properties adjacent to the site, and all buildings within one hundred sixty (160) feet of the site boundaries. Sheet S-1 of the plan set shows the locations of the existing building on the site that are to remain; they are contained within the area identified as the remainder lot (the buildings are also identified on Sheet SV-1, the topographic survey). Sheet S-1 identifies all the trees on the site larger than 6", these trees are also shown on Sheet T -1 which is a tree inventory for the site. All buildings adjacent to the site are shown on Sheet SV -1. c. The locations of all proposed thoroughfares, walkways, and parking facilities. Sheet S-1 identifies a new public street that is an extension of Draeger Street from the South to the North. The proposed project creates a through street from Otis Street to Randy Street. This project proposes a public alley that allows for rear vehicle access to 10 lots; all other lots are accessed ofT the existing street or the new street extension. There are sidewalks proposed throughout the site. See Sheet P-1 for the on street parking layout of the project, there are conservatively 63 on street parking places, excluding street frontage that lies within Phase II. All lots have at least one on street parking place, and all lots will have a two car garage. d. Public uses, including schools, parks, playgrounds, open spaces and trails. The proposed project contains two large open spaces; one at the North West side of the lot contains a large existing wetland with a pedestrian pathway running along its edge from Randy to Otis Streets. At the North East corner of the property there are a large grouping of existing mature trees, this area has been designated as public open space. e. Public or private utilities Existing and proposed utilities are identified on Sheet C-1 of the plan set. f. General areas of cuts and fill. This is a predominantly flat site; we will be working with the natural grades to help preserve the wetland and the existing trees on the site. g. The location of natural features such as rock outcroppings, marshes, wooded areas, and isolated preservable trees. The existing wetland on the North West side of the site and the large grouping of trees in the North East corner are shown on all plans submitted. These elements are also being proposed for protection within the plan. / 15 J h. The location and direction of all watercourses and areas subject to flooding. ;,ec'lt There are no water courses on the site that are subject to flooding. There are a few irrigation ditches on the site that have been identified on the Survey Sheet SV -1. As part of the proposal these ditches would be decommissioned and re-contoured. i. On lots which are to contain detached single-family dwellings, building envelopes shall be included on the outline plan which show the area and maximum height of improvements, including solar access and view protection where required. The plan S-1 includes building envelopes and solar set back requirements, all buildings will be under the maximum height of the zone which is 35 feet. j. Elevation of typical proposed structures. The elevation should be to scale and should include the approximate dimensions of the proposed structures and all attached exterior hardware for heating and cooling. Elevations of example structures are included with this application. k. A written statement which will contain an explanation of: A project description is included in the beginning of this document, as well as elaborated throughout this document. i. The character of the proposed development and the manner in which it has been designed to take advantage of the Performance Standards Concept. This proposal is for a 17 lot detached single family residential subdivision with an additional three lots; two for open space and one that is a remainder lot with existing uses preserved. The project proposes the performance standard option because of the large amount of land being designated as protected for the existing wetlands and the area of mature trees to be preserved. The proposed homes will be in keeping with the surrounding neighborhood; ultimately the goal is to enhance the surrounding neighborhoods by crating connectivity and by making the wetland an amenity with public access. The wetland area will be enlarged as part of a mitigation proposal, and enhanced with vegetation. The proposed streets are tree lined. ii. The proposed manner of financing. This project will be developed with private financing. iii. The present ownership of all the land included within the development. The present owner of the property is Sylvia Chambers. Currently Jackson County shows a second owner as AiIi Eggert though Ms. Eggert is deceased. Sage Development has a purchase agreement and is in escrow to purchase the parcel excluding the remainder lot. 16 "o'"'t iv. The method proposed to maintain common open areas, buildings and private thoroughfares. A homeowners association will be employed and the method of maintenance for the public areas will be defined in the CCR's. The wetland will require a state approved monitoring and maintenance plan that will be in place a minimum of 3 years, this plan will lay out the future maintenance requirements of the wetland, and includes as a part of the CCR's and shall be the responsibility of the home owners association. v. The proposed time schedule of the development. The schedule for this project is dependant on planning approvals with the City of Ashland and wetland delineation approval by the Oregon Division of State Lands. Final plan will be developed immediately after outline plan is approved. The wetland delineation has been submitted to the Oregon Division of State Lands, upon approval of the delineation, the "Joint fill and Removal" permit application will be submitted. Part of the final plan process will be presentation of the approval for the mitigation of the wetland by the Division of State Lands and the Army Corps of Engineers (the Joint Fill and Removal Permit). It is anticipated that this approval will take 6 to 12 months from the date of this Outline plan submittal; applicant will begin as soon as these approvals are secured. vi. The findings of the applicant showing that the development meets the criteria set forth in this Ordinance and the Ashland Comprehensive Plan. This set of findings describes how this project complies with the City of Ashland development ordinance and therefore that it complies with the comprehensive plan. 4. The Planning Commission shall approve the outline plan when it finds the following criteria have been met: a. That the development meets all applicable ordinance requirements of the City of Ashland. This project meets all applicable ordinance requirements of the City of Ashland as described in these findings. Specifically: b. That adequate key City facilities can be provided including water, sewer, paved access to and through the development, electricity, urban storm drainage, police and fire protection and adequate transportation; and that the development will not cause a City facility to operate beyond capacity. The Preliminary utility plan provided by Thornton engineering demonstrates that key City facilities area available and adjacent to the site. this development is an island of open land within an already developed residential neighborhood, all sewer and other utility requirements are easily accessible and adjacent to this property. The site is surrounded on two sides by existing paved roadways; the project incorporates an additional road bisecting the site which completes the existing grid of the area. A transportation 17 analysis has been submitted with this application for more detailed information on the adequacy of the existing and proposed transportation c. That the existing and natural features of the land; such as wetlands, floodplain corridors, ponds, large trees, rock outcroppings, etc., have been identified in the plan of the development and significant features have been included in the open space, common areas, and unbuildable areas. The site contains a large existing wetland, three smaller wetlands, a warm well, and a large stand of mature trees. Excluding some necessary wetland modifications the existing natural features have been set aside as non-developable areas or are outside of the project development proposal. Two large associated areas have been identified as the subdivision common open space. d. That the development of the land will not prevent adjacent land from being developed for the uses shown in the Comprehensive Plan. There is no adjacent land that has not already been developed, the project is surrounded on all four sides by subdivisions that are over 20 years old. e. That there are adequate provisions for the maintenance of open space and common areas, if required or provided, and that if developments are done in phases that the early phases have the same or higher ratio of amenities as proposed in the entire project. This proposed development will require a homeowners association to maintain the open space areas as well as the pedestrian way in perpetuity. Prior to build out and ultimate sale of the properties, the responsibility for maintenance will fall to the project owner and developer. The wetland area, as part of the enhancement proposal, requires a maintenance plan with regular reporting of the wetland health to the State of Oregon and the Army corps of Engineers. All of the proposed open space is included in the development plan for this prject f. That the proposed density meets the base and bonus density standards established under this Chapter. The base density and bonus density are below in section 18.88.040 A -I and B. g. The development complies with the Street Standards. (Ord 2836, S2 1999) This development as proposed complies with the street standards except where the sidewalk standard is altered to save existing mature trees and preserve wetland area. At these locations the sidewalk moves to a behind the curb location. Please see section 18.88.050 F. of these findings for further information on this issue. B. Final Plan. This application is for Outline Plan only. Final plan will be under a separate submittal , ,~ 18 ,. , 18.88.040 Performance Standards for Residential Developments A. Base Densities. 1. The density of the development shall not exceed the density established by this Section. The density shall be computed by dividing the total number of dwelling units by the acreage of the project, including land dedicated to the public. Fractional portions of the final answer, after bonus point calculations, shall not apply towards the total density. Base density for this zoning district is R-I-5 = 4.50 du/acre. The Allowable Base Density for the entire existing property at 4.34 acres is 19.53 dwelling units. Once the remainder parent lot is removed from the project, the property at 3.67 acres has an allowable base density of 16.5 units. 2. All developments with a base density of 10 units or greater shall be required to provide a minimum of 5% of the total lot area in Open Space that is not subject to bonus point calculations. Bonus shall be awarded only to that Open Space area in excess of the 5% required for developments of 10 units or greater. Open Space shall be optional for all developments of less than 10 units. 5% of the total lot area is 9,460; our proposed open space for the project, excluding streets, sidewalks and park rows is 45,790 square feet, 480% of the required open space area. B. Bonus Point Calculations. Proposed Proiect with Remainder Lot Removed = 3.67 Acres (160.196 square feet) Zoning R-I-5 Allowable density outright 4.5 units per acre 3.67 x 4.5 = 16.5 units 16.5 units is our base density Conservation Housing - add 15 % = 2.47 units our new base density is 18.97 7 % open space required for project over ten units Additional open space allows for 1 % increase in density per 1 % additional open space. While we are 380% over on our open space requirement, we area not using the open space as part of our density bonus calculations because we have met our needs for 0.5 additional density using the conservation housing option. We are asking for a density bonus of 3%, we do not feel that the allowable 15% would create a livable project. This application is for 17 units. 19 1. The permitted base density shall be increased by the percentage gained through bonus points. In no case shall the density exceed that allowed under the Comprehensive Plan. This proposal complies with the comprehensive plan. 2. The maximum bonus permitted shall be 60%. (Ord. 2669, 1992) We area applying for a 3% density increase. 3. The following bonuses shall be awarded: a. Conservation Housing - all home or residential units on the site meet the energy usage, water usage, and air quality requirements adopted in the Guidelines referred to in 18.88.090--maximum 15% bonus. We are applying for the conservation housing bonus which allows up to 15% density increase, we are only asking for a 3 % density increase. b. Provision of common open space. Though we exceed the required dedicated open space by 380 %, we are not using this as part of our application because we already meet the density we require using the Conservation Housing opportunity. c. Provision of major recreational facilities. We are not including a major recreational facility component within our application for density bonus. d. Affordable Housing We are not including the affordable housing component as part of our application for a density bonus. 18.88.050 Street Standards All development under this Chapter shall conform to the Street Standards as defined in 18.88.020.K. The following standards regulate the development of streets and are in addition to the standards contained in the Street Standards Handbook. A. Private Drive. A private drive is a road in private ownership, not dedicated to the public, which serves three or less units. No curbs or sidewalks are required for a private drive. On-street parking is prohibited on private drives. The private drive standard is as follows: 3 Units15 feet with 20 feet dedicated width 2 Units15 feet with 20 feet dedicated width 1 Unit12 feet with 15 feet dedicated width Lots 13 and 14 are on one private drive. Access to the fist house has a dedicated driveway width of 20 feet; the paved width of the drive shall be 15 feet. Once past the first dwelling, the dedicated drive is 15 feet with 12 feet of paving as per ordinance. 20 B. Dedicated Public Streets Required. All roads which serve four units or greater, and which are in an R-1, RR and WR zone, must be dedicated to the public and shall be developed to the Street Standards of this section. This proposal includes a new dedicated public street and a dedicated public alley. The dedicated street is 25 feet wide curb to curb with parking on one sides, the alley is 16 feet wide and paved. C. Dead End. No dead end road shall exceed 500 feet in length, not including the turnaround. Dead end roads must terminate in an improved turnaround as defined in the Performance Standards guidelines adopted pursuant to Section 18.88.090. There are no dead ends proposed as part of this application. D. Obstructed Streets. Creating an obstructed street is prohibited. There are no obstructed streets within this project application. E. Street Grade. Street grades measured at the street centerline for dedicated streets and flag drives shall be as follows: Street grade requirements have been met, see C-l preliminary grading and utility plan. F. Exception to Street Standards. An exception to the Street Standards is not subject to the Variance requirements of section 18.100 and may be granted with respect to the Street Standards in 18.88.050 if all of the following circumstances are found to exist: There are a total of six mature trees on the site that require deviation from the normal sidewalk parkrow relationship to allow for the future health of the tree while maintaining pedestrian access through out the site. These trees are old time residence of the neighborhood and should be protected to help maintain the current character. Where the existing wetlands are adjacent to existing streets, and where the existing wetland abuts our proposed right of way, we are requesting that the sidewalk be placed at back of curb to help preserve as much of the wetland area in its natural state as possible. A. There is demonstrable difficulty in meeting the specific requirements of this chapter due to a unique or unusual aspect of the site or proposed use of the site. The existing trees fall in the path of the standard sidewalk alignment. The streets where these tree conflicts exist are existing streets, so the street could not be relocated to help bring the alignment into current street standards. These trees are being suggested for protection in compliance with the current City of Ashland Tree Ordinance 18.61.00. The existing wetlands abut Randy Street along the northern edge of the property. The applicant is happy to install sidewalks along this existing street right of way and requests that the street standard for a 7 foot parkrow be relaxed along these wetland areas. The applicant is also requesting that the new street, where it abuts the large wetland area be allowed to deviate in the same manner, to minimize the need for further wetland disturbance. It should be noted that the street placement responds to street alignment ordinance, and is not self inflicted as an issue. The new street must be in alignment with existing streets (as it is with Drager) or at least 150 feet away from other existing intersections (as with our proposed relationship to Willow Street). 21 , ,#, , ..~,> ... B. The variance will result in equal or superior transportation facilities and connectivity; Approval of this exception will allow for continued pedestrian access throughout the site while providing tree and wetland conservation and protection. It will provide for equal transportation facilities and connectivity. C. The variance is the minimum necessary to alleviate the difficulty; and The proposed deviation from the desired sidewalk alignment is the minimum necessary to get around the trees and the wetland areas, the sidewalk returns to the standard alignment as quickly as possible. D. The variance is consistent with the stated Purpose and Intent of the Performance Standards Options Chapter. (Ord 2836, Amended, 02/02/1999) 18.88.060 Parking Standards Parking standards shall be as follows: A. Off-Street Parking. Off-street parking shall be as provided in Chapter 18.92 of the Ashland Land Use Ordinance. Each homesite will include a two car garage. All lots excluding lots 13 and 14 have at least a 50 foot street frontage, lot 14 (flag lot) will have a third on site parking space as designated on the Site Plan. All of the smaller lots have rear loaded garages so there are no curb cuts in the street to interfere with parking. There is at least one on street parking place per lot. There are 17 lots proposed and a conservative count shows at minimum 63 on street parking places. B. On-Street Parking Required. At least one on-street parking space per unit shall be provided in addition to the off-street parking requirements for all developments in an R-1 zone, and all developments in R-2 and R-3 zones that create or improve public streets. On-street parking spaces shall be immediately adjacent to the public right-of-way on publicly or association-owned land and be directly accessible from public right-of-way streets. On-street parking spaces shall be located within 200 feet of the dwelling which it is intended to serve. (Ord. 2484 S5, 1988) Each homesite will include a two car garage. All lots excluding lots 15 and 16 have at least a 50 foot street frontage. All pf the smaller lots have rear loaded garages so there are no curb cuts in the street to interfere with parking. There is at least one on street parking place per lot. There are 22 lots proposed (18 in phase 1 and 4 in phase 2), and a conservative count shows at minimum 63 parking places. C. On-Street Parking Standards. On-street public parking may be provided by either the minimum criteria established in the Performance Standards guidelines under Section 18.88.090 or parallel to curb side. Curb side stalls shall be eight feet in width and 24 feet in length and shall not be permitted in front of driveways or fire hydrants. All on street parking are parallel. 22 / 18.88.070 Setbacks A. Front yard setbacks shall follow the requirements of the underlying district. Front Yard setbacks within this submittal are 15' for the front of the home and 20' for garages. B. Setbacks along the perimeter of the development shall have the same setbacks as required in the parent zone. The setbacks throughout the project are as typical and required R-I-5 zoning. C. Maximum heights shall be the same as required in the parent zone. The maximum height of the homes shall be as required in R-I-5 (35') D. One-half of the building height at the wall closest to the adjacent building shall be required as the minimum width between buildings. Our maximum average roof height for a two story home would be 24', we have included 6' setback on all side yards. Therefore all buildings are a minimum of 12' apart or half the average height. E. Solar Access Setback. Solar access shall be provided as required in Section 18.68. We have provided setbacks where appropriate that limit the roof height to 14 feet at twenty feet from the property line. This assures compliance with the solar standard A for all lots, F. Any single-family structure not shown on the plan must meet the setback requirements established in the building envelope on the outline plan. All single family structure building envelopes, and existing structures, are on the plan 18.88.080 P-Overlay Zone A. The purpose of the P-overlay zone is to distinguish between those areas which have been largely developed under the subdivision code, and those areas which, due to the undeveloped nature of the property, topography, vegetation, or natural hazards, are more suitable for development under Performance Standards. This project is within the P-Overlay zone because of the wetland that takes up a large portion of the property. B. All developments, other than partitionings, which involve the division of land, or development of individual living units, in the P-overlay areas, shall be processed under this Chapter of the Land Use Ordinance. The minimum number of dwelling units for a Performance Standards Subdivision shall be three. 23 /:::;~! This project is proposing 17 lot subdivisions with a remainder lot and two open space lots. 18.88.100 Applicability of Other Sections of the Land Use Development Ordinance This proposal meets all of the land use code sections, lots size, width and depth relationships are altered when a project is applied for under the Performance Standards Option. All setback requirements have been met for the zone without modification. 18.70 Solar Access 18.70.030 Lot Classifications This lot has a South to North slope of 2% to 4%. We are using Formula 1 for our solar setback classification. We are applying solar standard A to all lots within this proposal. See the Lot Classification Standards image at the bottom of the page The setbacks identified on our Site plan show affecting lots to have a 20 foot setback for a height of 14 feet. This brings those lots into compliance of standard A. The other lots in the subdivision will have no problem meeting the solar setback requirements, as most lots shadow the street on their north property line. 18:61 Tree Ordinance 18.61.050 Plans Required This application includes a sheet T -1 that identifies all the trees on the site and the trees within 15 feet on neighboring properties. It includes all information on tree health, size etc. This tree information is also included in narrative form at the end of this section A. An application for all Tree Removal and Tree Topping Permits shall be made upon forms prescribed by the City. The application for a Tree Removal Permits shall contain: a. The number, size, species and location of the trees proposed to be removed or topped on a site plan of the property. There are 4 trees proposed for removal within this project. On of the trees proposed for removal is a street tree and a tree removal permit is submitted with this application to request this tree be removed. The other three trees requested for removal are either within the proposed roadway or within a proposed building envelope on the site. Specifically: Tree # 3 is an existing street tree on Otis Street, and will fall within the new street alignment. Tree # 15 falls within the proposed road alignment, this alignment is made necessary in creating connectivity with existing streets adjacent to the project. Tree #11 and #12 are small Pears of questionable value and fall within a desired wetland mitigation envelope. b. The anticipated date of removal or topping. 24 The anticipated date of removal is premature; we will be able to identify the date of removal with final plan approval. c. A statement of the reason for removal or topping. Tree # 3 is an existing street tree on Otis Street, and will fall within the new street alignment. Tree # 15 falls within the proposed road alignment, this alignment is made necessary in creating connectivity with existing streets adjacent to the project. Tree #11 and #12 are small Pears of questionable value and fall within a desired wetland mitigation envelope. d. Information concerning proposed landscaping or planting of new trees to replace the trees to be removed, and The applicant is anticipating the planting of at least 72 street trees as part of this project, there will also be numerous trees planted as part of the proposed wetland mitigation and enhancement. We would be happy to provide three for one on site mitigation of the trees proposed for removal as part of the design of the two open space areas. e. Evidence that the trees proposed for removal or topped have been clearly identified on the property for visual inspection. The trees to be removed have been tagged by the arborist with their associated number. f. Any other information reasonably required by the City. B. The applicant shall have the burden of proving that the application complies with the criteria for approval of the applicable class of permit. If the application is for a Tree Removal-Staff Permit, the applicant shall submit specific written findings and evidence addressing the criteria in section 18.61.080 for issuance of a Tree Removal-Staff Permit. C. Misrepresentation of any fact necessary for the City's determination for granting a tree removal permit shall invalidate the permit. The City may at any time, including after a removal has occurred, independently verify facts related to a tree removal request and, if found to be false or misleading, may invalidate the permit and process the removal as a violation. Such misrepresentation may relate to matters including, without limitation, tree size, location, health or hazard condition, justification for issuance of permit, or owner's authorized signature. Specifications for Demolition and Site Clearing 1. The demolition contractor is required to meet with the consultant at the site prior to beginning work to review all work procedures, access and haul routes, and tree protection measures. 2. The limits of all tree protection zones shall be staked in the field. 25 J ." 3. Tree(s) to be removed that have branches extending into the canopy of tree(s) to remain must be removed by a qualified arborist and not by demolition or construction contractors. The qualified arborist shall remove the tree in a manner that causes no damage to the tree(s) and under story to remain. 4. Any brush clearing required within the tree protection zone shall be accomplished with hand-operated equipment. 5. Trees to be removed shall be felled so as to fall way from tree protection zones and to avoid pulling and breaking of roots of trees to remain. If roots are entwined, the consultant may require first severing the major woody root mass before extracting the trees. This may be accomplished by cutting through the roots by hand, with a vibrating knife, rock saw, narrow trencher with sharp blades, or other approved root-pruning equipment.] 6. Trees to be removed from within the tree protection zone shall be removed by a qualified arborist. The trees shall be cut near ground level and the stump ground out. 7. All downed brush and trees shall be removed from the tree protection zone either by hand or with equipment sitting outside the tree protection zone. Extraction shall occur by lifting the material out, not by skidding it across the ground. 8. Brush shall be chipped and placed in the tree protection zone to a depth of 6 inches 9. Structures and underground features to be removed within the tree protection zone shall use the smallest equipment possible and operate from outside the tree protection zone. The consultant shall be on site during all operations within the tree protection zone to monitor demolition activity. 10. All trees shall be pruned in accordance with the provided Pruning Specifications 11. A six-foot chain link fence with posts sunk into the ground shall be erected to enclose the tree protection zone 12. Any damage to trees due to demolition activities shall be reported to the consulting arborist within six hours so that remedial action can be taken. Timeliness is critical to tree health. 13. If temporary haul or access roads must pass over the root area of trees to be retained, a roadbed of 6 inches of mulch or gravel shall be created to protect the soil. The roadbed material shall be replenished as necessary to maintain a 6-inch depth. Specifications for Tree Preservation during Construction 1. Before beginning work, the contractor is required to meet with the consultant at the site to review all work procedures, access routes, storage areas, and tree protection measures. 2. Fences must be erected to protect trees to be preserved. Fences define a specific protection zone for each tree or group of trees. Fences are to remain until all site work has been completed. Fences may not be relocated or removed without the written permission of the consultant. 3. Construction trailers and traffic and storage areas must remain outside fenced areas at all times. 4. All underground utilities and drain or irrigation lines shall be routed outside the tree protection zone. If lines must traverse the protection area, they shall be tunneled or bored under the tree. 5. No materials, equipment, spoil, or waste or washout water may be deposited, stored, or parked within the tree protection zone (fenced area). 6. Additional tree pruning required for clearance during construction must be performed by a qualified arborist and not by construction personnel. 7. Any herbicides placed under paving materials must be safe for use around trees and labeled for that use. Any pesticides used on site must be tree-safe and not easily transported by water. 8. If injury should occur to any tree during construction, the tree consultant should evaluate it as soon as possible so that appropriate treatments can be applied. 26 I t1 9. The consulting arborist must monitor any grading, construction, demolition, or other work that may encounter tree roots. 10. All trees shall be irrigated on a schedule to be determined by the consultant. Irrigation shall wet the soil within the tree protection zone to a depth of 30 inches. 11. Erosion control devices such as silt fencing, debris basins, and water diversion structures shall be installed to prevent siltation and/or erosion within the tree protection zone. 12. Before grading, pad preparation, or excavation for foundations, footings, walls, or trenching, any trees within the specific construction zone shall be root pruned 1 foot outside the tree protection zone by cutting all roots cleanly to a depth of 24 inches. Roots shall be cut by manually digging a trench and cutting exposed roots with a saw, vibrating knife. rock saw, narrow trencher with sharp blades, or other approved root-pruning equipment. 13. Any roots damaged during grading or construction shall be exposed to sound tissue and cut cleanly with a saw. 14. If temporary haul or access roads must pass over the root area of trees to be retained, a road bed of 6 inches of mulch or gravel shall be created to protect the soil. The road bed material shall be replenished as necessary to maintain a 6-inch depth. 15. Spoil from trenches, basements, or other excavations shall not be placed within the tree protection zone, for any reason or duration. 16. No bum piles or debris pits shall be placed within the tree protection zone. No ashes, debris, or garbage may be dumped or buried within the tree protection zone. 17. Maintain fire-safe areas around fenced areas. Also, no heat sources, flames, ignition sources, or smoking is allowed near mulch or trees. Specifications for Tree Pruning 1. All trees within the project area shall be pruned to: a) Clear the crown of diseased, crossing, weak, and dead wood to a minimum size of 11/2 inches diameter. b) Provide 14 feet of vertical clearance over streets and 8 feet over sidewalks. c) Remove stubs, cutting outside the woundwood tissue that has formed around the branch. d) Reduce end weight on heavy, horizontal branches by selectively removing small diameter branches, no greater than 2 to 3 inches near the ends of the scaffolds. e) Remove any mistletoe. 2. Where temporary clearance is needed for access, branches shall be tied back to hold them out of the clearance zone. 3. Pruning shall not be performed during periods of flight of adult boring insects because fresh wounds attract pests. Pruning shall be performed only when the danger of infestation is past. 4. All pruning shall be performed by a qualified arborist. 5. All pruning shall be in accordance with the Tree-Pruning Guidelines (International Society of Arboriculture) and/or the ANSI A300 Pruning Standard (American National Standard for Tree Care Operations) and adhere to the most recent edition of ANSI Z133.1. 6. Interior branches shall not be stripped out. 7. Pruning cuts larger than 4 inches in diameter, except for dead wood, shall be avoided. 8. Pruning cuts that expose heartwood shall be avoided whenever possible. 9. No more than 20 percent of live foliage shall be removed within the trees. 27 ) / .' 10. While in the tree, the arborist shall perform an aerial inspection to identify defects that require treatment. Any additional work needed shall be reported to the consultant. 11. Brush shall be chipped and chips shall be spread underneath trees within the tree protection zone to a maximum depth of six inches leaving the trunk clear of mulch. # Species DBH Height Crown Protection Construction Condition Action Radius Zone Tolerance 1. Acer saccharinum 61" 58' 30' 40' moderate good Preserve 2. Catalpa speciosa 9" 22' 6' 7' moderate fair preserve 3. Juglans hindsii 17" 45' 21' 17' poor fair REMOVE 4. Cupressus macrocarpa 43" 52' 30' 40' poor good Preserve 5. Salix babylonica 47" 48' 22' 30' moderate poor Preserve 6. Morus alba 38" 48' 22' 30' moderate fair Preserve 7. Juglans hindsii 25" 45' 25' 25' poor lair Preserve 8. Juglans hindsii 29" 55' 19' 29' poor fair Preserve 9. Juglans hindsii 21" 40' 15' 21' poor lair Preserve 10. Juglans hindsii 29" 45' 15' 29' poor fair Preserve 11. Pyrus communis 13" 15' 9' 10' moderate fair REMOVE 12. Pyrus communis 6" 15' 7' 5' moderate poor REMOVE 13. Acer saccharinum 36" 47' 30' 36' moderate good Preserve 14. Cupressus arizonica 20" 41' 12' 15' poor good Preserve 15. Salix babylonica 22" 30' 24' 22' moderate good REMOVE 16. Catalpa speciosa 8" 23' 9' 8' moderate good Preserve 17. Catalpa speciosa 6" 23' 7' 6' moderate good Preserve 18. Catalpa speciosa 9" 25' 9' 9' moderate good Preserve 19. Juglans hindsii 10" 25' 7' 10' poor good Preserve 20. Acer saccharinum 30" 47' 20' 30' moderate good Preserve 21. Fraxinus latifolia 11" 28' 12' 11' moderate good Preserve 22. Acer saccharinum 38" 47' 30' 38' moderate good Preserve 23. Acer saccharinum 31" 47' 18' 31' <2fiG"T -1'-11 Preserve mo L.; ".... ood (I 28 :0 " f'.....' c ,"'...... 24. Acer saccharinum 30" 42' 15' 30' moderate good Preserve Rl':'"f"'""l' fED &;. ",L " ('1 Cor-: , ;,~pmert 29 EXECUTIVE SUMMARY WETLAND DELINEATION AND MITIGATION PLAN HELMAN SPRINGS SUB-DIVISION Developed by Northwest Biological consulting and KenCairn Sager Landscape Architects Wetland Delineation and Survey: The property was surveyed at three different dates to refine the edge of the actual wetland. The three survey dates were October 2005, April 6 2006, and April 25 2006. The final delineation submitted to the Oregon Division of State Lands was the survey of April 25 2006. the wetland typology has been determined to be Palustrine Emergent Seasonally Flooded (Cowardin Class PEMC) The final Preliminary delineation proposed that there are 4 wetlands on the site, and a fifth offsite wetland that lies within the City of Ashland Right of Way on Randy Street. The Preliminary Wetland Delineation was submitted to DSL in July of 2006, we have yet to receive comment on this submittal. The Compensatory Wetland Mitigation Plan (CWM) was submitted to the Department of State Lands and the Us Army Corps of Engineers on October 9, 2006. In consort with the CWM, a joint fill and removal permit was submitted to The US Army Corps of Engineers. Specific highlights of these two documents are combined below. The Compensatory Wetland Mitigation Plan 1. All mitigation for filled wetland will be done as an expansion of Wetland 1. 2. Dominant Emergent Wetland Species in all wetlands: Hardstem and Three Square Bulrush, Cattails, Soft Rush, and Spike Rush. Meadow Foxtail, an introduced species compromises over 50% of the plant abundance. 3. Wetland fill proposals are to facilitate the creation of a vehicular road and 1 building lot. 4. Existing Wetlands (EW) EW 1 - existing 26,130 square feet - 4,211 s.f. proposed for filling and affected buffer zone of 2,893 s.f. Proposed adjacent mitigation 150% x 7,104 = 10,656 s.f. Water Source includes seeps and developed spring box, agricultural return flow from TID. EW 2 - existing 446 square feet - proposed for fill, 100% proposed mitigation 670 s.f. Water Source seasonal (November to May) seep. EW 3 - existing 736 square feet - 442 proposed for filling and affected buffer zone of 111 s.f. Proposed mitigation 150% x 563 = 830 s.f. Water Source seasonal (November to May) seep. EW 4 - existing 2,358 square feet - No Modification ) 5. Water sources for the enlarged wetland will be the existing sources and flows from a new curtain drain along the southern boundary of the sub-division. Other wetlands will retain their currant water source and water regimes. 6. Summary of Anticipated Outcomes: · Increase in wildlife habitat by improving plant diversity and replacement of weedy invasive plants with natives. · Improvement of aquatic habitat and wetland diversity through the planting of natives and shade creation. · Increase in wildlife food production. · Increase in sediment trapping opportunities. · Development of Passive recreation and Education opportunities. Ma~ 10 2007 12:38PM Thornton Engineering Inc. 541-857-1947 p. 1 ~ THORNTON . ENGINEERING INC. February 13, 2007 Devian Aguirre Sage Development LLC 570 Clover Lane Ashland, Oregon 97520 Cc: Kerry KenCaim Subject: Helman Springs Subdivision 39 IE 04BC, TL #400 Dear Devian: I am writing you concerning the potential impacts of the proposed wetland mitigation on properties adjacent to the subject project. It is my understanding that you need verification that the proposed wetland mitigation will not create a hazard to adjacent property oWners due to water runoff. Given the following analysis, I can conclude that the wetland will not impact adjacent property owners with runoff. The primary concerns appear to be surface runoff from the wetland area, including overflows from areas where there may be ponding. The single parameter that could cause these things to be a concern would be the manner in which the wetland area is graded. If the area is graded such that it generally directs surface runoff away from adjacent properties, then there should be no impact to those properties. Likewise, water that is allowed to pond within the wetland area should have no adverse impact on adjacent properties if the area is graded to allow excess water to overflow in such a manner that it is directed away from the properties. I have studied the proposed grading for the wetland mitigation area, as shown on plans provided to me by Kerry KenCairn on February 9. Based on these plans, it appears to me that the wetland will be graded in such a way that all surface runoff will be directed away from adjacent properties. All runoffwill be directed to the north, toward Randy Street. This analysis assumes that the grading work will be executed in conformance with standard engineering practice or as recommended by the project geotechnical engineer. Furthermore, the utility plan that we are providing as part of your application for final plan approval shows the installation of an overflow drain at the lower end of the wetland. This drain would allow excess runoff from the site to drain to the public storm drain system in Randy Street. Office (541) 857-0864 Fax (541) 857-1947 1236 Disk Drive Ste. I, Medford, OR 97501 " ~' Ma~ 10 2007 12:38PM Thornton En~ineerin~ Inc. 541-857-1947 p.2 Page 2 of2 Based on the above, it is safe to conclude that the current proposal would not cause surface runoff to impact adjacent properties. Sincerely, Thornton ~ngin~ By: ~d Ki J. ~lfP.E. WATER EASEMENT Helman Springs, LLC, an Oregon Limited Liability Company, owner of that certain real property in Jackson County, Oregon described on Exhibit "An attached, is in the course of developing a Planned Community on said real property. In creating said Planned Community, the undersigned wilJ fonn a homeowner's association to be known as the Helman Springs Homeowner's Association; its intended function being the administration of the common property of the Planned Community and enhancing the quality of life of its residents. Situated on the subject property is a certain geothennal water well of great historical significance which is located on the Common Property of the approved plat for the Planned Community. The undersigned does hereby grant a perpetual easement for the use and enjoyment of the waters of said well and its associated spring to all future owners of Lot 18 of the Planned Community. It is understood that said water will be shared between the Homeowner's Association and all future owners of said Lot 18. Either party may enforce their rights herein as against the other. Either party may enhance the subject well in the future provided that it is always subject to compliance with all laws then in effect. No party shall be entitled to cap, degrade, or destroy the subject wellhead. It is agreed that the water will be divided between the parties such that the owners of Lot 18 will continue to receive a volume roughly consistent with that utilized heretofore in serving the existing pool on that lot. That flow is estimated at _ gpm. All of the rest of the water from the well shall be available to the Homeowner's Association. It is currently planned that a water feature will be developed on Common Property of the PI~ned Community for the use of said water. All maintenance of the well and all transmission lines to the above pool on Lot 18 will be the sole responsibility of the owner of Lot 18. Said owner is obligated to maintain said well in good condition for the benefit of both parties. Th~ Homeowner's Association will be solely responsible for all maintenance concerning all transmission lines for the water it utilizes. This easement shall be deemed appurtenant to Lot 18. DATED this _ day of .2007. HELMAN SPRINGS, LLC By: DEVIAN AGUIRRE, Manager STATE OF OREGON ) ) 9 COUNTY OF JACKSON ) On this _ day of , 2007, personally appeared the above-named Devian Aguirre, Manager of Grantor Limited Liability Company, and acknowledged the foregoing instrument to be a voluntary act. Before me: Notary Public for Oregon My Commission Expires: Water Easement -1- DAVIS, HEARN, SALADOFF BRIDGES & VISSER A Professional Corporation 515 EAST MAIN STREET ASHlAND. OREGON 97520 (541) 482-3111 FAX (541) 488-4465 I / www.davisheam.com , ; J MEMO Date: February 9, 2007 Re: Helman Springs Development - Water Rights relating to Existing Well To Whom It May Concern: The Planning Commission has expressed concern over a potential water right issue of the existing well/spring on the subject property. In researching this, we have determined that no water right is required. According to the Jackson County Watermaster, a well using less than 15,000 gal/day for uses such as a pool do not require a water right (see attached copy of ORS 537.545 Exempt Uses). Based on the Water Supply Well Report (attached in the Hydrogeologic Assessment by Cascade Earth Systems), the well has a continuous flow of 20 gal/hour, equivalent to roughly 500 gal/day. This is far below the required flow rate necessitating a water right for this use. We hope this resolves any concerns regarding the use of the well. Spring! Summer 2007 Fall 2007 to Spring 2008 Helman Springs Homes Development Timetable Wetlands Mitigation Rough grading for houses Drainage Street work Curb/ Gutter & Sidewalks Perimeter fencing Common area landscaping & features Building Construction I r f",r7 , Spring/ Summer 2007 ) Helman Springs Homes Financing Conventional loan from commercial lender for infrastructure and balance due on land. Total to be financed <$1,200,000. HELMAN SPRINGS HOMES PROJECTED ANNUAL HOMEOWNER ASSOCIA TION BUDGET Applicant is projecting an initial monthly budget of the Association of Unit Owners for the operation and maintenance and any other common expenses of the Homes as follows: EXPENSES Monthly Annual Electric $20 $240 Water $50 $600 Landscape Maintenance/Replacement $300 $3600 Wetlands Maintenance $250 $3000 Common Area Liability Insurance $60 $720 Slurry coat drive $35 $420 Management Fees (5% of fees) $36 $432 Contingency (10%) $72 $864 Total Fees needed $823 $9876 UOA Fees per Unit $68.58 $823.00 i; Ii Proposed Home Elevations & Floor Plans: Proposed Elevation #1 3 Bedroom-2 1/2 Bath Den & Family Room 2362 sq uare feet Proposed Elevation #2 4 Bedroom- 2 1/2 Bath & Den 2453 square feet ! "'. Proposed Elevation #3 3 Bedroom- 2 1/2 Bath Office & Game Room 2605 sq nare feet ,"'" ,-I -"". JACK DAVIS CHRISTIAN E, HEARN" SUSAN VOGEL SAlADOFFt JENNIFER A. BRIDGES JESse A. VISSER DAVIS HEAB~~lSALADOFF BRIDGES <WISSER ATTORNEYS N\T LAW SAM B. DAVIS. Retired SIDNEY E. AINSWOIml (1927-2003) DONALD M. PINNOCK. Retnd DANIEL l, HARRIS - Reli1e<t DAVID V. GilSTRAP. Of Counsel . Also Admitted 10 Practk:8 In CA t Also AdmlIted to Pracuce In DC. MO. PA and NJ Established 1953 A Professional Corporation 515 EAST MAIN STREET ASHLAND, OREGON 97520 (541) 482-3111 FAX (541) 488-4455 www.davisheam.com May 23, 2007 Via Email Transmission City of Ashland Department of Community Development 20 E. Main Street Ashland, OR 97520 Attn: Maria Harris, Senior Planner RE: Planning Action # 2006-00078 Location: 247 Otis Street Applicant: Sage Development, LLC Submittal in compliance with Condition # 37 Dear Maria: Here is Applicant's submittal addressing Condition of Approval # 37 in connection with Applicant Sage Development, LLC's request for final plan approval for the project at 247 Otis Street. BACKGROUND On January 2,2007, the City of Ashland ("City"), through its Council, issued Findings, Conclusions, and Orders approving, with conditions, the application submitted by Sage Development, LLC ("Applicant") for Outline Plan approval of an 18-unit single family residential subdivision and related approval requests (Planning Action # 2006- 00078) (the "Project"). Condition # 37 of City's Findings, Conclusions, and Orders states: "Applicant shall mitigate traffic impact of this 18 lot subdivision consistent with a constitutionally required individualized determination of the impact of this development in relation to any requested off-site flECC\VED C;ty of Ashl...,nd CommUI"ty Dc;v,,:uprnent Page -2- City of Ashland Department of Community Development May 23, 2007 improvements, in accordance with the Ashland City Code, as may be in place at the time of application for final plan approval. Applicant has indicated acceptance of any requirement fairly imposed [related) to the development of street improvements." On January 13, 2006, Applicant submitted to City its "Helman Springs Homes Development Traffic Impact Analysis," drafted by JRH Transportation Engineering. This Traffic Impact Analysis appeared in the Record before City's Council at the time of the public hearings on the Project. (Record: pp. 369 - 437). A copy of the 69-page Traffic Impact Analysis is again provided to City as an attachment to this letter, and incorporated herein by reference. Condition # 8 of City's Findings, Conclusions, and Orders generally requires off. site sidewalk improvements on Randy Street, connecting the Project to Laurel Street, but these are limited to sidewalk improvements, not "traffic impact." Further, Applicant has agreed to provide these improvement. Condition # 36 of City's Findings, Conclusions, and Orders generally requires Applicant to execute a document consistent with ALUO 18.68.150, agreeing to participate in "their fair share costs" associated with a future local improvement district for future improvements to Laurel Street, when these might someday become necessary or advisable in the opinion of Council. Applicant agrees not to remonstrate against such distri~. Applicant has agreed to comply with the above conditions of approval in connection with final plan approval. DISCUSSION In Dolan v. City of Tigard, 114 S.Ct. 2309, 129 L.Ed.2d 304 (1994), the U.S. Supreme Court held that a condition of approval requiring dedication of property must include findings demonstrating a reasonable relationship between the dedication, or the rough proportionality of the condition, to the impacts of the development. Although no precise mathematical calculation is required, there must be some particularity in local government findings aimed at addressing the relationship between developmental conditions and the impacts of the development. The issue is "whether the evidence in the record would lead a reasonable person to conclude that there is a need for the condition to further a relevant planning purpose. II Carter v. Umatilla County, 29 Or LUBA 181 (1995). :'" '"" ;,..~ i " L_~.J DAVIS, HEARN, SALAOOFF BRIDGES & VISSER A Professional Co<poration 515 EAST MAIN STREET ASHlANO. OREGON 97520 (541) 482-3111 FAX (541) 488-4455 City of Asrland f""-\~i1rr~' T~l'\' r",~y,!~~("nrY1f.~nt Page -3- City of Ashland Department of Community Development May 23, 2007 In this case, Condition # 36 requires Applicant to waive its right to remonstrate against, and consent to participation in, the cost of future street improvements. Further, AMC 13.20 allow's City's Council, in it's discretion, to call for the formation of a local improvement district to pay for any future street improvements which City deems necessary, in accordance with the provisions of AMC 13.20. ORS 223.389 allows Oregon cities to adopt ordinance provisions, like AMC 13.20, to finance the cost of future street improvements which become necessary or advisable. The Traffic Impact Analysis submitted by Applicant in connection with the Project concludes that "Study area streets were shown to have sufficient capacity to serve the proposed Helman Springs Homes [the Project]." See attached Traffic Impact Analysis, and Record, p. 371. The purpose of Condition # 37 was to require Applicant to comply with the requirements of "Ashland's City Code" as it might exist at the time of application for final plan approval. The Ashland City Code, and more specifically the provisions of AMC 13.20 and ALUO 18.68.150, have not been amended since the Findings, Conclusions, and Orders in connection with Applicant's Outline Plan Approval were issued on January 2,2007. Therefore, Condition # 36 fully covers all future off-site "traffic impacts", and no construction of off-site street improvements are required of Applicant at this time, In Rogers Machinery, Inc. v. Washington County, 181 Or. App. 369 (2002), the Court held that "legislatively imposed and generally applicable fees" do not trigger Dolan's heightened scrutiny test. Similarly, in Homebuilders Association of Portland v. Tualatin Hills Park and Recreations District, 185 Or. App. 729 (2003), the Court held that systems development charges imposed on developments do not trigger Dolan heightened scrutiny analysis, because they are quasi-legislative in nature and not an ad hoc exaction. In McClure v. City of SpringfiJed, 39 Or LUBA 329 (2001), LUBA stated: "In their first assignment of error, petitioners also contend that the city's findings are wholly inadequate to justify Condition 10. See n 1. Petitioners argue that any exactions imposed in an improvement agreement must Similarly comply with Dolan. r.iL.C: . \/L.D DA VIS, HEARN, SALADOFF BRIDGES & VISSER A Profeslional Corporellon 515 EAST MAIN STREET ASHlAND, OREGON 97520 (S41) 482,3111 FAX (541) 488-4455 '-';I ,f Cty of AsU3nd r,Ofl'T "d', : ,-me>l"!t Page -4- City of Ashland Department of Community Development May 23, 2007 "The city responds that the improvement agreement is merely a waiver of remonstrance to the formation of a local improvement district, and does not prevent petitioners or successors in interest from protesting the percentage or amount of improvement costs. The city contends that such an agreement is not subject to a takings analysis under the Fifth Amendment, because there is no loss of the beneficial use of property as a result of the condition. "We agree that a waiver of remonstrance to the formation of a local imorovement district is not subiect to the analysis required by Dolan because it. by itself. does not result in a loss of petitioners' property. "Petitioners' first assignment of error is denied, in part." McClure v. City of Springfield, 39 Or LUBA 329, 350 (2001); affirmed: McClure v. City of Springfield, 175 Or. App. 425 (2001). (emphasis added) . FINDINGS AND CONCLUSIONS Finding # 1: Condition # 36 of the Findings, Conclusions and Orders issued in connection with Outline Plan Approval of Applicant's Project stated: "Applicant shall execute a document as consistent with ALUO 18.68.150 agreeing to participate in their fair share costs associated with a future Local Improvement District for improvements to Laurel Street and to not remonstrate against such District. Nothing in this condition is intended to prohibit an owner/developer, their successors and assigns from exercising their rights to freedom of speech and expression by orally participating in the LID hearing or to take advantage of any protection afforded by any party by City ordinances and resolutions." Conclusion of Law: Applicant has agreed to comply with the above Condition # 36, and any future improvements to Laurel Street will be financed, in part, by owner/developer, their successors and assigns. This will require the owner/developer DA VI~ HEARN, SALADOFF BRIDGES & VISSER A ProfessiOnal Corporation 515 EAST MAIN STREET ASHLAND.OREGON97~ (541) 482-3111 FAX (541) 488-<l455 :-1 -., c:+~, r"'lf ..ftsi--,I-~f':rl Page -5- City of Ashland Department of Community Development May 23,2007 of the Project, their successors and assigns to participate in mitigating any traffic impact created by the project through the LID process. Finding # 2: Applicant has submitted a Traffic Impact Analysis which concluded that "study area streets were shown to have sufficient capacity to serve the proposed Helman Springs Homes development." Ree: p. 371, and attachment. Conclusion of law: Off-site traffic impact improvements are unnecessary at this time to mitigate the traffic impact of the Project. Finding # ~: Condition # 37 of the Findings, Conclusions, and Orders issued in connection with Applicant's project requires: "Applicant shall mitigate traffic impact of this 18 lot subdivision consistent with a constitutionally required individualized determination of the impact of this development in relation to any requested off-site improvements, in accordance with the Ashland City Code, as may be in place at the time of application for final plan approval. Applicant has indicated acceptance of any requirement fairly imposed [related] to the development of street improvements." Conclusion of law: The Ashland City Code, at this time, allows the traffic impacts from the Project to be mitigated by owner/developer, their successors and assigns, agreeing to finance any future street improvements as required by Condition # 36. By complying with Condition # 36, no constitutionally required individualized determination of the impact of this development in relation to any requested off-site traffic mitigation improvements is necessary. McClure v. City of Springfield, 39 Or. LUBA 329,350 (2001). Existing Condition # 36 covers the construction of off-site improvements necessary to mitigate traffic impact from Project. In light of Condition # 36, no "constitutionally required individualized determination" of the traffic impact" of the Project is necessary or required. Sincerely, DAVIS, HEARN, SALADOFF, BRIDGES & VISSER, P.C. ~~ ~ C"..: ) DAVIS, HEARN, SALADOFF BRIDGES & VISSER A Professional Ca<poration 515 EAST MAIN STREET ASHLAND, OREGON 97520 (541) ~82.3111 FAX (541) ~88~455 ~f' "." r I :\ CO~l':n-"" '.' ..t Page -6- City of Ashland Department of Community Development May 23, 2007 Attachment: Helman Springs Homes Development Traffic Impact Analysis cc: Richard Appicello, City Attorney Client DAVIS, HEAR,'1, SALADOf'F BRIDGES & VISSER A ProIe$slonal Corporation 515 EAST MAIN STREET ASHLANO. OREGON 97520 (541) 482-3111 FAX (541) 488-<1455 ! (-, . :~ ENGINEERS rROIfCT MANAGfRS rlANNEK) ~ Ifj"" RECEIVED 'I JA113. Cly flI ,.""", ~ DlM!OPlll.,t HELMAN SPRINGS HOMES DEVELOPMENT TRAFFIC IMPACT ANALYSIS MEDFORD, OREGON JANUARY (i, 2006 JRH TRANSPORTATION ENGINEERING li7:; 1'\'1 M,\It'-J\lRfll '~ll(rl 1{,Mll1hl/(l) ')Rfl,l)N 'I7:;,),! "Ii 77(,')\)(,(, r,,~ ;,11 77i.7'l11 Jf{II,{tIIU1WII;ll\M ( I .I / I' + JRH TRANSPORTATION ENGINEERING HELMAN SPRINGS HOMES DEVELOPMENT TRAFFIC IMPACT ANALYSIS Ml.l)!-1. 'Ill '. ~ljU~;1. IN !.'\ !\.!l )\ 1\ -, (\ /l H h ' [RENEWAL DATE I"LI 3.1 lo~ JRH TRANSPORTATION ENGINEERING 1'7~ ~Aq MAIN'TfHfT ';lllll 1\, MI PH )Rn, l1Rh;nN 'l7,;nl 'd i77I;,')')(,I, F,'1X ',1177(,7' 117 II{ II" 11\ 11\-,'11; \ \)M "'l.. , -, / ' ......' : EXECUTIVE SUMMARY BACKGROUND JRH Transportation Engineering performed an analysis of potential traffic impacts for the proposed Helman Springs Homes development on Township 39 Range IE Section 04BC tax lot 400. The site is located west of Laurel Street between Otis Street and Randy Street in Ashland, Oregon. + Total acreage of the property is equal to 4.38 acres. The proposed Helman Springs Homes development includes build-out of 20 single family residential (SFR) dwelling units. The traffic generation for 20 SFR dwelling units is 191 average daily trips with 20 in the PM peak hour and 15 in the AM peak hour. The proposed development will extend Drager Street to the north to intersect with Randy Street west of Willow Street. Access to the site is proposed from Otis Street, Randy Street, and the Drager Street extension. The study area in<::ludes the intersections of Randy Street & Willow Street, Laurel Street & Randy Street, Otis Street & Laurel Street, and Otis Street & Drager Street. A level of service analysis was prepared for study area intersections under existing year 200S, year 2006 no build, and year 2006 build conditions. Analyses were prepared for the AM and PM peak hours of the day. RESULTS All intersections within the study area operate acceptably under existing 2005, year 2006 no build, and year 2006 build conditions. Study area streets were shown to have sufficient capacity to serve the proposed Helman Springs Homes development. jRH TRAN<;POR TAT ION ENGINEERINC I JANUARY G. 200GIHELMAN SPRINGS HOMESTlA 13 ~. " I / ;. / TABLE OF CONTENTS + EXECUTIVE SUMMARY ..... ................. ........ ..... ............... ..... ...... .... ......... ..... ........ ...... ...... ........ ...... 3 1.0 INTRODUCTION.. ........ ..... ....... ........................... .............................. .............. ................... ........ 6 2.0 SITE DESCRIPTION ............... ......... ...... ........... ........ .......... ...... ................ .................... ........ ..... 8 2.1 ROAD SYSTEM ......,.., ."..,..,......... ,..,....,.....,...,.. ..... ,'...,..,... .,....,'...... ......... ...,'..,'.. '" ......,....."..,. 8 2.2 TRAFFIC COUNTS..... ..... ....... ....... ..... '.. ,.........,......., ..., ...... .....,.....,....., '............. ........ ..... '....,,'.. 8 2.3 TRAFFIC VOLUME ADJUSTMENTS..,..........,....,............,.,.............,..,..,..,..............,......,........,8 2.3.1 SEASONAL ADJUSTMENT.."..,........,..,..,.." ....., '..... ",.., .......... .."..... ,...."...,."..... '.. ... ......,...,,8 2,3,2 BACKGROUND TRAFFIC ADJUSTMENT ....'.......'..'........................,......,...........,..............,10 3.0 TRIP GENERATION ....................................... ............ ............................... ......................... ..... 10 4.0 TRIP DISTRIBUTION AND ASSIGNMENT ............................................................................10 5.0 INTERSECTION PERFORMANCE MEASURE ......................................................................12 6.0 EXISTING PERFORMANCE MEASURES .............................................................................12 6.1 ADJUSTED YEAR 2005 PERFORMANCE ANALYSIS ,.....,.....,...,.............,............,.............,12 6,2 EXISTING STREET CAPACITY...............",...,..........................",.....,..,.............,...."....,..,......13 7.0 BUILD & NO BUILD PERFORMANCE MEASURES .............................................................14 7.1 YEAR 2006 BUILD AND NO-BUILD PERFORMANCE ANAlYSES ......................................14 7,2 YEAR 2006 STREET CAPACiTY............,.............,....,....,..,.....,..,.......,....................,..........,..,14 8.0 RECOMMENDATIONS AND CONCLUSIONS .......................................................................17 LIST OF TABLES TABLE 2,1: STUDY AREA ROADWAY CHARACTERISTICS..................,.....,.........,........,......,.....8 TABLE 3,1: AM & PM PEAK HOUR TRIP GENERATIONS..,....,........,...........,......,....,......,......,..,10 TABLE 6.1: ADJUSTED YEAR 2005 STUDY AREA PERFORMANCE ANALYSES. ..........,... .,...12 TABLE 7.1: YEAR 2006 BUILD & NO BUilD PERFORMANCE ANAlYSES,........,....,..........,..... 14 LIST OF FIGURES FIGURE 1: VICINITY MAP '.. .,..'"",., ,,' '" .,. .,.,., '",., ". '" ,,' ,', '" '" ,'.'" '.' ". '., ." '" .,. ,., '.. ,'. .,. 7 FIGURE 2: EXISTING YEAR 2005 TRAFFIC VOLUMES (AM/PM).... .......... ....,.... ..............9 FIGURE 3: DEVELOPMENT TRAFFIC VOLUMES (AM/PM).., '....,....,..,.... '.. ..,..,..,... ....,....11 FIGURE 4: YEAR 2006 NO BUilD TRAFFIC VOLUMES (AMlPM) ... ............ ....'.... ............ .15 FIGURE 5: YEAR 2006 BUilD TRAFFIC VOLUMES (AM/PM)... '...., ..,..,..' ...... ...... ....,..,....16 JRH TRANsrCIR. TATI(lN fNGINHRINlJ IJANUARY 6. 20061HELMAN SPRINCSROMESTIA 14 .~ "'I:J.. LIST OF APPENDICES APPENDIX I APPENDIX II APPENDIX III APPENDIX IV APPENDIX V APPENDIX VI APPENDIX VII APPENDIX VIII SITE PLAN TURNING MOVEMENT COUNT DATA TUBE COUNT DATA EXISnNG YEAR 2005 SYNCHRO OUTPUT YEAR 2008 NO BUILD SYNCHRO OUTPUT YEAR 2006 BUILO SYNCHRO OUTPUT ATR INFORMATION CITY OF ASHLAND STREET DESIGN STANDARDS jRH TRANSrORTATlUN ENCjlNfERINli I JANUARY G. 2006lHELMAN SPRINGS HOMESTIA 15 ~ , . .~ / + 1.0 INTRODUCTION + JRH Transportation Engineering perfonned an analysis of potential traffic impacts for the proposed Helman Springs Homes development on Township 39 Range IE Section 04BC tax lot 400. The site is located west of Laurel Street between Otis Street and Randy Street in Ashland, Oregon. Refer to Figure 1 for a vicinity map. Total acreage of the property is equal to 4.38 acres. The proposed Helman Springs Homes development includes build-out of 20 single family residential (SFR) dwelling units. The traffic generation for 20 SFR dwelling units is 191 average daily trips with 20 in the PM peak hour and 15 in the AM peak hour. The proposed development will extend Drager Street to the north to intersect with Randy Street west of Willow Street. Access to the site is proposed from Otis Street, Randy Street, and the Drager Street extension. The study area includes the following intersections: 1. Randy Street & Willow Street 2. Laurel Street & Randy Street 3. Otis Street & Laurel Street 4. Otis Street & Drager Street A level of service analysis was prepared for study area intersections under existing year 2005, year 2006 no build, and year 2006 build conditions. Analyses were prepared for the AM and PM peak hours of the day. The AM peak hour is typically less than the PM peak hour but in this case there is a school within a quarter mile of the proposed development and the AM peak is larger than the PM peak. For this reason. both peak hours were evaluated. jRH TRAN')PORTATlON ENGINEER.ING I JANUARY 6. 2006IHELMANSPRINGS HOMESTIA 16 37LJ . I FIGURE 1 : VICINITY MAP NEVADA STREET LEGEND VICINITY MAP jRH TRANSPORTATION ENGINEERING 1175 E. MAIN STREET SUITE lC J MEDFORD.OII.EGON mSOI ~ NOT TO SCAU RANDY STREET ... ..... ..... a: !;:; .... ..... a: ::J ~ + litH fRAN<;l'ORTATll)N FNCINEfRIN(i I JANUARY 6, 200G1HELMAN SPRINGS HOMES TIA 17 :-. ).1) 2.0 SITE DESCRIPTION + The proposed Helman Springs Homes development is located west of Laurel Street between Otis Street and Randy Street. Proposed access is to be taken from Otis Street, Randy Street. and the Drager Street extension through the site. 2.1 ROAD SYSTEM The general characteristics of streets in the study area are provided in Table 2.1. TABLE 2.1: sruDY AREA ROADWAY CHARACTERISTICS Roadway Functional Nurna. of cum & DesIgn SIdewalks Bike Posted Classification ......, Gutter Speed Lanes BUI DIreetion Routes laurel Skeet Neighboftlood 1 Yes 20 MPH No No No Residential OIls Street Neighborhood 1 Yes 20 MPH No No No Residential Randy Street Neighborhood 1 Yes 20MPH Varies No No Residential Drager Street Neighborhood 1 Yes 20 MPH No No No Residential WiIow Street Neighborhood 1 Yes 20 MPH No No No Residential 2.2 TRAFFIC COUNTS Count data for study area streets and intersections was prepared during November of 2005. Refer to Appendices II & III for data. 23 TRAFFIC VOLUME ADJUSTMENTS 2.3.1 SEASONAL ADJUSTMENT Application of seasonal adjustment factors accounts for the fact that volumes on streets tend to fluctuate from month to month because of increased recreational traffic, etc. Since manual counts are taken throughout the year, COWlt data needs to be converted to the peak month of the year to represent 30th highest hour volumes. Converting count data to 30th highest hour volumes is accomplished using data collected at ODOT Automated Traffic Recorder (A TR) stations or using local historical data if available. For purposes of this study, ATR 15-014 along OR 99 was the closest ATR to the site. Traffic volumes along OR 99 are much larger than those in the study area but the street characteristics are similar because OR 99 carries a large volume of local traffic. Historical count data specific to the study area would have been preferable but none was available. Based upon this. A TR 15- 014 was used to develop a seasonal adjustment factor. Evaluating data over five years produced a seasonal adjustment factor of 1.11 for November counts. Refer to Appendix VII for A TR information. Refer to Figure 2 for adjusted year 2005 traffic volumes. JRH TR/l,NSrOR TA nON ENGINHRINlJ IJANUARY 6, 200GIHELMAN SPRINGS HOMESTIA 18 ..:... 'i L~ , ,. + FIGURE 2 AD] YR 2005 (AM)PM NEVADA STREET fKiUIl.E 2 : An] YR 2005 I.AMH'M JRH TRANS('ORTAlION ENGINEERING II7S E. MAIN STREET sum Ie 1 MEOFORO, OREGON 97S01 . ~ NOT TO SCALE I (1]4 L ' I {2)4 _' '...J~-_.(~;--:--l ~ ! - (llII i (8l1 (22)10; RANDY STREET ~I - .. -.::JiO~--I--J-\C' . ~ '10JO ~ (0)1 .'11: . ,m)1I I l4812S I (_ I (311L . (8)221 (102)4! (4)3 _ I . I r ,__~40J4 r ',,- - ,!",,-..........-..- . , . ...J (3)1 !~- 1110)8 : (2)3('03141 (1")71 : 1214 I ~ .,_l.-:-._. ~ t;; .... ..... ~ ;:) :s LEGEND Olt, "'o/, -f VI; "'v/, JRH TRAN<;['llRTATll)N EN\JINEERINli I JANUARY 6, 20061HELMAN SPRINGS HOMES TIA 19 J,. ',. ,-! 0_,' I I 2.3.2 BACKGROUND TRAFFIC ADJUSTMENT The proposed development is scheduled for completion in year 2006. Year 2006 no build and 2006 build scenarios were derived by applying a growth rate to existing 2005 count data. Growth rates were detennined based on historical data from ATR 15~014. Refer to Appendix VII for growth rate infonnation. + 3.0 TRIP GENERATION The number of vehicular trips for the proposed Helman Springs Homes development is estimated based upon the trip generation for single family residential dwelling units. Trip generations are based upon the lTE Trip Generation Manual, 7th Edition. Refer to Table 3.t for results. TABLE 3.1: PM PEAK HOUR TRIP GENERATION Lind Use Land SIze ADT AM PM PM AMTrtp AM U.. TrlD RItI TrIDs TriD Rate TrIIII RIll Trios HelmanSprIng& Homes Dev Single FamilY SFR 210 2000 9.57 191 1.01 20 0,75 15 Total 20 15 4.0 TRIP DISTRIBUTION AND ASSIGNMENT Project trips were distributed based upon existing traffic volumes on Laurel Street, Otis Street, Randy Street, Drager Street, and Willow Street within the study area. In an evaluation of the local street system, a larger percentage of trips were shown to come from and go to the south during the PM peak hour. During the AM peak hour a larger percentage of inbOlmd trips were shown to come from the north and east white outbound trips favored going to the south. Based upon this, approximately 700.4 of inbound trips (8 trips) during the PM peak. hour were estimated to come from the south and 30% (3 trips) from the north and east. During the AM peak. hour approximately 25% of inbound trips (1 trip) were estimated to come from the south and 75% (3 trips) from the north and east. Fifty-five percent of outbound trips (6 trips) during the AM peak hour were estimated to go to the south and 45% (5 trips) to the north and east. Similarly, 70010 of outbOlmd trips (5 trips) during the PM peak. hour were estimated to go to the south and 300/0 (2 trips) to the north and east. Refer to Figure 3 for development trip distributions. JRH TRANSr()RTATI,)N EN, lINFFRINt; I JANUARY 6, 2006IHELMAN SPRINGS HOMESTlA 110 ~~ '/ ~'~ .~ ./ + FIGURE 3 DEVELOPMENT TRIPS (AM)PM NEVADA STREET (0)0 1m T j <;;:r--, ; - ($t6 ! (2)1 (O)O! I , ; (0)0 C~ (1)4-' ,.-------....... .- 1010 (0)0- ItolO : (3)51' LEGEND I FIGURE :I : DEVELOPMENT TRIPS (AM)P~ JRH TRANSPORTATION ENGINEERING Il7S E. MAIN STREET SUITE Ie 1 MEDfORD, OREGON <J7S01 . ~ NOT TO SCAlE ~ ", . "~Ib\NDY STREET ~SITEI " "..':.J (0~2)D :JIL. I (3)0 (0)0 (1)1 (0)0 (0)0 (0)0 L .(0)3 I (010 (",- _ ."1(" .. "_.I?~C .... 2 (~~'.i (~:,-. ,. ~ I(O)O,IOJll I""' .. (0)0 : (1)& t:: (010 I (0)0 i (0)0 L: '" "I r : (OJllI. ~ - -' 0 .., ;::! ~ ~ Q <j (')0. .'.J1-1 I (3)5 (')1 (3J1l (0\3--\ .. ('}5 I ~ '. -=t_.___. IX l- V'> .... ... IX ::) :s O~IItC'~ -1"'1; "\tv... IRH TRANSI'IJRTi\T1()N ENGINEERING IJANUARY 6. 2006IHELMAN SPRINGS HOMESTIA III '., ( / '.'1' '_A'; I + 5.0 INTERSECTION PERFORMANCE MEASURE The intersection performance measure used in the analysis was level of service (LOS). Level of service is a concept developed to quantify the degree of comfort (including such elements as travel time, nwnber of stops, total amount of stopped delay, and impediments caused by other vehicles) afforded to drivers as they travel through an intersection or roadway segment. It was developed to quantify the quality of service of transportation facilities. LOS is based on average delay, defined as the average total elapsed time from when a vehicle stops at the end of a queue until the vehicle departs from the stop line. Average delay is measured in seconds per vehicle per hour and then translated into a grade or level of service for each intersection. LOS is the performance standard for intersections under the jurisdiction of the City of Ashland and Jackson County. LOS ranges from A to F, with A indicating the most desirable condition and F indicating the most unsatisfactory condition. LOS 0 is the minimum acceptable level of service for streets and intersections. Performance measures were evaluated according to the Highway Capacity Manual (HCM) method implemented in SYNCHRO Version 6. 6.0 EXISTING PERFORMANCE MEASURES 6.1 ADJUSTED YEAR 2005 PERFORMANCE ANALYSIS Adjusted year 2005 conditions account for seasonally adjusted count volumes. A level of service analysis was prepared at study area intersections under adjusted year 2005 conditions. Results are provided in Table 6.1. PM Elclltln VIII' 2005 LOS A LOse Lose LOS 0 LOS A LOS A LOS A LOS A LOS A LOS A As shown in Table 6.1, all study area intersections are shown to operate within standard minimums lDlder adjusted year 2005 conditions. Refer to Appendix IV for SYNCHRO output. J~H TRANSP()RT~Tlt)N EN(~INEERJNG I JANUARY 6. 2006IHELMAN SPRINGS HOMES TIA 112 ..... "/ " + 6.2 EXISTING STREET CAPACITY The City of Ashland has street design standards with desirable average daily trip (ADT) volumes for various street classifications. Table 1 on page 20 of the Street Standards Handbook lists less than 1,500 ADT for neighborhood residential streets and 1,500-5,000 ADT for neighborhood collector/residential streets. Otis Street, Drager Street, Willow Street, and Randy Street fit the neighborhood residential standard, while Laurel Street meets the neighborhood collector/residential standard because it gathers trips from various smaller residential streets and distributes them to Orange Avenue and Nevada Street. The design speed for all study area streets is 20 miles per hour and tube count information shows that all currently carry less than 1,500 ADT. Study area streets, therefore, conform to the neighborhood residential street standard. Refer to Appendix VIII for the City of Ashland street design standards. Street capacity is not commonly measured directly from the traffic volume on a given section of roadway. Capacity is commonly evaluated based upon the operation of intersections along the roadway. When intersections reach level of services above level of service D then it is commonly determined that additional capacity is necessary or signalization is required. The livability of a roadway, on the other hand, is commonly measured by traffic volumes and traffic speeds. Many local agencies have desired roadway volume ranges provided in transportation system plans or street standards handbooks similar to that of the City of Ashland. For purposes of this report, capacity is measured by intersection operation and street livability by the traffic volume and design speed The capacity of all streets within the study area is shown to be adequate under existing year 2005 conditions. This is based upon a level of service D or better at all study area intersections. The livability of streets within the study area is also shown to be adequate based upon design speeds of 20 miles per hour and tube counts taken along eacb study area street. Results of the tube counts show that all study area streets currently carry less than 1,500 ADT. Refer to Appendix III for tube count data. }RH TRAN~IY}RTA.TIUN fNGINEERINl:j I JANUARY 6. 2006IHELMAN SPRINGS HOMESTIA 113 :'.:/ (' " . + 7.0 BUILD & NO BUILD PERFORMANCE MEASURES 7.1 YEAR 2006 BUilD AND NO'BUllD PERFORMANCE ANALYSES Year 2006 no build conditions account for seasonally adjusted count volumes that have been increased by an appropriate growth rate to reflect year 2006 traffic volumes but do not include project trips. Year 2006 build conditions are no build volumes that are increased by project trips, and therefore represent full build conditions. Both scenarios are evaluated to compare the impacts of general background growth to specific development impacts. Results are provided in Table 7.1. TABLE 7.1: YEAR 2006 BUILD & NO BUILD PERFORMANCE ANAlYSES InternctIon LOS Slancllrd AM PM AM PM No 8uIId No Build BuIld BuIld Performance Performance PerformInc:e Performance Laurel Street & Randy Street LOS 0 LOS A LOS A LOS A LOS A Randy Street & Willow SWeet LOSD LOS A lOSA lOSA lOSA Laurel Street & Otis Street lOSD LOS A lOSA lOSA lOSA Otis SWeet & Draaer Street lOSD LOS A lOSA lOSA lOSA Proposed Drager Street & LOS 0 - - lOSA lOSA Randv Street As shown in Table 7.1, all study area intersections are shown to operate acceptably under year 2006 no build and build conditions. Refer to Appendices V and VI for SYNCHRO output. 7.2 YEAR 2006 STREET CAPACIlY The capacity of all streets within the study area is shown to be adequate under year 2006 build and no build conditions. This is based upon a level of service D or better at all study area intersections with the addition of backgrotmd growth and development trips. The livability of all streets within the study area is also shown to be adequate. The proposed Helman Springs Homes development is estimated to generate 191 ADT at full buildooQut. All study area streets are shown to carry less than 1,500 ADT with the addition of background growth and development trips under year 2006 no build and build conditions. JRH TRANSI'l.,RTATION ENCINEER.ING I JANUARY 6. 2006 (HELMAN SPRINGS HOMESTIA 114 "\ . ' .. ..... . ! ~ ,- ! + FIGURE 4 : YR 2006 NO BUILD (AM)PM NEVADA STREff ...J (3)7 i L . = 16lGj '"I' (22~. 1 ('14L (2l'l- ~I -(11)4 1101O (Ill (2l'l T LEGEND I FIGURE 4 : YI\.. 2006 NO llUILO IAMll'M I JRH TRANSPORTATION ENGINEERING iriS E. MAIN STREET SUITE Ie . MEDfORD. OREGON 97501 .. ~ NOT TO SCALE ~ RANDY STREET OTIS STREET -._.,.-~ lZlt - (21r O~l\fc;<, "1Vt; I\fV;<, I . . '-.J /ciO----nc' =;- ('010 . (oi,'I'-(1)1 I (17)11; (4)28 , ..- (2Il)4t , (511 L- (1122 I ('OS)4 \ (4)3 _ Ir .~r I- ... ..... ~ l- V) ....J ..... ~ ::::l :S , ~ IJll -,-=r. 1 I'.ll : (2)3('06140 .- (13S178 (214 I ,I ~ JRH TRAN~I'ORTATll1N ENGINEERIN(j I JANUARY G, 2006IHELMAN SPRINGS HOMESTIA 115 J.:.j. r + FIGURE 5 YR 2006 BUILD (AM)PM NEVADA STREET , (OlD (7)2 ,r tHI17 L ,(3)1- ".~__"___J... __..__..,~_ .- ('\7 (10)5- I IOlD (3)61 ~~--:.JC" - (lllD: (10lZ (22}IO ll:A~DY STREET FIGUIU 5: YR 2006 RUILD IAMll'M JRH TRANSI'ORTATlON ENGINEERING 1175 E. MAIN STREET SUITE IC 1 MEDFORD. OREGON !>7501 . ~ NOT TO SCAlf il ~ '.J (ojO r ..JC. ===\" (12)01 (0)' I (9)1. I (20)11 i (50)27 (2&,.. . '3)' L ..125 1('0.)<: . ' I r (S':o)< 1 . .,. _ __t..___ :.J'W-'-::JjL ,. ., (11)4' (0)0 ('J; "" , {O)O (0)0 "-' . .-.(0)0'....,... (1)5 L- ~ (I" I 12\4, (2)6 - ; , ,J~.! .(~.r 0 ...., :::! ~ ..J<ii'"-?rU. . I (U)IS (3l" f\"~9 --jiiiii9----- S (3111,1 a!. l- V'! .... '"" a!. ::> < .... LEGEND JRH TRAN<;r(lRTATlllN ENI..iINHRING I JANUARY 6, 2006IHELMAN SPRINGS HOMESTIA 116 ~) I:J' CI 7.0 RECOMMENDATIONS AND CONCLUSIONS + An intersections within the study area operate acceptably under existing 2005, year 2006 no build, and year 2006 build conditions. Study area streets are shown to have sufficient capacity to serve the proposed Helman Springs Homes development. The livability of study area streets is shown to be acceptable based upon maximum daily traffic volume standards provided in Table 1 of the City of Ashland Street Standards Handbook. No mitigation is required as a result of development. jRH TRANS['ORTATI()N fNGINEERIN(; I JANUARY 6. 2006IHELMAN SPRINGS HOMESTIA 117 ~) ;' ,-' ':'J ' .' + JRH TRANSPORTATION ENGINEERING APPENDIX I SITE PlAN ~ . I ,"-; .'\ ;;,,;.~ ';,.,J-- J .. ~ 40 , -I"... :1 :... : 9 I: ---._..~j t1 I' ,.....----- .1 ~ i ! Ii I It : I: It: ::s I ::s '.1 : ~ ; .......... ~.._._.-H , ~ 'I ~ ! I i' /,.. : ~ ': . I ", ~! I! -- -- -- ~ .. . r ' ' ~, 1-"-----+1 1 I I: - I ~ \ '.,!.. I L I I :'1 S : lr: \ S '-" i .. I r 'I l ~l l::s, '-' 2 I , _. 1 ' , I . I :~! H'-"---r"-"l,,~,,-,,"_::~---"-'fi "\ Iln In' n' .n. I . l-l.J-----.-I i jr--l i !:' I: -HIli t : : : 'I~II III - I' I I: I I ! I ! I: I I: l I I ! iI.i Ill, '____-1--_..l.___:::\::' _______L_____)) i I: .11111111 .111 : n _..--=.~.-_-.--L-:_. :-::...~-==-- 1\ II III 111111111.. " -t1 'r-'-'---'-'----'--"~-'------' 1I ~ ,II . .. .1 . ~ ': I' ,'--.,..--,-.--.,--.--,---------.'-. I' ,,' "11 I I ! I I I11I : I I. ('----r----r-----T----' , \ liT d if n ! 1: II i I : :: \ ~ II: I II I I I II I - I' I I IIII1IIIIII .U'" .... . ..........., ... .}; I "', " I . I + JRH TRANSPORTATION ENGINEERING APPENDIX II TURNING MOVEMENT TRAFFIC COUNTS , . f "." ~. ~. '.:'} WHlow From North Start Rig Thr Lef Ped Time ht u t S Factor 1.0 07:00 1 07:15 I 07:30 0 07:45 I Total 3 08:00 2 08: 15 3 08:30 1 08:45 0 Total 6 ..* BREAK ... 16:00 2 16:15 1 16:30 I 16:45 1 Total 5 17:00 17:15 17:30 17:45 Total 1.0 1.0 1.0; o 5 0 050 040 080 o 22 0 040 020 060 020 o 14 0 o S o 1 o 4 o 3 o 13 JRH Transportation Engineering 1175 East Main Street, Suite 1 C Medford, Oregon 97501 File Name: RandyWillowAMPM05 Site Code : 00000001 Start Date : 11/30/2005 Page No : 1 Groups Prlnted- Unshifled Randy From East __ Thr . Lef Ped Ai~~ Rig Thr Lef Ped u . t S , al; ht u . t S 1.0. 1,0; : 1.0. 1,0: o 0 0; 0 0 o 0 Ii 0 0 o 0 o! 0 0 o 0 01 0 0 o 0 I i 0 0 App. . Rig Tot ht al~.__ 1.0 i 1.0: 600 6 i 1 0 4 i 0 0 9\ 0 0 25! I 0 61 4 S i 3 7i 3 1 21 2 20 I 12 o o o o o 71 6 21 3 S I 6 I: I 2~ o o o 1 I o 2 0 21 S o 4 0 41 7 o I 0 11 1 020 3! 2 -0"9-'-'0'--.'101 15 Grand Total Apprcb % Total % IS 0 58 0 73\ 49 20. 0 0 79. 0 0 ' 81. 5 . 5' 7 33. i 28 8.8 0.0 9 0,0 42.7! -7 o 1 I I 3 4\ 0 ~ I ~ 181 0 From South 1.0~ o o o o o o o o o o o 0 o 0 o 0 o 0 o 0 o o o o o o o 1 2 3 o o o o o o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o o o o o 61 0 3: 0 61 0 61 0 211 0 o o o o o o o o o o I I o 2 4 ~ : I ~ 1 21 0 o 41 0 j- 20 ' 0 7 0 4 60 0 0 0 0 o o o o o 11. 00 67 7 . . 0.0 0.0 0.0 0.0 4.1 0.0 2.3 35.1 0.0 0.0 0.0 0.0 , - / I Ranciy.------ From West Thr Lef Ped App. Int_ t Tot Tota u ,s ai' I App. Ri Tot h~ al 1.0 "--:To ' o 0 0 o 0 i 0 o 0 i 0 o 0: 0 o 0: 0 01 0 Oi 0 01 0 ~I ~ 0' 0 o 0 o 0 o 0 o 0 o o o o o 01 0 0\ 0 01 0 01 0 '..0 I 0 1.0' l.0. o I I 0 I 0 o 0 2 I 020 3 0 14 2 I 2 100 6 3 16 o 0 o 0 o 1 o 1 o 2 1.0 o o o o o I-i?' I : 8 1 i 5 01 9 3 i 29- I 2! 12 171 26 S'hi7 1 8 25 63- o 0 I 13 1 I 6 o 1 12 ~---+~_.{+ o 4 IS! 13 : L:. ~~I o 6 I 7 37 o · 0 8 12 18 00 21. 31. 47. . 1 6 4 0.0 0.0 4.7 7.0 105 38 171 22.2 JRH Transportation Engineering 1175 East Main Street, Suite 1C Medford, Oregon 97501 File Name: RandyWilIowAMPM05 Site Code : 00000001 Start Date : 11/30/2005 Page No : 2 Percent High Int. Volume Peak Factor 1 25. 9 07:45 I Randy From South From West App. : Rig Thr, Lef Ped' App. ' Rig ; Thr Lef Ped . App. Int. Tot ht I t Tot, h; Tot: Tota al ! i u. _.... : S al : t I U t . 5 _ a.1. ____L 07:45 , i 07:45 0 0 5 3 16 24 0.0 20. 12. 66. 8 5 1 08:15 0 3 0 14 17 0.35 3 07;45 o 20 0 0.0 74i 0.0 27 10 ! 76. i 9 i 08:30 91 3 0.75 01 2 0 IS.; 0,0 7.7 13 0 0 0 0 o 8 o o 5 0.65 o ....ow In r-7r ~ r-'-7r-20~J c......-LL_n-:-::_. Rignt Left ..eds ...i L. 1~J f~r ~l"'.~-. : ..Il . '-~t ~tl. ~ , I NoI\tl .. :u~ ~-- - c> I -l - n i +---"" :>--1 2...1 I ;;;;, j ;pl. :J- a-1_: I Unshllled J , I JRH Transportation Engineering 1175 East Main Street, Suite 1 C Medford, Oregon 97501 File Name: RandyWlllowAMPM05 Site Code : 00000001 Start Date : 11/30/2005 Page No : 3 Willow From North Start : Rig Tbr Lef Ped '1p'. Rig Time! ht, u t , S ~~ i ht. Peak Hour From 17:00 to 17:45 - Peak 1 of 1 By Appl'Oac 17:00 h Volume Percent High Int. Volume Peak Factor 1 10. o 17:15 o 090 O 0 90. 0 0 . 0 . o 4 o ~~J c:~. fol~ _ ) I .... I i -. Hi ~-1Q. 10 IS 75. o ]7:15 7 4 0.62 5: Randy From East Thr · Lef' Ped I ATPP. , ot u. .__~L_...~.. al Randy From South From West Rig Thr: Lef: Ped . App. : Rig Thr Lef. Peel App. Int. ht u t: s Tot: ht u t S Tot Tota 81; --,---_-.!,I__-.L ]7:00 ; 17:00 17:00 i I 4 0 20 0 0 0 0 OJ 0 0 6 1 71 I 20, I 0.0 0,0 85. 14, I 0 0.0 5.0 7 3 , 17:00 0 0 8 -I 0 0 4 03;1 0.62 -I 5 oi ! I I , i J , In i-~ ~I r 1 9L a'l ~111 L J:lidS .J 4 1__________._ ~ i Nortl1 ~-Q. ite,! [Uniiiliiica-----: .,'~- ._----~-- - -- .._~- ----.- ----- :.. .j / '.. .' I" I , ~, ' ~tor. 1.0 1.0 07:00 0 0 07:15 0 0 07:30 0 0 07:45 0 0 Total 0 0 08:00 08:15 08:30 08:45 Total ... BREAK ... 16:00 16:15 16:30 16;45 Total 17:00 17:15 17:30 17:45 Total 1.0' 1.0 o I o I o 0 o 0 o 2 o o o o o o 0 o 0 o 0 o 0 o 0 000 0 o 0 0 0 000 0 o 0 0 0 o 0 0 0 o o o o o o o o o o o o o o o Orand 0 0 0 2 Total Apprch 100 % 0.0 0.0 0.0 .0 Total % 0.0 0.0 0.0 2.1 JRH Transportation Engineering 1175 East Main Street, Suite 1C Medford, Oregon 97501 o o o o o o! 0 0 01 0 0 0: 0 1 o! 0 1 oro- 2 2 o o o 2 GrOl.lps Printed- UllS;~ifted Otis Street Drager Street From North From East From South Start Rig Thr Lef: Ped > App, \ Rig : Thr . Lef. Ped App, Rig Thr Lef Ped App, Rig Time' bt : Tot h' ' Tot h Tot u t . S I . t i U t. sit u 1. s a1.. ht a ; I a ! 1.0: l.oTTir'To' I, 0 0'0 1 I! 0 000 0; 0 2 0 1 01 0 1 0 0 21 0 3 0 2 ~l ~ o 0 o 0 o 0 o 3 1 2 6 2 0 o 0 o 2 o 0 2 2 o o o o o 0' 0 01 0 0' 0 01 0 O! 0 lot 2 1 0 t t 0 tOO --5...2.- I i 2\ ..: :; ,; :; 2.1l 0.0 165 6.2 103 1.0 1.0 Ii 0 0 000 3! 0 0 1 I 1 0 5; 1 0 1.0: 1.0 o 0 o 0 1 0 o 0 I 0 2 o 2 1 5 4: 0 o 1 3 0 2 1 91 2 o I o 0 o 0 o 0 o I 2\ 2 0 31 0 0 3\ t 0 2' 0 0 IOt- 3 0 File Name: OtlsDragerAMPM05 Site Code : 00000003 Start Date : 11/22/2005 Page No : 1 Otis Street From West The Lef Ped App,. lot. U t s Tot Tota , al I 1.0 I.O'TI.])'-'----' O. 0 C--0.'O-I--3- 01 0 0 0 3 3 4 11 0 3 0 0 3 7 211 0 5 0 1 6' 8 o 9 0 4 13 r-iT o o o o o 11 0 ~ I ~ 31 0 3 0 3 61 11 I 0 8 91 10 1 0 I 2: 5 2 0 0 21 5 7 if,uTr--1913T o 0 2\ 0 4 0 I 51 9 o 0 011 5 0 0 6\ 9 i .i--'-~ 1-- ~ ~.- ~ -~---J~- 2} ;, ~ ~ ~ ~ ~! ~ ~ ~ ~ ~\ ; 21 0 0 0 0 0\ 0 2 0 l 31 5 Ii 3 0 0 0 3! 0 1 0 0 I, 5 . -.ST--4-o -y--T-6"T'o4-0.'----r-"'"6Izo' 32 10 0 3 14 29 0 19 49 7~ 0.0 214 7.1 2.0 592 0,0 388 33.0 103 0.0 3.1 1.0 14.4 1.0 299 0.0 196 50,5 ~ . ,. , .~ 97 JRH Transportation Engineering 1175 East Main Street, Suite 1 C Medford. Oregon 97501 File Name : OtisDragerAMPM05 Site Code : 00000003 Start Date : 11/22/2005 Page No : 2 Otis Street From East _.. Thr, Lef Ped ATPP. ot u t s! al: Drager Street From South Otis Street From West Lef Ped App. Int. t Tot TOla - S al I --'--"----.- From~?rth Rig Thr Lef, Ped App, R' 'Th Tot Ig I r ht ~ u t ' S al: ht; u : --- '; Start 'Rig Thr Lef Ped, A~P~ : Rig Time I ht: u: t s, ~'ht : I;. ,: . Peak Hour From 07:45 to 08:30. Peak 1 of I By Approac 07:45 b Volume 0 0 0 0 07:45 o o \ 07:45 07:45 2 2 4 8 2 0 I 0 3 0 10 0 13 23 25. 25. 50. I 66. 0.0 33. 0.0 0.0 43. 0.0 56. 0 0 0 ! 7 3 5 5 107:45 08:15 0 2 2 4 \ I 0 0 0 I 0 0 8 9 O.5~ 0.75 0.63 0 91 Percent 0.0 08:00 () High Int. . Volume Peak Factor r~2 rn~---4 I~~II M~ ~Ui~~ 5 ~ '" 1ft '-1-,1 l J . i NOIlh +-[1-, ~_I r. Q ......!il 1.:;!.-1 :ii i .. ~ i ~ 11 !J ~: [Uiihlft",C_ -::=1 --.---. 4- .-+ ..J..!!~_!!ghl ;r~!"is.. __..!l_u..h.__..o. --,- -Tn" JRH Transportation Engineering 1175 East Main Street, Suite 1 C Medford, Oregon 97501 File Name : OtisDragerAMPM05 Site Code : 00000003 Start Date : 11/22/2005 Page No : 3 Otis Street Drager Street Otis .Street From North From East From South From West Stan : Rig Tbr . Lef Ped. Ai~~: Rig: Thr Lef Ped: App. Rig Thr Lef Ped. . App. Int. t Tot Tot Tota Time ht u t. s, 1 i ht' U S al ht u t t S ai, I ~ a I ! Peak Hour From 17:00 to 17:45 - Peak 1 of 1 -.--------- By Approac 17:00 ! 17:00 17:00 17:00 ! h i Volume 0 0 0 0 01 0 5 2 1 8 4 0 1 1 6 0 4 0 2 61 i 0.0 62. 25. 12. 66. 16. 16. 66. 33. I 0.0 0.0 I Percent 5 0 5 7 0.0 7 7 7 3 I High Tnt. - \ 17: 15 17:45 17:30 Volume -I 0 2 0 3 3 0 0 0 3 0 2 0 31 Peak 0.66 0.50 0.50 I Factor -I 7 0, 01 ~r Lfli Ja. i NOIth 4--~I-l r1 ~-'iQ!"~ II ;l'j \_J ti...; I Unshifted-='__: +- -. __!...'!L-~J:1!......fed$ _:tL__~L _. l e --'n. .:.".)~: , ,- .' to< .., i . JRH Transportation Engineering 1175 East Main Street, Suite 1 C Medford, Oregon 97501 File Name: laurelRandyAMPM05 Site Code : 00000001 Start Date : 11/29/2005 Page No : 1 GroUPf> Printed- U nshifted Randy Laurel From East From South App. Ri 'Thr Lef Ped App. I Ri Thr Lef Ped App. Tot g Tot g Tot a1: ht u ; t s . al: ht u t s . al 1.0 1.0., 1.0 1.0~_._-; 1.0; LO 1.0' 1.0: 12; 0 0 0 0 01 0 5 0 0 13\ 0 0 0 1 1j 2 7 1 0 ~~ ri ~ ~.I___ ~ I ; ~ ~ ~ 52 0 0 5 2 -11 8 27 3 0 Laurel From North Start . Rig Thr Lef Ped Time ht u . t . s ; Factor i 07:00 07:15 07:30 07:45 Total 08:00 08:15 08:30 08:45 Total u" BREAK ..* 16:00 16:15 16:30 16:45 Total 17:00 17:15 17:30 17:45 Total Grand 3 Total Apprch % 1.8 Total % 0.5 1.0: 1.9..: o \0 o 13 o 11 o 15 o 49 o 8 o II o 10 1 5 I 34 o 8 o 7 1 6 o 8 \ 29 o 7 o 4 o 8 1 4 l 23 1.0; 1.0: o 2 o 0 o 0 1 0 I 2 o 6 t o 7 o 1 o o I o o 1 o 1 135 81. 3 20. 7 10 18 6.0 108 1.5 2.8 g \ 2 o 11 16 \ 0 18 2 13 1 6 0 53, 3 1 2 1 o 4 9 0 10 0 8 0 8 0 35 i 0 1 o o o 1 81 0 2 41 0 0 91 0 1 51 1 0 26T\--T-- 166 \ 4 I 5.1 I 25.5: 0.6 ! o 3 1 13 3 15 2 3 6 34 1~ I ~i : 221 28 7 5 I 7 10 48! 94 27 o 2 3 o 5 o o 1 o I 3 2 5 I 2 10 2 1 3' 1 8 3 1 5: 5 8 o i II 0 6 8~832 1 0 o 0 t 0 2 1 .4......,.- 3 j 1 9 ~ I ~ ~~ 4 i 2 4 91 4 44 10 51 13 78\114 128 654 16; \ 383 1.5 7.8 2.0 12.0 \ 175 3 I I o 5 Rig ht 1.0 5: 5 10 I 5 10: 6 131 4 38 i 20 1 o o o I 191 4 55, 2 36 i 5 171 8 127-' 19 2 1 15 I 3 6 0 15 \ 2 I~ i..i}1 ~ 3 2 7 1 4 1 6 2 -20-~ 130 44 43. 6 20, o 15 I 7 29 I 16 6 14 3 74j 17 I~ 3.4 6.8 1.5 45.8 10 298 64 10 58. 7 9.8 .r Randy From West Thr Lef Ped App. Int. Tot Tota u. t s al 1 1.0: 1.0 \.0. , o 0 .-O-~22' o 0 1 6. 30 o 1 0 7128 2 0 2 8 ! 43 2 I 3 26 \ 123 o 4 3 o 7 o 8 o 16 o 0 o 0 ------._- -~ o 24 12\ 50 22 i 113 8: 79 8! 36 50 I 278 o 1 o o I 2 5 \ 34 o 4 32 ~ ~ I ~~_ 3 -ITH21 o 1 o o I o o o o o o 0 7 \ 33 o 2 3 36 o 1 7 I 34 .6~~\ I;~- 109' 651 \ i I 2 33 30. 3 5.1 9.2 1.8 16.7 1.5 0.3 Percent High Int. Volume Peak Factor o 44 0.0 698 08:15 o 11 JRH Transportation Engineering 1175 East Main Street, Suite 1 C Medford, Oregon 97501 File Name: LaurelRandyAMPM05 Site Code : 00000001 Start Date : 11/29/2005 Page No : 2 8 11 12. 17. 7 5 6 r'O~J 11 i'.l..~-+ c: ~... c:- ...~ ~; . . '0.. 07:45 07:45 i I 92 23 7 1 123 IS 9 0 26 SO I 74. 18. 5.7 0.8 30. 18. 0.0 52, I 8 1 0 0 0 08:15 08:15 I 48 6 0 55 2 4 0 16 22[ 0.55 0.5: 9 07:45 63 3 4 36 6 6.1 8.2 73; 122 08:30 1 3 15 3 49 Laurel ... Randy Laurel From North J:,rom East From South S.tart ! Rig : Thr:, Lef Ped.. ATPoPt' ' Rig : Thr, Lef Ped I ATPp. . Rig i Tbr: Lef. Ped T h hot, h I I ' . Ime . t : U it. s ii' t , u t S I I' t ~ U i L 5 : : I I a ! a: I _~' ! Peak Hour From 07:45 to 08:30 - Peak 1 of l By Approac 07:45 h Volume 18 0.87 5 22 0,55 7 In C:631 Q~~__~r~ll Thru Left . .J 1 1-+ J i I Nol\h ~~ ~-_--.I 4- Left Thru Ri9/It Peds -r._-=Z3:C: .!Tc:::r ----rn --..in . ) ,( , l -' i ....... ---Randy From West App. Rig Thr Lef Ped App. ~ Tot i ht u t s Tot Tota al , J_.._ ~~1- u~ it I .'1 I -~~:S'l n ,-4 I ' I!!oJ r-i> : ~ · eJ i '2' ' l [ti",:- Percent High Int. Volume Peak Factor JRH Transportation Engineering 1175 East Main Street, Suite 1 C Medford. Oregon 97501 File Name: LaurelRandyAMPM05 Site Code : 00000001 Start Date : 11/29/2005 Page No : 3 1 23 3.3 885 17:30 o 8 1 1 3,S 3.8 o riJ~ · E~ I oi~, l1lJ""i-, I Ja: .;. I "'1 ! Jo. -- , 17:00 17:00 4 44 20 6 5,4 59. 27. 8.1 5 0 17:15 1 20 7 17:00 17 0 0 3 20 ss. 0.0 0,0 15. 0 0 17:00 7 0 0 0 7 0,71 4 Laurel Randy Laurel Randy ~~ ~~ -~~ ~~ Start ' Rig. Thr :, Lef, Ped App.. Rig' Thr Lef' Ped ,ATPotP. Rig Thr: Lef Ped App.. Rig Thr Lef Ped App.- lnt. I Tot , 'Tot t' Tot Tota Time' ht , u 't: s ,ht i u , t ht t ht . i I; 81 i I s__~~_:__~__.c_~....~_.~L_a~_ Peak Hour From 17:00 to 17:45, Peak 1 of 1 By Approac 17:00 h Volume 26 1 H. 1 17:45 1 3 4 1 33, 44. 11. 3 4 I 9 74 9 0.72 2 o 2 4 0.56 3 29 0.63 8 B In r~ -L J- -1 r 1! 23! -fr-J] :Ff-T~. I. i NO<\h t-A'fh i:19 \ --[I~:;'Jl ...! I I-W ~~l..; i ~ in I ~ f : , - tit;:: IUnshilled,.._ J 4- -. ~oll Thru ....ht Peds ~L 4<!:C"T==:-:]: --'7.. 'ii!. :..... ; ...~ ,.' " . Start Time Factor; 07:00 07:15 07:30 07:45 Total 08:00 08:15 08:30 08:45 Total ... BREAK ... 16:00 16:15 16:30 16:45 Total 17:00 17:15 17:30 17:45 Total Laurel From North Rig Thr; Lef Ped. h( u; t s J i 1.0 1.0 i 1.0 1.0 o 15 0 0 o 18 0 0 1 16 0 0 I 23 0 0 2 72 0 0 JRH Transportation Engineering 1175 East Main Street, Suite 1 C Medford, Oregon 97501 File Name: LaurelOtisAMPM05 Site Code : 00000001 Start Date : 11/29/2005 Page No : 1 Groups Printed- Unshifted Laurel FrOllLSoulh , From East App. : Rig Thr Lef Pd. App. R' Tot ht . e Tot: 19" al "_u u t s . al! ht 1 1.0" 1.0: 1.0 1.0; ! 1.0: IS, 0 0 0 0 0:- 0 18: 0 0 0 0 0 i 0 17 i 0 0 0 0 O! 0 241 0 0 0 0 01 0 741 0 ----O-OO----or 0 1 14 0 0 o 26 0 0 o 30 0 0 o 15 0 0 I 85 0 0 1 14 0 0 1 11 0 0 o 12 0 0 o 800 24500 I 15 1 5 1 IS o 9 3 44 o o o o o Grand 8 246 Total Apprch 3 1 96. %' 9 Total % 1.4 417 15\ 0 261 0 30 I 0 151 0 861 0 o o o o o IS 0 12 0 12 0 8 0 47! 0 1: I ~ I~J ~ 47 i 0 I o 0 254 I 0 I 0.0 0.0 I 0.0 I 0.0 0.0 43.1 I 0.0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o o o o o 000 0.0 0.0 0,0 0.0 0.0 0.0 o O! 0 17 o 0 i 0 55 o 0 I 0 35 o 0 I 0 17 o "01-0-124 o o o o o 01 0 14 01 0 15 01 0 16 o i 0 11 o i 0 56 Thr Lef Ped App. Rig u " t : s Tot ht -'--~~'- . 1.0 i 1.0; 1.0, ' 1.0; 5 0 0 5 I 10 0 0 10 I 0 9 1 0 10 i 2 13 0 0 131 4 37 -T- 0 38 I 7 Otis From West Thr Lef Ped App. Int. Tot Tota u t 5 at I 1.0 1.0 o 0 o 0 o 1 o 2 o 3 1.0. o Ii 21 o 0: 28 o 3: 30 o 61 43 " ()101122 - I o 1 o 2 o 18 I 3 0 0 0 3 I 36 o 5S I I 0 1 0 21 83 o 36 I I 0 0 0 1 I 67 o ~_Q." ..-.-l._...Q..........2.I....Jl. o 126: 8 0 I 0 9 T 221 t 0 IS I 6 0 0 0 61 36 2 0 17 4 0 I 0 5 i 34 ~ _l_-4.~__l~~_.__ ~ I ;~ 5 0 61 I II 0 I 0 -TIl 120 o o o o o o 0 I 0 13 0 0 13 0 0 0 0 0 ! 29 o 0 I 0 28 2 0 30 2 0 0 0 2 i 38 o {} {} IS 1 0 16 2 0 0 0 21 34 o 2l_-~~-1.._0..__!..3..t-2.-~__...!..._-L_~ o 0 I 0 68 4 {} 72 I 7 0 I 0 8 I 127 o ,0.0 I 0.0 I 0.0 o 285 96, o 48. I 39 590 J 2 0 297 33 0 6 0 4.0 0.0 8~ 0.0 154 0,0 3 2.0 0.0 50,3 5.6 0,0 1.0 0.0 6.6 I JRH Transportation Engineering 1175 East Main Street, Suite 1C Medford. Oregon 97501 File Name : LaurelOtisAMPM05 Site Code : 00000001 Start Date : 11/29/2005 Page No : 2 Laurel laurel oiiS From North From East Erom_.80uth From West Start, Rig Thr; Lef Ped. ATpo"t': Rig ',. Thr Lef' Ped API'. Rig, Thr: Lef: Ped API"; Rig. Thr Lef Ped API'. Int. Tot 'Tot ' Tot Tota., Time, bt u it, s . . ht! U t : s . ht u it: s ht , ,! al ; I i aI ,. I al ' ; u s al I Peak Hour From 07:45 to 08:30 - Peak 1 of 1 ..- By Approac 07:45 h Volume o 0 0.0 0.0 95 o o o I ! 01:45 : 07:45 , i 0 01 0 120 2 0 122 9 0 3 0 12 0.0 98. 1.6 0.0 75, 0.0 25. 0.0 4 0 0 08:15 07:45 .\ 0 55 0 0 55 4 0 2 0 6 I 0.55 0.50 I ., 5 01 I ........" In r--~ ~~T::61 .J I .. ; 07:45 Percent 2 93 2.1 979 08:30 o 30 o o 30 0.79 2 High Int. Volume Peak Factor i i i I I I ------- ,..___.J . J11~.m ~~ o L1Jji . i North ~_!'t___J ... Left Thru i>eds -2CJ.~=-_-(f -'2'2 :!n.:.. .1'..1' . ~ -).' . JRH Transportation Engineering 1175 East Main Street. Suite 1C Medford, Oregon 97501 File Name : LaurelOtisAMPM05 Site Code : 00000001 Start Date : 11/29/2005 Page No : 3 Laurel laurel Otla From North From East From South From West Start 1 Rig Thr. Lef Ped A~~~: Rig : Thr : Lef' Ped ' A{~~ : Rig ! Thr; Lef' Ped · App. : Rig . Thr Lef Ped. Time 'i ht; u it, s . I' ht. u : t ! S I ht , u : t :, s; Toalt i ht: u. 5 ._ I I i I a, . . I a , . . Peak Hour From 17:00 to 17:45 - Peak 1 of 1 By Approac 17:00 h Volume Percent High Int. Volume Peak Factor 3 44 6.4 936 17:00 1 IS 17:00 I , 117:00 0 0 0 01 0 68 4 0 i 94. 1 0.0 4 5,6 0.0 i 17:15 -\ 0 28 2 0 -I I Laurel In I C"""4'f1 -I ,- I I i3r 44-L .!!J Rij ThN Peds 4 I . \ I I ...J '!' North ~ed __ J I ! 17:00 i 721 7 0 I 875 0.0 \17:45 30 I 3 0 O'~I App.' Int. Tot Tota al i 1 0 8 12. 0.0 5 0 4 0.50 0 o 0 0.0 0.0 47 o o o 16 0.73 4 ~I"J 5 sF1jri.i-~ u G~~ _/t. . 4-. Len Thru Peds '.~'4~ '::-:~:~:::Q ..72 In. lAUnM ~_.- / ,;~ + JRH TRANSPORTATION ENGINEERING APPENDIX III TUBE COUNT DATA 1'ri l It) ~ we ~~~.-~It)~O~~""N~MMOO~OO~""~~~ .... ...-It) ~ ~ ~ ~ co...- ...- ~ It) M -C")..... N II) o ~ :::I ..c I- ~ wt:; ~~"'-~N..,...-~..-...-It)"'-~C")NOOOOO_~~~II)"" ~..-N"-NNMN.MNN...- ...-NMN oi ~ II) ~ ~~~~,,-O)II)""'co .......-..-.... N..- N N N 011 ~ ;~~~It)"'-O"-OOOOM~~~N ~ II) N ,.. i :::I III -I It) ~ ~~~~~~~~~~~It)""N"-OOOOONM~~~CO 0"- U) ?!. It) o !w~ !!<<~MII)It)II)'Ot(O~~ "0"'- U) CD III :::I e I- <[CQ j:~O l.ai: e ~ If o.e w :t: :Ii -It: ~Q ';: '! Q.= U) 0 ;u .sJ i~ 'Ot..,.....O..-O....OOOO..-NNII)M ~ J i ~~~~~~~~~~~~~~~~~~~~~~~~ -N ~~~~~~~~ ..-N~<<<<<<<<a .......-~NC")~It)~~~m~..-..-~NC")~It)~~~O)..- O~~~~M.~~~~mO~~~~M.~~~~m ~...... ~..... ~ ~ C III 0:: ;1) ...- - 8 It) (0 .. 8. e o ~ .... 1() ,,'1... + JRH TRANSPORTATION ENGINEERING APPENDIX IV EXISTING YEAR 2005 SYNCHRO OUTPUT ria?; HCM Unsignalized Intersection Capacity Analysis 8: Otis Street & Laurel Street 1/4/2006 ."J- "). ~ t ~ .I Movement EBL EBR NBL NBT SBT SBR Lane Configurations V 4 t. Sign Control Stop Free Free Grade 0% 0% 0% Volume (vehlh) 3 10 2 133 103 2 Peak Hour Factor 0_69 0.69 0.69 0.69 0_69 0_69 Hourly flow rate (vph) 4 14 3 193 149 3 Pedestrians Lane Width (ft) Walking Speed (ftle) Percent Blockage Right turn tlare (veh) Median type None Median storage veh) Upstream signal (ft) pX, platoon unblocked vC, conflicting volume 349 151 152 vC 1, stage 1 cont vol vC2, stage 2 cont vol vCu, unblocked vol 349 151 152 te, single (s) 6.4 6.2 4.1 tC, 2 stage (s) tF (s) 3.5 3.3 2.2 pO queue free % 99 98 100 cM capacity (vehlh) 647 896 1429 Ditedfon;lane# EB 1 NB1 S81 Volume Total 19 196 152 Volume Left 4 3 0 Volume Right 14 0 3 cSH 823 1429 1700 Volume to Capacity 0.02 0.00 0.09 Queue Length 95th (ft) 2 0 0 Control Delay (s) 9.5 0.1 0.0 lane LOS A A Approach Delay (s) 9.5 0.1 0,0 Approach LOS A Intersection Summary Average Delay 0_8 Intersection Capacity Utilization 18.6% ICU Level of Service A Analysis Period (min) 15 Helman Springs Homes AM Existing Yr 2005 JRH Transportation Engineering Synchro 6 Report Page 1 '::.. ~ HeM Unsignalized Intersection Capacity Analysis 12: Otis Street & Drager Street 1/4/2006 -+ ~ ~ 4- "\ ,;. Movement EBT EBR', WBl WBT HBl NBR Lane Configurations tt .t V Sign Control Free Free Stop Grade 0% 0% 0% Volume (vehJh) 11 0 2 2 1 2 Peak Hour Factor 0.77 0.77 0.77 0.77 0.77 0.77 Hourly flow rate (vph) 14 0 3 3 1 3 Pedestrians Lane Width (ft) Walking Speed (Ws) Percent Blockage Right tum flare (veh) Median type None Median storage veh) Upstream signal (ft) pX. platoon unblocked vC, connicting volume 14 22 14 vC1, stage 1 conf vol vC2, stage 2 canf vol vCu. unblocked vol 14 22 14 te, single (s) 4,1 6.4 6.2 tC, 2 stage (5) tF (s) 2.2 3.5 3.3 pO queue free % 100 100 100 eM capacity (vehltl) 1604 993 1066 Direction.U1ne # EB1 WB1 NB 1 Volume Total 14 5 4 Volume Left 0 3 1 Volume Right 0 0 3 cSH 1700 1604 1040 Volume to Capacity 0.01 0.00 0.00 Queue Length 95th (ft) 0 0 0 Control Delay (s) 0.0 3.6 8.5 Lane LOS A A Approach Delay (5) 0.0 3.6 8.5 Approach LOS A Inters8ction. Summary Average Delay 2.2 Intersection Capacity Utilization 13.3% ICU Level of Service A Analysis Period (min) 15 Heiman Springs Homes AM Existing Yr 2005 JRH Transportation Engineering Synchro 6 Report Page 1 ,. ~( ; HCM Unsignalized Intersection Capacity Analysis 6: Randy Street & Willow Street 1/412006 ~ -.. +- " '. .' Movement' EBl EBT WBT WBR SBL SBR Lane Configurations .r t. V Sign Control Free Free Stop Grade 0% 0% 0% Volume (veh/h) 3 6 2 11 22 8 Peak Hour Factor 0.62 0.62 0.62 0.62 0.62 0.62 Hourly flow rate (vph) 5 10 3 18 35 13 Pedestrians Lane Width (ft) Walking Speed (ftls) Percent Blockage Right turn flare (veh) Median type None Median storage veh) Upstream signat (ft) pX, platoon unblocked vC, conflicting volume 21 31 12 vC 1, stage 1 conf vol vC2, stage 2 conf vol vCu. unblocked vol 21 31 12 tC, single (8) 4.1 6.4 6.2 tC, 2 stage (s) tF (8) 2.2 3.5 3,3 pO queue free % 100 96 99 eM capacity (vehlh) 1595 979 1068 Direction, Lane # EBt WBt SB1 Volume Total 15 21 48 Volume Left 5 0 35 Volume Right 0 18 13 cSH 1595 1700 1002 Volume to Capacity 0.00 0.01 0,05 Queue Length 95th (ft) 0 0 4 Control Delay (s) 2,4 0.0 8.8 Lane LOS A A Approach Delay (5) 2.4 0.0 8,8 Approach LOS A Intersection'Summary Average Delay 5.5 Intersection Capacity Utilization 13.3% leu level of Service A Analysis Period (min) 15 Helman Springs Homes AM Existing Yr 2005 JRH Transportation Engineering Synchro 6 Report Page 1 L)~ t- IT C~ HeM Unsignalized Intersection Capacity Analysis 3: Randy Street & Laurel Street 1/512006 ..,J- -+ ~ t'" -+- , '\ t ;-- ',. ~ ./ Movement EBl EBT eBR ~l WBT WSR NBl NeT NBR SBL S8T.. SBR Lane Configurations +t+ .t. .t. .t. Sign Control Stop Stop Stop Stop Volume (vph) 0 10 17 40 4 3 8 26 102 9 49 0 Peak Hour Factor 0.63 0.63 0.63 0.63 0.63 0.63 0.63 0.63 0.63 0.63 0.63 0.63 Hourly flow rate (vph) 0 16 27 63 6 5 13 41 162 14 78 0 Direction, Lane # EBt WB1 NB1 SB 1 Volume Total (vph) 43 75 216 92 Volume Left (vph) 0 63 13 14 Volume Right (vph) 27 5 162 0 Hadj (s) -0,34 0.17 -0.40 0.07 Departure Headway (s) 4.3 4.8 3.9 4.5 Degree Utilization, x 0.05 0.10 0.23 0.11 Capacity (vehlh) 764 699 893 767 Control Delay (s) 7,5. 8.3 8,1 8.0 Approach Delay (5) 7.5 8.3 8.1 8.0 Approach LOS A A A A InterS,ecljoj, Summary' Delay 8.0 HeM Level of Service A Intersection Capacit)' Utilization 24.9% leu Level of Service A Analysis Period (min) 15 Helman Springs Homes AM Existing Yr 2005 JRH Transportation Engineering Synchro 6 Report Page 1 4()7 HCM Unsignalized Intersection Capacity Analysis 8: Otis Street & Laurel Street 1/4/2006 ."J- "\- ~ t + ~ Movement EBl EBR NBL NBT SBT SaR Lane Configurations V 4 t. Sign Control Stop Free Free Grade 0% 0% 0% Volume (vehlh) 1 8 4 75 49 3 Peak Hour Factor 0.84 0.84 0.84 0.84 0.84 0.84 Hourly flow rate (vph) 1 10 5 89 58 4 Pedestrians Lane Width (ft) Walking Speed (ftIs) Percent Blockage Right turn flare (veh) Median type None Median storage veh) Upstream signal (ft) pX. platoon unblocked vC, conflicting volume 159 60 62 vC1, stage 1 coot vol vC2, stage 2 cont vol vCu, unblocked vol 159 60 62 te, single (5) 6.4 6.2 4.1 tC. 2 stage (5) tF (s) 3.5 3.3 2.2 pO queue free % 100 99 100 eM capacity (vehlh) 830 1005 1541 Directlon.Lane# EBt NB1 S81 Volume Total 11 94 62 Volume Left 1 5 0 Volume Right 10 0 4 cSH 982 1541 1700 Volume to Capacity 0.01 0,00 0.04 Queue Length 95th (ft) 1 0 0 Control Delay (s) 8.7 0.4 0.0 Lane LOS A A Approach Delay (s) 8.7 0.4 0.0 Approach LOS A Intersection St,lmmary Average Delay 0.8 Intersection Capacity Utilization 17.2% ICU Level of Service A Analysis Period (min) 15 Helman Springs Homes PM Existing Yr 2005 JRH Transportation Engineering Synchro 6 Report Page 1 1c ,; HeM Unsignalized Intersection Capacity Analysis 12: Otis Street & Drager Street 1/4/2006 .... .. f' ..- ~ ~ MOvement eaT EBR WBL WBT NBL NBR Lane Configurations It .t V Sign Control Free Free stop Grade 0% 0% 0% Volume (veh/h) 4 0 2 6 1 4 Peak Hour Factor 0.71 0.71 0.71 0.71 0.71 0.71 Hourly flow rate (vph) '6 0 3 8 1 6 Pedestrians Lane Width (ft) Walking Speed (ftfs) Percent Blockage Right turn flare (veh) Median type None Median storage veh) Upstream signal (ft) pX. platoon unblocked \lC. conflicting volume 6 20 6 vC1. s1age 1 confvol vC2. stage 2 conf vol vCu. unblocked vol 6 20 6 tC. single (s) 4.1 6.4 6.2 tC. 2 stage (s) tF (5) 2.2 3.5 3,3 pO queue free % 100 100 99 cM capacity (veh/h) 1615 996 1077 Oirectlon, Lane # 1.:81 WB1 NB1 Volume Total 6 11 7 Volume Left 0 3 1 Volume Right 0 0 6 cSH 1700 1615 1060 Volume to Capacity 0.00 0.00 0.01 Queue Length 95th (ft) 0 0 1 Control Delay (s) 0.0 1.8 8.4 Lane LOS A A Approach Delay (5) 0,0 1.8 8.4 Approach LOS A In~on Summary Average Delay 3.3 Intersection Capacity Utilization 13.3% ICU Level of Service A Analysis Period (min) 15 Helman Springs Homes PM Existing Yr 2005 JRH Transportation Engineering Synchro 6 Report Page 1 ,.1 ,,;,r'; T ~ ,/ i / '........ 1 HCM Unsignalized Intersection Capacity Analysis 6: Randy Street & Willow Street 1/4/2006 .,J ...... 4- "- \. ./ Movement ESl ESt WBT WBR SBl SBR Lane Configurations 4' ~ V Sign Control Free Free Stop Grade 0% 0% 0% Volume (vehlh) 7 0 4 17 10 1 Peak Hour Factor 0.71 0.71 0.71 0.71 0.71 0.71 Hourly flow rate (vph) 10 0 6 24 14 1 Pedestrians Lane Width (ft) Walking Speed (fils) Percent Blockage Right tum flare (veh) Median type None Median storage veh) Upstream signal (ft) pX, platoon unblocked vC, conflicting volume 30 37 18 vC1, stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol 30 37 18 tC, single (8) 4.1 6.4 6,2 tC, 2 stage (s) tF (8) 2,2 3.5 3.3 pO queue free % 99 99 100 eM capacity (vehlh) 1583 969 1061 Olrectlon, Lane # EB1 WB1 '581 Volume Total 10 30 15 Volume Left 10 0 14 Volume Right 0 24 1 cSH 1583 1700 977 Volume to Capacity 0.Q1 0.02 0.02 Queue Length 95th (ft) 0 0 1 Control Delay (5) 7.3 0.0 8.7 lane lOS A A App~ Delay (s) 7,3 0.0 8.7 Approach LOS A Intersection Summary Average Delay 3.8 Intersection Capacity Utilization 15.8% leu Level of Service A Analysis Period (min) 15 Helman Springs Homes PM Existing Yr 2005 JRH Transportation Engineering Synchro 6 Report Page 1 j.-/- I -:; HCM Un signalized Intersection Capacity Analysis 3: Randy Street & Laurel Street 1/512006 ,;. -.. .. -I'" --- "- "\ f ~ \. + ~ Movement EBl eBT EBR WBl WBT WBR NBl NST NBR SBl SBT SBR lane Configurations .;. ~ +1- .;. Sign Control Stop Stop Stop Stop Volume (vph) 0 0 19 4 3 1 22 49 4 1 26 1 Peak Hour Factor 0,90 0.90 0.90 0.90 0.90 0,90 0.90 0.90 0.90 0.90 0.90 0.90 Hourly flow rate (vph) 0 0 21 4 3 1 24 54 4 1 29 1 Direction, Lane '# EBt WB1 NB1 S81 Volume Total (vph) 21 9 83 31 Volume Left (vph) 0 4 24 1 Volume Right (vph) 21 1 4 1 Hadj ($) -0.57 0.06 0.06 0.02 Departure Headway (s) 3.6 4,2 4.0 4.1 Degree Utilization, x 0.02 0.01 0.09 0.04 Capacity (vehlh) 967 825 870 873 Control Delay (s) 6.7 7.3 7.5 7.2 Approach Delay (s) 6.7 7,3 7.5 7,2 Approach LOS A A A A IntersectiOn Summary' Delay 7.3 HCM Level of Service A Intersection Capacity Utilization 21.2% ICU Level of Service A Analysis Period (min) 15 Helman Springs Homes PM Existing Yr 2005 JRH Transportation Engineering Synchro 6 Report Page 1 1. / ( .,.; + JRH TRANSPORTATION ENGINEERiNG APPENDIX V YEAR 2006 NO BUILD SYNCHRO OUTPUT i ,. ~ .#."'t I ~., HCM Unsignalized Intersection Capacity Analysis 8: Otis Street & Laurel Street 1/4/2006 .,1- " ~ t + .." Movement EBl EBR NBt NBT SST SBR Lane Configurations V tt t+ Sign Control Stop Free Free Grade 0% 0% 0% Volume (vehlh) 3 10 2 135 105 2 Peak Hour Factor 0.69 0.69 0.69 0.69 0.69 0.69 Hourly flow rate (vph) 4 14 3 196 152 3 Pedestrians lane Width (ft) Walking Speed (ftls) Percent Blockage Right turn flare (veh) Median type None Median storage veh) Upstream signal (ft) pX. platoon unblocked vC. conflicting volume 355 154 155 vC1. stage 1 conf vol vC2. stage 2 conf vol vCu, unblocked vol 355 154 155 tC. single (s) 6.4 6.2 4.1 tC. 2 stage (s) tF (s) 3.5 3.3 2.2 pO queue free % 99 98 100 eM capacity (vehlh) 642 892 1425 Direction, lane.# EB1 NB1 581' Volume Total 19 199 155 Volume Left 4 3 0 Volume Right 14 0 3 cSH 819 1425 1700 Volume to Capacity 0.02 0.00 0.09 Queue Length 95th (ft) 2 0 0 Control Delay (s) 9.5 0.1 0.0 lane LOS A A Approach Delay (5) 9.5 0.1 0.0 Approach LOS A Interse<;tlon. Summary Average Delay 0.5 Intersection Capacity Utilization 18.7% ICU Level of Service A Analysis Period (min) 15 Helman Springs Homes AM No Build Yr 2006 JRH Transportation Engineering Synchro 6 Report Page 1 ~l! ~ ..' HCM Unsignalized Intersection Capacity Analysis 12: Otis Street & Drager Street 1/412006 -+ """ -(" 4- "\ ,. Movement E8T EBR WBl WBT NBL NBR lane Configurations t. +t V Sign Control Free Free Stop Grade 0% 0% 0% Volume (vehlh) 11 0 2 2 1 2 Peak Hour Factor 0.77 0.77 0.77 0.77 0.77 0,77 Hourly flow rate (vph) 14 0 3 3 1 3 Pedestrians Lane Width (ft) Walking Speed (ftls) Percent Blockage Right turn flare (veh) Median type None Median storage veh} Upstream signal (ft) pX,platoonun~ocked vC, conflicting volume 14 22 14 vC1, stage 1 conf vol vC2, stage 2 cont vol IICU. unblocked vol 14 22 14 tC, single (s) 4.1 6.4 6.2 tC, 2 stage (s) tF (s) 2.2 3.5 3.3 pO queue free % 100 100 100 eM capacity (vehlh) 1604 993 1066 Direction, Lane t. EB1 .WB1 NB1 Volume Total 14 5 4 Volume left 0 3 1 Volume Right 0 0 3 cSH 1700 1604 1040 Volume to Capacity 0.01 0.00 0.00 Queue length 95th (ft) 0 0 0 Control Delay (5) 0.0 3.6 8.5 Lane LOS A A Approach Delay (s) 0.0 3,6 8.5 Approach LOS A InterseCtion Summary Average Delay 2.2 Intersection Capacity Utilization 13.3% ICU Level of Service A Analysis Period (min) 15 Helman Springs Homes AM No Build Yr 2006 JRH Transportation Engineering Synchro 6 Report Page 1 .:...j I ;..; HCM Unsignalized Intersection Capacity Analysis 6: Randy Street & Willow Street 1/4/2006 ...J -+ ..... "- \. ~ Movement EBL EBT WBT WBR SBL SBR Lane Configurations 4' 1+ V Sign Control Free Free Stop Grade 0% 0% 0% Volume (vehlh) 3 6 2 11 22 8 Peak Hour Factor 0.62 0.62 0.62 0.62 0.62 0.62 Hourly flow rate (vph) 5 10 3 18 35 13 Pedestrians Lane Width (ft) Walking Speed (ftIs) Percent Blockage Right turn flare (veh) Median type None Median storage veh) Upstream signal (ft) pX, platoon unblocked vC, conflicting volume 21 31 12 vC1, stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol 21 31 12 tC, single (s) 4.1 6.4 6.2 tC, 2 stage (6) tF (5) 2.2 3,5 3.3 pO queue free % 100 96 99 eM capacity (vehlh) 1595 979 1068 Directiol'J. lane # EB1 WB1 . SB'1 Volume Total 15 21 48 Volume left 5 0 35 Volume Right 0 18 13 cSH 1595 1700 1002 Volume to Capacity 0.00 0,01 0.05 Queue Length 95th (ft) 0 0 4 Control Delay (s) 2.4 0.0 8.8 Lane LOS A A Approach Delay (s) 2.4 0,0 8.8 Approach LOS A Intersection SUmmary Average Delay 5.5 Intersection Capacity Utilization 13.3% ICU Level of Service A Analysis Period (min) 15 Helman Springs Homes AM No Build Vr 2006 JRH Transportation Engineering Synchro 6 Report Page 1 I ' ;-' ~ ,.' HeM Unsignalized Intersection Capacity Analysis 3: Randy Street & Laurel Street 1/512006 ..J. -+ '\- .- +- -\.. ~ t ~ '. ~ -I Movement EBl EBT EBR WBl WBT WBR NBl NBT NBR SBL SBT ,'SBR Lane Configurations . . .t. .t. Sign Control Stop Stop Stop Stop Volume (vph) 0 10 17 40 4 3 8 26 103 9 49 0 Peak Hour Factor 0.63 0.63 0.63 0.63 0.63 0.63 0.63 0.63 0.63 0.63 0.63 0.6;3 Hourly flow rate (vph) 0 16 27 63 6 5 13 41 163 14 78 0 Direction, Lane #I EB 1 WB1 NB1 SB 1 Volume Total (vph) 43 75 217 92 Volume Left (vph) 0 63 13 14 Volume Right (vph) 27 5 163 0 Hadj (6) -0.34 0.17 -0.41 0,07 Departure Headway (s) 4.3 4.8 3,9 4.5 Degree Utilization, x 0.05 0.10 0.23 0,11 Capacity (vehlh) 763 699 894 767 Control Delay (s) 7.5 8.3 8.1 8.0 Approach Delay (5) 7.5 8.3 8.1 8.0 Approach LOS A A A A Intersection SUmmary Delay 8.0 HeM Level of Service A Intersection Capacity Utilization 25.0% leu Level of Servlce A Analysis Period (min) 15 Helman Springs Homes AM No Build Yr 2006 JRH Transportation Engineering Synchro 6 Report Page 1 /-Il{. ,.,~ HCM Unsignalized Intersection Capacity Analysis 8: Otis Street & Laurel Street 1/4/2006 .,;. . '" t + ./ Movement EBL t:BR NBl NBT SBT SBR lane Configurations V 4' t. Sign Control Stop Free Free Grade 0% 0% 0% Volume (vehlh) 1 8 4 76 49 3 Peak Hour Factor 0.84 0.84 0.84 0.84 0.84 0.84 Hourly flow rate (vph) 1 10 5 90 58 4 Pedestrians lane Width (ft) Walking Speed (ftls) Percent Blockage Right turn flare (veh) Median type None Median storage veh) Upstream signal (ft) pX, platoon unblocked vC, conflicting volume 160 60 62 VC 1, stage 1 cont vol VC2. stage 2 cont vol vCu. unblocked vol 160 60 62 tC. single (5) 6.4 6.2 4.1 tC, 2 stage (s) tF (5) 3.5 3.3 2,2 pO queue free % 100 99 100 eM capacity (vehlh) 828 1005 1541 Direction. lane # EB1 NB 1 001 Volume Total 11 95 62 Volume Left 1 5 0 Volume Right 10 0 4 cSH 982 1541 1700 Volume to Capacity 0.01 0.00 0.04 Queue length 95th (ft) 1 0 0 Control Delay (s) 8.7 0.4 0.0 Lane LOS A A Approach Delay (5) 8,7 0.4 0,0 Approach LOS A IrltersectJon SiJmmary Average Delay 0.8 Intersection Capacity Utilization 17.3% ICU Level of Service A Analysis Period (mln) 15 Helman Springs Homes PM No Build Yr 2006 JRH Transportation Engineering Synchro 6 Report Page 1 LI I "7 HeM Unsignalized Intersection Capacity Analysis 12: Otis Street & Drager Street 1/4/2006 -. .. ~ ..... "\ I" Movement EBT eBR WBL WBT NBL NSR Lane Configurations -r. .r V Sign Control Free Free Stop Grade 0% 0% 0% Volume (vehlh) 4 0 2 6 1 4 Peak Hour Factor 0,71 0.71 0.71 0,71 0.71 0.71 Hourly flow rate (vph) 6 0 3 8 1 6 Pedestrians lane Width (ft) Walking Speed (ft's) Percent Blockage Right tum flare (veh) Median type None Median storage veh) Upstream signal (ft) pX. platoon unblocked vCt confticting volume 6 20 6 vC1, stage 1 confvol vC2. stage 2 conf vol vCu, unblocked vol 6 20 6 IC, single (s) 4.1 6.4 6.2 IC, 2 stage (s) tF (s) 2.2 3.5 3.3 pO queue free % 100 100 99 cMcapacity (vehlh) 1615 996 1077 Dlr8ction, LSne # EB1 WB,1 .NBt Volume Total 6 11 7 Volume Left 0 3 1 Volume Right 0 0 6 cSH 1700 1615 1060 Volume to Capacity 0.00 0.00 0.01 Queue Length 95th (ft) 0 0 1 Control Delay (s) 0,0 1.8 8.4 lane LOS A A Approach Delay (8) 0.0 1.8 8.4 Approach LOS A InterSection Summary Average Delay 3.3 Intersection Capacity Utilization 13.3% ICU level of Service A Analysis Period (min) 15 Helman Springs Homes PM No Build Yr 2006 JRH Transportation Engineering Synchro 6 Report Page 1 41) HeM Unsignalized Intersection Capacity Analysis 6: Randy Street & Willow Street 1/4/2006 ~ -. ..... "- \. -I Movement EBl EST WBT WBR SBl SBR Lane Configurations tf ft. V Sign Control Free Free Stop Grade 0% 0% 0% Volume (vehlh) 7 0 4 17 10 1 Peak Hour Factor 0.71 0,71 0.71 0.71 0.71 0.71 Hourly flow rate (vph) 10 0 6 24 14 1 Pedestrians Lane Width (ft) Walking Speed (ftIs) Percent Blockage Right turn flare (veh) Median type None Median storage veh} Upstream signal (ft) pX, platoon unblocked vC, conflicting volume 30 37 18 vC 1, stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol 30 37 18 IC, single (s) 4.1 6.4 6.2 tC, 2 stage (8) iF (s) 2,2 3.5 3.3 pO queue free % 99 99 100 eM C8pacily (Vehlh) 1583 969 1061 Direction,lane # E81 WB1 SB 1 Volume Total 10 30 15 Volume Left 10 0 14 Volume Right 0 24 1 cSH 1583 1700 977 Volume to Capacity 0.01 0.02 0.02 Queue Length 95th (ft) 0 0 1 Control Delay (s) 7.3 0.0 8.7 Lane LOS A A Approach Delay (s) 7.3 0,0 8,7 Approach LOS A Intersection Summaty Average Delay 3.8 Intersection Capacity Utilization 15.8% ICU level of Service A Analysis Period (min) 15 Helman Springs Homes PM No Build Yr 2006 JRH Transportation Engineering Synchro 6 Report Page 1 H/"( ;., i . y HCM Unsignalized Intersection Capacity Analysis 3: Randy Street & Laurel Street 1/5/2000 ~ -+ ~ (" .... '- ~ t ~ \.. + ./ Movement EBL t:BT EBR WBl WBT WBR NBl NBT NBR .. SBl SBT SBR Lane Configurations .;. . .;. ~ Sign Control Stop Stop Stop Stop Volume (vph) 0 0 19 4 3 1 22 49 4 1 26 1 Peak Hour Factor 0.90 0.90 0.90 0,90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 Hourly flow rate (vph) 0 0 21 4 3 1 24 54 4 1 29 1 D~n. .Lane# EB 1 WB1 NB1 .SB1 Volume Total (vph) 21 9 S3 31 Volume left (vph) 0 4 24 1 Volume Right (vph) 21 1 4 1 Hadj (s) -0.57 0.06 0,05 0.02 Departure Headway (s) 3.6 4.2 4.0 4.1 Degree UtlflZ8tion. x 0.02 0.01 0,09 0.04 Capacity (vehlh) 967 825 870 873 Controt DetaV (s) 6.7 7.3 7.5 7.2 Approach Delay (s) 6.7 7.3 7.5 7.2 Approach LOS A A A A Intersectton Summary Delay 7.3 HCM Level of Service A Intersection Capacity Utilization 21.2% ICU level of Service A Analysis Period (min) 15 Helman Springs Homes PM No Build Yr 2006 JRH Transportation Engineering Synchro 6 Report Page 1 ~~t':::::' / + JRH TRANSPORTATION ENGINEERING .. APPENDIX VI YEAR 2006 BUILD SYNCHRO OUTPUT !:fft-l HeM Unsignalized Intersection Capacity Analysis 12: otis Street & Drager Street 1/412006 ~ ... . ., +- '- ~ t ". \. + ~ Movement EBL EBT eaR WBt WBT WB~ NBt NBT NBR SBL SBT SBR Lane Configurations .;. . .;. . Sign Control Free Free Stop Stop Grade 0% 0% 0% 0% Volume (vehlh) 0 11 0 2 2 1 1 0 2 4 0 0 Peak Hour Factor 0.77 0.77 0.77 0.77 0.77 0.77 0.77 0.77 0.77 0.77 0.77 0.77 Hourly flow rate (vph) 0 14 0 3 3 1 1 0 3 5 0 0 Pedestrians Lane Width (ft) Walking Speed (ftls) Percent Blockage Right turn flare (veh) Median type None None Median storage veh) Upstream signal (ft) pX, ptatoon unblocked vC, conting volume 4 14 23 23 14 25 23 3 vC 1, stage 1 conf vol vC2, stage 2 cont vol vCu, unblocked vol 4 14 23 23 14 25 23 3 te, single (s) 4.1 4.1 7.1 6.5 6.2 7.1 6.5 6.2 te, 2 stage (s) tF (s) 2.2 2.2 3.5 4.0 3.3 3,5 4,0 3.3 pO queue free % 100 100 100 100 100 99 100 100 eM capacity (vehlh) 1618 1604 988 869 1066 982 869 1081 Direction, Lane I#' ES1 WB1 NB 1 SB1 Volume Total 14 6 4 5 Volume Left 0 3 1 5 Volume Right 0 1 3 0 cSH 1618 1604 1038 982 Volume to Capacity 0,00 0.00 0.00 0,01 Queue Length 95th (ft) 0 0 0 0 Control Delay (s) 0.0 2.9 8.5 8.7 Lane LOS A A A Approach Delay (s) 0.0 2.9 8.5 8.7 Approach LOS A A InterSectIon SUrnmary Average Delay 3.2 Intersection Capacity Utilization 13.3% ICU Level at Service A Analysis Period (min) 15 Helman Springs Homes AM Build Yr 2006 JRH Transportation Engineering Synchro 6 Report Page 1 : " ". ,.'-') ,;. I ('-' --,..._ HCM Unsignalized Intersection Capacity Analysis 8: Otis Street & Laurel Street 1/412006 ~ ~ ~ t + .I Movement EBl. EBR NBL NBT SBT SBR Lane Configurations V +t t. Sign Control Stop Free Free Grade 0% 0% 0% Volume (vehfh) 4 13 3 135 108 3 Peak Hour Factor 0.69 0.69 0.69 0.69 0.69 0.69 Hourly flow rate (vph) 6 19 4 196 157 4 Pedestrians Lane Width (ft) Walking Speed (1t/s) Percent Blockage Right turn flare (veh) Median type None Median storage veh) Upstream signal (It) pX, platoon unblocked vC, conflicting volume 363 159 161 vC 1, stage 1 cont vol vC2, stage 2 conf vol vCu, unblocked vol 363 159 161 te. single (5) 6,4 6.2 4.1 tC, 2 stage (5) tF (5) 3.5 3.3 2.2 pO queue free % 99 98 100 eM capacity (vehlh) 634 887 1418 Direction, Lane #. EB1 . NB1 SB1 Volume Total 25 200 161 Volume Left 6 4 0 Volume Right 19 0 4 aSH 811 1418 1700 Volume to Capacity 0.03 0.00 0,09 Queue Length 95th (ft) 2 0 0 Control Delay (s) 9.6 0.2 0.0 Lane LOS A A Approach Delay (5) 9.6 0.2 0.0 Approach LOS A IntecSection Summary Average Delay 0.7 Intersection Capacity Utilization 19.5% ICU level of Service A Analysis Period (min) 15 . Helman Springs Homes AM Build Yr 2006 JRH Transportation Engineering Syochro 6 Report Page 1 L/ ~ :' '7 ~ ~. HCM Unsignalized Intersection Capacity Analysis 3: Randy Street & laurel Street 1/5/2006 ~ --. .. ~ .... "- '" t ". \. ~ ~ MoV~ment . EBL EaT EBR WBL WaT WBR NBl NBT NBR saL SBT SBR Lane Configurations .;. 4+ .t+ 4+ Sign Control Stop Stop Stop Stop Volume (vph) 0 12 20 40 5 3 8 26 103 9 50 0 Peak Hour Factor 0.63 0,63 0.63 0.63 0.63 0.63 0.63 0.63 0.63 0.63 0.63 0.63 Hourly flow rate (vph) 0 19 32 63 8 5 13 41 163 14 79 0 Direction, Lane # EB1 WB1 NB1 SB1 Volume Total (vph) 51 76 217 94 Volume Left (vph) 0 63 13 14 Volume Right (vph) 32 5 163 0 Hadj (s) -0.34 0.16 -0.41 0.06 Departure Headway (8) 4.3 4,8 3.9 4.5 Degree utlllz8tion. x 0,06 0.10 0.24 0.12 Capacity (vehlh) 761 696 886 761 Control Delay (s) 7.6 8.3 8,1 8.1 Approach Delay (s) 7.6 8.3 8,1 8.1 Approach LOS A A A A Imer.ctionSummary . Delay 8.1 HCM level of Service A Intersection Capacity Utilization 25.1% ICU level of Service A Analysis Period (mln) 15 Helman Springs Homes AM Build Yr 2006 JRH Transportation Engineering i/.L: (.j ~:a( ! Synchro 6 Report Page 1 ;~1 {,i HeM Unsignalized Intersection Capacity Analysis 6: Randy Street & Willow Street 1/412006 ,J- -. +- '- ~ .,; Movement EBL eaT WBT WBR SBl SBR Lane Configurations +1 t. V Sign Control Free Free Stop Grade 0% 0% 0% Volume (vehlh) 5 11 3 11 22 10 Peak Hour Factor 0.62 0.62 0.62 0,62 0.62 0.62 Hourly flow rate (vph) 8 18 5 18 35 16 Pedestrians Lane Width (ft) Walking Speed (ftls) Percent Blockage Right turn flare (veh) Median type None Median storage veh) Upstream signal (ft) pX. platoon unblocked VC. conflicting volume 23 48 14 vC1, stage 1 cont vol vC2, stage 2 cont vol VCu, unblocked vol 23 48 14 tC, single (s) 4.1 6.4 6.2 tC, 2 stage (s) tF (&) 2.2 3.5 3.3 pO queue free % 99 96 98 eM capacity (vehlh) 1593 957 1066 O~. Lane# EB l' WB 1 SBJ Volume Total 26 23 52 Volume left 8 0 35 Volume Right 0 18 16 cSH 1593 1700 989 Volume to Capacity 0.01 0.01 0.05 Queue length 95th (ft) 0 0 4 Control Delay (5) 2.3 0.0 8.8 Lane LOS A A Approach Delay (s) 2.3 0.0 8.8 Approach LOS A Intersection Summary Average Delay 5.2 Intersection Capacity Utilization 15.0% leu Level of Service A Analysis Period (min) 15 Helman Springs Homes AM Build Yr 2006 JRH Transportation Engineering Synchro 6 Report Page 1 .LL ,..... t'!!:'':' , ! I HCM Unsignalized Intersection Capacity Analysis 10: Randy Street & Drager Street 1/412006 -+ l- . +- ~ ~ Movement EBT EBR WBL WBT NBL NBR Lane Configurations f. ~ V Sign Control Free Free Stop Grade 0% 0% 0% Volume (veh/h) 9 0 3 10 0 7 Peak Hour Factor 0.78 0.78 0.78 0.78 0.78 0.78 Hourly flow rate (vph) 12 0 4 13 0 9 Pedestrians Lane Width (ft) Walking Speed (ftIs) Percent Blockage Right turn flare (veh) Median type None Median storage veh) Upstream signal (ft) pX. platoon unblocked vC, conflicting volume 12 32 12 vC 1, stage 1 conf vol ve2, stage 2 conf vol vCu, unblocked vol 12 32 12 tC, single (s) 4.1 6.4 6.2 tC. 2 stage (5) tF (s) 2.2 3.5 3.3 pO queue free % 100 100 99 eM capacity (veh/h) 1607 979 1069 Direction; Lane .. EB1 WBt NB1 Volume Total 12 17 9 Volume Left 0 4 0 Volume Right 0 0 9 cSH 1700 1607 1069 Volume to Capacity 0.01 0.00 0.01 Queue Length 95th (ft) 0 0 1 Control Delay (8) 0.0 1.7 8.4 Lane LOS A A Approach Oelay(s) 0.0 1.7 8.4 Approach LOS A Intersection Summary Average Delay 2.8 Intersection Capacity Utilization 13.3% ICU Level of Service A Analysis Period (min) 15 Helman Springs Homes AM Build Yr 2006 JRH Transportation Engineering Synchro 6 Report Page 1 /1 '" .... r ,_' "..eJ HeM Unsignalized Intersection Capacity Analysis 12: Otis Street & Drager Street 1/4/2006 ,J- -+ -. .(" ...-- "- "'\ t ~ \. + .I Movement EBL EBT EBR WBl WBT WBR NBl NBT NBR SBL SBT SaR Lane Configurations 4- ~ ~ ~ Sign Control Free Free Stop Stop Grade 0% 0% 0% 0% Volume (vehlh) 2 4 0 2 6 6 1 0 4 5 0 0 Peak Hour Factor 0.71 0.71 0.71 0,71 0.71 0,71 0.71 0.71 0.71 0.71 0.71 0.71 Hourly flow rate (vph) 3 6 0 3 8 8 1 0 6 7 0 0 Pedestrians Lane Width (ft) Walking Speed (Ws) Percent Blockage Right turn flare (veh) Median type None None Median storage veh) Upstream signal eft) pX, platoon unblocked vC, conflicting volume 17 6 30 34 6 35 30 13 vC 1, stage 1 cont vol vC2, stage 2 cont vol vCu, unblocked vol 17 6 30 34 6 35 30 13 tC, single (s) 4.1 4.1 7.1 6.5 6.2 7.1 6.5 6.2 tC, 2 stage (s) tF (s) 2.2 2,2 3.5 4,0 3.3 3.5 4.0 3.3 pO queue free % 100 100 100 100 99 99 100 100 cM capacity (vehlh) 1600 1615 977 856 1077 963 860 1068 Ditection; tane'~ . Ea:1 WB1 ' NB 1 SB1' Volume Total 8 20 7 7 Volume Left 3 3 1 7 Volume Right 0 8 6 0 cSH 1600 1615 1056 963 Volume to Capacity 0.00 0.00 0.01 0.01 Queue Length 95th (ft) 0 0 1 1 Control Delay (5) 2.4 1.0 8.4 8.8 Lane LOS A A A A Approach Delay (s) 2.4 1.0 8.4 8.8 Approach LOS A A Intersection Summary Average Delay 3.8 Intersection Capacity Utilization 13.3% ICU Level ot Service A Analysis Period (mln) 15 Helman Springs Homes PM Build Yr 2006 JRH Transportation Engineering Synchro 6 Report Page 1 'I ' . ..., .,'~ I ,. HCM Unsignalized Intersection Capacity Analysis 8: Otis Street & Laurel Street 1/4/2006 ...J- "). , t ~ ./ Movement ESl EBR NBl NBT SBT SBR Lane Configurations V 4' .. Sign Control Stop Free Free Grade 0% 0% 0% Volume (vehJh) 1 13 9 79 49 4 Peak Hour Factor 0.84 0,84 0.84 0.84 0.84 0.84 Hourly flow rate (vph) 1 15 11 94 58 5 Pedestrians Lane Width (ft) Walking Speed (ft/s) Percent Blockage Right turn flare (veh) Median type None Median storage veh) Upstream signal (ft) pX. platoon unblocked ve, conflicting volume 176 61 63 vC 1, stage 1 cont vol ve2, stage 2 cont vol vCu. unblocked vol 176 61 63 tC, single (6) 6,4 6.2 4.1 tC, 2 stage (s) tF (s) 3.5 3.3 2.2 pO queue free % 100 98 99 eM capacity (vehIh) 808 1005 1540 Direction. larle't E81 NS1 S81, Volume Total 17 105 63 Volume left 1 11 0 Volume Right 15 0 5 cSH 987 1540 1700 Volume to Capacity 0.02 0.01 0.04 Queue Length 95th (ft) 1 1 0 Control Delay (s) 8,7 0.8 0,0 Lane LOS A A Approach Delay (s) 8~7 0.8 0.0 Approach LOS A IntersectiOn' Summary Average Delay 1.2 Intersection Capacity Utilization 21.3% ICU Level ot Service A Analysis Period (min) 15 Helman Springs Homes PM Build Yr 2006 JRH Transportation Engineering Synchro 6 Report Page 1 L-f {i ;it I . HCM Unsignalized Intersection Capacity Analysis 3: Randy Street & Laurel Street 1/5/2006 ..,J- . ~ +- "- "\ t ~ \. ~ ..' -+ Movement EBl . EST EBR WBl WBT WBA NBl NBT. NBR SBL S8T SBR lane Configurations 4t . . . Sign Control Stop Stop Stop Stop Volume (vph) 0 0 19 4 4 1 25 49 4 1 27 1 Peak Hour Factor 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0,90 0.90 0.90 0.90 0.90 Hourly flow rate (vph) 0 0 21 4 4 1 28 54 4 1 30 1 Dlredlon, Lane '# EB1 WB1. NB1 SB 1 Volume Total (vph) 21 10 87 32 Volume Left (vph) 0 4 28 1 Volume Right (vph) 21 1 4 1 Hadj (5) -0.57 0,06 0.07 0.02 Departure Headway (s) 3,6 4.2 4.1 4.1 Degree Utilization. x 0.02 0.01 0.10 0.04 Capacity (vehlh) 963 823 868 871 Control Delay (s) 6.7 7.3 7.5 7.2 Approach Delay (s) 6,7 7.3 7.5 7.2 Approach lOS A A A A Intersection Summary Delay 7.3 HCM level of Service A Intersection Capacity Utilization 21.4% ICU Level of Service A Analysis Period (min) 15 Helman Springs Homes PM Build Yr 2006 JRH Transportation Engineering ~'6-1" Synchro 6 Report Page 1 . , -, HCM Unslgnalized Intersection Capacity Analysis 6: Randy Street & Willow Street 1/412006 ,J- -+ 4- "- \. .,; Movement EBl EST war .WBR SBL SBR Lane Configurations .t t. V Sign Control Free Free Stop Grade 0% 0% 0% Volume (veh/h) 9 0 8 17 10 2 Peak Hour Factor 0.71 0.71 0.71 0.71 0.71 0.71 Hourly flow rate (vph) 13 0 11 24 14 3 Pedestrians Lane Width (ft) Walking Speed (ftIs) Percent Blockage Right turn flare (veh) Median type None Median storage veh) Upstream signal (ft) pX,p~~nunb~ked vC, conflicting volume 35 49 23 vC 1, stage 1 conf vol vC2, stage 2 cont vol VCu, unblocked vol 35 49 23 tC, single (s) 4,1 6.4 6.2 tC, 2 stage (s) tF (5) 2.2 3.5 3.3 pO queue free % 99 99 100 cM capacity (vehlh) 1576 953 1053 DIJectiOn. lane #. EB1 WB1 SB 1 Volume Total 13 35 17 Volume Left 13 0 14 Volume Right 0 24 3 cSH 1576 1700 968 Volume to Capacity 0.01 0.02 0.02 Queue length 95th (ft) 1 0 1 Control Delay (s) 7,3 0.0 8.8 Lane LOS A A Approach De~y (s) 7.3 0.0 8.8 Approach LOS A Intersection Summary Average Delay 3.7 Intersection Capacity Utilization 17.2% ICU Level of Service A Analysis Period (min) 15 Helman Springs Homes PM Build Yr 2006 JRH Transportation Engineering Synchro 6 Report Page 1 4._~!u HCM Unsignalized Intersection Capacity Analysis 10: Randy Street & Drager Street 1/412006 -+ ~ . .... "'\ ~ Movement EST EBR WBL WBT NBL NBR lane Configurations tt 4 V Sign Control Free Free Stop Grade 0% 0% 0% Volume (veh/h) 7 0 5 5 0 2 Peak Hour Factor 0.78 0.78 0.78 0.78 0.78 0.78 Hour1y flow rate (vph) 9 0 6 6 0 3 Pedestrians Lane Width (ft) Walking Speed (ftIs) Percent Blockage Right turn flare (veh) Median type None Median storage veh) Upstream signal (ft) pX, platoon unblocked vCt conflicting volume 9 28 9 vC1, stage 1 cont vol VC2, stage 2 confvol VCu, unblocked vol 9 28 9 tC, single (s) 4.1 6.4 6.2 te, 2 stage {s} tF (s) 2.2 3,5 3.3 pO queue free % 100 100 100 eM capacity (vehlh) 1611 983 1073 Direction, lane # EB1 WB1 NB1 Volume Total 9 13 3 Volume Left 0 6 0 Volume Right 0 0 3 cSH 1700 1611 1073 Volume to Capacity 0.01 0,00 0.00 Queue Length 95th (ft) 0 0 0 Control Delay (s) 0.0 3.6 8.4 Lane LOS A A Approach Delay (s) 0.0 3.6 8.4 Approach LOS A Intersection S!JOlmary Average Delay 2.8 Intersection Capacity Utilization 14.7% ICU Level of Service A Analysis Period (m!n) 15 Helman Springs Homes PM Build Yr 2006 JRH Transportation Engineering Synchro 6 Report Page 1 ;V':'. I r, ' , + JRH TRANSPORTATION ENGINEERING APPENDIX VII ATR INFORMATION Li .. ,.. ~,":','..,)c. I ~ l 1.toca t ion; OR " I'IP 15. BZ, ROOUi'l VALLSY KIGHWAl', HO. 63 1.4 mile. .o~~h ot T&len~ Recorder: rne~alled, TALErn-. 15- 014 '.......... s~ _Percent_ofj'';JT KI$TORlCAL TRAFFIC DATA Aver"ge Daily ""'" Max 10m 20Tl! 30TH Vear Traf He Day Hour lIour !four lIour 1"5 e323 124 10.8 10.2 10.1 10.0 It96 8822 126 10.7 10.2 10.1 10.0 1997 905& U4 10.4 10.1 10.0 9.9 1998 9.95 122 10. S 10.1 10.0 10.0 1999 9510 124 10.7 10.1 10.0 9.9 2000 946:1 l;U 10.7 10.2 10.0 10.0 2001 9418 ... ..... 2002 9447 U1 14.0 11.4 10.1 10.5 2003 9"6'1 135 13.1 10.8 10.3 10.1 2004 9364 140 14. :1 10.8 lO.2 10.0 KIS'roR1CAL. lWJJ' !)y y!:.U 10000 1- -...- ~ , , I '" III I" II I I I I I II I I ., I 2000 2004 TRAFFIC nATA U 97 98 99 00 01 02 03 04 January f'ebrvary Mareh lIpril MlLy J\lne July AlI9lU1t. s.p~.llIber OcCoQ4oJ; lIo""mber December Average Weekday Traffic 9379 9770 "20 10290 10135 1 053 3 10281 10191 10174 10253 9600 98541 Percent: of A1:fr 93 98 100 103 1 a:! 106 10i 102 102 102 96 !n Peecen\: of AD'r 100 104 106 110 108 112 110 109 109 109 103 105 Average Daily Traffic 8703 U48 9137 9673 9nO 9910 9617 9524 9575 9554 9000 8700 Loca~ion: OR 62 MP 0.66. CRllTIIR I.AKB HIGHWAY. 110. 22 0.1 mile nor~heac~ of B1ddl. Road Overcro..ing Percent ____Clas.ificat1on Breakdown of ACT Pusengez: Car.. . . . . . . . . . . . . . . . . , . . . . .. 70.1 Other 2 axle 4 t.ire vehiel............ 27.2 Single Dnit 2 axle 6 tire............. 1.4 Single Unit J axle..........,......... O. J Single Dnit 4 axle or mor..... ..... ... 0.0 S1ngle Trailer Truck " aue or 'le88... 0.2 Single Trailer Truck 5 axle., ......... 0.1 Single Trailer Truck 6 axle or 1IlOre... 0.0 ObI-Trailer Truck 5 axle or leas. ..... 0.0 ObI-Trailer Truck 6 axle.. .... ... .r... 0.0 Dbl-Tr.11er Truck 1 axle or more.... . 0.0 Triple Trailer Truok...... ...... ...... 0.0 SUIllS. ........... ............. ..... ... 0.1 Motorcycles " Scoot.rs....... .. .. .. ... 0.3 Reco"du: Installed: NOR'1'lI MEDFORD, 15-017 July, 1995 HISTQRICAL TRAFnC DA.TA Percent_of_ADT_ HIS'roRICN. MDT BY YEAll Avusge Daily Max Max 10TH 20TK 10TH 40000 I Year Trafe1c Day HOur flour Hour Hour I 1996 J552S 126 10.5 10.0 '.8 9.8 30000 I 1997 14244 127 10.9 10.3 10.0 9.8 i 1998 33740 131 10.' 10.5 10.3 lO.l I 1999 3U91 ... *.... ...... 20000 i 2000 36972 130 10.. 10.0 9.9 9.1 I 2001 36400 131 10.5 10.0 9.8 9.7 lOOOO f- 2002 38003 127 10.1 9.1 9.6 9.5 I 2003 37946 126 LO.2 9.4 '.J 9.2 I 2004 38516 .... ..... ..... .... o L 9' '7 ,. 9' 00 01 02 03 04 2004 '!:'RAE"C OATA A""rllge Perc....t Average Pereen~ Weeltdlly of DaUy of Traffic ACT Traffic ADT January 15991 93 35463 92 Peb1:\lAry 37444 97 37119 96 March usn lC1J 38509 100 . lIprll 40500 105 39000 101 May 19800 103 3$500 100 June HlOa lCl7 39700 10. July 41500 108 39000 101 Augu.t 41700 108 40'00 104 Septlllllbe r 19600 103 38700 100 Octo:ber 40100 104 l8900 101 Noveonbltr 38600 100 l81DO 99 December .0000 104 39000 101. Perce"~ of ACT 4L9 52.8 _Classification Breakdown Passenger Cars.... '" ............ " . . Otber a axle 4 t1re vehicles.......... Single Unit 2 aue , Hr............... $l13gl. unJ. t ) aICle........... Bingle unit 4 &Xle or ~e... .... Single TreUer Truc:J(. 4 <Utle or less... Single Trailer Truck 5 axle. .. ..... Single TraI1.r TruCk 6 axle or ~ore... ObI-Trailer Truck 5 axle or les.... ... Dbl.Tra11er Truck 6 axle.. .... Obl.Trailer Truck 7 axle or mere... ... Triple Trailer 'I"ruclte. .. . .. Buses. . . . . . . . . . . . . . . . . . . . I4Otoxcycl.s Ii Scooters.. 2.1 0.6 0.1 0.4 1.2 0.4 0.0 0.0 C.l 0.0 O. j: o.t 241 /.l~ :, I ~, + JRH TRANSPORTATION ENGINEERING APPENDIX VIII CITY OF ASHlAND STREET DESIGN STANDARDS ",/ ~. . ~ ;./' i . ,I / ' City of Ashland St~eet Standards Handbook CitY of Ashland Department of Community. Developmer;lt .- Planning Division 20 East' Main Street AShland,\ OR 97520 . 541.488.5305 .../, r 7-> .":) wr7'HIN ctJR8.ro..cURIl .vwI TYPE: OF Sl'REEr AOT R.O.W. ellA'- ro. MOTOR IIEOtM, .,~ ~ARK. CIJRII PARK. SlO#;. MD", C/JR8 lIEHICLE AND/OR LAlles IIIG ROW WAUlS PllvewNT ntAva CENTriR WlDnt LANa TVRH LA,. Oil Oil "" 0" ""'" bOl/J bo'h ""Ill ..,d.. sld.f ai/IQ aItIa w.o... 'ouhtlf8/f/l _,/100 10 .....1' U' 'f' ...... 2,U' ,,,.' S" """ '~fll" ~1IotIfe>md '30.000 1310lIr .. 1r ',:r h,.. , "". S" 1\1-' , '~10" , "LMe 110""""" ADT ....nr ". '" n' 2.,.. m ,. ." 7''''' ..."., N...... II........ 3,IlOlIIo ...... 32'~'" "'.".,. ""... ,.". "". .> T',,'f ".111:' -- hre 10,GlJO 741....1 h;.. 3-Lon. A_. AOT 4""",,, /0'.10." 11." "". '" N't "10" 17.1' _cJl -118 Ne/gllfloM_ Co"-, tlahleM/el 1.fClO 10 lilt Nit' I Noht#tlnrl SoIlOll .....,.,' .U' 11' "1D1t. I" ,. SO... \ ht/llnri 011. SlIM - ADT 50...... 25"7' ,Cf/l' on_,.. .. 7CS' .'... 1'''''''119 _ SItIe. J7'-f.J' ""4'" ".'11' two 7' ,. 7'.,. "-41' Nelg/IlIOtft_ CDIt-.eIOr, C__ "-IIeIP""1ng 0.. SIIIII "~. 2" 111' _r '" 1~" .'-'fO"' I "....., PMIIttg BollI s_ A~r.t. 31' ,.. -.. ,. 7.....' ",'0" D~1lI PMr/ng 0.. SlIM ....T.,- 37' flI' .... ,. r.." .~." , m.g.,1IOl ';""''''1180111 SiIIu 11~1If' 54' . 111' - '" 7.".t 8'..,." NoIlgbbomoOd $-" Rnlthno.l """ NA Nil' tile" P-fI an, SI<1, ,.- 47'.". Z2' 'I' on. r ... 7.... ..... ,..","'~ BoIh SI.... ADT f1~'.' W-l7' ,r-,.. "-IntI -,' " r.... .'... 1..... Allay .... ,.. 12' fM"d /VA ItA ItA ".... liD", ...... ".... """""'- ..... .... ".", - "~I'eth ItA 10'.'" .....' ;..- NA /fA N" - ...... ........ ,,- MIiIIJ, :r.... ,.".. on ..... .,.. 'h.,.,......."-....I'"".. _. ."""kll'.IIt "_10'_ ", UlewaJlI .toOl/k'"_in _"""1,_ ".'0' oIdew.lII_k ",.,.'fed", __. .. . blllel'''''.... _.""'" nor nMdM on - ""Ium. (Jon rIP"" J._ "01) 'n_ _ "'vIf"PHd (/..IIn rlPu ZfmphJ ._,. Table 1: City of Aishland Street Design Standards 25March99 Page 20 -oj Street Standards Handbook City of Ashland ~.... .r rr- f -, rr . ]RH TRANSPORTATION ENGINEERING \ \ \I \ \ :_i.~lJ.2.,-'-Zh, ~() J11 EUGENE ... 7(15 \ illag{' PhulI 1.11I1\1, ~uifl' 2(1 I ';II~{'IIl', On'~III' l/....WI :'..H-MP.lmn MEDFORD t 1-:' I a ,t :\ fa ill....II'n:f. ~u ill' J( I'd cd fill'll. On'~oll 'I7SfI-# :l\-S1-77h-l)IIM J: ') m:CClVCD , - , CO":. .., -.p!":1ent DE CLARA TION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR HELMAN SPRINGS HOMES A CLASS I PLANNED COMMUNITY THIS DECLARATION is made this _ day of ,20_, by SAGE DEVELOPMENT, LLC, an Oregon limited liability company (hereinafter the "Declarant"). RECITALS Declarant is the owner of certain real property located at 247 Otis Street, in the City of Ashland, Jackson County, Oregon, and described on the attached Exhibit "A" (hereinafter the "Property"). Declarant desires to create a Class I Planned Community on the Property, to be known as HELMAN SPRINGS HOMES (hereinafter the "Planned Community"), comprised of 18 single-family homes, together with permanent roadways, utility installations, and open spaces for the benefit of the entire community. The Declarant is reserving the right, but not undertaking the obligation, to annex additional property to the Planned Community and subject it to the terms and provisions of this Declaration and to the Articles of Incorporation and Bylaws of the HELMAN SPRINGS HOMES OWNERS ASSOCIATION, as the same may be amended or supplemented. The Declarant desires to provide for the preservation and enhancement of the property values, amenities, and opportunities in the Property and for the maintenance of the Property and improvements thereon, and to this end desires to subject the Property to the covenants, conditions, restrictions, easements, charges, and liens hereinafter set forth, each of which is for the benefit of the Property and each owner of any Lot thereon. The Declarant has deemed it desirable for the efficient preservation of the values and amenities in the Planned Community to create a non-profit corporation, known as HELMAN SPRINGS HOMES OWNERS ASSOCIATION, to which shall be delegated and assigned the powers of owning, maintaining, and administering the common property and facilities; administering and enforcing the covenants and restrictions; collecting and disbursing the assessments and charges hereinafter created; and promoting the recreation, health, safety, and welfare of the occupants. Declaration -1- LAW OFFICES OF DAVIS, HEARN, SALADOFF, BRIDGES & VISSER A Professional Corporation 515 EAST MAIN STREET ASHLAND, OREGON 97520 (541)482-3111 FAX 1541)488-4455 f'-'" . -;.... ,,~: ,:~D C~ . '.' '"),,t NOW, THEREFORE, the Declarant declares that the Property shall be held, transferred, sold, conveyed, and occupied subject to the provisions of the Oregon Planned Community Act, ORS 94.550 et seq., and to the covenants, conditions, restrictions, easements, charges, and liens hereinafter set forth in this Declaration. ARTICLE 1 DEFINITIONS 1.1 "Architectural Review Board" shall mean the board, initially appointed by the Declarant, for the purpose of regulating the external appearance and maintenance of the Property. 1.2 "Articles" shall mean the Articles of Incorporation for HELMAN SPRINGS HOMES OWNERS ASSOCIATION. 1.3 "Association" shall mean HELMAN SPRINGS HOMES OWNERS ASSOCIA TION, an Oregon mutual-benefit, nonprofit corporation, as filed with the Oregon Corporation Division. 1.4 "Bylaws" shall mean the Bylaws of the Association, being recorded with this Declaration in the Official Records of Jackson County, Oregon. 1.5 "Board of Directors" shall mean the board of directors of the Association. 1.6 "Common Property" shall mean that area ofland shown on the recorded plat of the Property as "Common Property A, B, C, D, and E," including any improvements and easements thereon, which is intended to be devoted to the common use and enjoyment of the Members, and which land will be conveyed by deed to the Association. 1.7 "Declaration" shall mean this document, and shall include any amendments or addendums hereto. 1.8 "General Plan of Development" shall mean the Declarant's general plan of development of the Property as approved by appropriate governmental agencies and as set forth in this Declaration, which shall represent the total general plan and general uses of land within the boundaries of the Property, as may be amended from time to time. 1.9 "Living Unit" shall mean any portion of a structure situated upon the Property designed and intended for single-family residential purposes. 1.10 "Lot" shall mean each and any of Lots 1 through 18 of the Property, and any which are subsequently annexed to the Planned Community, together with any other Lots that may be designated as Lots intended for single- family residential use on any supplemental Declaration -2- LAW OFFICES OF DAVIS, HEARN, SALADOFF, BRIDGES & VISSER A Professional Corporation 515 EAST MAIN STREET / ,I ASHLAND, OREGON 97520 (541) 482.3111 FAX 1541) 488-4455 f'h.~. . -<. ..~;) c~ .', 'Gnt declaration and plat submitting additional property to the terms of this Declaration. "Lot" shall not include any lot depicted on any plat of the Property which is designated for use as Common Property. 1.11 "Member" shall mean the record owner, whether one or more persons or entities, of the fee simple title to any Lot or a purchaser in possession under a land sale contract. None of the foregoing shall include persons or entities who hold an interest in any Lot merely as security for the performance of an obligation. 1.12 "Rules and Regulations" shall mean the documents containing rules and regulations and policies proposed by the Board of Directors or the Architectural Review Board, and adopted by majority vote of the Association Members. ARTICLE 2 PROPERTY SUBJECT TO THIS DECLARATION The real property which is subject to this Declaration is described on the attached Exhibit "A," and consists of Lots and Common Property, together with any property which may be subsequently annexed to the Planned Community. ARTICLE 3 GENERAL PLAN OF DEVELOPMENT 3.1 General. The Declarant intends to develop 18 Lots, each of which shall be reserved for the construction and sale of single-family homes. Access to the Lots shall be by way Drager Street, a public street traversing the Property, and by an unnamed private alley, designated on the Plat as "Common Property C." Each Lot shall be served by the City of Ashland, Oregon services, including public water, sewer, natural gas, electric service, telephone, and cable television service, where applicable. 3.2 Common Property. As defined above, the Common Property shall be those areas depicted on the Plat as "Common Property A, B, C, D, and E" and shall include all land, landscaping, street trees, park rows, roads, concrete curbing and walkways, lighting, personal property, asphalt roads, wetlands, easements, storm drains, and any and all other improvements located thereon. The Association shall be in title to all of such Common Property, and the Declarant shall convey the Common Property to the Association within sixty (60) days after 75% of the Lots have been conveyed to purchasers other than Declarant. The legal description of the Common Property to be initially conveyed to the Association is set forth in Exhibit "B" attached hereto. In the event the Common Property is assessed for property tax purposes separately from the Lots, the Association, by and through its Board of Directors, shall take such steps as may be necessary to assess all Members equally for their share of such taxes and to pay such property taxes on a current basis. Declaration -3- LAW OFFICES OF DAVIS, HEARN, SALADOFF, BRIDGES & VISSER A Professional Corporation 515 EAST MAIN STREET ASHLAND, OREGON 97520 (541)482-3111 FAX (541)488-4455 '" :~~'- <, h: ~ ..~) ....- ......:..... ../',"nf 3.2.1 Common Properties A and D. Common Properties A and D consist of wetland areas, restricted by a Wetlands Mitigation Plan and Wetlands Maintenance Plan, as approved by the necessary State and Federal Agencies, and by the City of Ashland, Oregon. The tracts contain a 10 foot wide public utility easement on the north boundary of both parcels; and on the south boundary of Common Property A; and a 14 foot wide public pedestrian access easement on Common Property A; each of which is designated on the Plat. As provided herein, the Association shall be responsible for the maintenance and protection of the entirety of Common Properties A and D, and any deviation from the strict standards set forth in the Wetlands Mitigation Plan or the Wetlands Maintenance Plan shall require the prior written approval of the City of Ashland Planning Department. No fencing of any material, size, or nature shall be installed at any time around the perimeter of the Common Property wetland areas. 3.2.2 Common Property B. Common Property B consists of a landscaped area intended for the use and enjoyment of all Members, and includes a 10 foot wide public utility easement and a 15 foot wide public pedestrian access easement, each of which is designated on the Plat. The Association shall be responsible for the maintenance, repair, and replacement of all land, landscaping, and other improvements on the tract designated as Common Property B. 3.2.3 Common Property C. Common Property C consists of a private alley, with asphalt and curbing in conformance with the standards of the City of Ashland, Oregon. The private alley may be used by any Member for ingress, egress, and access; provided, however, that no Member may park vehicles on or otherwise block the alley at any time. As more particularly provided herein, the Association shall be responsible for the maintenance, repair, and replacement of the private alley, including all asphalt and concrete located thereon. 3.2.4 Common Property E. Common Property E consists of land and landscaping, a water feature, and a wellhead and associated geothermal spring, which spring serves the water feature as well as the private pool located upon Lot 18. The Declarant has provided a deed restriction designed to protect, in perpetuity, the wellhead and the associated geothermal spring as permanent natural and man-made features of the Property. The deed restriction provides that the Association may make future enhancements to the well, subject to compliance with all laws then in effect; provided, however, that neither the Association nor any owner may cap, degrade, or destroy the wellhead. The deed restriction shall be fully enforceable by the Association. 3.3 Common Property Improvements. It is contemplated that all improvements will be completed prior to conveyance of a Lot to any Member, or a surety bond or security deposit will be posted therefor as required by applicable government agencies. There shall be no development of the Common Property other than that which has been identified in the Development Plan of the Declarant, as approved by the City of Ashland, Oregon. II Declaration -4- LAW OFFICES OF DAVIS, HEARN, SALADOFF, BRIDGES & VISSER A Professional Corporation 515 EAST MAIN STREET ASHLAND, OREGON 97520 (541)482-3111 FAX (541)488-4455 J r.> > r;,t ARTICLE 4 GOVERNMENTAL RESTRICTIONS; MAINTENANCE RESPONSIBILITIES; AND ARCHITECTURAL CONTROLS 4.1 General. 4.1.1 Governmental Restrictions. All uses, occupancy, construction, and other activities conducted on any Lot shall conform with and be subject to applicable zoning, use restrictions, setback requirements, and construction and building codes of all local, state, and federal public authorities. 4.1.2 Combination, Division. No Member shall have the right to divide any Lot, except upon the prior consent of a majority of Members of the Planned Community, and the City of Ashland, Oregon. Any Member, upon compliance with the requirements of all applicable zoning, building, and land use laws, regulations, and ordinances, and the architectural requirements of the Declaration, and any Rules and Regulations of the Association, may construct or reconstruct one Living Unit on two or more Lots. 4.2 Maintenance, Repair, and Replacement. 4.2.1 Association Responsibilities. The Association shall perform all maintenance, repair, replacement, irrigation, planting, pruning, mowing, and cleaning of the Common Property, including the wetland areas, water feature, wellhead, geothermal spring, storm water detention and drainage systems, all Common Property park rows and street trees, all lawns, landscaping, irrigation and sprinkling systems, and all walkways, driveways, street lighting, playgrounds, benches, and picnic tables, as the same shall apply. The Association shall also be responsible for the maintenance, repair, and replacement of sanitary sewer and water lines from the connection with the main service line owned and maintained by the public service provider to the point where such lines cross the Lot lines. The Association shall further be responsible for the maintenance, repair, replacement, irrigation, planting, pruning, mowing, and cleaning of the land, landscaping, walkways, and all other improvements upon and within the 15 foot wide Landscape Easement described in Paragraph 12.4 herein, the 15 foot wide Private Access Easement provided in Paragraph 12.5, and all Public Pedestrian Access Easements as described in Paragraph 12.7 herein. 4.2.2 Member Responsibilities. Each Member shall perform all maintenance, repair replacement, planting, pruning, mowing, and cleaning, of the land and landscaping, and driveways and parking pads on Lots, with the exception of the 15 foot wide Public Pedestrian Access Easementlocated on Lot 18, and the 15 foot wide Private Access Easement located on Lot 14, which shall be maintained, repaired, and replaced by the Association, as provided above. In addition, Members shall maintain, repair, and replace all interior and exterior components of the Members Living Unit, including, but not limited to, doors, windows, all roofing, siding, concrete, Declaration -5- LAW OFFICES OF DA VIS, HEARN, SALADOFF, BRIDGES & VISSER A Professional Corporation 515 EAST MAIN STREET ASHLAND, OREGON 97520 (541)482-3111 FAX (541)488-4455 11 L." ) ,r,t gutters, and sanitary sewer and water lines from the point where such lines cross the Lot lines beneath the Members Lot. The owner of Lot 18 shall be solely responsible for the maintenance, repair, and replacement of the private pool located on such Lot, as well as the facilities and improvements constructed to accommodate the water flow from the wellhead and geothermal spring to the private pool, from the point at which such water flow traverses the Lot line between Common Property E and Lot 18. . 4.3 Overhead Utilities. No outdoor overhead wire or service drop for the distribution of electric energy or for telecommunication purposes nor any pole, antennae, satellite receiving dish, tower, or other structure for independent reception, transmission, or support of any of the above shall be erected, placed, or maintained within the Property. 4.4 Architectural Review Board. 4.4.1 Composition. The Declarant shall appoint and replace, when necessary, an Architectural Review Board consisting of at least one member prior to the initial turnover meeting and at least three members following the initial turnover meeting. After the initial meeting of the Association as provided in the Bylaws, the Board of Directors shall assume that responsibility. The Declarant may serve as the sole member of the Architectural Review Board prior to the initial meeting of the Association, at which time, if the Declarant remains entitled to serve on the Board of Directors, the Declarant may also continue to serve as a member of the Architectural Review Board. 4.4.2 Duties. It shall be the duty of the Architectural Review Board to regulate the external design, appearance, location, and maintenance of all the Property and of improvements thereon, whether on a Lot or Common Property, and to regulate use of such Property as described in this Declaration. Upon conveyance of the first Lot to a Member, the Architectural Review Board shall adopt general rules to implement the purposes and interpret the covenants of this Article, including, but not limited to, rules not less restrictive than those contained in this Declaration, if any, to regulate animals and tenants, storage and use of recreational vehicles, storage and use of machinery, use of outdoor drying lines, trash containers, and the planting, maintenance, and removal of vegetation of the Property. 4.4.3 Approval Required. No building, fence, wall, or other structure shall be erected upon the Property, nor shall any exterior addition to, change in, painting or staining of, or alteration to any Unit, outbuilding, fence, wall, or other structure on the Property be made until the plans showing the shape, height, materials, color, and location of the same shall have been approved in writing by the Architectural Review Board as to the harmony of external design, materials, color, and location in relation to surrounding structures and topography. II Declaration -6- LAW OFFICES OF DAVIS, HEARN, SALADOFF, BRIDGES & VISSER A Professional Corporation 515 EAST MAIN STREET ASHLAND. OREGON 97520 (541)482-3111 FAX (541)488-4455 4.4.4 Procedure; Quorum. A Member wishing to take action requiring approval shall give notice of such proposed action to the Architectural Review Board, together with plans and specifications therefor. The Architectural Review Board shall meet to review the Member's request within 10 days of receipt and shall render a decision, by the vote of a majority of Review Board members present at a meeting where the quorum has been met, within 15 days of receipt. Interested Members shall have an opportunity to comment on the request at all such meetings, which shall be open to all Members. If the Architectural Review Board fails to render a written decision within the time allowed, the request shall be deemed to be approved. A quorum for the Architectural Review Board action shall be a majority of its members. 4.4.5 Appeal. The decision of the Architectural Review Board under this Article (including any failure to approve or disapprove within the time allowed) shall be subject to appeal by any interested Member as set forth in this Article. Upon the payment of a reasonable fee established by the Architectural Review Board to cover administrative costs not to exceed two hundred fifty dollars ($250), any interested Member may appeal the decision of the Architectural Review Board to the Association Members. The appeal shall be made in writing and shall be filed with the secretary of the Association within 30 days of the decision of the Architectural Review Board. The Board of Directors shall call a special or ballot meeting to be held after 10 days notice and within 30 days after the appeal has been filed with the secretary of the Association. It shall require a vote of at least a majority of the votes of Association Members to reverse or modity the decision of the Architectural Review Board. ARTICLE 5 ASSOCIATION MEMBERSHIP As defined hereinabove, each owner of a Lot in the Planned Community shall be a mandatory Member of the Association as provided in the Bylaws and subject to all the terms thereof. Each Member is entitled to one (I) vote per Lot. ARTICLE 6 DECLARANT CONTROL Declarant reserves administrative control of the Association as provided in the Bylaws. ARTICLE 7 COMMON PROPERTY 7.1 Obligations ofthe Association. Subject to the rights of Members set forth in this Declaration, the Association shall be responsible for the exclusive management and control of the Common Property and any improvements thereon as set forth in the Bylaws. II Declaration -7- LAW OFFICES OF DAVIS, HEARN, SALADOFF, BRIDGES & VISSER A Professional Corporation 515 EAST MAIN STREET ASHLAND, OREGON 97520 (541)482-3111 FAX (541)488-4455 ~ ..J ;L 7.2 Members' Easement of Enjoyment. Subject to the provisions of this Declaration, the Bylaws, and Rules and Regulations, every Member shall have a nonexclusive right and easement of enjoyment in and to the Common Property, which shall be appurtenant to and shall pass with the title to every Lot. 7.3 Extent of Members' Easements. The Members' easements of enjoyment created hereby shall be subject to the following: 7.3.1 Subject to Rules and Fees. The Association may establish reasonable rules and charge reasonable assessments and fees for capital expenditures on the Common Property and the maintenance and upkeep of the Common Property and payment of expenses. 7.3.2 Suspension of Member's Right. The Association may suspend the right of a Member or any occupant of a Lot to use the Common Property and facilities for any period during which any assessment against such Member or occupant's Lot remains unpaid for more than 30 days after notice of such nonpayment; provided, however, that no such suspension pursuant to this subsection shall deprive a Member of access to his or her Lot. 7.3.3 Sale of Common Property. Except as otherwise expressly provided herein, the Association shall not have the authority to sell, dedicate, or otherwise transfer any portion of the Common Property, or create a security interest therein. All Common Property of the Planned Community shall retain its classification as such, in perpetuity, unless otherwise authorized by the City of Ashland, Oregon. 7.4 Declaration of Use. Any Member may delegate his or her right of enjoyment to the Common Property to the Member's family and tenants, and to a reasonable number of guests subject to Rules and Regulations as may be established from time to time by the Association. 7.5 Damage or Destruction of Common Property by Member. In the event any Common Property is damaged or destroyed by a Member or any of a Member's guests, tenants, licensees, agents, or members of his or her family, in a manner that would subject such Member to liability for such damage under Oregon law, such Member does hereby authorize the Association to repair such damage. The Association shall repair damage in a good and workmanlike manner as originally constituted or as the area may be modified or altered subsequently by the Association in the discretion of the Association. The reasonable cost necessary for such repairs shall become a special assessment upon the Lot of the Member who caused or is otherwise responsible for such damage. II Declaration -8- LAW OFFICES OF DAVIS, HEARN, SALADOFF, BRIDGES & VISSER A Professional Corporation 515 EAST MAIN STREET ASHLAND, OREGON 97520 (541) 482-3111 FAX (541) 488-4455 ARTICLE 8 COVENANTS FOR MAINTENANCE ASSESSMENTS/SPECIAL ASSESSMENTS; AND COMMON PROFITS 8.1 Creation of the Lien and Personal Obligation of Assessments. The Declarant and each Member, by acceptance of a deed thereof, whether or not it shall be so expressed in such deed, is deemed to covenant and agrees to pay the Association (I) regular assessments or charges for common expenses, and (2) special assessments as provided herein. All assessments, together with interest thereon at the rate established from time to time by resolution of the Board of Directors and together with all costs, fees, charges, and fines allowed by law, shall be a lien and charge on the land and shall be a continuing lien upon the Lot against which each such assessment is made. Such lien shall exist and be executed, recorded, and foreclosed in the manner provided by law. 8.2 General Assessments. 8.2.1 Purpose of Assessments. The assessments levied under this Article shall be used exclusively for the purpose of promoting the recreation, health, safety, and welfare of the residents of the Property, and for the improvement and maintenance of such Property, including payment of premiums for insurance of the Association and to fund a replacement reserve for those items of which the Association has maintenance responsibility, and for payment of any common operating expenses such as landscaping, maintenance, Association water, sewer, power, garbage collection, management services, legal and accounting services, and the like. Neither the Association, nor any assessments of the Members shall be used to engage in lobbying or to exert political influence. 8.2.2 Basis for Assessment. The assessments shall include the following items: (a) Expenses of administration; (b) Expenses of maintenance, repair, and replacement of land, landscaping, easements, and improvements on the Common Property and Lots, to the extent as the Association has responsibility for same, as provided in this Declaration; (c) Any deficit in common expenses for any prior period; (d) Utilities for the Common Property and other utilities with a common meter or commonly billed, such as electricity, water, and sewer; (e) The cost of any professional management desired by the Board of Directors; Declaration -9- LAW OFFICES OF DAVIS, HEARN, SAlADOFF, BRIDGES & VISSER A Professional Corporation 515 EAST MAIN STREET ASHLAND. OREGON 97520 (541) 482-3111 FAX (541) 488-4455 J "'1: (f) Any other items properly chargeable as an expense ofthe Association; and (g) Reserve items as more particularly set forth herein. 8.2.3 Method of Assessment. All assessments shall be allocated equally among all Members. However, in the event that a regular or special assessment shall confer disproportionate benefit among the Members, the Board of Directors shall have the authority to allocate said assessment appropriately according to relative benefit. If the Board determines that any common expenses are the fault of any Member, it may assess the expense exclusively against the Lot of that Member. Any common expenses that only benefit a particular Member or group of Members shall be specially assessed to the benefitting Member or Members. No Member may claim exemption from liability for contribution toward the common expenses by waiver by the Member of the use or enjoyment of any of the Common Property or by abandonment by the Member of the Member's Lot or Living Unit. If any utility line benefits less than all of the Members, and any maintenance or repair work is performed by the Association on the utility line, the Association shall specially assess the Members benefitted by the utility line and such special assessment shall be fairly allocated based upon the relative benefit to such Members from the utility line. Until the turnover meeting as provided in the Bylaws, the assessment amount shall be established by the Declarant and may be modified at any time provided each Member receives 30 days written notice of same. Thereafter, the Board of Directors shall determine the assessments, whether monthly or annually, in accordance with the provisions hereof; provided, however, that the assessments shall be sufficient to meet the obligations imposed by the Declaration. The budget shall be presented to the Association and may be amended by a majority of the votes of the Members. The Board shall set the date( s) such assessment shall become due. The Board may provide for collection of assessments annually or in monthly, quarterly, semi-annual, or annual installments; provided, however, upon the default in the payment of anyone or more installments, the entire balance of such assessment may be accelerated at the option of the Board and be declared due and payable in full, together with interest and attorney fees and costs as hereinafter provided. Notwithstanding any other provision herein, the general assessments of the Association may not be increased by more than 20% in anyone year without approval of a majority of the Members at a meeting at which a quorum exists, or a majority of the votes of all Members, if the vote is taken by written ballot. 8.3 Date of Commencement of Annual Assessments. Initially, the Declarant shall pay all common expenses. The general assessments with respect to the Lots shall commence at the time the Declarant declares, but in no event later than the first day of the month following the conveyance of a Lot to a Member other than the Declarant. The Declarant shall pay the assessments for each unsold Lot until it shall be conveyed, including contributions to reserve accounts. Declaration -10- LAW OFFICES OF DAVIS, HEARN, SALADOFF, BRIDGES & VISSER A Professional Corporation 515 EAST MAIN STREET ASHLAND, OREGON 97520 (541) 482-3111 FAX (541) 488-4455 8.4 Initial Assessment. Upon the closing of the sale of each Lot to a Member other than the Declarant, each Member shall contribute a sum equal to two (2) times the monthly assessment as a one-time contribution to the working capital of the Association, together with such other sums as may be called for by the sales agreement and Bylaws. If the Declarant has made such contribution, each purchaser, upon closing, shall instead reimburse the Declarant for the amount of such contribution made by the Declarant in respect to the Lot conveyed. 8.5 Common Property Reserve Study. Declarant has performed a Reserve Study to establish the initial assessment for the Reserve Account. The Board shall conduct an annual update to the Reserve Study to determine the reserve account requirements, and may adjust the amount of payments as indicated by the study or update and provide for other reserve items that the Board may deem appropriate. The study shall include identification of all items for which reserves are required to be established, their estimated remaining useful life, the estimated cost of maintenance, repair, or replacement of each item at the end of its useful life, and a 30 year plan to meet that maintenance, repair, and replacement schedule. 8.6 Common Property Reserve Account. The assessment against each Lot shall include an amount allocated to a reserve account established for the purpose of funding replacements of those elements of the Common Property that will normally require replacement, in whole or in part, in more than 3 and less than 30 years. The account shall be in the name of the Association and separated from other funds. It shall be used only for the purposes for which the reserves have been established. The account shall also fund other items, whether or not involving Common Property, if the Association has responsibility to maintain the items, unless they could reasonably be funded from operating assessments. Amounts assessed with respect to reserves shall take into account the estimated remaining life of the items for which the reserve is created and the current replacement cost of such items based on the results of the Reserve Study described herein. The reserve account need not include reserves for those items for which one or more Members are responsible for maintenance and replacement under the provisions of this Declaration or the Bylaws. The assessments pursuant to this section shall accrue from the date of conveyance of the first Lot in the Property. The Board may borrow funds from this reserve account to meet high demands on the regular operating funds or to meet other unexpected increases in expenses. The Board shall repay such funds according to a written payment plan adopted no later than the date the budget is adopted for the following year, said plan providing for repayment within a reasonable period. The Association may, on an annual basis by a unanimous vote of all Members, elect not to fund the reserve account. By a vote of at least 75% of the Members, the Association may also elect to reduce or increase future assessments for the account. 8.7 Special Assessments. The Declarant, and the Board of Directors after it assumes administrative control of the Association, shall have the power to levy special assessments against a Member or all Members in the following manner for the following purposes: Declaration -11- LAW OFFICES OF DAVIS, HEARN. SALADOFF, BRIDGES & VISSER A Professional Corporation 515 EAST MAIN STREET ASHLAND. OREGON 97520 (541)482-3111 FAX (541)488-4455 ) (a) To correct a deficit in the operating budget; ",~ t-t (b) To collect amounts due to the Association from a Member for breach of the Member's obligations under the Declaration, these Bylaws, or the Rules and Regulations; (c) To make repairs or renovations to the Common Property and/or to those portions of the Lots for which the Association has responsibility of maintenance and replacement if sufficient funds are not available from the operating budget or replacement reserve accounts; or (d) To make capital acquisitions or improvements, as approved by vote of a majority of the Members, without regard to special voting rights in favor of the Declarant, if any. 8.8 Effect of Non-Payment of Assessments; Remedies of the Association. Any assessment unpaid within 20 days of its due date shall incur a late fee of 10% of the delinquent installment. In addition to any other remedies provided by law, the Association may bring an action at law against the Member personally obligated to pay the same or foreclose a lien upon the Member's Lot. No such action or judgment entered therein shall be a waiver of the lien of the Association. The Board shall have authority to compromise overdue assessment claims if it benefits the Association. No Member may waive or othelWise escape liability for the assessments provided for herein by non-use of the Common Property or abandonment of his or her Lot. A Member may not claim to offset an assessment for failure of the Association to perform the Association's obligations. The Declarant shall have this power prior to the initial meeting of the Association. 8.9 Subordination of the Lien to Mortgages. The lien with respect to any assessment provided for herein shall be prior to any homestead exemption and all other liens and encumbrances on a Lot, except: (a) A lien for real estate taxes and other governmental assessments or charges; and (b) A first mortgage or trust deed of record. 8.10 Common Expenses and Profits. Profits arising from any operation or from the sale of any Association asset shall be shared among the Members in proportion to their liability for payment of assessments, i.e. equally. Common expenses shall be, similarly, shared equally. ARTICLE 9 DECLARANT'S SPECIAL RIGHTS Until the Living Units on all Lots on the Property have been constructed, fully completed, and sold, the Declarant shall have the following special rights with respect to the Common Property and each Lot on the Property: Declaration -12- LAW OFFICES OF DAVIS, HEARN, SALADOFF, BRIDGES & VISSER A Professional Corporation 515 EAST MAIN STREET ASHLAND, OREGON 97520 (541) 462-3111 FAX (541) 466-4455 9.1 Sales Office and Model. The Declarant's designee shall have the right to maintain a sales office and model on one or more of the Lots which the Declarant or the designee owns. The Declarant or the designee and prospective purchasers and their agents shall have the right to use and occupy the sales office and models during reasonable hours any day of the week. 9.2 "For Sale" Signs. The Declarant or the designee may maintain a reasonable number of "For Sale" signs at reasonable locations on the Property, including, without limitation, the Common Property. 9.3 Declarant Easements. The Declarant has reserved easements over the Property as more fully described herein. ARTICLE 10 DAMAGE AND DESTRUCTION 10.1 Insurance Proceeds Sufficient to Cover Loss. In case of fire, casualty, or any other damage and destruction to the Common Property, the insurance proceeds of the master insurance policy, if sufficient to reconstruct the damaged or destroyed improvements, shall be applied to such reconstruction which shall commence within 120 days of such damage, or as soon thereafter as proceeds are available. Reconstruction of the damaged or destroyed improvements, as used in this section, means restoring the improvements to substantially the same condition in which they existed prior to the fire, casualty, or disaster. Such reconstruction shall be accomplished under the direction of the Board of Directors. 10.2 Insurance Proceeds Insufficient to Cover Loss. If the insurance proceeds are insufficient to reconstruct the damaged or destroyed improvements, the damage to, or destruction of, such improvements shall be promptly repaired and restored under supervision of the Board of Directors, using the proceeds of insurance, if any, on the improvements for that purpose and all the Members shall be liable for assessment for any deficiency for such reconstruction, such deficiency to take into consideration as the Member's contribution any individual policy insurance proceeds provided by such Member. Such reconstruction shall commence within 120 days of such damage, or as soon thereafter as proceeds are available. ARTICLE 11 CONDEMNATION OF COMMON PROPERTY In the event that all or any portion of the Common Property is appropriated as the result of condemnation or threat or imminence thereof, the following rules and guidelines shall apply: 11.1 Representation by Association. The Board of Directors of the Association shall have the sole authority, right, and duty to represent each of the Members for the purpose of negotiating and contesting, if it deems so doing to be necessary or appropriate, any condemnation Declaration -13- LAW OFFICES OF DAVIS, HEARN, SALADOFF, BRIDGES & VISSER A Professional Corporation 515 EAST MAIN STREET ASHLAND. OREGON 97520 (541)482-3111 FAX (541)488-4455 ,-' '?rt award offered by the condemning authority in question and may authorize expenditures and assessments to retain adequate counselor other experts for such purposes. 11.2 Allocation of Condemnation Award. The Board of Directors of the Association shall allocate and distribute any condemnation award received by it with respect to the Common Property to the Members in proportion to the diminution in fair market value incurred by them with respect to their respective Lots and improvements as a result of said condemnation. 11.3 Arbitration. In the event of any controversy by, among, or between any Member or Members and the Board of Directors arising under this section, each of the disputing parties shall choose one (I) arbitrator and such arbitrators shall choose one (I) additional arbitrator. The three (3) arbitrators shall resolve the controversy by majority vote and said decision shall be final, binding, and unappealable upon the disputing parties. Any action or decision of the Board of Directors pursuant to this section shall carry a rebuttable presumption of correctness for purposes of arbitration pursuant to this section. The disputing parties each shall pay all the fees and expenses of the arbitrator designated by each of them and shall pay equally all fees and expenses of the third arbitrator. The disputing parties each shall pay their own expenses in connection with the arbitration. 11.4 Retention of Rights. No provision of this section shall be construed as negating the right of the individual Members to such incidental relief as the law may provide as a result of the condemnation of the Common Property. ARTICLE 12 EASEMENTS 12.1 Association's Easements. The Declarant hereby grants to the Association, a blanket easement with respect to all Lots on the Property, for the purpose of maintaining, repairing and replacing utilities lines and facilities located on the Lots, and for carrying out any and all of the Association's responsibilities described herein. The easement granted in this section shall be perpetual and shall run with the land. 12.2 Declarant's Easements. The Declarant hereby reserves to itself and its designees a blanket easement over, upon, through, and under the Property, including, without limitation, all Lots and Common Property, for all purposes reasonably required in carrying out the General Plan of Development including, without limitation, ingress and egress, the construction, alteration, completion, and decoration of Units and improvements developed on the Property, the installation, maintenance, repair, and replacement of all utility and service lines and systems serving Units, and the sale of Lots and Living Units. The easement herein reserved shall include the right to store materials on the Common Property at such places and for such periods as may be reasonably required to effect the purposes for which this easement is reserved. The easement shall be perpetual and shall run with the land and shall be freely assignable by the Declarant. Declaration -14- LAW OFFICES OF DAVIS, HEARN, SALADOFF, BRIDGES & VISSER A Professional Corporation 515 EAST MAIN STREET ASHLAND, OREGON 97520 (541)482-3111 FAX (541)488-4455 12.3 Member's Easements. The Declarant hereby grants to each Member an easement over the Common Property and over other Lots for patio overhangs, roof overhangs, driveways, fences, HV AC units, and other minor encroachments into the Common Property or other Lots arising from the Unit and its accessory components having not been constructed, or not having been reconstructed, precisely within the Lot line. This easement shall be perpetual and run with the land. 12.4 Lot 1415' Wide Landscape Easement. The Declarant hereby provides a 15 foot wide non-exclusive easement for landscaping, over, under, and through those portions of Lot 14 depicted on the Plat as "Landscape Easement." Such easement shall benefit all owners of Lots in the Planned Community, and all such owners shall be entitled to access and enjoy such landscaping. As more particularly provided herein, the Association shall be solely responsible for the planting and maintenance of the Landscape Easement, with the costs of same being assessed equally to all Members. The Landscape Easement shall be perpetual and shall run with the land. 12.5 15' Wide Private Access Easement. The Declarant hereby provides a 15 foot wide non-exclusive, perpetual easement for ingress, egress, and access, over those portions of Lots 14 depicted on the Plat as "Private Access Easement," such easement to benefit Lot 13. The easement shall be for the purpose of allowing vehicle and pedestrian access from Drager Street to Lot 13. The maintenance, repair, and replacement of all improvements constructed or otherwise located on such easement, including all concrete, asphalt, landscaping, and fencing, as applicable, shall be accomplished by the Association, and the costs of same being shared equally among Lots 13 and 14. The Private Access Easement shall be binding upon all parties in title to the affected Lots, and shall run with and be appurtenant to such parcels. 12.6 Lot 18 Irrevocable License and Easement for Water Flow. The Declarant hereby grants an irrevocable license and concurrent easement for the benefit of Lot 18, for the purpose of allowing Lot 18, in perpetuity, to receive water flow from the well located on Common Property E, in an amount reasonably consistent with the amount of water used to serve the private pool on Lot 18 as of the date this Declaration is recorded. The Association shall be entitled to make all lawful use of the well for the benefit of the Association Membership, provided such use does not unreasonably interfere with the concurrent right of Lot 18 to continue to receive water from the well as provided above. 12.7 Public Pedestrian Access Easements. The Declarant hereby grants to the public, a non-exclusive public pedestrian access easements over and upon those portions of the Plat designated as PPAE (Public Pedestrian Access Easements). All such easements, whether located on a Lot or on the Common Property, shall be maintained by the Association, with the cost of same being allocated equally among all Lots. The easements granted herein shall be perpetual and shall run with the land. Declaration -15- LAW OFFICES OF DAVIS, HEARN, SALADOFF, BRIDGES & VISSER A Professional Corporation 515 EAST MAIN STREET ASHLANO, OREGON 97520 (541)482-3111 FAX (541)488-4455 12.8 Tree Protection Plan. All of the trees on the Property are subject to a Tree Protection Plan identifying the trees for preservation, and setting forth maintenance requirements for such trees. Any deviation from the Tree Protection Plan shall require the prior written approval of the City of Ashland Planning Department. ARTICLE 13 DISCLOSURES; DISCLAIMERS 13.1 Vegetation. Grass, trees, and other vegetation, if any, even if remaining at close of purchase and occupancy of a particular Lot or Living Unit, may not survive, and may need to be replaced at the sole expense of the Association or the Member. No warranty of quality or survival is given by Declarant with respect to grass, trees, and other vegetation. Further, Members are advised that native trees are often subject to governmental regulation and may not necessarily be removed at will. 13.2 Sound Transmission. It is normal to experience some transmission of sound between Lots and Living Units. Declarant makes no warranty regarding soundproofing, transmission of sound between Living Units, and/or levels or adequacy of sound insulation, and that transmission of sound between Living Units shall not be considered a construction defect. Each Member in title to a Lot attests that the Member has had ample opportunity to discern to the Member's satisfaction the level of sound and sound transmission on the Lot or in the Living Unit at various times of day, that sound levels may differ over time depending on a variety of factors, and that the Member accepts current and potential future sound levels. The consideration paid to Declarant for the Lot reflects the Member's acceptance of sound transmissions, and the Member would have paid a higher price for any additional sound insulation or any warranties regarding sound. 13.3 Acoustics, Light, Air, and View. Declarant made no representation or warranty regarding the existence of or changes in the level of noise, light, air, or view benefitting or burdening the Lots or Living Units specifically or the Planned Community generally. Declarant will have no liability if the current level of noise, light, air, or view affecting the Lots or Living Units changes due to future developments. Living Unit occupants may hear some degree of noise from the nearby streets, from nearby residences, and from nearby common areas. Following the turnover meeting, the Association, and not Declarant, shall bear the responsibility of enforcing roles against disturbing other Members of the Association. 13.4 _Mold. Mold is a commonly occurring natural substance that can grow anywhere water infiltration and humidity exist. There is controversy regarding whether and to what extent certain types of mold are toxic to humans. Declarant will not be liable for any damage or bodily injury suffered by a Member or the occupants or guests in a Living Unit resulting from or related to the presence of mold. Members are advised to inspect for mold or any other dangerous condition on a regular basis. Members should take prompt action to remedy underlying water Declaration -16- LAW OFFICES OF DAVIS, HEARN, SALADOFF, BRIDGES & VISSER A Professional Corporation 515 EAST MAIN STREET ASHLAND, OREGON 97520 (541)482-3111 FAX (541)488-4455 \ I r;f infiltration and humid conditions that are causing or have the potential to cause mold and thereby avoid any possibility of damage or injury from long-term exposure to mold. 13.5 _Utility Failure. Neither the Association, nor the Board nor Declarant shall be liable for: (i) any failure of any utility or other service to be obtained and paid for by the Board; (ii) injury or damage to person or property caused by the elements, or resulting from electricity, noise, smoke, water, rain (or other liquid), dust, or sand which may leak or flow from the outside or from any parts of Unit structures, or from any of its pipes, drains, conduits, appliances" or equipment, or from any other place; or (iii) inconvenience or discomfort resulting from any action taken to comply with any law, ordinance, or orders of a governmental authority. No diminution or abatement of common expense assessments shall be claimed or allowed for any such utility or service failure, or for such injury or damage, or for such inconvenience or discomfort. ARTICLE 14 USE AND RENTAL RESTRICTIONS 14.1 Rental Restrictions. The nightly or weekly rental of any Living Unit or Lot on the Property for vacation purposes shall not be allowed. However, each Member shall be allowed to lease or rent the use of such Member's Living Unit on a monthly basis, so long as the Member first provides written notice to the Association of the dates during which the Unit is or will be rented and the person(s) to whom the Unit will be rented. All such leases or rental agreements shall be in writing and shall be deemed to provide that their terms shall be subject in all respects to the provisions of this Declaration, Bylaws, and the Rules and Regulations, and that any failure by the lessee or renter to comply with the provisions of such documents shall constitute a default under said lease or rental agreement. The lessee's or renter's use and enjoyment of the Common Property under such lease or rental agreement shall be subject to suspension by the Board of Directors for any of the causes set forth elsewhere in this Declaration, including, without limitation, the nonpayment of assessments with respect to the Lot occupied by the lessee or renter. Any lessee or renter shall be entitled to the use and enjoyment of the Common Property, and a Member may not sever the right to the use and enjoyment of the Common Property from the right to occupy his or her Lot and the improvements thereon by means of a lease, rental agreement, or otherwise. 14.2 Ownership and Use Restrictions. Each Lot and Living Unit is to be occupied and used only for single-family residential purposes by Members, tenants, and social guests. There shall be no trade or commercial activity conducted thereon, with the exception of executive or professional office use by the Member that does not interfere with other Members' quiet enjoyment of their property, and only so long as no clients or customers will call at the residence, and no sign is erected on the residence. There shall not be permitted any group care facilities, tents, shacks, trailers, campers, recreational vehicles, outbuilding, or structure of a temporary character, used on any Lot as a dwelling, either temporarily or permanently. There Declaration -17- LAW OFFICES OF DAVIS, HEARN, SALADOFF. BRIDGES & VISSER A Professional Corporation 515 EAST MAIN STREET ASHLAND, OREGON 97520 (541)482-3111 FAX (541)488-4455 '''1 -' ~ t shall be no overnight camping permitted on any Lot. All construction trash and scrap must be kept in a closed container during any periods of construction by the Member. 14.3 Pets. There shall be no breeding or keeping of any animals for commercial purposes. Members may have and keep a reasonable number of usual and ordinary household and domestic pets such as cats and dogs. No other animals or livestock shall be permitted. No pets shall be allowed to run loose. All pets are to be kept under reasonable control at all times. No pets are allowed on the Common Property, on unfenced portions of Member's Lot, or upon public street frontage, unless on a leash accompanied by the Member. The Board may cause any unleashed dog within the Common Property to be removed to a pound or animal shelter. The owner of the pet shall clean up any mess left by their pets in the Common Property or on adjoining Members' properties. Any dog that barks regularly or habitually, or any pet that is dangerous or diseased, is prohibited. The installation of any animal pen, run, or shelter shall be approved, in advance and in writing, by the Architectural Control Committee pursuant to the appropriate provisions herein. Any Member who owns or otherwise allows a pet on the Property is responsible for any damage caused by the pets, and the pets of their tenants and guests. 14.4 Parking. Each Member shall park any and all vehicles inside ofthe Member's garage, or on the driveway located on the Member's Lot. No Member shall be entitled to park any vehicle on Drager Street or on the private access alley at any time. The Association shall have the right, and the obligation, to tow any vehicle in violation of this section, and all costs of towing shall be assessed to the Member responsible for such violation, as appropriate. 14.5 Nuisances in General. No noxious, illegal, or offensive activities are to be: carried on upon any Lot or any part of the Planned Community. Outdoor burning of any trash is prohibited. No vehicles, boats, or recreational vehicle building materials may be stored on any Lot. Any act or series of acts which become a serious annoyance, nuisance, hazard, or which interferes with the quiet enjoyment of a Lot or Common Property by any Member is hereby prohibited. 14.6 Common Property. No Member shall construct or place any structure, material, planting, equipment, or any object of any kind on any portion of the Common Property, unless granted written permission by the Board of Directors, and then only in strict compliance with such authorization. No such change or alteration shall be authorized which is inconsistent in any way with the Master Plan as approved by the City of Ashland, Oregon. 14.7 Fencing Restrictions. All fencing which borders multi-use paths, common property, or other open space areas, shall be constructed no greater than four feet in height. All such fencing shall be first approved by the Architectural Review Committee for compliance with height restrictions, and for quality and type of material and construction. All fencing shall comply with any and all Rules and Regulations promulgated by the Board or by the Architectural Review Committee regarding same. Declaration -18- LAW OFFICES OF DAVIS, HEARN, SALADOFF, BRIDGES & VISSER A Professional Corporation 515 EAST MAIN STREET ASHLAND, OREGON 97520 (541) 482-3111 FAX (541) 488-4455 14.8 Further Use Restrictions. The use of each Lot or Living Unit may be further restricted by the Bylaws, and by the Rules and Regulations promulgated by the Board of Directors and the Architectural Review Committee, as the same shall apply. ARTICLE 15 GENERAL PROVISIONS 15.1 Enforcement. The Declarant, the Association, and the Members within the Property or any mortgagee on any Lot shall have the right to enforce all of the covenants, conditions, restrictions, reservations, easements, liens, and charges now or hereinafter imposed by any of the provisions of this Declaration as may appertain specifically to such parties or Members by any proceeding at law or in equity. Failure by the Declarant, the Association or by a Member or mortgagee to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of their right to do so thereafter. In the event suit or action is commenced to enforce the terms and provisions of this Declaration, the prevailing party shall be entitled to its attorney fees and costs in such suit or action to be fixed by the trial court, and in the event of an appeal, the cost of the appeal, together with reasonable attorney fees, to be set by the appellate court. In addition thereto, the Declarant or the Association shall be entitled to its reasonable attorney fees incurred in any enforcement activity taken to collect delinquent assessments, whether or not suit or action is filed. The same shall apply in any litigation brought by the Declarant, the Association, or a Member to enforce compliance with Rules and Regulations enacted by the Association. 15.2 Severability. Invalidation of anyone of these covenants or restrictions by judgment or court order shall not affect the other provisions hereof and the same shall remain in full force and effect. 15.3 Duration. The covenants and restrictions of this Declaration shall run with and bind the land for a term of 35 years from the date of this Declaration being recorded, after which time they shall be automatically extended for successive periods of 10 years, unless rescinded by a vote of at least 90% of the Members. Provided however, amendments which do not constitute rescission of the Planned Community maybe adopted as provided in Section 14.4 below. 15.4 Amendment. An amendment to this Declaration or to the recorded plat for the Planned Community may be proposed by a majority of the Board of Directors, or by at least 30% of all of the Members of the Planned Community. Except as otherwise provided herein, this Declaration or the recorded plat may be amended at any time by an instrument approved by not less than a majority of the total votes of Members that are eligible to vote. Except as may otherwise be provided in this Declaration or by the Act, this Declaration may be amended if such amendment is approved by the Owners of at least seventy-five percent (75%) of the Units. Except as otherwise provided in the Act, no amendment may change the size, location, allocation of undivided interest in the Common Property, method for determining liability for common Declaration -19- LAW OFFICES OF DAVIS, HEARN, SALADOFF, BRIDGES & VISSER A Professional Corporation 515 EAST MAIN STREET ASHLAND, OREGON 97520 (541)482-3111 FAX (541) 488-4455 ;;21,6 expenses, right to common income or voting rights of any Member, unless such amendment has been approved by the affected Members, and the holders of any Mortgages on such Member's Lot or Living Unit. For as long as Declarant owns any unsold Lots, the Bylaws, Rules and Regulations, and this Declaration may not be modified, added to, amended, or repealed so as to eliminate, change, or impair any rights, privileges, easements, licenses or exemptions granted therein or herein to Declarant or its designee, or otherwise adversely affect Declarant or such designee, without Declarant's or such designee's consent. Any amendment must be executed and certified on behalf of the Association by the president and secretary of the Association as being adopted in accordance with the Declaration and applicable law. It shall be acknowledged as for deeds and recorded as the Declaration is recorded. It shall be effective only upon recording. 15.5 Rights of Mortgagees. Any holder of a first mortgage or equivalent lien on any Lot and/or the improvements located thereon, upon written request to the Board of Directors of the Association, shall have the right to: (a) Receive timely written notice of meetings of the Association; (b) Receive timely written notice of any proposed abandonment, termination or contraction of this Planned Community; (c) Receive timely written notice of any material amendment of the Declaration or the Articles of Incorporation or Bylaws of the Association; (d) Receive timely written notice of any decision by the Association to terminate professional management and to assume self-management of the Property, if the Association previously has retained professional management services; and to inspect the financial records and similar documents of the Association at reasonable intervals during normal business hours; (e) Receive written notice of substantial damage or destruction of any Lot and/or the improvements thereon or the Common Property and/or any improvements thereon; and (f) Receive timely written notice of any condemnation or eminent domain proceeding affecting the Common Property or any portion thereof 15.6 Unilateral Amendment by Declarant. The Declarant may amend this Declaration in order to comply with the requirements of the Federal Housing Administration of the United States, the United States Department of Veterans Affairs, the Farmers Home Administration, the Federal National Mortgage Association, the Government National Mortgage Association, the Federal Home Mortgage Loan Corporation, any department, bureau, board, commission or agency of the United States or the State of Oregon, or any other state in which the Lots are marketed and sold, or the City and County in which the project is situated, or any corporation wholly owned, directly or indirectly, by the United States or the State of Oregon, or Declaration -20- LAW OFFICES OF DAVIS, HEARN, SALADOFF, BRIDGES & VISSER A Professional Corporation 515 EAST MAIN STREET ') ASHLAND, OREGON 97520 :;;<-. (541)482-3111 FAX (541) 488-4455 ,- I 7 such other state, the approval of which entity is required in order for it to insure, guarantee or provide financing in connection with the development of the Property and sale of Lots. Prior to the turnover meeting referred to in the Bylaws, no such amendment shall require notice to or approval by any Member. 15.7 HUDN A Financing. If any Lots are subject to financing through HUD or Federal V A programs, there shall be no annexation of additional properties, dedication of Common Property, or amendment of this Declaration without prior approval of said agency or until the initial meeting of the Association. IN WITNESS WHEREOF, the undersigned being the Declarant herein, has executed this instrument this _ day of ,20_. SAGE DEVELOPMENT, LLC: By: DEVIAN AGUIRRE, Member STATE OF OREGON ) ) ~ COUNTY OF JACKSON ) On this _ day of , 20_, personally appeared the above- named DEVIAN AGUIRRE, Sole Member of SAGE DEVELOPMENT, LLC, Declarant herein, and acknowledged the foregoing instrument to be a voluntary act. Before me: Notary Public for Oregon My Commission Expires: Declaration -21- LAW OFFICES OF DAVIS, HEARN. SALADOFF, BRIDGES & VISSER A Professional Corporation 515 EAST MAIN STREET ASHLAND, OREGON 97520 (541)482-3111 FAX (541)488-4455 ~)? EXHIBIT A Beginning at a point on the north line of Donation Land Claim No. 40 in Township 39 South, Range 1 East, of the Willamette Meridian in Jackson County, Oregon, said point being 929.3 feet East of the northwest comer of said Claim; thence East along said Claim line 444.97 feet; thence South 6000' West 329.81 feet to the north line of Otis Street in the City of Ashland, Oregon; thence West along the said street line 558.50 feet; thence North 328.0 feet, to the north line of said Claim; thence East along said Claim line 148.0 feet to the Point of Beginning. Account 10047551, Levy Code 5-01, Map 391 E04 BC 400 Declaration -22- LAW OFFICES OF DAVIS, HEARN, SALADOFF, BRIDGES & VrSSER A Professional Corporation 515 EAST MAIN STREET " J CiI ASHLAND, OREGON 97520 ot--/ (541)482-3111 FAX (541)488-4455 EXHIBIT B The Common Property, as depicted on the Official Plat for Helman Springs Homes, a Planned Community, recorded ,20_, as Plat No. Instrument No. in the official records of Jackson County, Oregon. Declaration -23- LAW OFFICES OF DAVIS, HEARN, SALADOFF, BRIDGES & VISSER A Professional Corporation 515 EAST MAIN STREET J,.. ,., r", ASHLAND, OREGON 97520 ,::A "J.. i_ (541)482-3111 FAX (541)488-4455 WETLAND MAINTENANCE SCHEDULE Addenda to Declaration of Covenants, Conditions and Restrictions for Helman Springs Subdivision Wetlands FOR: HELMAN SPRINGS SUBDIVISION Duties of the Association. The Association shall have the obligation and duties subject to and in accordance with this Declaration to do and perform the following acts for the benefit of its members and for the maintenance of Area A and B Open Space. (a) Area A Open Space of Helman Spring Subdivision consists of a large natural wetland with additional mitigated wetlands adjacent to it. The purpose of the wetlands maintenance program is to ensure the long term success and function of the existing natural and created wetlands on Area A. All maintenance established herein is the responsibility of the Association. A landscape maintenance firm shall be contracted by the Homeowners Association to perform maintenance as needed and as per schedule. Specific activities shall include; 1) semi annual trash and debris cleanup, 2) annual removal of selected non-desirable plant species, as determined by a wetland specialist or other qualified professional, to help satisfy the success criteria specified in the state approved created wetlands mitigation plan and, 3) periodic inspection of culverts, walls, etc, with an eye toward avoiding potential flow obstructions, capacity reducers, etc. All maintenance activities shall be documented to assist with the state required five-year monitoring repots. -, '" Wetland Maintenance Schedule For Helman Springs Subdivision Wetlands I J., ~ I SUPPLEMENTAL DECLARATION OF COVENANTS AND RESTRICTIONS FOR: HELMAN SPRINGS SUBDIVISION THIS DECLARATION made this _ day of Sage Development Incorporated. ,2007, by RECITALS 1. WHEREAS, Declarant is the owner of the real property described in the Exhibit "A" attached hereto and by this reference incorporated herein as the "Property", and desires to maintain wetland in accordance with the Permit Number approved by the Oregon Department of State Lands ("Department"); 2. WHEREAS, Declarant desires to provide for the preservation and enhancement of the wetland values of the property and for the maintenance and management of the Property and improvement thereon, and to this end desires to subject the Property to the covenants, restrictions, easements and other encumbrances hereinafter set forth, each and all of which is and are for the benefit of the Property. 3. WHEREAS, Declarant is recording this Deed Restriction as a supplement to another set of Covenants, Conditions, and Restrictions applicable to the Property. This supplementary Declaration is recorded only for the purposes of wetlands maintenance responsibilities in compliance with all applicable wetlands permits. NOW, THEREFORE, the Declarants declares that the Property shall be held, transferred, sold conveyed and occupied subject to the covenants, restrictions, easements and other encumbrances hereinafter set forth in this Declaration. ARTICLE 1 DEFINITIONS 1.1 "Declarations" shall mean the covenants, restriction, and all other provisions set forth in the Declaration of Covenants and Restrictions. 1.2 "Declarant" shall mean and refer to Sage Development Incorporated, its successors or aSSIgns. 1.3 "Removal fill permit" shall mean the final document approved by the Department that formally establishes the wetland mitigation and stipulates the terms and conditions of its construction, operation and long term management. 1.4 "Property" shall mean and refer to all real property subject to this Declaration, as more particularly set forth in Exhibit "A". The conservation area is identified on Exhibit B. ARTICLE 2 PROPERTY SUBJECT TO THIS DELCARA TION The real property which is and shall be held, transferred, sold, conveyed and occupied subject to this Declaration is located in Jackson County, Oregon and is more particularly described in Exhibit "A". Supplemental Declaration of Conditions; Covenants and Restrictions For Helman Springs Subdivision Wetlands 3 ~~,~. ARTICLE 3 GENERAL PLAN OF DEVELOPMENT Declarant currently manages the site for the purposes of wetland mitigation. Current management is in accordance with Permit Number ARTICLE 4 USE RESTRICTIONS AND MANAGEMENT RESPONSIBILITIES The property shall be used and managed for wetland mitigation purposes in accordance with Permit Number Attached as Exhibit C. Declarant and all users of the property are subject to any and all easements, covenants and restrictions of record affecting the property. ARTICLE 5 RESOLUTION OF DOCUMENT CONFLICTS In the event of any conflict between this Declaration and Permit Number shall control. the permit IN WITNESS WHEREOF, the undersigned being Declarant herein, has executed this instrument this _ day of , 2007 Sage Development Jackson County, Oregon By: Devian Aguirre STATE OF OREGON ) ) ss: County of Jackson ) This instrument was acknowledged before me on the _ day of , 2007 by the President of Sage Development Incorporated, Devian Aguirre in Jackson County, Oregon. Notary for State of Oregon My Commission Expires: Supplemental Declaration of Conditions; Covenants and Restrictions For Helman Springs Subdivision Wetlands 3 d~~ Supplemental Declaration of Conditions; Covenants and Restrictions For Helman Springs Subdivision Wetlands 3 ;; 'i t.t <,.; .) .ft BYLAWS OF HELMAN SPRINGS HOMES OWNERS ASSOCIATION AN OREGON NON-PROFIT CORPORATION ARTICLE I ASSOCIATION MEMBERSHIP 1. Definition of Terms. All definitions contained in the Declaration of Covenants, Conditions, and Restrictions for HELMAN SPRINGS HOMES, a Class I Planned Community, recorded herewith, shall be considered incorporated herein. 2. Membership. Every person or entity who is a record owner of a fee simple or life estate interest in any Lot within this Planned Community which is subject, by covenants of record, to assessment by the Association, and as defined in the Declaration, shall be a Member of the Association. The Declarant may become a Member through record ownership of the aforementioned estates. If due written notice is given by a contract seller or purchaser to the Association, the contract purchaser shall thereafter be deemed and considered a Member and solely entitled to notice and participation in the Association in such instance. No person holding an interest in a Lot solely as security for the performance of an obligation shall be entitled to membership. Membership shall be appurtenant to, and may not be separated from, ownership of any Lot which is subject to assessment by the Association. Ownership of such Lot shall be the sole qualification for membership. Membership shall automatically commence upon a person's acquisition of ownership and shall automatically terminate when such ownership shall terminate or be transferred. 3. Suspension of Membership. During any period in which a Member shall be in default of the payment of any regular or special assessment levied by the Association, as set forth below, the right of use of the Common Property by such Member may be suspended by the Board until such assessment has been paid. Such rights of a Member may also be suspended, after notice and hearing before the Board, for a period not exceeding 60 days, for each infraction of any Rule or Regulation which has been established and published by the Association concerning the use of the Common Property. Bylaws -1- LAW OFFICES OF DAVIS, HEARN, SALADOFF, BRIDGES & VISSER A Professional Corporation ,...".., r 515 EAST MAIN STREET d-. V\.;;J ASHLAND, OREGON 97520 (541) 482-3111 FAX (541) 488-4455 ARTICLE II POWERS OF THE ASSOCIATION 1. The purpose of the Association is to serve as a means through which the Members may take action with regard to the administration, management, and operation of the Planned Community. The Association shall have the following powers: a) Adopt and amend the Bylaws for the Association, and the Rules and Regulations governing the use of the Living Units and the Lots; b) Adopt and amend budgets for revenues, expenditures, and reserves, and collect assessments from Members for common expenses and reserve accounts; c) Hire and terminate managing agents and other employees, agents, and independent contractors; d) Defend against any claims, proceedings, or actions brought against it; e) Initiate or intervene in litigation or administrative proceedings in its own name and without joining the individual Members in the following: 1) Matters relating to the collection of assessments and the enforcement of governing documents; 2) Matters arising out of contracts to which the Association is a party; 3) Actions seeking equitable or other non-monetary relief regarding matters that affect the common interests of the Members, including but not limited to the abatement of nUisance; 4) Matters relating to or affecting Common Property, including but not limited to actions for damage, destruction, impairment, or loss of use of any Common Property; and 5) Any other matter to which the Association has standing under law or pursuant to the Declaration or Bylaws. f) Make contracts and incur liabilities; g) Property; Regulate the use, maintenance, repair, replacement, and modification of Common Bylaws -2- LAW OFFICES OF DAVIS, HEARN, SALADOFF, BRIDGES & VISSER A Prolessional Corporation .I> "i /. 515 EAST MAIN STREET ':.L ,...~, ASHLAND, OREGON 97520" . (541) 482-3111 FAX (541) 488-4455 h) Cause additional improvements to be made as a part of the Common Property; i) Acquire, hold, encumber, and convey in its own name any right, title, or interest to real or personal property, except as is otherwise provided in the Declaration; j) Property; Grant easements, leases, licenses, and concessions through and over the Common k) Modify or discontinue the use of any Common Property, regardless of whether the Common Property is mentioned in the Declaration, provided that: 1) Nothing in this paragraph is intended to limit the authority of the Association to seek approval of the modification, closure, removal, elimination, or discontinuance by the Members; and 2) Modification, closure, removal, elimination, or discontinuance, other than on a temporary basis, of any swimming pool, spa, or recreation or community building must be approved by at least a majority of Members voting on the matter at a meeting or by written ballot held in accordance with the Declaration or Bylaws. 1) Impose and receive any payments, fees, or charges for the use, rental, or operation of the Common Property and services provided to Members; m) Adopt rules regarding the termination of utility services paid for out of assessments of the Association and access to and use of recreational and service facilities available to Members and, after giving notice and an opportunity to be heard, terminate the rights of any Members to receive such benefits or services until the correction of any violation covered by such rule has occurred; n) Impose charges for late payment of assessments and reimbursement of attorney fees related to the collection of assessments and, after giving written notice and an opportunity to be heard, levy reasonable fines for violations of the Declaration, Bylaws, and Rules and Regulations if the charge imposed or the fine levied is based on a schedule contained in the Declaration or Bylaws, or an amendment to either that is delivered to each Member, mailed to the mailing address of each Member or mailed to the mailing addresses designated in writing by the Members, or based on a resolution ofthe Association or its Board of Directors that is delivered to each Member, mailed to the mailing address of each Member or mailed to the mailing addresses designated in writing by the Members; 0) Impose reasonable charges for the preparation and recordation of amendments to the Declaration; Bylaws -3- LAW OFFICES OF DAVIS, HEARN, SALADOFF, BRIDGES & VISSER A Professional Corporation "1 '21 515 EAST MAIN STREET c/"I V' ASHLAND, OREGON 97520 (541) 482-3111 FAX (541) 488-4455 p) Provide for the indemnification of its officers and the Board of Directors and maintain liability insurance for Directors and officers; q) Assign its right to future income, including the right to receive common expenses assessments; and r) Exercise any other powers necessary and proper for the administration and operation of the Association. 2. a) Before initiating litigation or an administrative proceeding in which the Association and a Member have an adversarial relationship, the party that intends to initiate litigation or an administrative proceeding shall offer to use any dispute resolution program available within Jackson County, Oregon that is in substantial compliance with the standards and guidelines adopted under ORS 36.175. The written offer to use such program must be hand- delivered or mailed by certified mail, return receipt requested, to the address, contained in the records of the Association, for the other party. b) If the party receiving the offer does not accept the offer within 10 days after receipt by written notice hand-delivered or mailed by certified mail, return receipt requested, to the address, contained in the records of the Association, for the other party, the initiating party may commence the litigation or the administrative proceeding. The notice of acceptance of the offer to participate in the program must contain the name, address, and telephone number of the body administering the dispute resolution program. c) If a qualified dispute resolution program exists within Jackson County, Oregon, and an offer to use the program is not made as required under paragraph a) of this subsection, litigation or an administrative proceeding may be stayed for 30 days upon a motion of the non- initiating party. If the litigation or administrative action is stayed under this paragraph, both parties shall participate in the dispute resolution process. d) Unless a stay has been granted under paragraph c) of this subsection, if the dispute resolution process is not completed within 30 days after receipt of the initial offer, the initiating party may commence litigation or an administrative proceeding without regard to whether the dispute resolution is completed. e) Once made, the decision of the court or administrative body arising from litigation or an administrative proceeding may not be set aside on the grounds that an offer to use a dispute resolution program was not made. f) The requirements of this subsection do not apply to circumstances in which irreparable harm to a party will occur due to delay or to litigation or an administrative proceeding initiated to collect assessments, other than assessments attributable to fines. Bylaws -4- LAW OFFICES OF DAVIS, HEARN. SALADOFF, BRIDGES & VISSER A Professional Corporation '> "" C 515 EAST MAiN STREET ",.f.., C ASHLAND, OREGON 97520 ' (541)482-3111 FAX (541)488-4455 ARTICLE III MEMBERSHIP MEETINGS 1. Initial/Turnover Meeting. Within 60 days of such time as the Declarant has conveyed 75% of the Lots to purchasers other than Declarant, the initial meeting of the Association shall be convened by the Declarant, for the purpose of turning over administrative responsibility of the Association to the Members. Each Member shall be notified of same as provided hereafter regarding annual meetings. At the initial meeting, the first order of business will be to elect the Board of Directors, which shall assume administrative responsibility immediately thereafter. The Declarant shall at that time provide the following to the newly elected Board: a) The original or a photocopy of the recorded Declaration, these Bylaws, and the Articles of Incorporation of the Association of the Planned Community and any supplements and amendments to the said Declaration, Articles, or Bylaws; b) A deed to the Common Property in the Planned Community, evidencing or providing for the transfer of the Common Property from the Declarant to the Association; c) The minute books, including all minutes, and other books and records of the Association and the Board of Directors; d) All Rules and Regulations adopted by the Declarant; e) Resignations of officers and members of the Board of Directors who are required to resign because ofthe expiration of any period of Declarant control; f) A report on the present financial position of the Association, consisting of a balance sheet and an income and expense statement for the 12-month period or a period following the recording of the Declaration, whichever period is less; g) All funds of the Association and control of the funds, including all bank records; h) All tangible personal property that is property of the Association, and an inventory of the property; i) Records of all property tax payments for the Common Property to be administered by the Association; j) Copies of any income tax returns filed by the Declarant in the name of the Association, and supporting records for the returns; Bylaws -5- LAW OFFICES OF DA VIS, HEARN, SALADOFF, BRIDGES & VISSER A Professional corporation, "" 1"\ "1 515 EAST MAIN STREET v< ..,.l" ASHLAND, OREGON 97520 (541)482-3111 FAX (541)488-4455 k) All bank signature cards; 1) An operating budget for the portion of the Planned Community turned over to Association administration and a reserve budget for replacement and maintenance of the Common Property; m) A copy of the following, if available: 1) The as-built architectural, structural, engineering, mechanical, electrical, and plumbing plans; 2) The original specifications, indicating all subsequent material changes; 3) The plans for underground site service, site grading, drainage, and landscaping together with cable television drawings, if any; 4) Any other plans and information relevant to future repair or maintenance of the Property; and 5) A list of the general contractor and the electrical, heating and plumbing subcontractors responsible for construction or installation of Common Property; n) Insurance policies; 0) Copies of any occupancy permits issued for the Planned Community; p) Any other permits issued by governmental bodies applicable to the Planned Community in force or issued within one year before the date on which the Association assume administrative responsibility; q) A list of any written warranties on the Common Property that are in effect and the names of the contractor, subcontractor or supplier who made the installation for which the warranty is in effect; r) A roster of Members and their addresses and telephone numbers, if known, as shown on the records of the Declarant; s) Leases of the Common Property and any other leases to which the Association is a party; t) Employment or service contracts in which the Association is one of the contracting parties or service contracts in which the Association or the Members have an Bylaws -6- LAW OFFICES OF DA VIS, HEARN. SALADOFF, BRIDGES & VISSER A Professional Corporation "'l ~,., 515 EAST MAIN STREET ....... -,'" ASHLAND, OREGON 97520 (541)482-3111 FAX (541) 488-4455 obligation or responsibility, directly or indirectly, to pay some or all of the fee or charge of the person performing the service; and u) Any other contracts to which the Association is a party. If the Declarant fails to convene the meeting within the time specified, the meeting may be called, and notice given, by any Member or first mortgagee of a Lot. Until the initial meeting of the Association, all affairs of the Planned Community shall be controlled by the Declarant. 2. Annual Meetings. The initiaVturnover meeting shall constitute the first annual meeting of the Members of the Association, and the Declarant shall preside. Future annual meetings shall be held on the anniversary date of the first annual meeting. At all future meetings of the Association, the president shall preside. 3. Special Meetings. Special meetings of the Members may be called by the president, by a majority of the Board, or upon written request of at least 30% of the Members. Notice of such meeting must be hand delivered or mailed to each Lot not less than 10 nor more than 50 days before the meeting. Business transacted at a special meeting shall be confined to the purposes stated in the notice. 4. Notice of Meetings. Written notice of each meeting of the Members shall be given by the secretary to each Member, by personally delivering, faxing, or mailing a copy of such notice, at least 10 days, but not more than 50 days, prior to such meeting to the Members' addresses or fax numbers last appearing on the books of the Association, or supplied by such Member to the Association for the purpose of this notice. Such notice shall specify the place, day, and hour of the meeting, and, in the case of the special meeting, the purpose of the meeting. It shall also state the items on the agenda, including the general nature of any proposed amendment to the Declaration or Bylaws, any budget changes, or any proposal to remove a Director or officer. Notices shall be similarly delivered to all mortgagees that have requested such notice and each may designate a representative to attend the meetings. 5. Votes and Proxies. At all meetings of Members, each Member may vote in person, by absentee ballot, or by proxy. All proxies shall be in writing, executed by the Member and dated and filed with the secretary. Every proxy shall be revocable and is deemed revoked one year from execution if not revoked before. Each Member shall be entitled to vote on the basis of one vote per Lot. If a Member holds title to more than one Lot, that Member shall possess more than one vote. An executor, administrator, guardian, or trustee may vote, in person or by proxy, at a meeting of the Association with respect to a Lot owned in a fiduciary capacity, so long as the secretary is satisfied as to the fiduciary's appointment. Co-owners of a Lot shall share one vote, and may vote or grant a proxy in the absence of protest by the other co-owner(s). Any disagreement between co-owners concerning the vote will either result in the vote being disregarded in its entirety, or a court may establish the authority of co-owners to vote. Bylaws -7- LAW OFFICES OF DAVIS, HEARN, SALADOFF, BRIDGES & VISSER A Professional Corporation "" ~ ! 515 EAST MAIN STREET /' ;j f ASHLAND, OREGON 97520 - , (541)482-3111 FAX (541)488-4455 6. Quorum; Binding Vote. The presence at the meeting of Members representing a majority of the votes of the membership, the use of proxies being permitted, shall constitute a quorum for any action except as otherwise provided in these Bylaws. In the event of a deadlock between the Members with respect to any matter to be decided by the Members, the Board will continue to act and operate the Planned Community in a manner consistent with the status quo prior to the submission of such matter to the Members and such matter must be submitted to arbitration in accordance with the Declaration. 8. Actions Taken Without Meeting. a) Any action that may be taken at any annual or special meeting of the Association may be taken without a meeting if the Association delivers a written ballot describing each proposed action to every Member that is entitled to vote on the matter. The Board must provide Members with at least 10 days' notice before written ballots are mailed or otherwise delivered. If, at least 3 days before written ballots are scheduled to be mailed or otherwise distributed, at least 20% of the Members petition the Board for secrecy, a written ballot must be accompanied by a secrecy envelope, a return identification envelope to be signed by the Member and instructions for marking and returning the ballot. Written ballots that are returned in secrecy envelopes may not be examined or counted before the deadline for returning ballots has passed. A written ballot shall set forth each proposed action and provide an opportunity to vote for or against each proposed action. b) Matters that may be voted on by written ballot shall be deemed approved or rejected as follows: 1) If approval of a proposed action otherwise would require a meeting at which a certain quorum must be present and at which a certain percentage of total votes cast is required to authorize the action, the proposal shall be deemed to be approved when the date for the return of ballots has passed, a quorum of Members has voted and the required percentage of approving votes has been received. Otherwise, the proposal shall be deemed to be rejected; 2) If approval of a proposed action otherwise would require a meeting at which a specified percentage of Members must authorize the action, the proposal shall be deemed to be approved when the percentage of total votes cast in favor of the proposal equals or exceeds such required percentage. The proposal shall be deemed to be rejected when the number of votes cast in opposition renders approval impossible or when both the date for return of ballots has passed and such required percentage has not been met. The votes may be counted from time to time before the final return date to determine whether the proposal has passed or failed by the votes already cast on the date they are counted. Bylaws -8- LAW OFFICES OF DAVIS, HEARN. SALADOFF, BRIDGES & VISSER A Professional Corporation " ~,...., 515 EAST MAIN STREET "^ :;;J ""- ASHLAND, OREGON 97520 (541) 482-3111 FAX (541) 488-4455 c) All solicitations for votes by written ballot shall state the following: 1) If approval of a proposal by written ballot requires that the total number of votes cast equal or exceed a certain quorum requirement, the number of responses needed to meet such quorum requirement; and 2) If approval of a proposal by written ballot requires that a certain percentage of total votes cast approve the proposal, the required percentage of total votes needed for approval. d) All solicitations for votes by written ballot shall specify the period during which the Association shall accept written ballots for counting, which period shall end on the earliest of the following dates: 1) If approval of a proposed action by written ballot requires that a certain percentage of the Members approve the proposal, the date on which the Association has received a sufficient number of approving ballots; 2) If approval of a proposed action by written ballot requires that a certain percentage of the Members approve the proposal, the date on which the Association has received a sufficient number of disapproving ballots to render approval impossible; or counted. 3) In all cases, the date certain on which all ballots must be returned to be e) A written ballot may not be revoked. 9. Robert's Rules of Order. a) Meetings of the Association shall be conducted according to the latest edition of Robert's Rules of Order published by the Robert's Rules Association. b) A decision of the Association may not be challenged because the appropriate rules of order were not used unless a person entitled to be heard was denied the right to be heard and raised an objection at the meeting in which the right to be heard was denied. c) A decision of the Association is deemed valid without regard to procedural errors related to the rules of order one year after the decision is made unless the error appears on the face of a written instrument memorializing the decision. Bylaws -9- LAW OFFICES OF DA VIS, HEARN, SALADOFF, BRIDGES & VISSER A Professional Corporation """!:J ~ 515 EAST MAIN STREET c;( :;;) .,;, ASHLAND, OREGON 97520 (541)482-3111 FAX (541)488-4455 ARTICLE IV BOARD OF DIRECTORS 1. Number. The affairs of this Association shall be managed by a Board consisting of at least three (3) Directors elected by the Members. 2. Election of Directors and Officers. At the first annual/turnover meeting, the Members, by majority vote, shall elect one Director for a term of one year, one Director for a term of two years, and at least one Director for a term of three years. At each annual meeting thereafter, the Members shall elect a Director to fill the position of any Director whose term has expired. Subsequent to the first annual meeting, each newly elected Director's term shall be of three year's duration. The Director elected to the one year term shall serve as president of the Association; the one to the two year term as treasurer; and, one Director elected to the three year term shall serve as secretary. Following the expiration of the Association's first fiscal year, the treasurer shall succeed to the presidency and the secretary to the treasurership. Thereafter, the Directors shall rotate among these offices in the above order. 3. Removal. Any Director may be removed from the Board, with or without cause, by a majority vote of the Members of the Association. No removal of a Director is effective unless the matter of removal is an item on the agenda and stated in the notice for the meeting. Any Director shall also be considered suspended from the directorship for such period of time as that Director's Association membership is suspended pursuant to Article I above. In the event of the death, resignation, suspension, or removal of a Director, his or her successor shall be elected by the Association membership, and shall serve for the unexpired term of the parting Director. 4. Compensation. No Director shall receive compensation for any service rendered to the Association as a Director. However, any Director shall be reimbursed for actual expenses incurred in the performance of duties. 5. Qualification. To qualify for participation on the Board, each Director shall be a Member in good standing of the Association and shall be current in his or her assessment payments account. There are no restrictions upon a Director's re-election. 6. Duties. Duties of the specific officers of the Board are as follows: a) President: The president shall preside at all meetings of the Board; shall see that orders and resolutions of the Board are carried out; shall as circumstances require, sign all leases, mortgages, deeds, contracts, instruments of conveyance, or any other written instruments pursuant to the instructions of the Board; and shall perform such duties of the other Directors as circumstances may require from time to time. Bylaws -10- LAW OFFICES OF DA VIS, HEARN, SALADOFF, BRIDGES & VISSER A Prolessional Corporation ~..,,' 515 EAST MAIN STREET ~ A "of' ASHLAND, OREGON 97520 ' .' (541)482-3111 FAX (541) 488-4455 b) Secretary: The secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board and of the Members; serve notice of meetings of the Board and of the Members; keep current records showing the membership of the Association, together with addresses; perform such other duties as required by the Board; and serve as president of the Association in the event of the president's absence or incapacity, pending the election of a Successor. c) Treasurer: The treasurer shall receive and deposit, in appropriate bank accounts, all moneys of the Association, and shall disburse such funds as directed by resolution of the Board; shall sign all checks and promissory notes of the Association; shall keep proper books of account; and shall prepare an annual budget and statement of income and expenditures to be presented to the membership at its regular meetings. ARTICLE V DlRECTORS'MEETINGS 1. Regular Meetings. Regular meetings of the Board shall be held monthly or, at the election of the Directors, quarterly, and shall be held at such place, date, and hour as may be fixed from time to time by resolution of the Board. In order to meet in executive session (without Members present) the Board shall first vote in an open meeting whether to meet as such, except in the case of an emergency. If the Board votes to meet in executive session, the president shall state the nature of the action to be considered and, as precisely as possible, when and under what circumstances the deliberations can be disclosed to Members. All other meetings of the Board of Directors shall be open to all Members of the Association. Executive session shall be appropriate for the following: a) Consultation with legal counsel concerning the rights and duties of the Association regarding existing or potential litigation or criminal matters; b) Personnel matters, including salary negotiations, and employee discipline; and c) The negotiation of contracts with third parties. 2. Emergency Meetings. Emergency meetings of the Board shall be held when called by the president, or by any two Directors. The meeting and notice requirements in this section may not be circumvented by chance or social meetings or by any other means. 3. Quorum. A majority of the Board shall constitute a quorum for the transaction of business. Every act done, or decision made, by a majority of the Directors present at a duly held meeting at which a quorum is present shall be regarded as the act of the Board. Bylaws -11- LAW OFFICES OF DAVIS, HEARN, SALADOFF, BRIDGES & VISSER A Professional Corporation " ~ S- 515 EAST MAIN STREET c;A :;:) ASHLAND, OREGON 97520 (541)482-3111 FAX (541)488-4455 4. Notice. For other than emergency meetings, notice of meetings of the Board shall be provided to all Members. Such delivery may be by hand delivery or by fax no less than three days prior to each meeting, or may be made by regular mail no less than five days prior to each meeting. Emergency meetings of the Board may be held only with actual notice to each Director and may be conducted by telephonic communication. For all emergency meetings held without notice to the Members, the reason for the emergency must be stated in the minutes of the meeting. The Board shall maintain a current mailing list of all Members. 5. Robert's Rules of Order. a) Meetings of the Board of Directors shall be conducted according to the latest edition of Robert's Rules of Order published by the Robert's Rules Association. b) A decision of the Board of Directors may not be challenged because the appropriate rules of order were not used unless a person entitled to be heard was denied the right to be heard and raised an objection at the meeting in which the right to be heard was denied. c) A decision of the Board of Directors is deemed valid without regard to procedural errors related to the rules of order one year after the decision is made unless the error appears on the face of a written instrument memorializing the decision. ARTICLE VI POWERS AND DUTIES OF THE BOARD OF DIRECTORS 1. Powers. The Board shall have power to: a) Recommend to the membership at annual or special meetings administrative Rules and Regulations governing the details of the maintenance, operation, and use of the Lots and Common Property. Said Rules and Regulations shall be adopted by majority vote of the Members, the use of proxies being allowed, and amended in similar fashion. Once adopted, said Rules and Regulations shall be published and distributed to all Members. b) Exercise all powers, duties, and authority not reserved to the membership by other provisions of these Bylaws, so that Association business and affairs may be effectively managed on a daily basis, always exercising the care required of fiduciaries. c) Employ such person, persons, or corporations as it may deem necessary for the proper administration, management, and maintenance of the Common Property and affairs of the Association, as well as to obligate the Association to reasonable compensation for same. Any such contract shall provide for termination upon 30 days written notice, with or without cause, and shall not be for a term in excess of three years. Bylaws -12- LAW OFFICES OF DAVIS, HEARN, SALADOFF, BRIDGES & VISSER A Professional Corporation ".....,l 515 EAST MAIN STREET c:;.. j (;, ASHLAND, OREGON 97520 . (541)482-3111 FAX (541)488-4455 d) Borrow money for Association purposes, and on behalf of the Association, provided that such liability shall not exceed twice the Association's monthly assessment income unless the Board has first obtained the approval of75% percent of the Association membership either at a special meeting convened for that purpose, or at a quarterly meeting. 2. Duties. It shall be the duty of the Board to: a) Cause to be compiled a record of all acts of the Board and Association affairs, and to present a statement thereof to the Members at the annual meetings of the membership; b) Supervise all officers, agents, and employees of this Association, and to see that their duties are properly performed; c) Within 90 days after the end of the fiscal year, distribute to each Member, and to each mortgagee upon written request, a copy of an annual financial statement consisting of a balance sheet and income and expense statement for the preceding fiscal year, as well as the current operating budget. Additionally, the Board shall timely prepare or have prepared all necessary income tax returns for the Association. d) As more fully provided herein, adopt an annual budget and fix the amount of the regular Lot assessment at least 30 days in advance of the close of the Association's fiscal year. Written notice of the budget and regular Lot assessment shall be sent by regular mail to every Member at least 30 days in advance of the close of the Association's fiscal year. e) Issue, upon demand of any Member, secured party, or bona fide purchaser, a certificate setting forth the state of the Member's assessment account. A reasonable charge may be made by the Board for the issuance of these certificates. If a certificate states an assessment has been paid, such certificate shall be conclusive evidence of such payment; f) Upon written request of a prospective purchaser, make available for examination and duplication, the most recent financial statement and current operating budget of the Association; g) Cause all officers or employees having fiscal responsibilities to be bonded, as it may deem appropriate; h) Maintain all Common Property in a clean and orderly state, repair or replace Common Property as it deems appropriate, and correct any dangerous conditions which may be discovered upon the premises. The Board shall be responsible for payment of the expenses incurred thereby and may delegate such authority to the treasurer who, in such event, shall submit payment vouchers for the Board's ratification at each regular meeting; Bylaws -13- LAW OFFICES OF DAVIS, HEARN, SALADOFF, BRIDGES & VISSER A Professional Corporation ,,~ 1 515 EAST MAIN STREET cr. ::;) ASHLAND, OREGON 97520 (541) 482-3111 FAX (541) 488-4455 i) Enforce, among the Members and the Association in general, any and all restrictive covenants to which the Members and the Association may be lawfully subject; j) Furnish a copy of the Statement of Planned Community Information, ifany, created in accordance with ORS 94.667, within 14 days after receiving a written request from a Member, the Declarant or a prospective purchaser. k) File an Annual Report with the office of the Oregon Secretary of State Corporation Division, and pay such fees as are required for the maintenance of the COrporate filing of the Association Articles of Incorporation. 3. Insurance. At least annually, the Board shall review the insurance coverage of the Association. The Board shall procure insurance for all insurable improvements in the Common Property against loss or damage by fire or other hazards, including extended coverage, vandalism and malicious mischief The insurance shall cover the full replacement costs of any repair or reconstruction in the event of damage or destruction from any such hazard if the insurance is available at reasonable cost, as well as a public liability policy covering all Common Property and all damage or injury caused by the negligence of the Association. Premiums shall be a common expense of the Association and the policy may contain a reasonable deductible and the amount thereof shall be added to the face amount of the policy in determining whether the insurance equals at least the full replacement cost. Each Member must maintain the equivalent insurances respecting that Member's property from the point at which it bears improvements. The insurance maintained by the Association shall not be brought into contribution with insurance policies purchased by Members or their mortgagees. The Board shall obtain, if reasonably available, insurance policies which provide for a waiver of subrogation by the insurer as to any claims against the Board or any Member or guest of a Member. The policies shall also contain a waiver by the insurer of its right to repair and reconstruct instead of paying cash. The policies shall further provide that they shall not be canceled, invalidated or suspended because of any action of a Member or of a Director, officer or employee of the Association unless the insurer gives the Association a prior written demand that the Association correct the defect and allow the Association a reasonable time to make the correction. Further, any "other insurance" clause in any policy shall exclude from its coverage all Members' policies. ARTICLE VII COLLECTION OF ASSESSMENTS 1. Payment of Regular Monthly Assessments. Regular monthly Association assessments shall become due and payable on the first day of each month. In the event of nonpayment by the 10th day of each month, the treasurer shall notify each Member of that Member's failure to remit the assessment to the treasurer. Such notification shall be written and delivered personally to the Member or mailed or faxed to same at the address to which notices of meetings are mailed. Bylaws -14- LAW OFFICES OF DAVIS. HEARN, SALADOFF, BRIDGES & VISSER A Professional Corporation ') ~, C ' 515 EAST MAIN STREET ~ :J a ASHLAND, OREGON 97520 (541) 482-3111 FAX (541) 488-4455 2. Request for Accounting. At the request of any Member, the Association shall provide a written statement of the Member's account within 10 business days of receipt of the request. The statement shall provide amount of assessments due and unpaid, interest rate on assessments unpaid and late payment charges accruing. The Association need not comply with such a request if it has commenced litigation against the Member, and such litigation is pending when the statement is due. 3. Special Assessments. Special assessments as assessed by the Board shall be paid and collected in a manner specified by the Board at the time the assessment is made. 4. Default. Failure by a Member to pay any assessment of the Association shall be a default by such Member of his or her obligations pursuant to these Bylaws and the Oregon Planned Community Act. In addition to the interest which may be charged on delinquent assessments, the Board, at its option, may impose a late charge penalty in respect to any monthly assessment not paid within 10 days from the due date. Such penalty may not exceed the sum of 10% of the monthly assessment. The Association shall be entitled to a lien which may be enforced upon compliance with the provisions of the Oregon Planned Community Act. In any foreclosure suit by the Association with respect to such lien, the Association shall be entitled to the appointment of a receiver if the Member is generating rent from the Unit. 5. Attorney Fees. Members shall be obliged to pay reasonable fees and costs including, but not limited to, attorney fees incurred in connection with efforts to collect from that Member, any delinquent unpaid assessments. In the event suit or action is commenced by the Directors for the collection of any amounts due pursuant to these Bylaws or for the enforcement of any provisions of the Declaration, Bylaws or of the Oregon Planned Community Act, the Member or Members, jointly and severally, shall, in addition to all other obligations, pay the costs of such suit or action, including reasonable attorney fees to be fixed by the trial court and, in the event of an appeal, the cost of the appeal, together with reasonable attorney fees in the appellate court to be fixed by such court. ARTICLE VIII BOOKS AND RECORDS The books, records, and papers of the Association shall at all times be retained within the state of Oregon, and shall be subject to inspection and duplication by any Member or mortgagee during reasonable business hours. The Declaration, Articles of Incorporation, Rules and Regulations, and these Bylaws, along with all amendments or supplements thereto, shall be available for inspection and duplication by Members, mortgagees, or prospective purchasers at the principal office of the Association, and copies may be purchased at a reasonable cost. In particular, the Association shall maintain a copy of the most recent financial statement, and the current operating budget. Bylaws -15- LAW OFFICES OF DAVIS, HEARN, SALADOFF, BRIDGES & VISSER A Professional Corporation ,., ~ c;:!1 515 EAST MAIN STREET 0< :::J ASHLAND, OREGON 97520 (541)482-3111 FAX (541)488-4455 ARTICLE IX AMENDMENTS Amendments to these Bylaws may be proposed by a majority of the Board or by at least 30% of the Members of the Planned Community. The Bylaws may be amended, at annual or special meetings of the Members, by an affirmative vote of not less than a majority of all Members, in person, by proxy, or by written ballot. Any such amendment shall not be effective until a copy of the Bylaws as amended, or the amendment thereto, certified by the president and secretary of the Association as having been adopted in accordance with the Bylaws and applicable law, is recorded in the official records of Jackson County, Oregon. CERTIFlCA TION The undersigned does hereby certify that the undersigned is the Declarant of HELMAN SPRINGS HOMES, a Class I Planned Community, and that the foregoing Bylaws constitute the original Bylaws of HELMAN SPRINGS HOMES OWNERS ASSOCIA nON. SAGE DEVELOPMENT, LLC: By: DEVIAN AGUIRRE, Member STATE OF OREGON ) ) ~ COUNTY OF JACKSON ) On this - day of , 20_, personally appeared the above- named DEVIAN AGUIRRE, Member of SAGE DEVELOPMENT, LLC, Declarant herein, and acknowledged the foregoing instrument to be a voluntary act. Before me: Notary Public for Oregon My Commission Expires: Bylaws -16- LAW OFFICES OF DAVIS, HEARN, SALADOFF, BRIDGES & VISSER A Professional Corporation ", J J i"~_' 515 EAST MAIN STREET G>"( -r _ ASHLAND, OREGON 97520 (541) 482-3111 FAX (541) 488-4455 ~ ::;: :-'\) -'\) ~Q1 C;1 C;1 ""..... ~ ~ <1>' "'g. :;;:Cl 'P2J <1> ~ ~~ ~~ ~tU' ~ 1il" -:>,; ~ ;;? '" - ~ ;;? ~..... " ~~ ~ ~ E >>- '>. " ""- ~ I ~ c... S. <0," <a "'~ ~ <;;:" ~g. -::::;: :5' f "- ))'" ~ ~ <1> ,'" .g> "''\) ..... ;::I~ ~ '" ~ ft <:> ~ iH S~ C3 ~ ....'0 '" ~ ;; ~1l s. '" ~ ~:::j 'f:. o,--- g:Q) "'o, S. ...... I " -g(;l o, <1> "" ~ :>.. ~ " g ""''>. S. .... ;E ~ ~ fit ~m. fu t:J ~ ~ ?c-~ _tU g' Cd ~ ~ :>.. ~ ~ '" ~g. <il'~ ~ ~ ~ Q. ~~ ~ :>.. ~ ~~ <1> a --- ~ I .lg ~ o, <1> C;- "- ~ co fu ;;r Q:q- ~ <1> 50 ~ '" ill <:: ~ s- g. ~ A <il' 0., 2. '" '4 fi} ",. .lg ::::! I -o, '" <1> tij ~' :s' o, is. - o, ,,'" 'to> fu ~ .lg ~ i:tco- g. s;: ill fu ~ f}il!' ~ <1> ~ o, 03 ,y ill '" ~~ ~ '" "" l <il' ~. 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I --'- -A4 ~ : : :-.....-.--- . ~ I I 'b r;t: t 6 I ~ I ~ ! ! I L_~____ L_,_____L__ . --- ___IA UBJ;L _ _ -, STRIiEr_ _ -- --- ------- --- __1_ _ L ____ _ ___ j 1\ r;:"'::J::J()~~~<::i,,",,<n~G; ~~~n~~<::>!~~~~Q~ }?~~C)~~5~~~~~~~; :!1,.,~~<;) "'c) "'~~<;),," i'i:!1"'~~ ~ '" ~~8 ~"-1 ~ ~ ()Q)~ ~ ~ ~ :0 <n '" '" :0 '" C! ~ ~ ~ 5 i'1 ~ :S~~ ~~;:gNJ!'::r: H '" ~"'~ "'''' . ~" ~H()~~~~~~;gU~~ M~r-"'tJ~:2:rt-,3;~:tOja~-~ =tj;o~a:t:~~~~j'i25~6~~ '$;: lr)""'1 :tIr-::!J::tla ::Or-:t:i:; ~~a(j~t:::J~""<"'<I'~~t?} ~~~~~ ~~~~~ ~ ~~~ n, ~ r;: ~ <: M ~ ~ ~ ~ <::> -, I , I , I -u-l , , I --f I , I , , I I _ _ _ ---.J I I I I I ---~ ! I I la' I i~1 ~>--J ' "Z{.LOJy ! S:lt'~er-1 :i ! I , 'v} ! ~ ! ~I I ,"-31 : II' I i I II 011 11 5 \)11 "-1 I~:\ "-' j~-\--- ~IJ VI ~:: ~ 8 "I I '!? , ~II ~ '" lrJl I r;:: ~II U) ~-~--- -"1 \;! ~ 11 U) 0 :: ~ ~ 11 '" II -, [7 r- o -, '" ___-.J DRAGER ------ STREET ------, I I I ---I I I , I _ __ -.J I I I I I I __ _ _ _.1. I I I I I I I ~ o -, o ~ <0 1 I I I I I : 1 ------r.~ ! ~ I >1 I I I ~ S; '" 'J ~ o -, '" I , I , I , I ~ i I , cb I 'i3 , I , ) I I I ~ I 0 I -, : in I -I..... q, [?> ..J I :<J - '\1-- ~ ~ : .. i::: , 0 '" "' 'b o ~ ~ I , I , ----\-~/ ib r---~ I 0; ::; "' 'bC) 00 "i::: >Ji::: ~~ ti 5t -" v>'" -<x ;u- ~~ ~z cO) ~~ o r 0; "'''' ",x ~v; 0-< "'z tic) '" L ___J -r -- - - - -- --- - ----- -- --- ---- --- -------l ---- , '< ~ il ~ PJ ~ ~ ~ I ,. ] o ~ CJ :0 C) o '" U) ~ <::: (') '" o '" il il ~ :0 il e ~ ~ ~ PJ i::: ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~~,~~~ I I I ~ Cl ~ :0 ,. <::> ~ :0 _ ~ ~ ~ <::: '" r;: I .c;. VI <:: ~ <:: QBQ~~<::> ~ ,. ~:to ~ ~ <;):<: ~, , ~ ~ ~ ~ ,. ~ Q ,e: ~ ,~ ~~ ~~ui '" ~ ~ ~ , I I 1 I I 1 , I n--- , I I I I , , Hu- I I 1 I I 1 I , I I I , I r------ I , I , 1.-- , I I , f----- / ( > ~ = o ~ o 00 tfj ~tfj ~ >Ot'""4= ~~Otfj ~=~OO 00~>1-I 0\41 1-3 ~ Zl-3trjtfj ~>~Z O><I-I~ ~ Z> 2t"""4..t"""4 ~~ 00 -:< ~ O~ = ~g ~ ~ < ~ 1-1 o ~ Z 0 Z > 00 == t-'I >~ Z\O ~.... I ~ .-- a -. ~M p c; ~ "" Q~ ~ '" ~ a' ;::; 2+52.43, 12.5' LT., EVC '" .".-- a T.C.= 178914 -;-; ",,,, Y> ,. ~'" " ~ ~g (;) "'~ :::: '" '"' '" ~ i!i ~ '" ~ TOP OF CURB 125' RT l;)()::O() 8~~~ ~~~~ ::tV1~C: ~~~" ~:::!\;-' r-o~~ t'l<:QI"') ~a~2 ~~I~ '" ~i:: 8~~ "'.-- !Jr-~ ~~'" 8:::!~ ~~~ ~~~ ~~~ ~V1r- Il> CENTERLINE TOP OF CURB - 12.5' LT. Cll "" Cll C> ex; o, Cll "" Cll o, Cll a Cll "" Cll o, 5.0. \ \ I I C> i- g EXIST. IIIV 111= 1779.8Jc NEW INII IN= 1779.80 0+1766, 32.44' RT.,.BCR T.C = 1783.74 L 0+ 12.00 BEGIN NEW AC PAVEM[NT MATCH EX'ST. AC F.G.=1783.63x r .... 0+37.66, 12.5' RT., ECR T C ..;:.; 1784 45 0+37.8.'L-'-LJ':.JT., BCR TC.....178445 CJ -0 !\i " ~ \ \ \ \ \ \ \ \ \ I I \ 1+52.43, BVC FG.=1787.84 Cl ;u o c z o ~ C) ;u o c z o I () '" z -; '" ;u r Z '" 1+5243, 12.5' RT., BVC T.C.=1787.89 0+ /J.87 (ALL[Y STA), \ 4.5' RT. S.O. MH 12 \ \ \ \\ :z:! 1\1+79.17 ORAG[R -0 ~~ I I STREET = 0+00 ALLfY ~ ~ -0 -0 I F G.= 1788.52 _ PJ '" ~ ~ I I 2+02.4J ~~~~~ 1 Q II II ~r- I F G = 1788.90 ,; _ "," ~ I ("')~..... It II I ~~"'-I ~-l:..i-~ ..l..4~();i I ~~I I \ \ \ 2+52.43, EVC \ F.G.= 1789.09 I I '" i- a C> \ I I I I I \ I I I I 2+52.43, 12.5' RT., EVC T C. = 1789.14 I \ I I I I I I I I I I I I I ECR I C> .... CF) ~i ~ ~~ tr1 ~t1i ..., , '" '" i- C> a '3+40, 12.5' RT., MArCH LlN[ I T C = 1788.70 ~~';: '"'''' - i!" ~ .--,",,,, I!'> a'" ~~~ ~~ a i% ~ ",' :~~ - ~ "'" ou. ~~ ~." "'0 0'" '" -I ~ ~y, "" :z:'" 00 ~ " <J:::Olt}O ~~~:': ~~~~ c:: ;to, "'" . -'~'" ~~-'! "" '" i::tu :-"I ~~ ~ -. o ~ If> o '" x Vi :-< ~ \Q o <: ~~;' '"'''' - ~ ~ ,--,",o, ,'-" 0"'. ~~ t;; ,,'" ~r-c.: (;;':1 ~. ;-t~:-l "'- ~ p ~ ~ <: ~ :b. '" ~ N -"; - -R/W -R/W ---------~- OW" -::.iJ..".,-- -w--- ----w-- -w~ STREET -- SD- - 50- ': ~O M ! ~ :-tl o~ 8~ o~ ~ ~ ~\j ~ ~ ~ :::J;5 ~ ~\ Q ~ I r;; \ i ~~ \ I , f< ~ \ ~~ ~ ~ 't '" 0i1 8 " ~ \ t:3 " ___~_ ___I '" i:> 0 ~ '" '" u; '" '" ~ i- '" 0 I M '" '" Cj I ~ 1+7 0 J+oo - --+-- - -~ "'''' :ti- ~~ ""~ CJ :t .-- ~ , ~ :g 'i.l .-- .-- \~ '" " ." <0 u; '" ~ '" i- t: ~ c- o "' o, <OCo"l.,I\,)......~ ~ :'1:-,,~:-r.~:'1:'1~:-r..:'1(")('")()t::l gg~gggggggr-r-f-~ . . . . . . . . . . 0 3+40. MATCH LlN[ F.G.~ 1788.65 3+40, 125' LT., MArCH L!N[ T.C ~ 1788.70 ~l\,)o;~<o::t~I\,)t\)~a~~ . 9tO.....Pu,.....\Q99~~_t:l ~~~~~~~~gg~t~~ ex; '" " '" '" C>; "" ~ ~ '" ex; "" ex; o, TOP OF CURB - 12.5' RT. CENTERLlN[ TOP OF CURB - 125' LT ~ '" ~~~~~~~~~~~t~~~ ~~g~~::l;~~~::~~~~ ~ q~~~~~~d~~5~clt'l~ 8t;......CQ~~~~~~Q)~03..~ ti ...~ ~ .... ....... ti ~ ~ ..... ui ..... -.." ~ ~ o. '1 I~c; ~ I I~"". -. ~ . -1\)-l".l.,......I\JJ\:l.............('J ~~~~~~~~E~~:~~ Co... <00 "P\il.,..P\J....t\J. 1Ot::;l ~~~~2g~~~t~g~2 d<";dl\i":<";":",d",~L,;",?6 C.....Oll.O....ln<QCQ.......lQlQc.",.l::) c) c:i ,,; 1\:; c:i ..... c:i c:5 In" vi 1\.)" t..i t\i OC:l"OO'l-l..!....~"OI\)IO~ ~<>l~~<>l<>lr>1<>l~~~<>l<>l'"' ::r:: rTJ r $: (j :;0 ,'") rrl Z :n rrl lJ> !i! ::;: rn "- }> 0 en -; ,- "- r.' IT' 0 0 '. '-J }> < --j "' rrl , m "- -0' i,l , 0 '" -(., ,~ "- N 3 0 '-... (1) " ;:!. GJ G~ '-... ~~ N l/) 0 :r: '" 0 l\J fTl ~~ --..j ~ ~ 6~ '" " '" '" ~~~2? ~~t~~~ :-rt""il)O "icu~"'-1:: ~oC)d~ - \)It) - ~~~f;1~:o ~~(;j" ~.~ ~ ~CbC) r." .to ;j~ _: f!I:g~ ~~~ ~ "'l' ~,.. ~~ " " ~ l "'" 0' <:0 <:' ",!'> 'L ",," 0' ,.. ~;-i (;j " Q: '" Q: ... ~ '" ~f) !': "' o ;. '" o 0-96. 11.6' liT CONNECT TO EXISTING 8" WATER / B" TAPPING SLeEVE, 8" TAPPING l,.~L\/E, THRUST BLOCK. SAMPLE TREE. TEMPORAHY BLOWOFF POINT 0-00.6, 1.5' LT. EXIST. 5.5. M.H. RIM= 1784.02 INV OUI=11Itl.4lot NEW INV IN~ 1778.62 I \Ii J--- 1_ -R/W --- -R/W ~ \ \ \ \ \ <) + '" 0 c a \ z a 0 \ ~ \ ?S r'1 \ '" r Z r'1 I I \ ~ \ <> \ ~ 1+14.20, 4.6' LT. \ 5.5. MH #1 ~ RIM= 1188.21 tt, INV IN= 17 2.26 '" /NV nUT=17R? OR <> I \ ~ I '" ~ I ;. .. a <> ~ a I :::;;; I .... Cf) ~i ~ I ~~ tr, I j!t"rj 1 ...., \ I \ a '" .. I in I '" ,.. :., I ~ '" '" 0 '" 0 ;. ~ a a '" ~ " '" " '" 00 Q: '" "' ~~ '" OJ a "' 0 ~ " -f>. '=; "," ~ m "' Cil Cil ~ ~ 2 0 ~ " a .. '" ~ ;li " 'D ~ ~ '" w- -w- ~ '1'" ~:t --z----=- --=-SS.= "" ,." ~.'J ~- ~~ ,,'U ,~ - \:" N ! I I ~ ~I i! " 6 " " , ~ ... t " ~ " ~I " ~l ,.. ;., Cf) \ \; ~ ~ g~ '" ....., II' \ t>t ~ ~ -w~ -w- -w~ -w~ -w- --w- -----w.-~ -w- -w- \ -~ I I'. STREET \ --55- SS ss---. &6 ~S-----i$-- ~ ~ []]]]CB ------- \ ~ ~-\., '" \ \ "") 00 \ \ ." '" \ ~~ 'I}, :< <: 5 1€9 \ <J ..., ::; \ \ , [?> '" '" ~ I- I I ~ -...--- 11+00~, ...J8~)_W.~"'\s_ ~ '" 5 \ 'U''> t ~~ <0 ..., 1+264 SSL ,.. '" ,;, 0 \ a" to ..., 8Y1 '" \ ;; ~ ;. '" '" '" '" .. I \ CJ ,.. " :' VI l \ ~ -- - - - -.,. '" 10' P.UE. \ / - ~ I a- ;.;. 8~ e ,.- ,..'J I ~~ ~~ "'" ~- -T S~ a q~ _Ol~ ~ ~~ I VJ '" " in '" 'iJ <:VJ I ;. <>};! ;;:; '" ,.. f:l ~~ P ,.. ~ ..., '" '" I- e" " ~<: I '" VJ '" " I~ I Roo;? "; ~ ~ a ,'" C) ,- I r'" '1 C) ~ '" ~i ~ VJ ~ ,. "; ..., f:l "..." '" c; =<; ~ <0 '" c:: " ii VJ "" '0 '" '" ...,,,, ~ M1 PJ " ~~ f:l '" ~ '" ~ ~ ~' ~'U f:l " " ..., ~ ~ n ;U r'l Z "'M r'l ....., ~ f' 'f J> {) , 0 c: J> <:~~ -1 r'l f'" ,;-' :. " ~ 0 N :J ....... ill :l G-' .... ~g ....... N 'l!~ 0 "," 0 \2" -...j ~~ GJ '" ~~ TOP OF CURB - 12.5' RT CENTERLINE cil ;;; cil cil ;;; <0 ~ '" '" .... '" , 3+40. 12.5' RT., MATCr! liNt 3+40, MATCr! LINE I T C. ~ 1 788.70 F. G. ~ 1788.65 I ~ J ~ I I 3+7608, 125' RT. BVC 3+76.08, BVC T C. = 1788.52 1 F.G.= 1788.47 \ \ \ \ ) I J \ 4+2608 F G.~ 1788.59 4+7608, 125' Ri. EVC T C. = 1789.52 ) I I \ \ \ 4+7608, EVC ) F.G. ~ 1789.47 '" oj. c;, c;, 4+87.27. 9.5' RT. S.O MH /3 R1M= 1789 46 INV 1."1= 1785 79 JNV ()/JT= 17R,r).S9 ~ I \ I I I .. \ \ \ \ \ I, I \ \ \ .., ~ ~ ~ o c: ~ <3 -" 'ii ') ~ Q) oj. 8 ;;:; i." "tJ .... ,',' Cf} ~~ ~ ~I ~ i>tr1 ...., I , o '" 6+50.67, 1;:.5' RT S. O. C.I. #3 INV 1."1-1788.95 INV OUT = 1788. 75 6+7317.32.51' RT.. ECR T C ~ 1794 90 o~ ~ ~ ~ -"~~oi:O a~ ~:d3~ ""'1~....<:C) tr)l;'jaC'l ~. ~O~ ~~~Y1~ ~~~~~ ~I"l) II ( Ctl~~ M~ 'l! ~ \ '--- \ '= ~c:=r--<2+. 95.2.8, 13.87' RT. ----.- S.D. Mr!. /4 .'?/M= 1794.8 ~t;. ,WV IN=1790.21 . !NV OUT = 1 789. 22 @'>, !'>O ",'I " <:;; ~ '" ~ '" cil '" TOP OF CURB - 12.5'.'?T. ;;0 fTl Z fTl '" 0 ;:;:: " ,. )> CD -I .- " P' 0 CJ " )> [? ---I ~ ~: fTl ~ 0> " N 2 0 '-..... " ~ '" LN !;; 'l! '-..... 'U ~ N M 0 0 ~ 0 ~ ~ .. ---J ~ TOP OF CU.'?B - 12.5' U cil .... cil '" 'J <0 '" 3+40, 12.5' LT., MATCr! LlN[ TC. = 1788.70 , I \ 3+76.08, 12.5' LT, BVC T.C.=1788.52 r-r- 00 -"-",,,., ""~~ n,Vl......~ o ~i.!~-l !=)" Vl!'1 o. U 11 ~~ ~ ~t 11 II ~~~- ~~~~ 0lt 3+92.7, 12.5' LT. SO. C.I. #2 T.C. 1788.48 \ INV OUT= 1786.07 \ \ ) I I I \ I \ '\ ::J 0 ~ 'l! " <> ~ ~ " '" ~ 0 ~ " ~ ~ ~ \ \ \ \ \ <3 -" 0 ~ 'I ~ " ~ ~ r- <> :0 0 ~ 0 ;;:; i." \ \ \ \ \ \ \ l. ""- r- .... EVe r- ~ I "" r::: 6+53.26, 12.5' L",- ECR T C. ~ 1793.95 t:+ 76.29 [NO NEW AC PAVEM[NT AlA TCI! EXIST AC -----.-------- FG =1794 48'" \ 6+86.29 ,- CENTE.'?LlNE OTIS ST I '" '" ""<.. ~~ ,,!'> ;......."-.i [7 " o ~ o '" 11 '" 0- "tJ ~ ::.! "', " c OJ ~~ U> <'1" "'''' "'0 z'" -, U> -, -0 j;; Z " 6 '" ~;g ~~ "'-I "'i'" ~ r- o .... <:;; , ,., o 'I ;;:; I ~ l-~-- ~ ", lI) "- " r::: "\ "'- ~ '" ~ "" 'J \i \ \ s .... I ;:: ~N ~ r-;- - ~- -- ---I 0) ~ " "'-, l::rl, r- I .... oj. .... <0 ~ rl, " r- ~ ~I <:;; I 0 5 ~~ , L 'I .... 'I <:;; :0 ~ I~ Y> .... " <:;; I~ "" ['l \:, I I ;;:; -J'lJ- ,., ,- -~ r- o .... 'J 5' 5' 7' .5' 5 .... '" o 'I <:;; :0 :; Y> '" 5+~7.6 N L~ ~~ o ~ ~ ~~ ~ ~ ~ Cf} ;d ~~ "''-3 " " q r- o .... ~ 5 -; '" r- o .... .. <> .... '" r- '>, ~ <:;; Y> " \ ..... 6+73.26, 32.46' U. BC.'? \ T. C ~ 1794 63 \ 'J ~ 'J <0 '" 'J <0 '" ~ CENTERLINE TOP OF CURB - 12.5' LT. ~ '" ~ ':," '('" ~..t ;/, .'. ':.. ~. , " -~-~,. J. 3 (]) ~ :0 :; 'J " o)lr!~~ ~ ~8~~8~8~~~~~ f)f)f)f)f)f)f)f), , , f) ~~~~~~~~~~~~ 22~&l~~g;~~22~ .?: ~~~~~~~~~~~~8 .l..l~Cb"'-.lCo!\)""'-"'l..lCbC)~ (..",,~<.o"'-.l!\)_l.C)_ClOl~ );! ~Cb----<.oto-"""l() ctl O<O----OQ--q /'"'" ~~~~~~~~~~~~~ ~~tt:~t:~t:~~t:t:tlf ~ . . . . . I . . . I . r:: :0 FJl () ..,.., ,,' < m o ~~lg~~t5~~~~~C) U\.V.OtUltrl........l1l~~~ ~~~~~~~~~~~(lJ ~~;:~~..~~~~~~~;,~i~ ~ r./r./o?o?r./r./.?o?o?r./.?<> ~~~~~~~~~~~~ ~~:g~~~2~~~~~ .._____J \ \ \ \ \ ~ \ <::> ~ I ~ I '" t1-J I <::> I \ '" ~ \ -I- ~ \ g .... <::> ~ \ ::lj \ II' ]1' t.J) i; ~ \. 2~ ~ \ ....., \ \ I \ <::> '" .. .. -I- <::> <::> lh -I- <::> <::> l1' D D "- :>; ;0 CD ,. "- f':1 " 0 Z " ... -0 ~ '::- 0> Z "- c '3 " to ~ '" " :r: (T] Ul ~ ~ .. Q! '" 'J <0 '" '-' If <>: '" " <::> ;:; '" r- :" Cl '\ '" \ Q~~ v:::j . ~~~ ~~~ i;lY>~ II ~ -1110 ~~~ ~~ <Or- ~ <:;; '" ~'1 Q P '" <::> :.. \ \ \ ) I I \ \ \ ) c; --. 4+86.28, 9.1' LT. SS MH /2 H1M~ 1789.60 INV IN~ 1784.3 !NV OUT ~ 1784. J (-1- -- "'''' OJ:-I- S~ "'~ - - - <'1 OJ: ~ \ ~ I~ I '" I'" --. ~ C; I~ --. '" " l:: ~ 6+7 cr, 8' LT. CON CT TO EXISTING 6" 0.1. WATER 6" TAP,!!~G SLEEVE, 6" TAPPING VALVE, 8"x6" REDUCER, THRUST fLOCK, 8" POI. Y PIG, DISIN~ECTIDN TREE Q! '" 'J <0 '" :;j '" n AJ f'l Z f'l ::;;: )> C- O }> -4 1" ~ ( U >, i; * ~ '" 1\ N ~"- G.l ." N o o '-J [?> <:;; <::> c- O .... Ci: Q; "'.. (,,-!- ~U~ . '" ;t!=o ~~ "'. r- -- ~ I .. '" (" I I >q r- ~ 1 -: ;-i ~X 'C,) . ~ '. ~) \, '\ 'f :-1l0.(!.. "" .V ~q;;, '"'\ > <::",,,, ",\ 'q S2 ~ ~ ',", ~<::>. -t- '" g'i2!3 \ ,,~~ ~ . \ c:; 5' PUE .. --- "-- - - - - ----- '" 'J "'. .. -I- !" -I- '" .. .. I Q;, ~ lh " " ~ 1~ ~ ~ '" ~ 12 c; --. 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" ~ c F;i ~ ~ ~ '" .. .. ~ ~ ~ ~ ~ '" ~ ~ ." <il ~ ~ ~ ~ ~ ~ ~ ~ . , ~ " ~ c n:; '1l <il '" ~ ~ '" , ~ ). ~ ~ " ";i ~ ~ g, . .!->> ~ '" '" SAGE DEVELOPMENT LLC HELMAN SPRINGS SUB-DIVISION 247 Otis Street Ash/and, Oregon ~ Cl' ~ ~~ ~ ~: ~::o ~~ ~ t!~\'l '\1)} r~ Ken Cairn \1. tl Sager , ~ ~: i~ " Landscape '1"1 ,\~ ll\ ~rchlt:~ts Ir\~~ '.'\' .1L\ "~i~ 545 'A' STREEi, SU;-E 3 ASHLAND, OREGO~ 9'520 PH, (541) 488-3194 FAX (541) 552-9512 / / , '- -- -- , ~---"--~- 1 , , , , " ~ ~ \ " \ " , " ---- ----- I " I \ , \ \ \ , '- '- '- " -_-.-! L--__ 1_,' \- - \ / 1/ / - /1 I 1 I I 1- r---- ,_1795--\ ( J I \ "" "- " "-" I, -' / / ./ , , , , '\ \ - - --i_ _ '\ \ -~........- ,\---"--- '- '-\ I -,-~ / WETLAND MAP / / " -- '- "- '- "- I\'Y '(\, C ' , ____ ~AW~ 'If:; " ~ "' ii -vJJi'\'::~ I) \Y \ r,<' I &"'VlY:.- ' ~' ,,/{;(iW ,I '- ~ /..-.--- 1 --;r1.nm: O-f, 840s,f. proposed mitigation 1 Area A \- -;/ \ 1 / 1/ /1 / I I I I I- I I I I -' .' II -1 L____-'- ::--v , -'I "1 I .-......- -~ --------,----,----- / / CWM SITE PLAN / WETLAND MAP Re0sedperfinalweffand delineation by DSI #06-0387 'J, Fill and Mitigation Proposal Total Proposed Fill Wetland 1, 4211s.f. Wetland 2, 446 Wetland 3, 442 Total ar.ea in Buffer Zone Wetland 1, 2893 s.f. Wetland 3, 111 s.f. Total Required Mitigation Wetland 1, 7,104 s.f. x 1.5 = 10.656 Wetland 2, 446 s.f. x 1.5 = 670 Wetland 3, 553 s.f. x 1.5 = 830 Total Available Mitigation area adjacent to Wetland 1 Area A - 7785 s.f. Area 8 - 840 s.f. Area C . 3795 s.t. Total Required Mitigation 12,156 Total Adjacent Mitigation Proposed 12,420 s,f. Total area Mitigation Required 12,156 ~ ~ i!F g. - -'" ~ co '" SAGE DEVELOPMENT LLC HELMAN SPRINGS SUBDIVISION 247 Otis Street Ash/and, Oregon Northwest Biological Consulting Habitat Restoration / Planning 324 Terrace Street Ashland, OR 97520 Ph/Fax (541) 488-1061 ~ a- !S is" !till ~ ~. $'\ Q" '" " ~ ~ "'ii!' , KenC:::\~ : Sager . 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C '"'I ~ $11 ~ ~ ~ ~ .01 "" '- ~ -I:::.. ~ L- !;r.~'Wl\ ~ Ken Cairn ~~' f1 s \~ ~ij ager · ;~ ~' Landscape ~~l l<\~ Architects, Inc, ~ n ~'b...~ SAGE DEVELOPMENT LLC HELMAN SPRINGS SUBDIVISION 247 Otis Street Ashland, Oregon 545 'A' STREET, SUITE 3 ASHLAND, OREGON 97520 PH, (541) 488-3194 FAX (541) 552-9512 ~ ,~ ~'~~ . 1 ~ ~()~ ~,~ ~~. ,~~ ~,~ ~ 8' is ~ Public Hearing Request & Public Comm.!nts PA 2007-00455 ~ 1/ () () This is a written request for Planning Commission public hearing for PA 2007-00455. Grounds for reversal or modification are violations of AMC 18.88.030(B)(5)(g), et alia. Art Bullock 791 Glendower St. Ashland OR 97520 Monday, June 4, 2007 t.. , ~7~ Glenn Street Developn_ ...nt Appeal, Helman Springs Dev~ Hearing art bullock to Planning Commission, Tue 2007Jun12 Glenn Street Development Appeal City council's decision last Tue 2007 Jun5 has major implications for you as Planning Commissioners. 1. Council withdrew their own appeal, exposing you. Council decided to withdraw their own appeal on Glenn 5t project, and let your decision stand. That fully exposes you and your decision. For the first time in history, far as i've found, Ashland Planning Commission may be before lUBA. Your shenanigans may now receive a full legal review by lUBA and appellate courts. Normally, you folks are protected by a de neuvo appeal to council. By starting over, a de neuvo ("new") appeal remedies some of your procedural errors. Not this time. Council saw potential errors in your decision, appealed your decision themselves, held a full public hearing, and voted 3-3. Mayor's tiebreaker approved. Then last week, when time came to approve findings, they got cold feet and withdrew their own appeal. In so doing, they committed several legal errors. 2. Commissioners may appeal their own decision. Council explained, based on Appicello's advice, that by withdrawing their own appeal, they wanted to avoid lUBA bias proceedings. LUBA is an appeals board, and doesn't hear original evidence. Bias is an exception. LUBA may grant full evidentiary hearing, with affidavits and depositions, which are complicated and expensive. Planning Commissioner Mike Morris filed a bias claim against 2 councilors. This might give Mr. Morris standing to appeal council's decision and allege bias to LUBA. Since council withdrew their appeal, this could mean Mr. Morris has standing to appeal his own decision, since he voted FOR the project as Planning Commissioner. Confused yet? There's more. Historic Commissioner Jerome White also spoke at Council's public hearing. Mr. White may now have standing to appeal a project he voted to approve as Historic Commissioner. 3. LUBA may review Appicello's "magic words". You folks were just trained in bias procedures, though vour training was inadequate. Appicello has you repeat a "magic words" phrase which supposedly cleanses you :>f all bias. Unfortunately for you, Council, and Historic :;ommission, no magic words or herbal potions or witch's )rew alters the fact of the bias. LUBA follows tt, !w. So should you. With Morris's and my bias claims, LUBA may now review your allegedly illegal proce.dures for ex parte, bias, and conflicts of interest. Th;anks to Appicello's advice, you and council are both t~xposed. It's like a 2-for-1 sale. 4. LUBA may review your variance decision. Of all the decisions to use in your LUBA debut, this one is a classic. Your Glenn St dt!cision may have made legal history. Research so far shclws that for the first time in Oregon history, an applicant got a variance they said they didn't want or need. Mo:st of you, thankfully not all, voted to give the project a vari;ance, though it clearly failed the self-imposed test-- the applicant submitted a building design needing no variance. LUBA takes a dim view of variances, and rightly so, since some Planning Commission~; pass them out like lOllipop favors, giving variances to friends and not others. LUBA may shake their heads when they read this one. 5. LUBA may review your st!tback decision. For Glenn St project, you decided to violate a hard-and-fast law requiring a 20' sE!tback for buildings on an Ashland arterial. At the hearing, then-chair John Fields explained the Planning Commission had ignored this law for decades. Not years, dElcades. It's hard to say whether LUBA willi laugh or scream when they read Planning Commission's long-established position on the setback law. MaybE! they'll do neither, and simply remand your allegedly illegal decision. Helman Springs Developmient Hearing Given you're center stage at LUBA, now would be a good time to improve your procedural integrity. Especially with a new PC chair, John Stromberg. Here are 5 positive and constructiive requests for your next hearing- Helman Springs on Tue 2007Ju110. 1. To improve transparency, put !~canned documents online as they're scanned, not lilt the last minute. Adams Hanks said he's already scanned Helman Springs file, yet it is not available onHne. You should direct staff to put Helman Springs documents online immediately. Staff should put documents online as they're scanned, not at the last minute. Stopping this delay tactic increases transparencYI~R',e~~~ 7 -day record extensions, and improves YOlJii'C~~ilitV ~ 1j JUN 1 2 2007 City of ,II$~land Comlllur.itv DevPi~~ ~-~"n('"lnt 2. Send notice to all parties to th utline Plan. Planning Dept failed to send notice of Helman Springs Type 1 final hearing to 3 prior appellants. A hearings request has now rescheduled the hearing for the entire PC on Tue 2007Ju110. You should direct staff to send notice of the Final Plan hearing to everyone, as interested parties, who was a party to the Outline Plan. 3. Make the findings decision on hearing night. In the past, you make a decision one night and approve findings later. There's no reason you can't do both the same night. Put all parties' proposed findings on the document camera, and select/edit as you need to. The current process allows staff to write new findings after the decision. Appicel/o consistently creates new findings not discussed or decided by the decision bOdy. To stop the dysfunctional process of staff writing findings not discussed prior to the decision, you need to do the findings rather than allowing staff to control them and create them after the fact. 4. Schedule findings earlier in the session. Staff schedules findings decisions, motion to reconsider, etc. at the meeting end, where you're pressured to rubber-stamp staffs recommendation and go home. This tactic hurts credibility. You would improve credibility if you decided findings before the decision, since Oregon law requires you to make a decision based on the facts that you find. You folks do it backwards. You make the decision, then staff writes up facts to base it on. 5. If there's a 7 --day record extension, schedule your decision on 2007Jul24, not 2007Aug14. If last-minute submissions necessitate a 7 -day record extension, ask the applicant to waive 1 day of their 7-day response (if necessary) and schedule your decision for Tue 2007Ju124 rather than Tue 2007Aug14. July is a 5-Tuesday month, so this saves 3 schedule weeks. Your procedural errors have delayed Helman Springs several times. You have a chance to improve timeliness for this and future projects and live within the statutory limit of 120-days to make the decision. 6. Conclusion. By better scheduling of deliberations and findings decisions, and by using timely public notices and putting scanned documents on the web to decrease need for record extensions, you can significantly reduce costs and wasted time for developers and planning applicants. This document, containing facts and allegations, is submitted for the record in Glenn Street Development and Helman Springs Development. ~ 1LJ- Notice of Public Meeting June 12, 2007 ~75' ~~, ( .,>~\ Planning Department, 51'_~l1burn Way, Ashland, Oregon 97520 541-488-5305 Fax: 541-552-2050 www.ashland.or.us TIY: 1-800-735-2900 CITY OF -,I\SHLAND PLANNING ACTION: PA-2007-00455 SUBJECT PROPERTY: 247 Otis St OWNER/APPLICANT: Sage Development LLC DESCRIPTION: A request for Final Plan approval under the Performance Standards Options Chapter 18.88 to subdivide the property into 18 lots for new single-family homes, including one lot con1taining the existing structures on the site, lor the property located at 247 Otis St. COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential; ZONING: R-l-SP; ASSESSOR'S MAP #: 39 IE 04BC; TAX LOT: 400 NOTE: The Ashland Tree Commission will review the project's landscaping plan on June 7, 2007 at 6:30 p.m. in the Community Development and Engineering building located at 51 Winburn Way, ASHLAND PLANNING DEPARTMENT STAFF PRELIMINARY APPROVAL: May 24, 2007 ASHLAND PLANNING COMMISSION HEARINGS BOARD MEETING: June 12,2007, 1:30 PM DEADLINE FOR REQUEST FOR A PUBLIC HEARING: June 4. 2007 ! i _J - _____1;-- ____ _. _. _ .L. ___ .1. . i c-.,~".._..c-______L., ----;:-/~~~:_J __ , -. ~BJECT PROPERTY".S; ! .,~..I ' r-,- --~i _L_ I .". - -- "j I 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 PUBLIC TESTIMONY 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 Planning Commission on this action. To exercise this right. a WRITTEN request must be received in the Planning Department. 51 Winburn Way, I)rior to 4:30 p.m. on the deadline date shown above.. The written request for the public hearing must include your name, address, the file Ilumber of the planning action and the specific grounds for which the decision should be reversed or modified, based on the applicable criteria. IF YOU DO NOT P IFI ALLY RE EST A P IC HEARIN BY THE DEADLINE TIME AND DA TATED AB V THERE WILL BE NO PUBLIC TESTIMONY PERMITTED. 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 ~In 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 fc)r 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. In compliance with the American 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 wm enable the City to make reasonable arrangements to ensure accessibility to the meeting. (28 CFR 3!W~~-35.104 ADA Title I). If you have questions or comments concerning this request, please contact the ~I~~'anning Department at 541-488-5305. G:\comm~de\"planninlrNoticei Mailed 200"'7 1007-QO..J55.doc FINAL PLAN APPROVAL 18,88.030 85 Criteria for Final Approval Final plan approval shall be granted upon finding of substantial conformance with the outline plan. Nothing in this provision shall limit reduction in the number of dwelling units or increased open space provided that, if this is done for one phase, the number of dwelling units shall not be transferred to another phase, nor the open space reduced below that permitted in the outline plan, This substantiall:onformance provision is intended solely to facilitate the minor modifications from one planning step to another, Substantial conformance shall E!xist when comparison of the outline plan with the final plan shows that: a. The number of dwelling units vary no more than ten (10%) percent of those shown on the approved outline plan, but in no case shall the number of units exceed those permitted in the outline plan. b, The yard depths and distances between main buildings vary no more than ten (10%) percent of those shown on the approved outline plan, but in no case shall these distances be reduced below the minimum established within this Title, c. The open spaces vary no more than ten (10%) percent of that provided on the outline plan. d. The building size does not exceed the building size shown on the outline plan by more than ten (10%) percent. e, The building elevations and exterior materials are in conformance with the purpose and intent of this Title and the approved outline plan, f. That the additional standards which resulted in the awarding of bonus points in the outline plan approval have been included in the final plan with substantial detail to e.e that the performance level committed to in the outline plan will be achieved, g, The development co s with the Street Standards, (Ord 2836, S3 1999) J 77 G: comm-de\' planning NNices ~1ailed':':0(J7 :':007-0045S.doc .~."~~,..",..----,~~"""".. .-':"-~ """'~'-"""""V;:"""'<V~":'~'~""~"~'" .''''''<:f;.w CITY OF ASHLAND ASHLAND PLANNING COMMISSION HEARINGS BOARD MINUTES JUNE 12, 2007 CALL TO ORDER - Chair John Stromberg, silting in for Pam Marsh, called the meeting to order at 1 :30 p,m, at the Ashland Civic Center, 1175 East Main Street. Ashland. OR, Commissioners Present: John Stromberg, Chair Da\e DOllerrer Michael Dawkins Absent Members: None Council Liaison: Cate Hart/ell, ahsent Staff Present: Derek Severson. ,\ssoeiate Planner Angela Barry. Assistant Planner Sue Yates, FXl.'Cuti ve Sl.'Crctary APPROVAL OF MINUTES. To be approved at tonight's meeting. TYPE I PLANNING ACTIONS PLANNING ACTION: PA-2007-00798 SUBJECT PROPERTY: 80 Wimer St OWNER/APPLICANT: Thomas Peterson DESCRIPTION: A request for a Conditional Use Permit to construct an addition to an existing residence located ,It 80 Wimer St. and exceed the Maximum Permitted Floor Area for a single-family dwelling in the Historic District by approximately 22 percent. COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential ZONING: R-1-7.5; ASSESSOR'S MAP #: 391E05DD; TAX LOT: 8000. The Historic Commission did not make any recommendations at their meeting on June 0, 2007, This action stands approved, PLANNING ACTION: PA-2007-00445 SUBJECT PROPERTY: 247 Otis Street OWNER/APPLICANT: Sage Development LLC DESCRIPTION: A request for Final Plan approval under the Performance Standards Options Chapter 18.88 to subdivide the property into 18 lots for new single family homes, including one lot containing the existing structures on the site, I'or the property located at 247 Otis St. COMPREHENSIVE PLAN DESIGNA TlON: Single-Family Residential; ZONING: R-1-5P; ASSESSOR'S MAP #: 39 1E 04BC; TAX LOT: 400. This action \\ias called up tlJf a public hearing, PLANNING ACTION: PA-2007-00804 SUBJECT PROPERTY: 635 Lit Wy/1655 Siskiyou Bv OWNER/APPLICANT: Roderick Newton DESCRIPTION: A request for Commercial Site Review approval to convert the 932 square foot residential living space and 250 square foot garage of the mixed use building to commercial clinic use and construct a 1,000 commercial clinic addition on the south side of the previously approved commercial clinic use, bringing the total commercial clinic square footage to 5,442 square feet. The property is located in the Detail Site Review lone. COMPREHENSIVE PLAN DESIGNATION: Commercial/Single Family Residential ZONING: C-1/R-1-rS; ASSESSOR'S MAP #: 391E 15AB; TAX LOT: 7300. fhis a\:tion stands approved, ADJOURNMENT - The meeting was adjourned at 1 :37 p,m, RL'sp('C(litl~r submittL'd by. SUL' Yalcs. Erccuti\'c Sccrclw:r ~ 7~ I ATTN: LEGAL PUBLlCATIO(j) (ANDREA) (3 MEETING NOTICE NOTICE IS HEREBY GIVEN that the Ashland Planning Department preliminarily approved the following requests. The actions will be reviewed by the Ashland Planning Commission Hearings IBoard at 1 :30 p.m. on June 12, 2007 at the Ashland Civic Center, 1175 East Main Street, Ashland, OR No public testimony is allowed at this review. Any affected property owner or resident has a right :to make a written request for a public hearing before the Ashland Planning Commission prior to 4:30 p.m., June 4,2007 to the Planning Department, 51Winburn Way, Ashland, OR. Request for a Conditional Use Permit to construct an addition to an existing residence located at 80 Wimer St. and exceed the Maximum Permitted Floor Area for a single-family dwelling in the Historic District by approximately 22 percent. Request for Commercial Site Rev~ew approval to convert the 932 square foot residential living space and 250 square foot garage of the mixed use building to commercial clinic use and construct a 1,000 commercial clinic addition on the south side of the previously approved commercial clinic: use, bringing the total commercial clinic square footage to 5,442 square feet. The property is located in the Detail Site Review zone at 635 Lit Way/1651 Siskiyou. A request for Final Plan approval under the Performance Standards Options Chapter 18.88 to subdivide the property into 18 lots for new single family homes, including one lot containing the existing structures on the site, for the property located at 247 Otis St. 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). By order of the Planning Manager Bill Molnar Publish: 6/02/2007 Date e-mailed: 5/23/2007 Purchase Order: 72125 " 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 Mav 24.2007, 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 # 2007-00455.247 Otis St. SIGNED AND SWORN TO before me this 24th day of May, 2007. ~- ///) /' (Ir; l fJ-?/ES7/c~. Notary Public for State of Orelgon My Commission Expires: _ I- lMycm ~..........~"'"' - (', :'l:ICIAL SEAL ~' 30SWELL NOTAR\ PUBU~REGON COMMISSION NO. 391525 'SION p '~ES APR. 07, 2009 1"'1.-' ~ X.:J ,"\ ,.~ G:\comm-devlplanning\Forms & HandoutslAFFIDAlIlT OF MAILlNG.doc Impression antibourrage et it sechage ra~lde Utilisez Ie gabarit 5160~ (); PA-2007-0045539IE04BCI103 ALSING ALLEN A TRUSTEE ET AL 970 W ALKER AVE ASHLAND, OR 97520 PA-2007-0045539IE05ADI39 BLACK ROBERT HENRY TRUSTEE ET AL 744 PALMER RD ASHLAND, OR 97520 PA-2007-00455 391 E05A0508 COCHRAN JOSEPH fiBARBARA A 495 WILLOW ST ASHLAND, OR 97520 PA-2007-0045539IE05ADI37 ETTERS TERRY R<DEBORAH A PO BOX 954 KLAMATH FALLS, OR 9760 I PA-2007-0045539IE05A0501 HOLT REBECCA L. 300 OTIS ST ASHLAND, OR 97520 P A-2007-00455 391 E05AD503 LANG JUDITH M 320 OTIS ST ASHLAND, OR 97520 P A-2007-00455 391 E05AD 138 MCKENZIE MICHAEL TRUSTEE ET AL 6597 CANE LN VALLEY SPRINGS, CA 95252 PA-2007-0045539IE05ADI40 PATTON CLAY/LAURIE 205 RANDY ST ASHLAND, OR 97520 P A-20m -00455 391 E04BC 1100 TAYLOR ANNE C 492 WILLOW ST ASHLAND, OR 97520 PA-20U7-00455 391 E05ADI41 WOOD WANDA JO TRUSTEE FBO 275 RANDY ST ASHLAND. OR 97520 (rl)09~S (,i1AJo.I=lAV I ~ - ~.avery.co~~ - 1-800-GO-AVER(.,lI PA-2007-00455 391 E04BC 133 AMAROTICO EMILE JKAREN 195 RANDY ST ASHLAND, OR 97520 PA-2007-00455 391 E05AOl59 CHAMBERS CHRISTOPHER LSATUREN LEAH J 590 ELIZABETH ST ASHLAND, OR 97520 P A-2007 -00455 391 E04BC 132 DANNER BRY ANT C TRUSTEE 821 BERKSHIRE FLlNTRIDGE, CA 91011 PA-2007-0045539IE04B003 FELGER CAROLEE I TRSTEE FRO 200 TOLMAN CREEK RO ASHLAND, OR 97520 PA-2007-00455 391 E05AD500 JAFFE ROBERTA 344 OTIS ST ASHLAND. OR 97520 PA-2007 -00455 391 E05AD506 LIND LAUREN 332 OTIS ST ASHLAND, OR 97520 PA-2007-0045539IE04BC501 MYERS WILLIAM BMARIE E 1711 VIEW PL MEDFORD, OR 97504 P A-2007-00455 391 E04BC 1102 ROBERTSON DENNIS TRSTEE FBO 531 N LAUREL ST ASHLAND, OR 97520 PA-2007-0045539IE05ADI65 TIERNEY CARYN L ET AL 295 RANDY ST ASHLAND, OR 97520 P A-2007 -00455 391 E04BC504 WREN JOHN B JR ET AL 2201 SISKIYOU BLVD ASHLAND, OR 97520 AH3^"-09-008- ~ - ...--.,.- - ---- - -- '\i\ AVERY@ 5160@) PA-2007-00455 391 E04BC 134 ARMITAGE S E JR DEBRA A K 205 RANDY ASHLAND, OR 97520 PA-2007-00455 391 E04BC400 CHAMBERS SYLVIA S 2225 H ST EUREKA. CA 95501 PA-2007-0045539IE05AD513 DENNETT MARK/MARTHA 1257 SISKIYOU BLVD PMB #136 ASHLAND, OR 97520 PA-2007-0045539IE05ADI62 HILL LINDA :\1ARLENE 1124 DONALDO CT SOUTH PASADENA, CA 91030 PA-2007-0045:5 391E05ADI60 KALB JOHN M/SHARI L 580 ELIZABETH ST ASHLAND, OR 97520 PA-2007-00455 391 E05ADI63 MACDONELL DOUGLAS M/SUE M 150 HIGH ST ASHLAND, OR 97520 PA-2007-0045539IE05ADI61 PALOrvlA P MARIE 570 ELIZABETH AVE ASHLAND, OR 97520 PA-2007-0045539IE05ADIOO S fRATTON JOHN D TRUSTEE ET AL POBOX214 JACKSONVILLE, OR 97530 PA-2007-00455 391 E04BC 1104 WERFEL CATHERINE L 210 OTIS 5T ASHLAND. OR 97520 PA-2007 -00455 _@09J.S 3lVldVl!31 ~a^" asn PA#2006-0078 391E05AD 141 WOOD WANDA JO TRUSTEE FBO 275 RANDY ST ASHLAND, OR 97520 P A#2006-0078 KENCAIRN KERRY 545 A STREET, SUITE 3 ASHLAND, OR 97520 P A#2006-0078 THORNTON ENGINEERING %JAMES PEARSON 1236 DISK DRIVE, SUITE I MEDFORD, OR 97501 P A#2006-00078 BULLOCK ART 791 GLENDOWER ASHLAND, OR 97520 - added 3/16/06 PA#2006-0078 391E04BC 504 WREN JOHN B JR ET AL 1820 EAGLE MILL RD ASHLAND, OR 97520 PA#2006-0078 391E05AD 167 WYNN BETTY TALBOT TRSTE FBO 315 RANDY ST ASHLAND, OR 97520 P A#2006-0078 SAGE DEVELOPMENT 2305 ASHLAND ST. ASHLAND, OR 97520 P A#2006-0078 POLARIS LAND SURVEYING PO BOX 459 ASHLAND, OR 97520 P A#2006-0078 MYERS TOM PO BOX 881 ASHLAND, OR 97520 P A#2006-0078 ENGLISH SCOTT/N,W, BIOLOGICAL PO BOX 671 ASHLAND, OR 97520 r CIT.r OF ASHIJAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: August 21, 2007 Administration Library Update Primary Staff Contact: E-Mail: Secondary Contact: Estimated Time: Ann Seltzer ann@ashland.or.us Martha Bennet 2 minutes Statement: This communication serves as a placeholder on the agenda for August 21. At the time of this writing, Thursday, August 16, 2007, staff does not have any substantive new information for the Council regarding Jackson County and the libraries beyond what was reported in this morning's Mail Tribune (article attached). However, it is possible that we may leam more in the next few days. If so, staffwill provide an updated communication at the meeting for Council review and discussion. Staff Recommendation: N/A Background: Jackson County Administration has reviewed two proposals to operate the Jackson County Library system. The County has issued a "notice of intent to award" to Library Systems and Services LLC (LSSI). The County will begin negotiations with LSSI, develop a proposal for review by the Jackson County Budget Committee and then forward to the Jackson County Commissioners for their decision. Once we know the County's decision, the Council will want to discuss how to proceed with an intergovernmental agreement between the City and the County. It is possible that at least a portion of the discussion will need to occur in executive session. Related City Policies: N/A Council Options: N/A Potential Motions: N/A Attachments: Mail Tribune Article from August 16, 2007 Page I of I 8/2 I/07 CC library update I ~~ Page 1 of3 Libraries could reopen before year's end County considers LSSI proposal that would increase hours of operation, cost less By I)CimiCiIl MCl.llll Mail Tribune August 16, 2007 6:00 AM Libraries might reopen by the end of the year as Jackson County officials consider an outsourcing bid for all 15 branches that offers more hours of operation at a (:ost that is 30 percent cheaper. "My personal conviction is that we will have our libraries open before the end of the year," said C.W. Smith. "That's my goaL" The county is considering a proposal by Maryland-based Library Systems and Services LLC (known by the acronym LSSI) to provide library services for $6 million, nearly $2.7 million less than if the county had continued to operate the libraries, which closed April 6 because of a budget shortfall. At this point, the county has only agreed to enter into more negotiations with LSSI, potentially leading to a lower bid. Another proposal from the Service Employees International Union Local 5013, which represents Jackson County employees, is $1.4 million higher than the LSSI proposal. County Administrator Danny Jordan sent the union an e-mail Wednesday stating that because the union proposal was so much higher, the county would enter into further negotiations with LSSI. Smith, who is chairman of the Jackson County Board of Commissioners, cautioned that no official decision has been made yet to reopen all or some of the libraries, nor has a specific plan been fully developed. "Whether or not it can be accomplished is yet to be seen," said Smith, adding that the county has been working diligently since April to find some way to reopen libraries. Jordan said that entering negotiations with LSSI doesn't mean the county has decided to award a contract to that company, nor does it mean the county would be paying $6 million for services. http://www.mailtribune.comlapps/pbcs.dll/article? AID=/20070816/NEWSI708160322&te... 8/16/2007 Page 2 of3 After more work on the bid, Jordan said he will prepare a recommendation soon that will go to the Jackson County Budget Committee and to the commissioners for their decisions. If the county decides to award a contract to LSSI, the company stated in its bid that it could reopen libraries within 10 weeks. Facing a $23 million annual shortfall, county commissioners closed all 15 library branches prior to a last-minute, one-year extension of a county timber payments program called the Secure Rural Schools and Community Self Determination Act. The money could help reopen the libraries, and Jackson County is hoping Congrl~ss renews the program for an additional four years. County commissioners previously said they would not use the one-year extension to reopen libraries because the cost to operate all 15 branches was so high. After an analysis of the two bids, Jordan said the county would save almost $9.5 million over five years with LSSI compared to the union. LSSI anticipates a rate of inflation of 3 percent compared to the union's 6 percent. By year five, the difference in bids between the union and LSSI for that year would be $2.4 million. Assistant County Administrator Harvey Bragg said that after the review of the bids, "We chose the one that we think works the best for Jackson County." Jordan said LSSl's bid includes similar community outreach programs and plans to work with volunteer groups and library advisory committees. In addition, the LSSI bid indicates the company would interview library staff that had been laid off. On Monday, the union made public its proposal to operate libraries. Jordan said that decision compromised the county's ability to negotiate with LSSI because the company realized it was the low bidder and by how much. In order to get a fair comparison of the two bids, the county subtracted some costs it wanted to control, such as the book budget of $640,000 and the computer system at $314,535. These costs, which also include maintenance and utilities, amount to $1.7 million. As a result, the base bid for the union is $5.8 million and for LSSI is $4.4 million. Commissioner Smith said the county has received letters from all 15 communities outlining their ideas for reopening the libraries. Most have one common denominator: "Generally speaking, most of the cities urged us to try to run it cheaper," he said. Smith said not one of the communities suggested closing its own branch as a way to save money. http://www.mailtribune.comlapps/pbcs.dlllarticle? AID=/20070816/NEWSI708160322&te... 8/16/2007 Page 3 of3 "The city of Medford is the only one that has said we should keep the Medford library open and sell off all the others," said Smith. He wouldn't discuss some of the options the county is analyzing at this point, but said, "People will be surprised with what we can come up with." Reach reporter Damian Mann at 776-4476 or dmann@mailtribune.com. A look at the costs Total costs of running all 15 branches for one year: If libraries hadn't closed: $8,750,292 Union's bid: $7,505,406 LSSl's bid: $6,085,278 http://www.mailtribune.comlapps/pbcs.dll/article? AID=/20070816/NEWSI708160322&te... 8/16/2007 CITy.Of ASHLJ\ND Council Communication Meeting Date: Department: Secondary Dept.: Approval: A Resolution Adopting a Supplemental Budget Establishing Appropriations Within the 2007-2008 Budget August 21, 2007 Primary Staff Contact: Administrative Services E-Mail: Police Secondary Contact: Martha Bennet Estimated Time: Lee Tuneberg ~ tuneber1@ashland.or.us Terry Holdemess 20 Minutes Statement: A resolution is needed to adjust the FY 2007-2008 Budget to create appropriations and authorize expenditure of asset forfeiture revenues received in conjunction with the City's participation in the regional drug enforcement program. Staff Recommendation: Staff recommends approval of the attached resolution. Background: There are three ways in which to change appropriations after the Budget is adopted. 1. A transfer of appropriations decreases an appropriation and increases another. This is the simplest budget change allowed under Oregon Budget law. This does not increase the overall budget. This is approved by a City Council resolution. 2. A supplemental budget of less than 10 percent of total appropriations within an individual fund follows a process similar to the transfer of appropriations. 3. A supplemental budget in excess of 10 percent of total appropriations requires a longer process. This process includes a notice in the paper and a public hearing. A supplemental budget (Item #2 above) is needed to adjust the FY 2007-2008 budget. The City's participation in regional drug task force operations has generated revenue to the City that cannot be expended without Council approval of the proposed budget adjustment. Revenues received from this program are restricted in use and this recommendation is in keeping with federal requirements. The attached memo provides more detailed information. This is the first supplemental budget request for FY 2007-08. Attached is a resolution for your approval. The recommended changes in the budget are explained after each request. Related City Policies: Compliance with Oregon Budget Law Page I of2 CC - Supplemental Budget .. Police DEA Funds ~~. ...11 CITY fOf ASHLJ~ND Council Options: Council may accept this supplemental budget request as presented, recommend modifications as discussed or defer acceptance (takes no action) awaiting further information or clarification. Potential Motions: I make a motion to approve the attached resolution adopting a supplemental budget for FY 2007-2008 for the purposes specified. Attachments: Supplemental Budget for Asset Forfeitures Funds memorandum Notice of Supplemental Budget Resolution adopting a supplemental budget establishing appropriations within the 2007-2008 budget Page 2 of2 CC - Supplemental Budget - Police DEA Funds r~' Memo DATE: August 8, 2007 TO: Martha Bennett, City Administrator FROM: Terry Holderness, Police Chief RE: Supplemental Budget for Asset Forfeiture Funds Since 2000 the Ashland Police Department has participated in a regional drug task force that handles drug investigations in and around the city. As a member of that task force the Police Department is entitled to a percentage of assets seized by the task force from drug dealers in accordance with federal law. Prior to August of this year the department has received $428,700 in asset forfeiture funds and estimate that we have generated another $10,000 in interest. During that time period we have spent $120,203. This includes this year's budgeted expenditure of $44,254. Most of that money has been used to pay the salary and benefits of two part time employees. There is presently an estimated $318,000 balance in the asset forfeiture account. The US Treasury Department has written guidelines on how asset forfeiture money and interest on that money may be spent. Under those guidelines that money shall be used "for only law enforcement purposes." The guidelines then list specific permissible uses that include training, investigative resources, facilities, equipment and law enforcement operations. The money can never be used to supplant local funds and always has to be used as additional funds for the agency receiving the money. Federal regulations also require that asset forfeiture funds "should be expended for their designated law enforcement purpose as they are received. However, these funds may be retained in a holding account for a reasonable period of time, generally no longer than two years, to satisfy afuture need, such as a capital expenditure." To be in compliance with federal regulations the police department needs to expend at least an additional $190,000 this budget year. Following are the areas that meet the legal criteria for use of asset forfeiture funds that the police department would like to expend during this budget year. Training In order to fully implement the PERF report the department believes we need to facilitate three training classes that involve a significant expense. One of those classes the Police Training Officer program is already in our existing general fund budget and use of asset seizure funds for that class would not be permissible. The other two classes Problem Oriented Policing and Leadership are both one time training programs that have never been budgeted and would be legal uses for asset forfeiture funds. The Problem Oriented Police training was specifically recommended in the PERF report. The cost of holding three two day classes that would allow all department employees and interested volunteers to attend if held in Ashland is estimated at $8,000. By opening the classes up to other area agencies we expect to recover up to $2,000 of that cost. Any money recovered would be returned to the asset forfeiture fund. The leadership training is a three week training course developed by the International Association of Chiefs of Police, held over a three month period. It is the department's intention to train all department managers and supervisors along with selected Police Officer Association members in leadership. This course is consistent with the PERF reports goals of improving the quality of leadership and supervision and changing the department culture. The total cost of the course is estimated at $25,000 to $30,000. By opening the class up to outside agencies we believe we can recover approximately half of that amount. Any money recovered would be returned to the asset forfeiture fund. Equipment The department has recently field tested using Segway's to enhance the effectiveness of our CAP officer. The Segway was found to be highly effective. The total cost of the Segway with a police package, a spare battery and an extended warranty is approximately $8500. Investigative Resources The officer assigned to the regional narcotics task force has already used all of the federally funded overtime for this federal budget year. The department would like to allocate $5000 of asset forfeiture funds for additional overtime so the general fundi is not impacted. Overtime for officers working this type of task force is one of the few instances when asset forfeiture funds can be used to pay police officers. Any money not expended by the end of the federal budget year would be returned to the asset forfeiture fund. Police Operations Many of our existing general orders are out outdated or not consistent with contemporary policing practices. While the accreditation process requires that all policies meet at least minimum standards every three years it is very difficult for a department our size to keep all of our general orders current. Over 300 agencies in California and Oregon contract with a private company named Lexipol to update and customize their general orders. Most of those agencies do an annual maintenance contract that requires Lexipol to update the general orders every six months. They also offer a training service that supplies daily training on policies. The initial cost of reviewing and updating the general orders is $6,000. The annual cost of updating is $2450 and the annual cost of the training is $2000. The total cost of the initial update and one year's service would be $10,400. Since this service is new and not supplanting budgeted money we should be able to pay the on going annual cost of $4450 using asset forfeiture funds as long as those funds are available. Police Facilities Several areas of the station including the booking and integration area are not presently equipped with updated available technology that would improve officer safety and assist in investigations. Some of the furniture and fixtures need to be repaired or replaced. There is not a designated area for interviewing crime victims and witnesses. The existing facility is also very short on storage space and the parking lot needs to be expanded. The total amount of asset forfeiture funds we are requesting be allocated at this time not related to facilities is $61,900. We expect to recover approximately $17,000 of that money by charging outside agencies for training. This allows us to t:xpend approximately another $145,100 this budget year on the police facility The department is working with public works to develop cost estimates and prioritize facilities repairs and improvements. Public works has recommended that an architect be hired to look into the feasibility and estimate the cost of adding additional space for either storage or additional offices. They estimate a maximum cost of $5000 for an architect. An architect's services for this purpose would be an allowable use of forfeiture funds. Any portion of the $5000 not required for the architect would be returned to the forfeiture fund. In order to accomplish all of these goals the department needs to have the first $66,900 in expenditures authorized at this time. Before the end of the calendar year the police department will come back to the City Council with another supplemental budget request to expend the additional $140,100 that needs to be expended this year on police facilities. The following table shows how the police department is recommending that asset forfeiture funds be expended this budget year. Permissible Use Total Allocation Recoverable Cost Net Expenditure Training $38,000 $17,000 $21,000 Equipment $8500 0 $8500 Investigative Resources $5000 0 $5000 Operations $10400 0 $10,400 Contact Services (Facilities) $5000 0 $5000 Facilities $140,100 0 $140,100 Notice of Supplemental Budget A resolution adopting a supplemental budget for the City of Ashland, Jackson County, State of Oregon, for the fiscal year July 1, 2007 to June 30, 2008 will be considered at the Civic Center, 1175 East Main Street, Ashland, Oregon as part of the City's regular business on August 21,2007, at 7:00 p.m. A copy of the supplemental budget document may be inspected or obtained on or after August 16, 2007 at the Administrative Services Department, 20 East Main, Ashland, Oregon 97520 between 8:30 a.m. and 4:30 p.m. A summary of the supplemental budget is presented below. GENERAL FUND Miscellaneous Income (Asset Forfeitures) Police Department Resources $ 66,900 Requirements $ 66,900 TOTAL $ 66,900 $ 66,900 TOTAL ALL FUNDS $ 66,900 $ 66,900 To recognize asset forfeiture revenue received from participation in regional drug task force opEirations and create appropriations in the General Fund, Police Department, restricted by federal requirements for training, equipment, investigative resources, operational costs and professional (architect) services. RESOLUTION NO. 2007- A RESOLUTION ADOPTING A SUPPLEMENTAL BUDGET ESTABLISHING APPROPRIATIONS WITHIN THE 2007-2008 BUDGET Recitals: ORS 294.480 permits the governing body of a municipal corporation to make a supplemental budget for the fiscal year for which the regular budget has been prepared under one or more of the following reasons: a. An occurrence or condition which had not been ascertained at the time of the preparation of a budget for the current year which requires a change in financial planning. b. A pressing necessity which was not foreseen at the time of the preparation of the budget for the current year which requires prompt action. c. Funds were made available by another unit of federal, state or local government and the availability of such funds could not have been ascertained at the time of the preparation of the budget for the current year. d. Other reasons identified per the statutes. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Because of the circumstances stated below, the Mayor and City Council of the City of Ashland determine that it is necessary to adopt a supplemental budget, establishing the following additional appropriations: General Fund Appropriation: Police Department Resource: Miscellaneous Income (Asset Forfeitures) $66.900 $66,900 To recognize asset forfeiture revenue received and create appropriations in the General Fund, Police Department, restricted by federal requirements to pay for training ($38,000), equipment ($8,500), personal services for investigative resources ($5,000), operational costs ($10,400) and professional services (police facility architectural review of $5,000). SECTION 2. All other provisions of the adopted 2007-2008 BUDGET not specifically amended or revised in this Supplemental Budget remain in full force and effect as stated therein. SECTION 3. This resolution takes effect upon signing by the Mayor. This resolution was read by title only in accordance with Ashland Municipal Code Section 2.04.090 duly PASSED and ADOPTED this _ day of August, 2007: Barbara Christensen, City Recorder SIGNED and APPROVED this _ day of August, 2007: John W. Morrison, Mayor Reviewed as to form: Richard Appicello, Interim City Attorney CITY Of ASHI~AND Council Communication AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE, LAND USE ORDINANCE, CONCERNING CONVERSION OF EXISTING RENTALS INTO FOR-PURCHASE HOUSING IN MULTI-FAMILY ZONING DISTRICTS TO PROVIDE ADDITIONAL INCENTIVES, CONTRACTUAL COMMITMENT, DENSITY BONUS AND OTHER VOLUNTARY MECHANISMS TO INCREASE AFFORDABLE FOR-PURCHASE HOUSING STOCKS AND AFFORDABLE RENTAL UNITS IN MULTI-FAMILY ZONING DISTRICTS Avc"t~~~e ~ Meeting Date: , 2007 Primary Staff Contact: Brandon Goldman 552-2076 Department: Community Development E-mail: qoldmanb(a)ashland.or.us Contributing Departments: Legal Secondary Staff Contact: David Stalheim 552-2043 Approval: Martha Benne E-mail: stalheid@ashland.or.us Estimated time (45 min) Request: Review and action regarding amended provisions within the R-2 and R-3 multifamily zones (Chapters 18.24.020, 18.24.030, 18.24.040, 18.28.020, 18.28.030, 18.28.040), and procedures section (18.108.030) of the Ashland Land Use Ordinance relating to the conversion of existing multi-family rental units into for-purchase housing. Background At the April 17, 2007 Council meeting, the Ashland City Council reviewed a draft ordinance regarding the Conversion of multi-family rental units into for purchase housing. The City Council directed staff to explore strategies to provide for rental housing and deed restricted affordable rentals in Ashland. The City Council's motion also instructed staff to not pursue ne90tiated development agreements related to the conversion of multi-family units into for purchase housing until there is a more comprehensive negotiated agreement structure in place. Planning Staff developed the attached ordinance language in response to the Council concerns. Staff presented the draft to an ad-hoc meeting of Planning and Housing Commissioners for their review and comment. This group consisted of two Planning Commissioners, three Housing Commissioners and the Council liaison to the Housing Commission. On April 26, 2007 the full Housing Commission was presented with an update of thE~ ordinance language at their regular meeting. The Commission had comments on the draft as individual members, but did not take any formal action recommending the ordinance to the Council. On June 12, 2007 the full Commission Planning was presented with an update of the ordinance language at their regular meeting. The Planning Commission voted (5-2 decision) to recommend that the Council not adopt the proposed ordinance. Proposal In an effort to address the goal of ensuring a continued supply of rental housing, staff examined the existing ordinance and the ordinance as proposed on April 1 yth. Based on that review, staff developed a new approach that would more aggressively target provision of rental and affordable rental housing through the conversion process. Staff found that by creating a sliding scale by which small developments could convert more units to ownership, and larger units r~' could convert less, an ordinance could be crafted that ultimately provided a balance of new ownership opportunities to retention of rental housing that does not exist under the current ordinance. Limiting the number of ownership units permitted outright in larger existing apartment complexes with the sliding scale would function as an incentive for these large developments to provide more affordable units on a voluntary basis in order to obtain a greater percentage of market rate ownership units through the conversion process. In developments of five units or more, the revised ordinance replaces the affordable ownership option previously presented with deed restricted affordable rental units targeted to households earning 60%AMI or less. In cases where an applicant chose to create as many market rate ownership unils as permissible, or through obtaining relief from non-conformities, the sliding scale methodology outlined in the attached tables would effectively increase the percentage of affordable units from 25% in the current ordinance (either rental or ownership) to a cumulative 42% as affordable rentals only. Given the nature of small developments of four units or less, deed restricting a single unit as an affordable rental may prove to be difficult both in terms of finding buyers to manage a one-unit affordable rental, as well as in enforcing the occupancy by a qualified household. For this reason it may be reasonable to exempt such small developments from meeting the affordable "rental" requirement. However, in exchange for relief from non-conformities the City may allow for the voluntary provision of affordable "ownership" opportunities in duplexes, triplexes and four-plexes. There are three different paths a declarant could take to convert existing rentals into for purchase housing: 1 ) No relief from non-conformities. When an applicant needs no relief from non- conformities, and the property is in compliance with site review and density requirements, they could elect to convert a percentage 'of the development into for-market ownership and the remainder would be market rentals. There are two notable exceptions to this general rule, units of less than 4 units could convert 100% of the complex into for-purchase housing, and complexes of 9reater than 49 units could not convert any into for-purchase under this alternative. 2) Relief from non-conformities, rental option. When an applicant is seeking relief from existing non-conformities, they could obtain such relief through the voluntary provision of affordable deed restricted rental units. Complexes of 4 units or less could provide a deed restricted ownE~rship unit. In this alternative, the applicant must retain a percentage of market rate rentals. Number of parking spaces (car and bike), fire safety, landscaping and irrigation, trash and recycling enclosure, driveway screening, sidewalks on property frontage, and street trees requirements all shall come into compliance with current standards without relief. Density bonus equal to affordable units provided is allowable. 3) Relief from non-conformities, affordable rental option. An additional option for consideration would be to allow for a greater percentage of market rate ownership units only when a greater percentage of affordable rentals are provided. Under the proposed distribution matrix, for every affordable rental unit (targeted to 60%AMI) provided in excess of the percentage required in Table 2 (attached), an equal percentage of for market ownership could be allowed. This voluntary submission to affordability provisions, including but not limited to relief from non-conformities, would simultaneously increase number of ownership units and the number of deed restricted affordable rentals. In these last two scenarios where an applicant either requests relief from non conformities or voluntarily chooses to provide more affordable rentals on an incentive basis in exchange for 2 more ownership units, the underlying objective of retaining rentals, and specifically affordable rentals, is met. CITY OF ASHLi\ND Procedures: The three separate alternatives above could all be processed as permitted uses subject to a clear delineation of what relief from non-conformities is explicitly allowable under alternatives 2 or 3 above. Since this ordinance addresses existing buildings which are not proposed for relocation, the location, size, and number of units within an existing apartment building is fixed and not subject to change. As such, the ordinance would grant relief from non-conformities (subject to their voluntary contributions) for those pre-existing conditions including: · Maximum Permitted Floor Area · Minimum density · Side, Front and Rear Yard Setbacks · Separation between buildings · Solar setback · Building length · Building height · Driveway width or length · Orientation · Location of existing parking · Percentage of existing coverage Other land use standards can be remedied in any conversion process. As such, relief from non conformities such as number of parking spaces, bike parking, fire code requirements, trash and recycling enclosures, and adequate public facilities and utilities would not be allowecl by this proposal. Ordinance adoption process: The ordinance presented to the City Council at this time incorporates significant modifications from the original ordinance reviewed by the Planning Commission on April 1 ih 2007. At that time the City Council approved the Tenant Rights Ordinance and Building Code Ordinance amendments relating to conversions. The City Council initiated their review of the ordinance on April 1 ih and continued the public hearing to June 19, 2007. On June 19th the City Council will continue the public hearing and consider the proposed modifications as a first reading of the proposed ordinance. The City Council may approve of first reading of the ordinance as presented, or with modifications, and schedule second reading (July 17, 2007). Alternatively, the council could continue the hearing for significant changes or deny the proposed ordinance modifications. Related Policies A complete listing of related policies was included in the Council Communication dated April 17th, 2007. The criteria for a legislative amendment to the land use ordinance are as follows: 3 r~' 18. 108. 170.A. It may be necessary from time to time to amend the text of the Land Use Ordinance or make other legislative amendments in order to conform with the comprehensive plan or to meet other changes in circumstances and conditions. A legislative amendment is a legislative act solely within the authority of the Council. The establishment of criteria of approval establishing a requirement to retain rental units, or to provide a percentage as affordable housing, for the conversion of existing apartments into for- purchase housing is supported by both local Council Goals, elements within Ashland's Comprehensive Plan, the Ashland Housing Needs Analysis (2001) and Affordable Housing Action Plan, and the Oregon's Statewide Planning Goals and Guidelines. Recommendations: The proposed version of the ordinance currently being presented to Council was presented to the Condominium Conversion Ad-Hoc Committee on May 17, 2007. The Housing Commission reviewed the proposal on May 24,2007 and the Planning Commission on June 12, 2007. Housing Commission and Ad Hoc-Committee Reviews The Ad Hoc Committee consisted of two Planning Commissioners, three Housing Commissioners and the Council liaison to the Housing Commission. · The ,Ad-Hoc Committee and the Housing Commission both felt the sliding scale matrix concept had merit in addressing the need to regulate conversions with the goal of preserving rental housing stock, while still creating opportunities for affordable housing. There was support for the relief from non conformities to be an incentive to provide affordable units. · The Housing Commission and ad-hoc committee both examined the distinction between ownership and rentals and found that the provision for all units in complexes of four units or less to be converted to ownership was practical given the difficulty of regulating a 1- unit rental. · Members on both the Ad Hoc Committee and Housing Commission stated that the cate~lories based on number of units could potentially be adjusted to effectively preserve more rental units. It was discussed that categories could potentially be adjusted as indicated in the example below to reduce the percentage of ownership allowable overall. Existing categories in proposed ordinance '1-4 units 5-12 units '13-24 units 25-48 units 49 + % ownership allowable (no non- conformities) 100% 75% 50% 25% 0% potential cate ories 1-4 units 5-10 units 11-20 units 21-40 units 41 + % ownership allowable (no non- conformities 100% 75% 50% 25% 0% · Concerns were raised about the complexity of the ordinance, although some members also l:;xpressed that the table for alternatives 1, 2, and 3, based on the number units in a 4 development, simplified the application of the ordinance by readily determining the number and type of units required in each option. CITY OF ASHLi\ND · It was stated that the alternative that allows for a greater allowance of ownership on a voluntary basis (option 3) simultaneously reduced the total number of rentals in favor of affordable rentals. Although the benefit of more deed restricted affordable units would be realized, a concern was raised that the reduction in market rate rentals (and net rentals in general) could adversely affect market rents. Planning Commission Review and Recommendation The Planning Commission reviewed the proposed ordinance on June 12'h and a number of Commissioners voiced specific concerns: · that the proposal lacked information regarding both the need being addressed as well as the potential impacts of the ordinance if enacted. · that the proposal created a staff burden for the City to monitor compliance and occupancy of affordable rental units once created. · The imposition of such an ordinance may provide a disincentive to developers of multi- family units to build apartments in the future. · Commissioners expressed that the ordinance as drafted is complex and difficult to understand · The Commission Chair specifically recommended that the City Council review the last 45 minutes of the June 12'h Planning Commission meeting in advance of their review of the ordinance noting the difficulty in summarizing what was an inclusive discussion of various viewpoints. At the conclusion of the review, the Planning Commission voted to recommend that the Council not adopt the proposed ordinance by a 5-2 decision. Staff Observations Staff believes the ordinance can be applied to applications for conversion. The ordinance as crafted serves the stated goal of retaining existing rental units and the objective of providing an incentive base for the inclusion of affordable housing. Ultimately the ordinance creates more affordable housing opportunities than the existing ordinance, and those units would be affordable rental units targeted to households earning 60%AMI as opposed to ownership units targeted to households at 80%AMI, as is allowable under the current ordinance. The current ordinance allows conversions where 100% of the complex is converted to ownership and no retention of rental units is required. The ordinance as proposed will retain rental units for all complexes excepting developments of 4 units or less. 5 ~.. raa"1 Council Options: · Approval of First Reading of the ordinance as presented and schedule second reading by title only. · Approval of First Reading of the ordinance and direct staff to incorporate changes as recommended by Council and schedule second reading by title only. · Continue the hearing and direct staff to modify the ordinance and return with a revised draft for first reading. · Deny the ordinance as proposed. Attachments: · Ordinance No. Amending the Land Use Ordinances Concerning Conversion of existing multi-family rental units into for-purchase housing (Chapters 18.24.020, 18.24.030, 18.28.020 and 18.28.030) of the Ashland Land Use Ordinance · Exhibit A: Options for Conversion Matrix · Exhibit B : Actual Unit Table: Conceptual Conversion Alternatives Provided in the April17'h 2007 Council Packet · Applicable Oregon Revised Statutes · Table showing 2007 Fair Market Rents as defined by HUD · Table showing 2007 Area Median Income including 60% and 80%AMI · Resolution 2006-13 (SDC Deferral Program) · Staff I~eport dated October 10, 2006 · Planning Commission Study Session July 25, 2006 · 10/24/2006 - Planning Commission Public Hearing minutes · 10/10/2006 - Planning Commission Public Hearing minutes · 8/21/2006 - Housing Commission public hearing minutes · 7/25/2006 - Planning Commission Study Session minutes · 7/20/2006 - Ad-Hoc Committee meeting - and Planning Commissions minutes · 6/27/2006 - Joint Housing and Planning Commission Study Session minutes Letters Attached: · Philip Lang Letter dated March 26, 2007 · Melanie Mindlin Letter dated April 11, 2007 · Don Skillman Letter dated July 28, 2006 · Brandon Goldman response to Melanie Mindlin letter (questions) dated June 11 2007. 6 ORDINANCE NO. AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE, LAND USE ORDINANCE, REGARDING CONVERSION OF EXISTING RENTALS INTO FOR-PURCHASE HOUSING IN MULTI-FAMILY ZONING DISTRICTS. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: Annotated to show deletions and additions to the code sections being modified. Deletions are . and additions are in bold. SECTION 1. Section 18.24.020. of the Ashland Municipal Code is amended to add the following new paragraph 18.24.020. K, as follows: K. Conversion of existing multi-family rental units into for- purchase housing when authorized in accordance with Chapter 18.24.040 (L). SECTION 2. Section 18.24.030.J. of the Ashland Municipal Code is amended to read as follows: J. Condominium conversion of existing rent:J1 units subject to :J Type I procedure :Jnd demonstr:Jtion th:Jt :Jt le:Jst 25% of the residenti:J1 units :Jre :Jfford:Jble for moder3te income persons in 3ccord with the st3nd:Jrd-s est:Jblished by resolution of the l\shl3nd City Council through procedures cont3ined in s:Jid resolution. Current residents of rent:J1 units proposed for conversion to condominiums sh311 h:Jve first right of retUS:J1 to purchase the unit. SECTION 3. Section 18.24.040. of the Ashland Municipal Code is amended to add the following new paragraph 18.24.040. L, as follows: L. Conversion of existing multi-family dwelling rental units into for- purchase housing including the demolition of existing multi-family dwelling rental units, is subject to the following: 1) Existing multi-family rental unit structures may be allowE!d to convert all or a portion of the structure as set forth in Table 1 provided that the existing structure meets the following general regulations of the zoning district: permitted density, yard requirements, maximum height, maximum lot coverage, CONDO CONVERSION ORDINANCE AMENDMENT 1 of8 outdoor recreation space, maximum permitted floor area, waste enclosures, parking and bike storage. Table 1 Affordable Affordable Rentals(per Ownership (per Section Number of Dwelling Market Rate Section Market rate 18.24.040.L.5 Units on Tax Lot Ownership 18.24.040.L.5.B rentals .A) 2-4 100% 0% 0 0% 5-12 75% 0% 25% 0% 13-24 50% 0% 50% 0% 25-48 25% 0% 75% 0% 49+ 0 0% 100% 0% 2) Existing multi-family rental unit structures may be allowed to convert all or a portion of the structure as set forth in Table 2 and the standards below when the existing structure does not meet anyone or more of the following general regulations of the zoning district: permitted density, yard requirements, maximum height, maximum lot coverage, outdoor recreation space, and maximum permitted floor area. a. Conversion of an existing multi-family structures to for- purchase housing shall comply with the following general regulations and the site design and use standards of the zoning district: number of bike and automobile parking spaces, trash and recycling enclosures. b. Conversion of existing multi-family structures to for- purchase housing shall demonstrate that there are adequate public facilities and public services available to serve the development, including but not limited to water, sewer, electric, fire protection, and storm drainage. c. Conversion of existing multi-family structures to for- purchase housing shall improve the street frontage to meet adopted Ashland Site Design and Use Standards and Street Design Standards, including landscaping, sidewalks and street trees. CONDO CONVERSION ORDINANCE AMENDMENT 20f8 Table 2 Affordable Affordable Ownership Rentals(per Number of Dwelling Market Rate (per Section Market rate Section Units on Tax Lot Ownership 18.24.040.L.5.B rentals 1 B.24.040.L.5.AI 2-4 75% 25% 0 0% 5-12 5625% 0% 25% 18.75% 13-24 3750% 0% 50% 12.50% 25-48 18.75% 0% 75% 6.25% 48+ 0.00% 0% 100% 0.00% 3) As an incentive to provide affordable rental housing units above minimum requirements in projects of five or mOrE! units, an applicant shall be granted an equal percentage of for- market ownership units per Table 3. Table 3: Affordable Affordable Ownership Ftentals(per Number of Dwelling Market Rate (per Section Market rate Section Units on Tax Lot Ownership 18.24.040.L.5.B rentals 18.:24.040.L.5.A) 2-4 na na na na 5-12 68.75% na 0% 31.25% 13-24 62.50% na 0% 37.50% 25-48 56.25% na 0% 43.75% 48+ 50.00% na 0% 50.00% 4) Units designated as market rate or affordable rental units shall be retained as one condominium tract under one ownership. This remaining rental tract shall be restricted from further consideration of conversion to for-purchase housing. 5) Affordable Housing Units provided under 18.24.040 L(2) and 18.24.040 L(3) shall meet the following affordability standards: a. Affordable Rental Units shall be affordable for rent by households earning at or below 60% of the area mE!dian income in accordance with the standards established by Resolution 2006-13, as now or hereafter amended by the Ashland City Council. b. Affordable Ownership Units shall be affordable for purchase by households earning at or below 80% of the' area median income in accordance with the standards established by Resolution 2006-13, as now or hereafter amended by the Ashland City Council. Resolution 2006- CONDO CONVERSION ORDINANCE AMENDMENT 30f8 13 is specifically incorporated herein by this reference and attached hereto as Appendix A. 6) Prior to offering any units for sale the developer must comply with section 15.104 of the Ashland Municipal Code 7) Conversion of existing rental units into for-purchase housing shall comply with the tenant rights provisions under Chapter 10.115 of the Ashland Municipal Code. SECTION 4. Section 18.28.020. of the Ashland Municipal Code is amended to add the following new paragraph 18.28.020. K, as follows: K. Conversion of existing rental units into for-purchase housing when authorized in accordance with Chapter 18.28.040 (L) SECTION 5. Section 18.28.030.J. of the Ashland Municipal Code is amended to read as 'follows: J: Condominium conversion of existing rent31 units subject to 3 Type I f)fQcedure 3nd demonstr3tion th3t 3t 103st 25% of tho residenti31 units 3re alford3ble for moder3te income persons in 3ccord with the st3nd3rds est3blished by resolution of the ,A.shl3nd City Council through procedures €ont3ined in s3id resolution. Current residents of rent31 units proposed for €onvorsion to condominiums sh311 h3ve first right of refus31 to purch3se tfle unit. SECTION 6. Section 18.28.040. of the Ashland Municipal Code is amended to add the following new paragraph 18.28.040. L, as follows: L. Conversion of existing multi-family dwelling rental units into for- purclhase housing including the demolition of existing multi-family dwelling rental units, is subject to the following: 1) Existing multi-family rental unit structures may be allowed to convert all or a portion of the structure as set forth in Table 1 provided that the existing structure meets the following general regulations of the zoning district: permitted density, yard requirements, maximum height, maximum lot coverage, outdoor recreation space, maximum permitted floor area, waste enclosures, parking and bike storage. CONDO CONVERSION ORDINANCE AMENDMENT 40f8 Table 1 Affordable Affordable Hentals(per Ownership (per Section Number of Dwelling Market Rate Section Market rate 1 B.28.040.L.5 Units on Tax Lot Ownership 18.28.040.L.5.B rentals .A) 2-4 100% 0% 0 0% 5-12 75% 0% 25% 0% 13- 24 50% 0% 50% 0% 25-48 25% 0% 75% 0% 49+ 0 0% 100% 0% 2) Existing multi-family rental unit structures may be allowed to convert all or a portion of the structure as set forth in Table 2 and the standards below when the existing structure does not meet anyone or more of the following general regulations of the zoning district: permitted density, yard requirements, maximum height, maximum lot coverage, outdoor recreation space, and maximum permitted floor area. a. Conversion of an existing multi-family structures to for- purchase housing shall comply with the following general regulations and the site design and use standards of the zoning district: number of bike cmd automobile parking spaces, trash and recycling enclosures. b. Conversion of existing multi-family structures to for- purchase housing shall demonstrate that there am adequate public facilities and public services availlable to serve the development, including but not limited to water, sewer, electric, fire protection, and storm drainage. c. Conversion of existing multi-family structures to for- purchase housing shall improve the street frontag1e to meet adopted Ashland Site Design and Use Standards and Street Design Standards, including landscaping, sidewalks and street trees. CONDO CONVERSION ORDINANCE AMENDMENT 5of8 Table 2 Affordable Affordable Ownership Rentals(per Number of Dwelling Market Rate (per Section Market rate Section Units on Tax Lot Ownership 18.28.040.L.5.B rentals 18.28.040.L.5.A) 2-4 75% 25% 0 0% 5-12 56.25% 0% 25% 18.75% 13-24 37.50% 0% 50% 12.50% 25-48 18.75% 0% 75% 6.25% 48+ 0.00% 0% 100% 0.00% 3) As an incentive to provide affordable rental housing units above minimum requirements in projects of five or more units, an applicant shall be granted an equal percentage of for- market ownership units per Table 3. Table 3: Affordable Affordable Ownership Rentals(per Number of Dwelling Market Rate (per Section Market rate Section Units on Tax Lot Ownership 18.24.080.L.5.B rentals 18.28.040.L.5.A) 2-4 na na na na 5-12 68.75% na 0% 31.25% 13-24 62.50% na 0% 37.50% 25-48 56.25% na 0% 43.75% 48+ 50.00% na 0% 50.00% 4) Units designated as market rate or affordable rental units shall be retained as one condominium tract under one ownership. This remaining rental tract shall be restricted from further consideration of conversion to for-purchase housing. 5) Affordable Housing Units provided under 18.28.040 L(2) and 18.28.040 L(3) shall meet the following affordability standards: c. Affordable Rental Units shall be affordable for rent by households earning at or below 60% of the area median income in accordance with the standards established by Resolution 2006-13, as now or hereafter amended by the Ashland City Council. d. Affordable Ownership Units shall be affordable for purchase by households earning at or below 80% of the area median income in accordance with the standards established by Resolution 2006-13, as now or hereafter amended by the Ashland City Council. Resolution 2006- CONDO CONVERSION ORDINANCE AMENDMENT 60f8 13 is specifically incorporated herein by this refHrence and attached hereto as Appendix A. 6) Prior to offering any units for sale the developer must comply with section 15.104 of the Ashland Municipal Code 7) Conversion of existing rental units into for-purchase housing shall comply with the tenant rights provisions under Chapter 10.115 of the Ashland Municipal Code. SECTION 7. Section 18.108.030 A., of the Ashland Municipal Code, paragraph 8 is hereby amended and a new paragraph 9 is added to reflect a new Staff decision: 8. Conversion of existing rental units into for-purchase housing (18.24.020, 18.28.020) Other pl~nning ~ctions not othor-vise listed or design~ted ~s ~ Type I, " or III procedure. 9. Other planning actions not otherwise listed or designated as a Type I, II or III procedure. SECTION 8 Severability. If any section, provision, clause, sentence, or paragraph of this Ordinance or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other sections, provisions, clauses, or paragraphs of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. SECTION 9. Savings Clause. Notwithstanding this amendmenUrepeal, the City ordinances in existence at the time any criminal or civil enforcement or other actions were commenced, shall remain valid and in full force and e1fect for purposes of all cases filed or actions commenced during the times said ordinance(s) or portions thereof were operative. SECTION 10. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", or another word, and the sections of this Ordinance may be renumbered, or re-Iettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 5-7) need not be codified. CONDO CONVERSION ORDINANCE AMENDMENT 70f8 The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of , 2007, and duly PASSED and ADOPTED this day of , 2007. Barbara M. Christensen, City Recorder SIGNED and APPROVED this _ day of ,2007. John W. Morrison, Mayor Reviewed as to form: Richard Appicello, Acting City Attorney CONDO CONVERSION ORDINANCE AMENDMENT 80f8 Options for Conversion Matrix Table 1: No Non-conformites; no affordability requirements Number of Units 2-4 5-12 13-24 25-48 49+ Market Rate Ownership 100% 75% 50% 25% o Affordable Ownership 0% 0% 0% 0% 0% Market rate rentals o 25% 50% 75% 100% Affordable Rentals 0% 0% 0% 0% 0% No relief from non-conformities, Property in compliance with site review standards including minimum density. no density bonus points necessary to allow conversion. Table 2: Relief for Non-conformities Number of Units 2-4 5-12 13-24 25-48 48+ Market Rate Ownership 75% 56.25% 37.50% 18.75% 0.00% 25% 0% 0% 0% 0% Market rate rentals o 25% 50% 75% 100% Affordable Rentals (25% of the allowable ownership units from table 1) 0% 18.75% 12.50% 6.25% 0.00% Relief from existing non conformities to include: minimum density, setbacks, height, seperation between buildings. building length. lot coverage. mpfa, and driveway width ~ength. Number of parking spaces (car and bike), fire safety, landscaping and irrigation. trash and recycling endosure, driveway screening, sidewalks on property frontage, and street trees reqUirements all shall come into compliance with current standards without relief. Density bonus equal to affordable units provided is allowable. Table 3: Voluntary increase in affordable rentals in exchange for an equal increase in percentage of market ownership Number of Units 2-4 5-12 13-24 25-48 AO, .....OT Market Rate Ownership na 68.75% 62.50% 56.25% 50.00% na na na na na Market rate rentals na 0% 0% 0% 0% Affordable Rentals na 31.25% 37.50% 43.75% 50.00% An additional option for consideration would be for every affordable unit provided In excess of the percentage required in Table 2. an equal percentage of for market ownership could be allowed. This voluntary submission to affordability provisions, including but not limited to relief from nonconformities. would similtaneously increase number of ownership units and the number of deed restricted affordable rentals. \'\ :x y V +- )7 lxh,b\'+ b A'2ILi/~L UNIT T ~\J:)U:: Conceptual Conversion alternatives Option 1 Option 2 Option 3 a a Number market affordable market rentals rentals of Units ownership rentals ownership ownership rentals (round up) ownership (round up) - 78 0 78 0 78 0 39 39 c o ~ '" 0 62 0 62 0 62 0 31 31 Ol Ol '" Ol E )( ."!:: 0 51 0 51 0 51 0 25 26 t~e <Il c. :J E C.EOl 50 0 50 0 50 0 25 25 <(0"'<1" u 49 0 49 0 49 0 24 25 Total units 2~IO 0 290 0 290 0 144 146 a"~, % 0% 100% 0% 100% 0% 50% 50% '" 46 35 8 35 3 25 21 Oleo )("'<1" 44 33 8 33 3 24 20 ~-o c.e 40 30 7 30 3 22 18 E <Il o ll') '" l) N .~ 35 27 6 26 3 19 16 _ e e e :J Ol Ol 3:2 24 6 24 2 18 14 E Ol t}. 30 23 5 23 2, 16 14 <Il Ol c..D <( 2a 21 5 21 2 15 13 Total units 2fi5 193 45 192 18 139 116 '~Y;'I.{~i 76% 18% 75% 7% 55% 45% ~ 24 12 9 12 3 15 9 e 2:2 11 8 11 3 13 9 Ol Ol }. 21 11 7 11 3 13 8 Ol .D '" 19 10 7 9 3 11 8 fJ)~ Ol e 18 9 6 9 3 11 7 )( :J ~. C.N 17 9 6 8 3 10 7 E-o 0 e 113 8 6 8 2 10 6 U <Il C 1'- 8 5 8 2 9 6 Ol ,J E 14 7 5 7 2 6 t 8 <Il c. 13 7 4 7 2 8 5 <( Total units ~i~d~to2o 149 101 147 42 175 115 51% 35% 51% 14% 60% 40% ",t! 1:2 3 6 3 3 8 4 Ol .- )( e 11 3 6 2 3 Ol :J 7 4 c.~ E-o 10 3 5 3 2 6 4 o e .:: <Il 9' 3 5 2 2 6 3 ell') Ol e 8 2 4 2 2 5 3 E Ol t Ol 7 2 3 2 2 4 3 ~}. <( Ol E 2 3 1 2 4 2 .D 4 2 NA 2 1 3 2 128 172 91 89 223 129 36% 49% 26% 25% 6;~% ~70f0 ~~~ 0 3 - 0- 0 2 0-0.....)( ;:l .- ;:l u.bS 0 1 0 400 59% Page 1 of3 Melanie, Thanks first off for the advance questions. It does help ensure that at the meeting I'll be better able to address the specific questions that would arise. I will attempt to address your questions below in this email, but undoubtedly there will be more to follow at the meeting. --~._._-----------~---~--~-~-----"~------._._-~--_._-~-------------------- 1) In rel'ielving the Renral Needs A n ail'S is, I noticed the jollOlving: Slide #5 shows rents rising at 2.7%, the same as inflation. but income rising 3.2% Slide #6 says we've seen a decrease oj percentage paidfi'om 56% to 49 % O1'er an unknown period of lime. Then on #11, il states thai "re11l01 rOles will continue 10 increase al rOlesfar in excess o(income grOlvth in the near lerm dril'ing man)' households out of Ash/and. Can someone explain the logic here? The Rental Needs Analysis is conclusive in its projection that rents will rise in the immediate and near future at a more dramatic rate than historically. In short the dramatic change in purchase prices will place greater demand on the rental market and also allow those with higher incomes to pay more for rent (now that they are priced out of buying). The stats you reference are what has happened in the rental market over the last 6 years, however the Analysis predicts a rental market correction in the very near future. The report even notes that rents have increased $50-$100 since mid 2006. Essentially there is room to move in the rental market due to the rental/housing cost ratio, thus rents will move to close the gap. Below is an excerpt from the Rental Needs Analysis that explains the rationale behind the projection well: Home Cost Ratio The ratio of owning versus renting a home is important because in a normal market, as home prices increase, rents usually follow suit. However, this has not been the case in Ashland. From 2000 to 2006, th,'J median home price in Ashland increased from $210,000 to $430,000, while rental rates have been flat. As a result: 1. The cost ratio of owning to renting is much higher in Ashland. Currently homeowners pay approximately four times the amount renters pay on a monthly basis, compared to ownership costs that are only 1.5 to 2.6 times higher than the cost of renting in other areas analyzed in this report. 2. The cost ratio of owning to renting in Ashland has been increasing faster than statewide or national ratios. Over the last six years, the home cost ratio in Ashland increased by 52%. The implication of these findings is that rental rates in Ashland are likely to increase substantially in the near future. To bring the city's home cost ratio back to what it was in 2000, rents would need to increase by an average of approximately $350 per month. While this magnitude of increase is not likely to be supported by the market in the near-term, there is clearly a lot of room for rental rates to increase while still remaining at a substantial discount from home costs. Under these conditions, the market is expected to begin to trend back toward a lower home cost ratio through increasing rents. Expert Interviews with five Ashland rental property managers/owners confirmed these findings. In fact, they all indicated that rents have already begun to increase. Since early to mid-2006, these experts indicated rental r'JIes hav,'J risen approximately $50-$100 per unit. At an average price of roughly $700, this represents a 7% to 14% increase in less than one year. This increase was attributed to both the high demand for affordable housing and the rapidly rising property values in Ashland. ( Rental Needs Analysis attached electronically to this email) . 2) Nonvithstanding the solutions of creating strong policies. leadership and staff time to develop expertise, the conclusions of the analvsis are 1'irtual1v 011 government subsidiesfor affordable rental housing: write down land costs, reduce fees, and seek grantsji-om state andfederal government. The onlv suggestion relemnt to the lvork of the PC is to increase land supply with requirements. Is there a reason whJ.' restricting condo cOI7l'ersion is not mentioned specificall)!? The Rental Needs Analysis does mention condominium conversions specifically but recognizes that this trend is not the primary issue facing Ashland's rental market, rather the lack of development of new rentals and market conditions that don't favor their development (relatively low rents vs high land costs and low availability). Below is a statement made by Ferrarini regarding condominium conversions in the report: fi]e://C:\Documents and Settings\goldmanb\Local Settings\Temp\GW} 00002.HTM I 6/13/2007 Page 2 of3 There are ather regulatory tools that may also be considered, including a condominium conversion ordinance, which would limit the number of rental units that could be converted to for-sale properties. These policies are helpful, but they do not address the underlying problem, and do not represent a solution by themselves. 3) This brings me back to a question that was listed in the minutes of the City Council: Can we create zoning which restricts usage to rental homing') It seems very Il1lp0l1ant to find out the answer to this question in order to understand our options. The ordinance as presented does "restrict usage to rental housing" by limiting the amount of for-purchase allowable. In a more comprehensive approach to addressing Ashland's rental housing needs the question of outright permissible usesoin multi-family zones is an important one. The question of whether we as a City want mixed income neighborhoods and variable housing types (owner I renter mix as well), or a rental only zone is part of that broader policy discussion. Creating a new zoning designation to apply to land yet developed to promote specific housing types is as you are aware a comprehensive planning issue and one that needs considerable community input to evaluate fully. Although I can see the clear association between the development of new housing on our remaining lands, and whether it is rental or ownership housing by design, and the conversion of existing rentals into ownership, I believe the "options" you are examining go well beyond modifying the condominium conversion requirements. The ordinance as presented is not intended to eliminate existing permitted uses in the R-2 and R-3 zones but rather exclusively address the conversion of existing rentals into for purchase housing. 4) The other question which is unanswered in my mind is: 1vhy we are targtting a 50-50 split behveen allowed condo conversion and retained rentals as a baseline. In my pre1'ious letter 1 questioned the legality of the whole ordinance, and have not yet heard any response Ai)' poim is. if it is legal to require 50-50, then would it not be legal to require that 75% be lej? rentals? Whv not 90'-!.o? It would seem.fi"Om the nnv proposal that it is thought to be legal to allow a lower amoum of conversion for some properries. 1 continue to think that our conversation should be addressing the question of how to minimize the loss of rentals in general by lowering the amount of conversions. Yet instead o(1Olvering the rate ol'erall, we continue to distribuie a 50-50 rate of conversion 1 would like to know 11:hy that is. Our present ordinance has no requirement for rentals, 100% of the units can be split into individual units and sold, although 25% would be sold as affordable. The purposes of the revisions was to make the provision of affordable housing a voluntary act, or an exchange for relief from zoning requirements (non-conformities). This remedies a current concern that the current requirement could be seen as inclusionary zoning. The loss of rental housing was also a concern and thus both versions of the proposed ordinance aimed to preserve some measure of rental housing stock. In no case was there any consensus policy direction provided that the purpose of the ordinance would be to stop condominium conversions. The sliding scale method presented in the proposed ordinance is an improvement over the existing ordinance in that it does restrict the conversion of 100% of units into ownership for all developments of 5 or more units. In terms of the legality of the ordinance the Assistant City Attorney had reviewed the ordinance methodology while under development and felt that it was defensible means of regulating condominium conversions. He has not yet completed his review of the written ordinance and thus I can not at this point respond to the questions of legality. That will likely be a point of discussion at tomorrow's meeting. 5) Somewhere inlhe notes Ijusl read. Ihen' "'(IS 17 requestfor more informalion on the size ofrenll71 complexes in Ashl17nd. In order 10 make an informed decision onlhe bene(ils of Ihe range of con\'ersion raIl'S inlhe new proposal, we need 10 knoll' hOlt' our reJ7/als arc dislribuled amongsllhese differenl sizes of complexes. I am personally nol aware of a 101 of large apartmenl complexes in Ashland. teading me to spec1/ta!e IhOl by goillg H'ill1 Ihe range lve wOllld be decreasing the renlal relelltions ralher Ihan increasillg it. Howe I 'er, lFithollt stalistical analysis. I can 'I kl1011" 1I11al HE are accomplishing. Is il possible 10 get Ihis mfOr7nalioll.? The Commission's packet included a table (attached to this email -actual unit table) that quantifies the total number of units in each unit size division within the City and further shows the potential distribution of affordable and rental units depending on the option selected. Looking at the percentages in each category you can assess the potential impact of the proposed ordinance on the actual complexes in Ashland: for example 290 units exists in complexes of greater than 49 units and 100% of these wold be retained as rentals under options 1 and 2, Under option 3 the project could be split into 50% market ownership. and 50% deed restricted affordable rentals. file://C:\Documents and Settings\goldmanb\Local Settings\Temp\GW}00002.HTM 6/13/2007 Page 3 of 3 6) A Ilhough llhink thai Oplion 2 oflhe new proposal is an IlJleresling choice. I c011linue 10 be dislurbed by Ihe assumplion Ihal reslricling Ihe affordability of some renlals is a good Iradefor hOl'ing more rentals con1'erted 10 ownership as suggesred by Oplion 3 o(rhe proposal. I nolice Ihol qlleslions have been rOlsed previouslv about/his. Whv do we c011linue /0 inclllde Ihis oplion? We know that both rental housing in general (market rate) and affordable housing (deed restricted) is needed. Your question involves a policy consideration as to whether we should focus the regulation to promote one over another. The Option 3 is included as Staff received direction from Council to craft an ordinance that functioned to both preserve existing rental housing (market rate) and to provide new deed restricted affordable housing units. Option 3 uses the incentive of more market rate ownership units to exact more affordable rentals, Remember that these "affordable" units are targeted to households earning 60% the Area Median income. As an example a 2 bedroom market rate unit may rent for $750-800 whereas a regulated affordable unit under this ordinance would rent for just under $600, A Housing Commissioner also voiced concern over the reduction in total rental units resulting from Option 3 when compared to Option 2. Ultimately it is a policy consideration as to what target population the ordinance is trying to serve. More market rate renal units would benefit households earning more than 80%AMI, whereas more affordable rentals would benefit households earning less than 60% AMI. Thus your question is likely better answered by your fellow commissioners and City Council. .---------- ------- -- -- ----- ~._--._.__._-----~-----~--.__.~----- ----- -- - -"-- -- -----~-~-~--._._-------- ------ --.. ~-_.-----_._-- 7) I don 'I see Ihe new language mel1lioning "nE'gOliared solllllons Is Ihis option no longer being considered? All mention of negotiated agreements has been eliminated as you noticed. The motion from the City Council upon reviewing the prior proposal explicitly requested that the concept of development agreements be removed from the ordinance. In the future, when the City has established procedures for Negotiated Developer Agreements it may be further considered as a mechanism to utilize for Condominium Conversions, but until it is developed, Staff was directed to remove such language from this draft. I hope this response helps address some of your questions and as I imagine other Commissioners had similar concerns this email likely will benefit them as well. See you tomorrow evening. Brandon Brandon Goldman City of Ashland Planning Dept. 20 East Main 51. Ashland, OR 97520 Goldmanb\a>ashland. or. us 541-552-2076 TTY#: 800-735-2900 This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records law for disclosure and retention. If you have received this message in error, please contact me at (541)552-2076. Thank you. file://C:\Documents and Settings\goldmanb\Local Settings\Temp\GW}00002.HTM I 6/13/2007 Page I of] Brandon Goldman - Condo Conversion ;"',;"''''':''0. :""""'O"'''*x~_'>,-''''..:' ..~.~ '",~'L,~~~...'t;,.':,:,...",:,,;,7.":;"':.t;~..t' ;;,:....\Vo(<_'!<.~,"t,<"'-','......... .~."'''''-r'.,;~~.",..f,\if;';.I~.!'C~...~.~.::t.,.'~..., t. :.."...!,',.,t,-,.E';Jo_....."'I'<;;.1...,;;;r...!'.~y..t~""':..Ir;..~:<..P~7I:'; .r,1;'i,.:><.'tJ'<<:I--;,-~"""!.II"'''''''.k:..':\.ot::,''N!''..i~~'''"",~~'r;;-:-'''''''':'_:"'.....-,,_._<,,,.'= ("-.:11:.-11);';;","_ From: To: Date: Subject: CC: Melanie Mindlin <sassetta@mind.net> David Stalheim <stalheid@ashland.or.us>, Brandon Goldman <goldmanb@ashland.or.us> 4/] 1/2007 2:02 PM Condo Conversion John Fields <golden-fields@charter.net>, Pam Marsh <pam.marsh@gmail.com>, Tom Dimitre <dimitre@mind.net>, Olena Black <plan@aoblack.com>, David Dotterrer <dotter@mind.net>, John Stromberg <pcstromberg@opendoor.com>, Michael Dawkins <michaeltdawkins@yahoo.com>, Mike Manis <msquared@mind.net>, Cate Hartzell <cate@mind.net> - '~-"'--"-""-"- ._-------_._---~_._._- Dear David, Brandon and Commissioners. I have thought further about our discussion on the proposed Condominium Conversion Ordinance and would like to share these thoughts with you, inviting your comments, with an eye towards submitting a letter to City Council on the matter. ]) It is the opinion of the Housing Commission, and peThaps all city officials, that having rental housing is the most important thing we can do to have affordable housing in the City. Analysis of rental housing shows that prices are lower than most of the state and fall within or close to the targets for income levels targetted by the existing and proposed conversion ordinance. There aTe no trends indicating that this will be changing. In addition, as Michael Dawkins brought to our attention. apartment rentals are generally permanent housing for their occupants which will not be lost due to turnover in ownership. This raises a question in my mind about why we would want to offer incentives to going for Conditional Use Permit with 25% pennanently affordable housing instead of having 50% rentals. The same applies to the negotiated development agreement. If we conclude that th,: pennitted use is preferable, we should have some discretionary criteria written into the conditional use permit to give the Planning Commission something to work with. Otherwise the CUP may as well be made an alternate permitted use. since we will still be in the same situation we are now where there is no criteria on which to deny the application. 2) The main purpose of this ordinance seems to be to remove the potential for legal challenge to our current ordinance regulating condominium conveTsion on the basis ofinclusionary zoning. This is being accomplished by including an outright pennitted conversion of 50% of the units. The other 50% cannot be converted in the future, creating 50% permanent rental units. If this is legally pennissible ,Ilnd if it is our commission and council's primary policy intent to stop the conversion of existing apartments into condominiums, I wonder why stop at 50-50; why not allow only 25% to be converted for example? 3) As pointed out by John Fields, it is possible that the existence of any condominium conversion regulation will and is having a dampening effect on the construction of new apartments. There has been no new construction of apartments in Ashland for some time. Is this lack concurrent with our current ordinance on conversions? It would be interesting to see statistical analysis and comparison with other locales to detennine whether our conversion regulations are counter-productive. 4) With or without condominium conversion regulation, it would seem that the only way for the City to have apartments built is to create new policies that address the issue directly. For example, a new zoning designation could be created that addresses this housing need and land could be annexed into the City to provide an inventory for it. It would not need to be limited to "affordable housing" but could be limited to a percentage of nonconvertible apartments. In addition, many localities charge a hefty fee for the conversion of apartments into condominiums. The City could use such fees to fund the construction of affordable housing. Please feel free to rebut or elaborate any of these points. Thanks. Melanie file://C:\Documents ami Settino<:\ooJtlTl'Hmh\f ",,,.,1 Qo++;~~~\'T'___\,..,nn"'^^^. ..~. . R UTI:I 1'1. MILLlQ PIllLIP C. Lt\NG. LC&W 758 B &tfCef. Ashlfind, OrcSOll 97520 Qesidence · 48'2-8659 Officc/l''a-,( . 48'2-5387 E-mail .phUip@mind.Jld<ruUl@mind.net RECEIVED MAR 2 9 2007 March 26, 2007 C" ,',',,' "'--< tD!';'i(i"~';'..I;';j:i 08V&:o~ment To: Mayor City Council Planning Commission Planning Dept. HCol.'$;,'ntj ~, ~ The Future of Condominiumization Those concerned with the condominiumization of Ashland need have no fear about getting an ordinance prohibiting this get-richer-quicker scheme of the brokers and developers. We will have an anti-condominium ordinance when all the condominium conversions are complete. Actually, We did have an anti-condominium conversion ordinance in 1979 _ with a "finding of emergency" - hut it was undone by later pOlitical machinations. Ashland is about twenty years behind the condominiumiza tion cn;~ze. It happened in the Bay Area that long ago. Now it has reached Ashland. What is its future? The present major decline in the real estate sector is not over. There will be no "soft landing". Indeed. an examination of the fundamentals indicates that the worst is yet to come. What will happen in the condominiumization sector is ;Jlalready indicated by an article that probably most pe-ople missed in the March 24, 2007 !)T. It is attached for your perusal. Affordable apartments are being converted to unaffordable condos. When these become unrentable QeCBUSe condominiumization has forced the rentals to outrageous highs, the condomiunimization quick-money scheme will join the cascade of real estate collapses. I have heard from some Ashland real estate people that people who buy homes - or condominiumize apartments have money and will not be nffected by the real estate collapse. Presumably their money is with a I:lt:okk broker in San Francisco, Los Angeles. or Portland. No real estate collapse has failed to bring down the stock market with it. P~G attached: DT article "Condos Switching to apartments" _ 3/24/07 July 28, 2006 Ashland Plmming Commission City of Ashland 20 E Main Ashland, OR 97520 Re: Apartment/Condo conversion Dear Commissioners; For many years I've owned an apartment building in Ashland. Converting to condominium units has always been an option, and in fact a goal, for that building. Concern that available rental W1its are diminishing in the city, while commendable, is resulting in suggestions that ignore property rights by uncompensated taking of the ability to create condos. This results in a "taking" that is remedied by Measure 37. To encourage rental unit creation, or for that matter, "affordable housing", the City could consider waiving development fees, adjusting city-imposed building codes, contribute city street and utility work, and other aids which come from city assets and therefore equally from all residents. Sincerely, Don Skillman POB )] 20 Ashland, OR 97520 ASHLAND PLANNING COMMISSION (DRAFT) REGULAR MEETING MINUTES JUNE 12, 2007 CONDO CONVERSION ORDINANCE The Council recently reviewed the modified ordinance and they decided they wanted to achieve the goal of rentals and particularly affordable rentals in Ashland. They asked City staff to re-write the condo conversion ordinance. An ad hoc committee made up of two Planning Commissioners (Tom Dimitre and Michael Dawkins) and the Land Use subcommittee of the Housing Commission (Bill Smith, Bill Street, Regina Ayars and Alice Hardesty) met to make changes. The Housing Commission reviewed the substantive changes at their meeting on May 24th. In this latest version, three options will be given to an applicant that are outlined in the memo dated June 12,2007 from Brandon Goldman, Housing Program Specialist. Staff developed a sliding scale so the larger the complex size, the greater percentage of rental units had to be maintained. (There are exceptions.) Commission Comments 1. What percentage of units is non-conforming? 2. Not enough information. 3. Would like to see more affordable units. 4. After Legal reviews, it could change everything again. 5. Like the general concept of this ordinance. 6. Less concerned about affordable rentals than losing rentals. 7. How do you motivate the private sector to do affordable housing? 8. Do we want to socially engineer housing? 9. The options and formula provided are reasonable. 10. We won't be seeing any new apartments built - only condos 11. We have the sense this ordinance will gain us something, but we don't really know the outcomes. 12. This is a complicated and complex subject. 13. Disallow condos and only allow rentals. 14. The only way to get more apartments is to subsidize them. 15. There are two companion goals that start to compete with each other. To get affordability you have to do it by incentive. If you take away all potential incentives, by protecting every single rental unit at market rate, what can you offer as an incentive? There is a trade-off between protection and creating incentives. 16. Build an ordinance addressing just condominiums. 17. We have only a limited number of apartments that will convert because all new construction will be built as condominiums and no one will ever build a new apartment again. 18. Wary about layer of government that is involved and the amount of regulation this ordinance might take as well as the cost to regulate it. 19. Rental Needs Analysis has shortcomings. Survey did not include those who carry cell phones. 20. The market is challenging for low income individuals. 21. No other examples of condominium conversions we can draw from in the State of Oregon even though many other communities are facing the same problems. Public Comments AARON BENJAMIN - The basic objective is to preserve as many affordable rentals in as fair a way as possible from the threat of condo conversions. Believe Goldman's formula presents something that they believe will work. The market is changing. COLIN SWALES - He said "condominium" is an ownership type. It is not "for purchase" as implied in the title of the ordinance. Condominium conversion is a conditional use. What is a use and what isn't a use? Conversion of an ownership type to condominium ownership is not a use. A use is still residential. Owner occupied is a different kind of use than rental occupation. No conversions from multi-family zoning to condominium ownership. Stalheim said we have no regulation on condominiums. There is no process under state statute that requires the City to have a process other than the City surveyor. Dotterrer/Dawkins m/s to extend the meeting to 10:30 p.m. Voice Vote: Approved. Stromberg wanted Staff to summarize this for the Council. He recommended the Council members view the last 45 minutes of tonight's video. Due to tbe growing complexity of trying to resolve this ordinance, Fields moved not to adopt the current ordinance as it has evolved. Dotterrer seconded the motion. Mindlin suggested an amendment asking the Council to gather more information on how this will work. Fields said the proposed ordinance as it has evolved has gotten more complex with not having enough corroborating data or outcomes or knowing the general net affect of it, and we are not willing to support it at this time. Roll Call: Morris, Dotterrer, Mindlin, Fields and Dawkins voted "yes." Dimitre and Stromberg voted "no." The motion carried. Hartzell said as someone who has watched this evolve, she would ask the Planning Commission to step forward and help with this problem. \ ~ . Documents submitted at the August 21, 2007 City Council Meeting -....r gg-C/l ~ '< C/l ~~;: '" '" ~ ~ s:: ~ ~3ia. (') -. _. ::l g s;:: :::!.~ '<~ (') - o ~ ::l ::l ::l a. 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