HomeMy WebLinkAbout2005-0115 Council Mtg PACKET
CITY OF
ASHLAND
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AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
January 15, 2008
The Grove
1195 E. Main Street
6:00 p.m. Executive Session - in the Grove classroom to consult with legal council 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 ANNUAL ADDRESS: "The State of the City."
V. MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES
VI. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?
[5 minutes]
1. Executive Session of December 12, 2007
2. Executive Session of December 17 2007
3. Study Session of December 17, 2007
4. Executive Session of December 18, 2007
3. Regular Council of December 18, 2007
VII. SPECIAL PRESENTATIONS & AWARDS
Presentation of FY 2007-2008 Budget Award
VIII. CONSENT AGENDA [5 minutes]
1. Does the Council accept the Minutes of Boards, Commissions, and Committees?
2. Will the Council approve the employment contract of Richard Appicello as City
Attorney?
3. Does the Council wish to approve a Liquor License Application for Stillwater?
4. Does the Council wish to approve a Liquor License Application for Ashland Sips,
LLC?
5. Does the Council wish to approve a Liquor License Application for Cascade Peaks
Spirits?
6. Does the Council wish to confirm an appointment by the Mayor for the vacancy on
the Conservation Commission for a term ending April 30, 2009?
C:OUNCIL IvlEETTNGS ARE BROADCAST LIVE ON CHANNEL 9
Vlsrr TIn: crry or." AsrlLANIYS \VF'F~ SFT1: AT WWW.:\SrILAND.CJR.US
7. Should Council authorize signature of an Intergovernmental Agreement with the
County of Jackson for "Intergovernmental Cooperation" to provide building inspection
services?
5. Shall Council, acting as the Local Contract Review Board, accept a bid from Johnny
Cat, Inc. and award a contract in the amount of $87,406 for construction of the 1-5
Sanitary Sewer Reconstruction Project No. 2007 -15?
8. Will the City Council, acting as the Local Contract Review Board, consent to enter
into a public contract with Titan Sales Group for the purchase of a Street Sweeper at
a cost of $156,811.00?
IX. 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
S2.04.040})
1. After hearing the appeal of the "Meadowbrook Park" at North Mountain" Subdivision
for Systems Development Charges (SDC) credit allowance which of the following
actions does Council wish to take: 1) Reject the appeal and affirm the staff
calculation of SDC credit at $63,075, 2) Grant the appeal and award the SDC credits
in a greater amount, 3) Partially grant the appeal by considering other aspects of the
developer's improvements that may be eligible for additional credits?
X. 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]
XI. UNFINISHED BUSINESS
1. Does Council approve the staff recommendation on the next steps and the proposed
timing for the City to connect to the Talent Ashland Phoenix (TAP) Intertie pipeline?
2. Should the amendments to the Ashland Land Use Ordinance recommended by the
Planning Commission and Staff, which implement many of the changes described in
Phase 1 of the Siegel report and proposes changes to the city's permitting and
appeal procedures be approved?
XII. NEW AND MISCELLANEOUS BUSINESS
1. Will Council approve a special contract to expand the existing sanitary sewer service
to serve a proposed building at the Willow Wind Educational Facility at 1494 East
Main Street located outside the urban growth boundary?
2. Is the Council interested in negotiating a cooperative agreement with Jackson County
to provide for the voluntary transfer of residential development rights (transferable
development credits) from approved Jackson County Measure 49 claims to City of
Ashland designated receptor zones?
XIII. ORDINANCES. RESOLUTIONS AND CONTRACTS
None.
XIV. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL
LIAISONS
XV. ADJOURNMENT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this
meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-
2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to
ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I).
Ashland City Council
Study Session Meeting
December 17, 2007
Page 1 of 1
MINUTES FOR THE CITY COUNCIL STUDY SESSION
Monday, December 17, 2007 at 5:15 p.m.
Council Chambers, 1175 East Main Street
Mayor Morrison called the meeting to order at 5:15 p.m.
Councilors Hardesty, Navickas, Silbiger, Jackson and Chapman were present. Councilor Hartzell arrived at
5:22 p.m.
1. Look Ahead Review
City Administrator Martha Bennett reviewed the Look Ahead with the Council and noted several changes
and additions.
2. Review of Regular Meeting Agenda for December 18, 2007
Councilor Hardesty distributed an amended agreement for the Gentle Person Agreement. Council
discussed the need to continue addressing this item. Ms. Hardesty explained that her suggestions were
proposed as positive language for adoption. Councilor Silbiger stated that he was uncomfortable with #2
on the amendment and further discussion will take place at the council meeting.
City Recorder Barbara Christensen clarified that the fees associated with Public Records will be
incorporated in the annual Resolution established for miscellaneous fees. She explained that this is not the
appropriate place to address retention of documents.
Council clarified process for the annual appointment process for the Budget Committee. Mayor suggested
that there be several rounds of voting where those that do not receive any votes do not move forward and
that rounds continue until there is an individual voted upon by the majority of the council. Council
continued to determine the method of voting, including an initialS-vote to move an individual forward and
then subsequent voting following this. It was determined that nominations could be taken up to the time it
is discussed and voted upon.
Meeting was adjourned at 5:58 p.m.
Respectfully submitted
Barbara Christensen
City Recorder
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ASHLAND CITY COUNCIL AfEETING
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MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
December 18, 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.
ROLL CALL
Councilors Hardesty, Hartzell, Navickas, Jackson, Silbiger and Chapman were present.
SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?
The minutes of the Study Session of December 3,2007, Special Meeting of December 3,2007, Executive
Session of December 3, 2007, Executive Session of December 4, 2007 and Regular Council Meeting of
December 4, 2007 were approved as presented.
Mayor Morrison announced the following items have been added to the agenda: I) Proclamation of Christmas
Tree Recycle Day in Ashland, and 2) Confirmation of appointment of City Attorney. He also noted Agenda
Item X.I; Special Contract to expand sewer service at Willow Wind Educational Facility has been pulled from
the agenda.
SPECIAL PRESENT A TIONS & AWARDS
Proclamation for "Christmas Tree Recycle Day in Ashland" was read aloud by Councilor Chapman.
CONSENT AGENDA
1. Does the Council accept the Minutes of Boards, Commissions, and Committees?
2. Does the Council wish to approve an ISP contract between the City and Pure Geek?
3. Does the Council wish to confirm an appointment by the Mayor for the vacancy on the Airport
Commission for a term ending April 30, 2009?
4. Will the City Council, a the Local Contract Review Board, consent to enter into a public contract
with Hughes Fire Equipment for the purchase of a Life Line Paraliner Type 1, Ambulance at a cost
of $175,242.00?
5. Will the City Council confirm the Mayor's appointment of Richard Appicello to be City Attorney
and approve the attached employment agreement?
Councilor Hartzell requested Item #5 be pulled for discussion.
Councilors Hartzell/Silbiger mls to approve Consent Agenda Items #1-#4. Voice Vote: all AYES.
Motion passed.
Councilor Hartzell voiced her appreclatlon for the work Mr. Appicello has done, but stated she IS
uncomfortable confirming his appointment at this time.
Councilor Chapman/Jackson mls to confirm Mayor's appointment of Richard Appicello as City
Attorney. Motion was withdraw to allow for public testimony.
Art Bullock/Commented on the lack of citizen involvement in this appointment and voiced frustration that this
confirmation was not listed on the meeting's agenda. Mr. Bullock requested that citizens be allowed to have a
ASHLAND CITY COUNCIL AfEF:JING
DECE/vlBER /8,2007
PAGE:; 0(9
strong say in the appointment of these key positions.
Mayor Morrison commented on the differences between hiring someone from outside the City and hiring
someone from within. He explained part of the process in appointing a candidate is ensuring that he or she is
familiar with the City and that the City is familiar with them. He stated in this case, Mr. Appicello has worked
for the City for some time and the community is already familiar with him.
Councilor Chapman/Jackson mls to confirm Mayor's appointment of Richard Appicello as City
Attorney. DISCUSSION: Councilor Hardesty noted a formal candidate search was conducted and stated Mr.
Appicello is by far the most qualified candidate. Roll Call Vote: Councilor Hardesty, Jackson, Navickas,
Silbiger, and Chapman, YES. Councilor Hartzell, NO. Motion passed 5-1.
PUBLIC HEARINGS
1. Should the amendments to the Ashland Land Use Ordinance recommended by the Planning
Commission and Staff, which implemented many of the changes described in Phase 1 of the Siegel
report and proposes changes to the City's permitting and appeal procedures be approved?
Community Development Director Bill Molnar stated the goal of amending the Land Use Ordinance is to
remedy internal inconsistencies and procedural items. He offered a brief explanation of the work ofthe Land
Use Committee and stated staff developed their package of amendments based on the Committee's work. Mr.
Molnar noted approximately 8,000 notices were sent out and a public hearing was conducted before the
Planning Commission. On October 23,2007, the Planning Commission unanimously recommended approval
of the package.
Mr. Molnar introduced Planning Commissioners John Stromberg and John Fields and noted they are available
to elaborate on the presentation and address any questions the Council may have.
Mr. Molnar provided a presentation on the 2007 Ashland Land Use Ordinance amendments. He stated in terms
of the scope of amendments, the committee and staff focused on useful, practical improvements dealing with:
permit and appeal procedures, readability, interpretation, internal consistencies in the application of the code,
and amendments to some of the standards. He explained some of the proposed amendments to the procedures
include new expedited land division procedures, amended Type I, Type II, Type III procedures, and ordinance
interpretations. The key points from Mr. Molnar's presentation are as follows:
Amended Type I Procedure (18.108.040): I) Staff permit procedure will be eliminated and integrated into
Type I procedure, 2) It will be the same basic procedure, except the notice area will be expanded from 100 ft.
to 200 ft., and 3) Amendment will allow for common timelines and notice procedures.
Revised Type I Procedure: 1) Proposed process includes two notices, a 14-day period to submit written
comments, followed by staff s final decision, which will be subject to reconsideration or appeal. It was noted
there is no review by the Planning Commission Hearings Board. Mr. Molnar stated the reconsideration process
I) adds the ability for someone to identify a "factual" error in the decision, 2) Reconsideration can be granted,
and 3) New notice must be provided.
Type I Appeal Process: 1) Appeals would be heard by the Planning Commission or the Planning Commission
Hearings Board, 2) It would be a "de novo" public hearing, 3) The Planning Commission recommended not
to have appeal fees for public hearing, and 4) The Commission's decision would be final, and any further
appeals would go to LUBA.
Type II Permit Procedures: Mr. Molnar explained these actions automatically require a public hearing and
unlike Type I actions, cannot be approved administratively by the Planning Direction. He explained: I) Some
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Type II permits have been changed to Type I, 2) They have added an Initial Evidentiary Hearing, 3) They have
added a Reconsideration Process, and 4) They have changed the appeal to Council Procedures. Mr. Molnar
clarified appeals of a Type 11 action would go to the Council, but would be on the record instead of "de novo".
He also clarified Council could initiate a review of a Planning Commission decision, but not appeal it.
Type II Proposed Appeal Procedures: 1) Could be Council initiated (would be limited to on the record and no
public testimony taken), or 2) Could be Applicant initiated (not subject to a public hearing and additional
evidence). Mr. Molnar stated the Planning Commission is charged with routinely applying the facts to the
relevant approval criteria and stated the proposed process de-politicizes land use decisions and encourages
public input through citizen groups.
Ordinance Interpretations: Proposed procedures: 1) Includes a formal request for interpretation process,
2) Makes the Planning Director's decision final, unless the Planning Commission or City Council choose to
review the decision, and 3) Planning Commission interpretations would be reviewed by the Council.
Mr. Molnar commented on the readability improvements that have been proposed, as well as the
interpretation and internal consistency issues. He stated the standards that have been addressed are Accessory
Residential Units, Density and MPFA in multi-family zones, Non-conforming uses and structures,
Mechanical equipment, Tree Protection, Setbacks and Yards, Permit expiration, and North Mountain Zones.
He added the following items were tabled by the Planning Commission subcommittee: Residential Ground
Floor in C-l and E-l zones, Vision clearance, and Temporary storage. Planning Commission Chair John
Stromberg noted that these tabled items were kept within the envelope of the original noticing, therefore they
can bring forward any of these items without having to re-notice the entire town.
Mr. Molnar noted the packet information identifies technical corrections made to the Planning Commission's
draft. He noted the Council Communication also identifies a proposed change under Type III planning
actions, which are changes to the City's Zoning Map, Comprehensive Plan Map, Zoning text, Comprehensive
Plan Map text, annexations and urban growth boundary changes. He stated that right now the Planning
Commission is the final decision maker on changes to the Zoning Map and the Comprehensive Plan map;
however, they feel the Council should be the final decision maker on these changes and for any changes to be
adopted by ordinance.
Mr. Molnar clarified the new Procedures section identifies a list of conditional uses that are subject to the
Planning Director's approval. He noted the main difference is those that involve an existing building can be
approved by the Planning Director, whereas conditional uses that involve the construction of a new building
require a public hearing.
Mr. Molnar clarified arterial setbacks were not addressed in the proposed amendments. He stated the
Committee felt broader community discussion was needed and noted this item would be brought forward
separately.
Comment was made questioning the financial impact the changes would have on citizens. Mr. Molnar stated
the impact would be minimal. He noted the Planning Commission's recommendation for there to be no fee for
many of the land use decisions done by the Planning Director and stated the costs to appeal before LUBA are
similar to the fees to appeal before the City Council. He also clarified the noticing requirements and that the
proposed change is for noticing to be provided before any decision is made and to allow 14 days for comments
to be submitted.
Mr. Molnar commented on the reconsideration process and explained this was included to correct a clear
factual error rather than requiring someone go through the entire appeal process to fix it. He also commented
ASHLAND CITY COUNCIL A1EETING
DECEA1BER 18. ]007
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on "on the record" requests and stated the Council has some options as to how these will proceed. City
Administrator Martha Bennett explained the ordinance is drafted so that anyone who appeals could request a
partial de novo hearing. She stated the City Administrator's Office would make the decision on whether to
allow new testimony, and clarified this decision would not be made by the Planning staff and could not be
make by the Council without biasing the appeal.
City Attorney Richard Appicello commented on the fees and clarified the recommendation of the Planning
Commission is for the fee to be set at zero dollars. He recommended the Council still identify this fee in the
fee resolution, even if it is zero dollars.
Public Hearinl! Open: 8:20 p.m.
Art Bullock/Stated the proposed ordinance is a dramatic shift in power from elected officials to City staff and
to appointed Planning Commissioners. He stated under this ordinance the Council would no longer have the
power to reverse Planning Commission decisions and commented on the removal of the Council from Type I
decisions. Mr. Bullock commented on evidentiary hearings, and stated the executive branch should not be
given judicial or quasi-judicial authority. He also commented on the "on the record" restriction, and believes
the Council should have the final decision and be allowed to conduct de novo hearings.
Steven Daneman/250 Sunnyview StreetN oiced support for allowing a 10% pervious surface standard that
includes driveways. Mr. Daneman provided the following reasons why the 10% amount is a better solution:
1) it complies with the goal of reducing peak, 2) allowing the use of pervious surfaces for driveways would
give property owners an alternative that would promote the beneficial and efficient use of their property while
still controlling storm water runoff, 3) including driveways in the definition of pervious surfaces would have a
beneficial impact in increasing the use of pervious concrete in general, and 4) the City could be put in the
position of micro-managing the square footage of garden paths if the standard is set too low.
John Fields/845 Oak Street/Noted he is a Planning Commissioner and was a member of the Ad Hoc
Committee. Mr. Fields stated one of the goals of the committee was to deal with the most obvious problems
and not get into the large and controversial topics. He stated the Committee tried to focus on things that
were meaningful, easily improved, and would make the ordinance more effective. He also noted that any
procedural changes were done in an effort to get some leverage on staff time and public meeting time and to
allow the Planning Commission time to work on policy issues. He voiced his support for what has been
presented and stated it is a good package.
Public Hearinl! Closed: 8:30 p.m.
Mayor Morrison suggested this item be moved to New & Miscellaneous Business on the current agenda.
Councilor Jackson/Hardesty m/s to cancel the January 2, 2008 City Council Meeting. Voice Vote: all
AYES. Motion passed 6-0.
PUBLIC FORUM
Ambuja RosenNoiced support for an anti-tethering ordinance and commented on the spirits of animals.
Art Bullock/Commented on the legal services contract approved at the last Council meeting and the Parks
Street Apartments case. He stated this was an unnecessary court case and the City lost the case due to
malfeasance. He added that he and Mr. Lang intervened to protect the City treasury.
ASHLAND CiTY COUNCiL MEETiNG
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UNFINISHED BUSINESS
1. Does the Council wish to make appointments for the three vacancies on the Budget Committee for
terms ending December 2010?
Mayor Morrison explained the guidelines the Council had agreed on to assist them in the selection process.
He noted there are three positions available and listed the applicants.
Councilor Jackson noted this is an appointment made by the entire Council and commented on her desire for
different perspectives and fresh experience on the Budget Committee. Council Silbiger voiced his support for
a Budget Committee with fudiciary knowledge and members that can challenge the Council and staffs
assumptions.
Mary Wooding/727 Park Street/Stated it is wonderful there is such a good selection of candidates and
urged the Council to consider the applicants' qualifications and to not vote on a basis of bias.
Council cast their ballots for the Budget Committee positions. Mayor Morrison listed the results of the first
round of voting as the following: Douma (6), Thompson (5), Slattery (4), Shaw (3), Laws (1), Lemhouse (1),
Frey (1), Levine (0). Mayor Morrison stated since Allen Douma and Lynn Thompson received at least 5 votes
each, they will be selected, and stated the Council would vote one more time to fill the last position.
Council cast their ballots for the remaining Budget Committee position. Mayor Morrison listed the results of
the second round of voting as the following: Slattery (4), Frey (1), Shaw (2).
Councilor Jackson/Silbiger m/s to appoint Lynn Thompson, Allen Douma and Dennis Slattery to the
. Budget Committee. Roll Call Vote: all AYES. Motion passed 6-0.
2. Does the Council wish to adopt the Public Art Master Plan?
Mayor Morrison noted the Council had previously received a presentation on this item and noted the Council
option's listed in the packet material.
Councilor Hardesty noted she is the liaison to the Public Arts Commission and stated she would like to
propose a motion that addresses some of the concerns previously raised by Councilor Hartzell.
Councilor Hardesty/Silbiger m/s to approve the Public Art Master Plan with the following additions: 1)
Staff should draft an ordinance that would incorporate the Policies and Procedures section in Appendix
A, to be reviewed by the Public Arts Commission and subsequently approved by Council, 2) The first
three lines of paragraph 4 on page 19 should be deleted and replaced with the following language:
"Public Art should be located in areas where large numbers of people gather or pass through. This
includes the downtown, high-use parks, and shopping areas throughout the City", and 3) The Public
Arts Commission will return to the Council with proposed funding and project options in late February
or early March. DISCUSSION: Councilor Hardesty provided a brief explanation of her motion. She
clarified the Policies and Procedures will come forward as an ordinance and stated any concerns regarding
these can be reviewed by the Committee. Councilor Hardesty also clarified the Committee intends to have
funding options in time for the Budget Committee meetings. Councilor Jackson suggested changing the
second point of the motion to refer more generically to commercial areas and neighborhoods. Councior
Hartzell voiced her hesitations about approving the motion.
Councilor Chapman/Hartzell m/s to amend motion to delete the second bullet point of the original
motion, and modify the language on page 19 of the Public Art Master Plan, under Location of Public
Art, to read "Public art should be located primarily where the greatest numbers of people gather. This
includes downtown, commercial areas, and high use parks." Motion was withdrawn.
ASHLAND CiTY COUNCIL MEETiNG
DECEMBER i8. 2007
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DISCUSSION (Continued on Original Motion): Councilor Chapman voiced his preference to replace the
term "downtown core", located on page 19 of the Master Plan, with a broader description.
Councilor Chapman/Hartzell m/s to amend motion to substitute bullet #2, strike "in the downtown
core" from the first sentence, and insert a second sentence that reads, "This includes downtown,
commercial areas, and high use parks." DISCUSSION: Councilor Chapman read aloud the entire
paragraph as proposed to be modified (located on page 19 of the Public Art Master Plan): "Public art should
be located primarily where the greatest numbers of people gather. This includes downtown, commercial areas,
and high use parks. However efforts should be made to accommodate public art in other areas of the
community as well. A process should be developed whereby neighborhoods can request public art in their
area, participate in fund raising, and even develop the criteria for the art itself." Councior Hartzell voiced
concern with the process mentioned in the last part of the statement. Roll Call Vote on Amendment:
Councilor Hartzell, Chapman, Jackson, Navickas, Silbiger and Hardesty, YES. Motion passed 6-0.
DISCUSSION (Continued on Original Motion as Amended): Councilor Navickas voiced support for a
dedicated funding stream for public art and noted he has concerns regarding the sign ordinance. Councilor
Hartzell stated she supports the plan with the exception of the part regarding the sign ordinance. Roll Call
Vote: Councilor Silbiger, Chapman, Jackson, Hardesty and Navickas, YES. Councilor Hartzell, NO.
Motion passed 5-1.
3. Does the Council wish to adopt the Gentle Person Agreement by resolution?
Councilor Hardesty commented on the suggested changes she submitted last night at the Study Session
meeting. Regarding item #2, she proposed the following language be used instead, "Councilors should strive
to make their questions effecient and to manage time."
Councilor Hartzell recommended item #4 of Hardesty's suggestions be modified to read, "When representing
the Council at public agencies, Council should be clear about whether they are speaking for themselves or for
the entire Council."
Councilor Hardesty/Silbiger m/s to approve Resolution #2007-42 with the suggested changes submitted
by Councilor Hardesty, dated December 16, 2007, including the amendment to item #2. DISCUSSION:
Councilor Hartzell stated the phrase "other public agencies" in item #4 does not make sense and suggested
this be removed. Mayor Morrison suggested the wording "general public or public agencies...".
Councilor Silbiger/Hartzell m/s to amend item #4 to add the word "general" before "public" and
striking the word "other" before "public agencies" . Voice Vote: all AYES. Motion passed 6-0.
Roll Call Vote on Amended Motion: Councilor Hardesty, Silbiger, Navickas, Hartzell, Jackson and
Chapman, YES. Motion passed 6-0.
4. Should the Council finalize the last step of including within the Ashland City Limits approximately
SA-acres of industrial and employment zoned land, by approving second reading of an ordinance
formally annexing the property and withdrawing the property from Jackson County Fire District
No.5?
City Attorney Richard Appicello read the title of the ordinance aloud.
Councilor Silbiger/Jackson m/s to approve Ordinance #2946. Roll Call Vote: Councilor Hartzell,
Jackson, Hardesty, Navickas, Chapman and Silbiger, YES. Motion passed 6-0.
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NEW AND MISCELLANEOUS BUSINESS
1. Will Council approve a special contract to expand the existing sanitary sewer service to serve a
proposed building at the Willow Wind Educational Facility at 1497 East Main Street located
outside the urban growth boundary?
Item was pulled from the agenda.
2. Does the Council wish to approve a resolution establishing a Public Records Policy?
City Recorder Barbara Christensen stated the proposed policy would bring the City into compliance with the
new State requirement that takes effect on January I, 2008. She explained the intent of the resolution is to
adopt a policy that reflects the City's current practice for responding to public records requests. Ms.
Christensen submitted a memo to the Council, which responds to the questions raised by Councilor Hartzell
and voiced her support for Hartzell's suggested changes to Sections 9.a., 9.c., 10.b. and 10.e.
Councilor Hartzell questioned the language "significantly disrupt" in section 9.a. Councilor Silbiger
suggested striking the sentence in Section 9.a. that reads "A request that is extraordinary and would
significantly disrupt the regular discharge of duties will be charged whether copies are provided or not." He
stated this sentence is not needed since the policy dictates that a citizen will be charged if the request involves
more than 30 minutes of staff time.
City Attorney Richard Appicello commented on Section 9.b. and clarified that he does not redact text, but
rather provides guidance to staff on what can and cannot be released. He stated staff does the best they can to
be quick and not involve much attorney time.
Councilor Hartzell suggested changing "City Records Officer" located in Section 10.a. to "City Recorder".
Ms. Christensen stated she does not support this change. Mr. Appicello suggested the City Administrator be
given the authority to waive the fee instead. He also suggested it be up to the department head to decide
whether a request is needed to "act in one's official capacity".
Mr. Appicello read the title of the resolution aloud.
Art Bullock/Stated the Council should not vote on this tonight because there are hidden issues that have not
yet been discussed, including: staff costs, who controls the records, and charges for legal time. Mr. Bullock
stated it is inappropriate to charge citizens large fees for records requests and recommended all emails be
archived and saved on a central service.
Councilor Silbiger/Hartzell m/s to extend meeting until 10:30 p.m. Voice Vote: Councilor Hartzell,
Silbiger, Hardesty and Chapman, YES. Councilor Navickas and Jackson, NO. Motion passed 4-2.
Ms. Christensen commented on the vast amount of information that is available to citizens via the City's
web site and noted the practice of placing documents on the web site has dramatically decreased the number of
records requests staff receives.
Mr. Appicello clarified the intent of the term "City Records Officer" is whoever the custodian of that particular
record is. He suggested using "Department Head" in Section 10.a. and "Administrator" in Section IO.b. in
order to clarify this.
Councilor Hartzell/Jackson m/s to approve Resolution #2007-43 with the following changes: 1) Section
9.a. to read "Copies of documents provides by a routine a file search of 30 minutes or less will be
charged at a copy rate established in the annual fee resolution.", 2) Section 9.c. to read "... and the
requestor confirms in writing that he/she wants the City to proceed with making the records available.",
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3) Section to.b. to read "The City Administrator will review the waiver or reduction request...", 4)
Section to.e. becomes Section to.c. and the following subsections adjusted accordingly, and 5) Section
9.a., delete the sentence "A request that is extraordinary and would significantly disrupt the regular
discharge of duties will be charged wither copies are provided or not." DISCUSSION: Councilor
Navickas expressed concern with the public comment that large fees are being charged to citizens and stated
there should be some kind of protection against excessive fees included in the resolution. Mr. Appicello
clarified there is already a process for appeals and noted these are submitted to the District Attorney. Ms.
Bennett commented on the benefit of the District Attorney making these decisions. She noted that citizens can
appeal to the District Attorney free and voiced her support for appeals going to someone outside the City who
does not have a vested interest in how the complaint is resolved.
Councilor Hartzell/Navickas m/s to amend motion to strike from Section 2.1. "if such request does not
interfere with the regular discharge of duties". Roll Call Vote: Councilor Hardesty, Jackson,
Chapman, Silbiger, Hartzell and Navickas, YES. Motion passed 6-0.
Roll Call Vote on Amended Motion: Councilor Hardesty, Jackson, Chapman, Silbiger, Hartzell, and
Navickas, YES. Motion passed 6-0.
3. Does the Council wish to approve a resolution to establish fees for Public Records Requests?
Mayor Morrison noted no one signed up to speak on this item.
Councilors Jackson/Chapman m/s to approve Resolution #2007-44. DISCUSSION: Councilor Hartzell
asked if the copy rate included staff time and expressed concern with double-charging citizens. Roll Call
Vote: Councilor Jackson, Chapman, Hardesty and Silbiger, YES. Councilor Hartzell and Navickas, NO.
Motion passed 4-2.
ORDINANCES. RESOLUTIONS AND CONTRACTS
1. Does the Council wish to adopt the second reading of an ordinance approving Declaring the
Approval of the Verde Village Development Agreement, including the attached development
agreement, land use findings or real property exchange findings?
Mr. Appicello read the title of the ordinance aloud.
Ex Parte Contact
Councilors Hardesty, Chapman, Silbiger, Hartzell, Navickas and Mayor Morrison declared no ex parte
contact.
Councilor Jackson declared on two occasions she spoke by telephone with John Wheeler of RVCDC. She
stated he sent her a copy of a letter he had written regarding the ability of the affordable units to comply with
K.3. Jackson stated the substance of the conversation was regarding concerns about whether they will be able
to install the solar hot water heater equipment. She added that staff has indicated that RVCDC will have an
opportunity later in the process to amend this condition and stated her contact will not influence her decision.
Councilor Silbiger/Chapman m/s to approve Ordinance #2945. DISCUSSION: Councilor Navickas
voiced his disappointment with the project and shared his desire for the creek area to have been better
addressed. He added that he does not believe the Council applied the facts to the law. Roll Call Vote:
Councilor Silbiger, Hartzell, Navickas, Hardesty, Chapman and Jackson, YES. Councilor Navickas,
NO. Motion passed 5-1.
..- I
ASHLAND CITY COUNCIL MEETING
DECEA1BER 18, :J007
PAGE 9 of9
2. Does the Council wish to adopt the second reading of an ordinance amending the Ashland
Municipal Code 2.04 Rules of the City Council?
City Attorney Richard Appicello read the title of the ordinance aloud.
Councilor Jackson/Hardesty m/s to approve Ordinance #2947. Roll Call Vote: Councilor Jackson,
Chapman, Hardesty, Navickas, Hartzell and Silbiger, YES. Motion passed 6-0.
NEW AND MISCELLANEOUS BUSINESS (Continued)
3. Should the amendments to the Ashland Land Use Ordinance recommended by the Planning
Commission and Staff, which implemented many of the changes described in Phase 1 ofthe Siegel
report and proposes changes to the City's permitting and appeal procedures be approved?
City Attorney Richard Appicello recommended the record be left open for two weeks in order to accept written
comments and to continue deliberations to the January 15,2008 Council Meeting.
Councilor Hartzell suggested holding a special meeting to occur by March 31, 2008.
Councilor Chapman requested a list of the amendments that the Planning Commission closely debated.
Councilor Jackson/Hardesty m/s to leave public record open and continue this item to January 15,
2008. Roll Call Vote: Councilor Hardesty, Chapman, Hartzell, Silbiger, Navickas, and Jackson, YES.
Motion passed 6-0.
OTHER BUSINESS FROM COUNCIL MEMBERS (None)
ADJOURNMENT
Meeting adjourned at 10:30 p.m.
Barbara Christensen, City Recorder
John W. Morrison, Mayor
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Presentation of FY 2007-2008 Budget Award
January 15,2008 Primary Staff Contact: Lee Tuneberg 4fcr
Administration ~~ E-Mail: tuneberl@ashland.or.us
Admin. Servic Secondary Contact:
Martha Berm Estimated Time: Special Presentations/Awards
Question:
None.
Staff Recommendation:
Accept the award and continue participating in the program.
Background:
The City of Ashland has participated in this program and received the award for 19 years. The award
is for one year and is the result of an independent review by three finance officers around the country
judging our document on required criteria. The reviews provide important information used by City
staff to improve future documents as:
. A policy document
. A financial plan
. An operations guide
. A communications device.
Staff appreciates Council's support in participating in this program. The Council, Budget Committee
members and all departments are to be congratulated for the work they do each year to earn this award.
The current fee for participating is $385 which basically pays for handling and processing. The
reviews are done by knowledgeable volunteers who meet program requirements for experience
Related City Policies:
Not applicable.
Council Options:
Staff will continue to submit the document for review unless directed otherwise by Council.
Potential Motions:
None.
Attachments:
October 2, 2007, letter to the mayor conveying the award and press release
Facsimile of the award to be incorporated in the FY 2008-2009 Budget Document
Certificate to the Administrative Services Department
Page 1 of 1
CC FY 2007-2008 Budget Award Memo 1-15-08
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Government Finance Officers Association
203 North LaSalle Street, Suite 2700
Chicago, Illinois 6060 1 ~ 121 0
312.977.9700 fax: 312.977.4806
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October 2, 2007
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The Honorable John Morrison
Mayor
City of Ashland
20 East Main Street
Ashland, OR 97540
Dear Mayor Morrison:
I am pleased to notify you that City of Ashland, Oregon has received the Distinguished Budget
Presentation Award for the current fiscal year from the Government Finance Officers
Association (GFOA). This award is the highest form of recognition in governmental budgeting
and represents a significant achievement by your organization.
When a Distinguished Budget Presentation Award is granted to an entity, a Certificate of
Recognition for Budget Presentation is also presented to the individual or department designated
as being primarily responsible for its having achieved the award. This has been presented to:
Administrative Services Department
We hope you will arrange for a formal public presentation of the award, and that
appropriate publicity will be given to this notable achievement. A press release is
enclosed for your use.
We appreciate your participation in GFOA's Budget Awards Program. Through your
example, we hope that other entities will be encouraged to achieve excellence in
budgeting.
Sincerely,
~~-=/~~
Stephen J. Gauthier, Director
Technical Services Center
Enclosure
Washington, DC Office
1301 Pennsylvania Avenue, N.W, Suite 309 . Washington, DC 20004 . 202.393.8020 . fax: 202.393.0780
www.gfoa.org
Gb
Government Finance Officers Association
203 North LaSalle Street, Suite 2700
Chicago, Illinois 60601- 121 0
312.977.9700 fax: 312.977.4806
October 2, 2007
PRESS RELEASE
For Further Information Contact
Stephen 1. Gauthier (312) 977-9700
*************************************************************************************
Chicago-- The Government Finance Officers Association of the United States and Canada (GFOA)
is pleased to announce that City of Ashland, Oregon has received the GFOA's Distinguished
Budget Presentation A ward for its budget.
The award represents a significant achievement by the entity. It reflects the commitment of the
governing body and staff to meeting the highest principles of governmental budgeting. In order to
receive the budget award, the entity had to satisfy nationally recognized guidelines for effective
budget presentation. These guidelines are designed to assess how well an entity's budget serves as:
. a policy document
. a financial plan
. an operations guide
. a communications device
Budget documents must be rated "proficient" in all four categories to receive the award.
When a Distinguished Budget Presentation A ward is granted to an entity, a Certificate of Recognition
for Budget Presentation is also presented to the individual or department designated as being
primarily responsible for its having achieved the award. This has been presented to Administrative
Services Department.
For budgets including fiscal periods 2005, 1,069 entities received the A ward. A ward recipients have
pioneered efforts to improve the quality of budgeting and provide an excellent example for other
governments throughout North America.
The Government Finance Officers Association is a nonprofit professional association
serving 16,800 government finance professionals throughout North America. The
GFOA's Distinguished Budget Presentation A wards Program is the only national awards
program in governmental budgeting.
Washington, DC Office
1301 Pennsylvania Avenue, N.W., Suite 309 . Washington, DC 20004 . 202.393.8020 . fax: 202.393.0780
www.gfoa.org
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GOVERNMENT FINANCE OFFICERS ASSOCIATION
Distinguished
Budget Presentation
Award
PRESENTED TO
City of Ashland
Oregon
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Executive Director
For the Fiscal Year Beginning
July 1, 2007
President
ASHLAND AIRPORT COMMISSION
NOVEMBER 6, 2007
MINUTES
MEMBERS PRESENT: RICHARD HENDRICKSON, BOB SKINNER, RUSS SILBIGER, LINCOLN ZEVE,
DA VID WOLSKE, ALAN DEBOER, BILL SKILLMAN, GOA LOBAUGH, TOM BRADLEY
STAFF: DAWN LAMB
MEMBERS ABSENT:
Visitors:
1. CALL TO ORDER:
2. APPROVAL OF MINUTES:
3. Public Forum:
9:30 AM
October 2, 2007, minutes approved as written.
4. OLD BUSINESS:
A. SuperA WOS Installation
As of November 5th, the SuperA WOS has been installed and is operational. There could be some
confusion in the frequency because it matches the frequency with Illinois Valley and Grants Pass.
Skinner would like to wait until the system is more familiar before switching frequencies. The system is
just in time for the inclement weather and the carriers have already been accessing the information on the
web, phone and radio. To access the information on the web, go to the web site www.superawos.com and
link to the airports. The phone number to access the information is 617 -262-DUCK, then the airport
identifier, S03. The information is real time satellite fed and updated through the satellite.
Commission discussed the change of the frequency on the Unicorn from 122.8 to 122.7 to keep cross
connection to a minimum. The radio frequencies may conflict with the Illinois Valley and the Grant Pass
traffic. We could consider switching because no one else uses 1227. Skillman likes having Unicorn on
28 and weather report on 27.
There will be an educational curve for pilots to access the system and the adjustments will be made
accordingly. The system will help with liability and safety especially at night. Lobaugh will link the site
to the Ashland airport website. FAA paperwork still needs to be processed. After the paperwork is filed,
an informational article should be done to include in the aviation circulars.
B. Ben Linder Development
Leases are still under review by City staff.
Suggestions were made to include an addendum to the lease that helps deal with the resell of the
individual hangars. Another concept might be to waive the right of first refusal on the first sale of the
hangar. Subsequent sales will then have right of first refusal applied. The deposit has been set at $2,000
to account for the two different lots. Consider a clause to be included that if the first section is not
complete, the second section should be charged rent after an agreed upon drop dead date. All
construction is dependent on the completion of the taxiway extension. The lease term with Sky and with
Burl Brim has been a 25 year lease, the precedent should be kept. To deal with the different hangars
consideration of a condominium association could be formed. Keep the lease as a SASO to keep more
steamlined.
Paragraph 3.2 regards to percentage of business. This has been covered by the SASO lease and does not
fit the intent of the ground lease. The addendum should consider the right of first refusal, the condo
association function, adjusting the SASO to hangarkeeper cost of 1.0 and a common wall agreement.
Hendrickson would like to have a subcommittee formed to more efficient. Bradley, DeBoer and Skinner
C:\DOCUME-1\shipletd\LOCALS-1\Temp\November 6 2007 AC.doc 1
all agreed to be on the subcommittee. Hendrickson motioned for the formation of the subcommittee,
seconded by Skillman and passed unanimously.
C. Burl Brim Development - Update
Brim would like to convert the existing lease to an owner lease instead of the ground lease. DeBoer felt
this could cause problems with grant funding. This may be able to be accomplished is the past lease
differences were paid back. The FAA guidelines may need to be considered.
D. Strategic Plan Assignments
1. . Zoning ordinance - no action.
2. Web Page - Lobaugh will link the SuperA WOS site.
4. NEW BUSINESS:
A. Medford Air Hangar Door
DeBoer and Skinner negotiated a hangar door that would fit on the FBO maintenance hangar. The
replacement of the hangar door with a new hangar would cost around $20,000 to $30,000. Medford Air
donated the door to Skinner under the condition that Skinner made arrangements to hauled away. Dale
Peters with Facilities Maintenance went with Skinner to look at the door to make sure it would fit on the
hangar and asked American Industrial Door to assess the door. The door will require some work, but is in
good condition. There still will need to be about $4,000 to install the door and this will need to be added
into next year's budget.
Hendrickson moved to have the needed funds put into next year's budget to install the doors. The doors
will also need skins and new motors along with the hanging of the door. The motion was tabled until
more information is available on what the actual cost would be. Skinner will obtain a more inclusive bid
for the cost.
B. Noise Sensitive Area Map
This will be discussed at next month's meeting.
C. Meeting Dates
Lamb asked for the delay of the December meeting to December 11 th. DeBoer also thought the January 1
meeting should be moved to January 8th. The dates will be changed.
5. AIRPORT MANAGER REPORT/FBO REPORT/AIRPORT ASSOCIATION:
A. Status of Airport, Financial Report, Review of Safety Reports
The Shuttle Bug has been doing more service at the airport. This has lessened the problems with the taxi
services. Enterprise rental car service has been an improvement on the field. The phone numbers need to
be added near the phone.
Business is steady for this time ofthe year.
B. Maintenance Updates -Peters is working on the carpet installation and the hangar numbers.
6. OTHER:
Next October the Jackson County Airport is hosting the AAA annual meeting, they may request volunteers for the
event. The meeting ofthe JC airport commission is the third Monday of the month at 12:00 PM.
7. NEXT MEETING DATE: January 8, 2007, 9:30 AM
ADJOURN: Meeting adjourned at 11 :30 AM
C:\DOCUME-1\shipletd\LOCALS-1\Temp\November 6 2007 AC.doc
2
CITY OF
ASHLAND
ASHLAND PLANNING COMMISSION
SPECIAL STUDY SESSION
MINUTES
JULY 31, 2007
CALL TO ORDER - The meeting was called to order at 7:05 p.m. by Chair John Stromberg at the Ashland Civic Center, 1175 E.
Main Street, Ashland, OR. Dotterrer presented a revised agenda.
Commissioners Present:
John Stromberg, Chair
Michael Dawkins
Mike Morris
John Fields
Pam Marsh
Olena Black
Council Liaison:
Cate Hartzell, Council Liaison, present
Absent Members (excused):
Melanie Mindlin
Dave Dotterrer
Tom Dimitre
Staff Present:
David Stalheim, Community Development Director
Bill Molnar, Planning Manager
Sue Yates, Executive Secretary
ANNOUNCEMENTS - There were no announcements
LAND USE PROCEDURES/SIEGEL AMENDMENTS
Stalheim said the Planning staff has been working on the ordinance amendments for quite some time. It is important to the
Planning Staff because they have to deal with the procedures day in and day out at the front counter.
Stalheim gave a PowerPoint presentation that has been entered into the record. He discussed:
~ Evolution of Proposal- How we got to where we are today.
~ Upcoming Process - Next Thursday, August 9th, there will be a public workshop in the Council Chambers to answer
any questions from the public. Stalheim has asked the public to submit written comments to him by August 20th.
Staff has a list of items they have identified, both internally and from the public. They anticipate having some
recommendations for changes that will be at the public hearing. The Planning Commission is welcome to attend the
meeting on August 9th and/or meet with Stalheim one-on-one to discuss the changes. The public hearing is scheduled
for September 11 th. They will present the original draft with a list of the proposed changes Staff is recommending and
perhaps some options for the Planning Commission to consider.
~ Scope of Amendments
~ How to Read Draft Ordinance
~ Readability
~ Interpretation and Internal Consistency Issues
~ Policy Issues
~ Procedure Amendments
~ Expedited Land Division
~ Amended Type I Permits
~ Revised Type I Notice Process
~ Type I Appeal Process
~ Costs for Simple Hearing
~ Type II Permit Procedures
~ Type II Proposed Appeal Procedures
~ Ordinance Interpretations
~ Application Requirements
~ Options - The Commission can choose not to address some of the policy issues. They could add other "trigger"
mechanisms for Type II public hearings that were discussed at the June 26th Study Session. The Commission could
request that Staff develop options for identified subjects.
~ Action - At this time, it is recommended that we proceed to public input and hearing to get feedback before we
deliberate, perhaps with direction to develop options for consideration at the public hearing. Motion requested:
"Move to consider the proposed amendments to the Ashland Lane Use Ordinance and set a public hearing date
on September 11,2007 at 7:00 p.m."
PUBLIC COMMENT
ART BULLOCK, 791 Glendower, said tonight's packet is a classic example of how a small group of people control Ashland's
planning process. The packet proposals are not a balanced set of changes nor are they in the public interest. Every substantive
change he has reviewed so far has the potential of increasing developer's profits and government power at the expense of the
public interest. The packet doesn't show the issues and options for changes to the code. He submitted for the record, Issue #4,
"Of the People" which includes articles on the proposal to start charging $250 for public hearings. That has the affect of
pushing away public speaking through the hearing process. The proposals, if implemented, would dramatically change the face
of Ashland and not for the better. Public hearings on the ordinance changes have been scheduled after the decisions have been
pre-made. He suggested rather than charging $1000 for appeals (copying charges), refer people to the web (no charge).
Changes should be done based on an updated Comprehensive Plan done in the public interest.
Stromberg restated that he thought Bullock was trying to say he would like to see for any given change, the issue articulated
and then options for addressing the issue.
EVAN ARCHERD, 550 E. Main Street, expressed his appreciation for the work that has gone into this. He has not had a chance to
go through the changes in great detail. With regard to Section 10, Drive-Up Uses, he does not believe anyone is in favor of
expanding drive-up uses in Ashland, particularly in the Historic District. He is aware of three drive-up uses currently in the
Historic District. We will never get anything else on the Wells Fargo site, for example, if we don't allow that drive-up use to
be transferred someplace else. The Commission might want to think about allowing for existing drive-up uses to be relocated.
If we want to think about a more historic, useful structure being built on probably the most prominent site in Downtown
Ashland (comer of Pioneer, Oak, Lithia Way and Main Street), then there may need to be some mechanism by which that
drive-up use could be relocated. It would provide encouragement to those users to rebuild their structure that might be more
useful to our community.
Stalheim said this is a larger issue policy issue than what we are taking on now.
Stromberg read the e-mail received from Colin Swales dated July 30,2007.
BRENT THOMPSON, 582 Allison Street, encouraged the Commission to move forward and get done what they can get done - to
do the best they can. He believes they have to make incremental changes. If they get majority vote, send it through for the
Council to review.
Thompson commented on the following:
~ 18.40.020 - Permitted Uses - The Commission should discuss if they want to have residential on the first floor in an E-l
zone. Ifthere are more than three units above the ground floor, an elevator is required. .
~ Percentage oflot coverage in PUD's - Example on the extension of Nevada Street where it seemed the square footage the
developer wanted to include could have been achieved if they just kicked more upstairs and shrunk the building envelope.
A common complaint he hears is that houses take up too much of the lot; there is no place kids to play.
~ Minor Land Partitions in existing parcels - Current language states that no lot can be created that is wider than it is deep.
Oftentimes the only way we are going to build a partition is if we end up with a little bit wider lot than it is deep. In
general, the intent of the wording was to stop the wide, land-consuming sprawled out parcel.
~ Signs - There are still instances where they can have signs on three sides of a building.
~ Credit for on-street parking. Currently it is prohibited in an area where the street width is not up to a standard. Do we
really care if the street is slightly narrower? The intent of the credit was to recognize that people are parking on the street
and going into that building. Is the street an important criteria for excluding parking?
COMMISSIONERS' DISCUSSION
Fields commented on the comer curb setback. He said Stalheim had explained that by changing it, it will allow us to have a
broader sidewalk. He thought the problem generally has been that often property lines are further back than the curb. Stalheim
responded that they changed the measurement from the curb line rather than the property lines. By allowing for vision
clearance of both pedestrians and cars, no one will be penalized for having a wide sidewalk. Stalheim met with the Public
Works Director and City Engineers to review the change. He wanted to make sure when we move the line from the property
line to the curb line that we have adequate sight distance. Fields is concerned we could be losing vision clearance that we may
need in the future.
Fields asked if the hotel/motel definition is in essence saying we are going to allow traveler's accommodations in C-l.
Stalheim said they pulled a definition out of a development guide that allows for transient accommodations or hotel/motel by
ASHLAND PLANNING COMMISSION 2
SPECIAL STUDY SESSION
MINUTES
JULY 31, 2007
Conditional Use Permit. The criteria will be whether or not it is compatible with the neighborhood, not whether it has an
outside entrance or a stove.
Fields referred to 18.24.048, Maximum Permitted Floor Area (MPFA) and attached accessory structures with a six foot
separation and added breezeway. If there is a breezeway, can the separation be less than six feet? Assistant Planner Amy
Anderson responded that if structures are six feet away, they can be connected with an unenclosed breezeway, and it is still not
counted in the MPF A.
Fields will make a list of other comments for Stalheim and send it to him. For example, is it the Historic Railroad District or
the Railroad Historic District?
Stalheim said the proposal is nothing more than what is here.
Marsh noted that she'd met with Stalheim about her list. She believes the biggest challenge is to contain ourselves to what is
here and stick with these changes.
Morris will meet with Stalheim.
Black is confused about making the maps for the Comprehensive Plan official. Stalheim said all the maps are existing and
adopted through existing ordinances. They are putting the maps on a parcel database. We want to make sure what is depicted
is what was originally adopted.
Black said when the Siegel report came back to us, she thought it was agreed it was time to clean up the code and do the
housekeeping. What she is hearing tonight is that it is really a nuisance to do the housekeeping because it makes it so onerous.
We are not even looking at the low-hanging fruit. We're not even making those nuisance petty changes and bringing in other
changes, not even in the Siegel report.
Stalheim said the Siegel report contained a lot of things within it. Many of the issues that we are looking at are housekeeping
issues. Staff wrestles with these issues everyday at the counter. Siegel came in as an outsider, but he did not spend the amount
of quality time that Staff does in dealing with these issues on a daily basis. You can't expect everything in the Siegel report to
be the end of things. Most of things Stalheim has pulled out in the memo are the more substantive issues that require some
discussion because many of them have options that require discussion.
What about the typographic errors, punctuation, etc, Black asked. Stalheim said if we are going to get to that level, maybe we
should start over with the code.
Black referred to Stalheim's summary memo outlining the changes. She is concerned about R-2 and R-3 having accessory
units. She is not sure whether the intent of some of the ordinance changes meets the Comp Plan goals. For example, she is
concerned about the R-2 and R-3 having accessory units. These issues need further discussion.
Dawkins had no questions or comments.
Hartzell said in April of 2006 the Council asked for the Siegel report to come back to them and they had a discussion about
whether to include policy changes. They specifically asked for housekeeping changes. If the Commission decides to tackle
policy issues as part of this process, she would ask for a public forum first before the public hearing. She would like a forum
where Staff/Commission articulates to the public what is being changed. Walk through the changes and give options, schedule
meetings that will allow people to attend, and televise the meetings. She wants to make sure the public knows what is
happening and trust is built. Stromberg followed up by saying the Commission could think of doing a more active outreach.
He would like to do a really good job at the public hearing and clearly distinguish items that have policy implications. It's hard
to get the public involved in this because it seems so bureaucratic.
Fields said Staff is concretely trying to move forward. We have an existing ordinance that is not perfect, but semi-functional.
The shear effort ofre-writing the ordinance would require a Comp Plan re-write, but we don't' have the money or the time for
it. He sees the bigger picture - the political body has to struggle with defining how it is going to do business with what we
have, without the privilege of going back and rebuilding the ideal thing. It requires checking in and reflecting to make sure
transparency is there and is it fair. In his experience the process is quite fair in the community and there is a lot of access. The
system seems to be harassed by limited people holding the whole process to its detail. The laws now on the books were made
by people who were all good intentioned, using their best common sense and experience to solve growth issues. Is this list too
ASHLAND PLANNING COMMISSION 3
SPECIAL STUDY SESSION
MINUTES
JULY 31, 2007
much to handle in a public hearing? He believes there are going to be about a half dozen people who have concerns and those
can be addressed. If we throw this out, where will we go from here?
Stromberg said we need to remember that we are the Planning Commission talking via our liaison to the Council. Whatever
we do here is going to be wasted if it doesn't make sense at the Council level.
Stalheim said the purpose of going to a public hearing is to get the public out first and find the hot spots. After discussions
with the public, we can start filtering out. If the Commission wishes to push this to September 25th, that's an option too.
Marsh agreed the public hearing is the right place to deal with these changes. When you start reading the document, there is
very little in it other than clarification. This is about making it easier for people to understand the code - simplify it and clarify
it. The majority of this is just about language. If there is a controversial part that deserves a little bit more focus, that
discussion can occur during the public hearing process. She would focus any outreach we do on letting people understand we
are talking about some changes to the public hearing process; that is where we will get the most interest from people. She
would not support doing the broad kinds of public outreach. Those types of open-ended forums should be reserved for much
larger issues such as planning design workshops or things that will really compel people to come and invest their time.
Hartzell said she has looked at the section in the Staff memo concerning minor policy issues. The Commission can expedite the
process and get through it pretty quickly if it is truly housekeeping. Once they start getting into the policy issues, they are
getting into it for the long haul.
Stromberg is inclined to move forward. He would like to see some kind of statement telling people what we are trying to do
along with using examples. At the public hearing, we need to work hard to give the motivation for every change, and prepare
the presentation so it is alive. We want the lay person to be able to understand this. He would like to see a tailored package
that goes to the Council.
Marsh/Fields m/s to consider the proposed amendments to the Ashland Lane Use Ordinance and set a public hearing date on
September 11, 2007 at 7:00 p.m.
Roll Call: The motion carried with Fields, Marsh, Dawkins, Stromberg and Morris voting "yes" and Black voting "no."
Stalheim said there will be a second draft after August 28th that will be advertised on the City's website.
PLANNING COMMISSION LOOK AHEAD
Wetland and Riparian Inventory and Draft Ordinance - August 28th Study Session
Economic Opportunities Analysis - Public Hearing
Arterial Setbacks - September 25th
Wetland and Riparian Ordinance - Public Hearing in October
Stalheim mentioned the Planning Commission Goals are on the next Council agenda. He encouraged Planning Commissioners
to attend the September 4th meeting at the Council to discuss the Planning Commission Goals.
ADJOURNMENT - The meeting was adjourned at 9:45 p.rn.
Respectfully submitted by
Susan Yates, Executive Secretary
ASHLAND PLANNING COMMISSION
SPECIAL STUDY SESSION
MINUTES
JULY 31, 2007
4
CITY OF
ASHLAND
ASHLAND PLANNING COMMISSION
STUDY SESSION
MINUTES
SEPTEMBER 25, 2007
CALL TO ORDER - Chair John Stromberg called the meeting to order at 7:05 p.rn. at the Ashland Civic Center, 1175 E. Main
Street, Ashland, OR.
Commissioners Present:
John Stromberg, Chair
Michael Dawkins
Tom Dimitre
John Fields
Pam Marsh
Melanie Mindlin
Mike Morris
Absent Members: (excused)
Dave Dotterrer
Olena Black
Council Liaison:
Cate Hartzell, Council Liaison, absent
Staff Present:
Bill Molnar, Planning Manager
Maria Harris, Senior Planner
Sue Yates, Executive Secretary
ANNOUNCEMENTS
Marsh updated the Commission on the Street Fund Task Force, stating they have completed their work. Their mission had
been to look at the street fund, both the maintenance projects and capital projects looking at projected expenditures and
income. There is a significant gap. The street fund is substantial enough to pay for the maintenance projects over the next ten
years with very little available to go toward the capital expenditures. They are making some recommendations to the Council
regarding funding sources. They re-named themselves the Transportation Funding Task Force, and concluded that
transportation planning truly fits into all the urban planning that we do on a daily basis and they are integrated and cannot be
separated. They will pose the question to the Council as to who should do transportation planning within the City of Ashland.
The only transportation planning being done on a strategic level is in the Capital Improvement Plan. It is important the
Planning Commission is in the loop for the CIP projects as they are look at planning projects so they will know what's in the
pipeline. The report will go to the Council on October 1 st.
HEARINGS BOARD SUBSTITUTION - Fields offered to substitute for Mindlin at the October Hearings Board.
ARTERIAL SETBACKS
Presentation by Bill Molnar, Planning Manager and Maria Harris, Senior Planner
Stromberg explained we are working through this process in a sequence of meetings (this is the second meeting) because there
have been ongoing problems and confusion dealing with the front yard setbacks along arterial streets. He understood Staff
would bring a structure to the Commission for analyzing and working on the problem. Tonight, they have brought specific
recommendations and therein lies an ongoing issue. Commissioner Dotterrer brought this up with regard to the Riparian
Ordinance, asking that instead of bringing recommendations, he would rather be given multiple options and let the Planning
Commission get more involved in the problem-solving stage and when the Commission chooses a basic direction, then the
Commission would like Staff to implement that and translate it into ordinance language. For Stromberg, if we are trying to
work on this in an open and creative way, having a very specific recommendation brought to the Commission tends to put them
in a reactive position. Also, sometimes it is difficult to understand the underlying assumptions.
Molnar said a lot of the work Staff has done in approaching the arterial setback issue relates to the underlying assumptions.
Staff proposed specific options if the Commission feels that approach is worthwhile. Ifthere are other objectives, they are
open to hearing those as well.
OVERVIEW
Molnar said this is a continuation of where they left off a couple of months ago in reviewing the arterial front yard setback.
Staff started with an arterial corridor assessment, evaluating each corridor. The corridors are: North Main, East Main, Lithia
Way, Siskiyou Boulevard and Ashland Street. They looked at patterns along each corridor that were generally pleasing to
people and the detractors from each corridor. They then tried to identify the objectives of the overall evaluation and what the
whole process should achieve. Lastly, they tried to identify an approach to meeting the objectives.
The two objectives they identified were:
1. To insure, through preserving or reserving space that these transportation corridors provide a superior transportation
corridor based on the concept in the Comprehensive Plan of modal equity.
2. Insure that development or redevelopment occurring along the corridors is considerate toward these preferred patterns
that establish the character upon which they all agree. Make sure we don't have standards that will be detrimental to
the established patterns.
In order to meet the above objectives, they looked at the following approaches:
1. A street improvements setback that preserves the space back from the curb to insure that if one of the elements from
the Transportation System is missing, that the area will be preserved to accommodate it upon redevelopment.
2. Establish a front yard requirement that protects the agreed upon character that is of importance along each corridor.
Harris gave a PowerPoint presentation (included in the record).
COMMISSIONERS' COMMENTS
1. Look at a maximum setback. (Fields)
2. Break North Main into two parts with Manzanita (approximately) as the dividing line so nothing would be taken away
from the historic portion of North Main. (Dawkins)
3. Develop way(s) to deal with exceptions and still reserve discretion. (Fields)
PUBLIC INPUT
COLIN SWALES, 461 Allison Street, said pullouts for transit stops along Lithia Way or North Main were not mentioned.
With regard to the Downtown Plan Phase II, there were 100 downtown merchants involved in the study area. Only two
showed up for the charrette. He believes we need more input from the downtown merchants and other commercial property
owners. Additionally, the couplet was never discussed in the Downtown Plan Phase II. The couplet was put in to relieve the
traffic congestion and then 1-5 was built and took a lot of the through traffic away from downtown. Are there more creative
options for moving our traffic around the downtown? We need to also look at traffic patterns in downtown. Several citizens
noted a lack of greenery in the downtown. The Site Design Standards handbook requires a ten percent landscaping in the
downtown, but it is not in our 18.72 Site Design Standards. We need to look at opportunities for creating public plazas and
space on the street.
Swales likes the idea of a median along North Main Street. It would provide traffic calming and turning opportunities. A
median would provide a crosswalk as well as turning possibilities.
With regard to Measure 37 (property rights initiative), before we give away this arterial setback, we would seriously want to
consider if we need to give away those rights. There are Measure 37 property owners on one side trying to roll back prior to
the ordinances.
He is speaking as an individual, but he serves as a member of the Traffic Safety Commission and a Liaison to Bike and
Pedestrian Commission. Providing a safe pedestrian and bike environment is high on their list of goals for the coming year for
these commissions.
MARK KNOX, 276 W. Nevada, agreed with everything Staff said. He would like, however, to hear a discussion about going from
a five lane non-multi-modal environment along North Main down to a three lane (two lanes with a middle turn lane) with 9,000
vehicle trips. It's a short length from our town to the downtown. ODOT has widened North Main in the last ten years. He
would like to see a radical approach considered.
GEORGE KRAMER, 326 North Laurel, said he is glad to see they are looking at different standards for residential versus
commercial. To the extent that North Main through town works and the zero setback works in Historic areas for historic
commercial buildings, he is wondering about the logic of requiring an additional ten foot setback for new commercial
buildings. Ifwe are making Ashland Street more a commercial strip, what does the ten foot setback accomplish?
With the 19 foot sidewalk on North Main, not only would trees and houses be lost, but the retaining walls below the four
"Queens" that were built by the City when they widened North Main at the turn of the century would be lost. Reality is messy.
There is a certain interest in the differences. Over time, the jogs, differences, changes in setbacks one experiences, provide
visual interest. He wants the Commission to be careful about how rigid the standards are.
ASHLAND PLANNING COMMISSION
STUDY SESSION
MINUTES
SEPTEMBER 25, 2007
2
Stromberg asked what Kramer would propose as an alternative. Kramer suggested they might want to have a range of widths
to allow flexibility, and to develop a range of treatments. There is a functional aspect of what they are trying to solve, but this
is the City's opportunity to set a tone in its part ofthe public space that is reflected positively. There's value in variety.
Whatever happens on Ashland Street, we need to think about doing interesting, creative things.
RUSS DALE, 230 Wilson Road, said much of the emphasis has been placed on discussing the setback from the curb and talking
too much about what the width of the street should be. He doesn't want to miss the gravel shoulder on Siskiyou Boulevard.
Maybe the street doesn't have to be as wide and instead provide with us with more pedestrian and bike amenities. Let's not
look at just the setback, but look at how wide the street is.
EVAN ARCHERD, 550 E. Main Street, thanked Stafffor tonight's presentation and for the presentation at the Presbyterian
Church. The speakers the other night talked quite a bit about connecting various commercial nodes and referred to them as
"strings of pearls." It occurred to Archerd that there are a couple of redevelopment sites along Ashland Street, particularly
Mihama's and 7-11, the mobile home park that was removed, and Lumpy's. There are individual commercial sites connected
by various kinds of residential sites in between. It might be a mistake to require a ten foot setback everywhere along Ashland
Street. Not in every instance is a ten foot setback is required, particularly on the properties across from the college where there
a lot of pedestrian traffic.
When considering the setback on Lithia Way, it is important to give it a historical context. The 1988 and 2001 Downtown
Plan, most of the transportation plans, and the Downtown Historic Plan have always called for a zero setback. It is a good idea
to create a little wider sidewalk in that area. He thinks it is important to have parking downtown and believes it would be a
mistake to re-zone the north side of Lithia Way.
COMMISSIONERS' DISCUSSION
Dimitre said this analysis started out as a front yard setback analysis. He said Kramer referred to a presentation slide that was
an example of a ten foot setback for a non-historic commercial building. Harris said the ten foot setback for non-historic
commercial development is a Site Design and Use requirement. The arterial front yard setback is from the front property line
20 feet in. Staff is suggesting the Commission repeal that because Staff believes the intent of the original ordinance was to
look at preserving space for street improvements. They have looked at all the streets, identified what is missing and Staff is
saying mostly what is missing is up to standard sidewalk pieces. The measurement should be from the back of the curb
towards the property - the new build-to line. Molnar added if you repeal the 20 foot setback, it leaves you with the existing
standards in the Site Review Standards. In a commercial historic district, there is really no setback other than that for building
design and offsets. Outside the Historic District, there is still a ten foot requirement.
Stromberg read 18.68.050. Ifhe reads it correctly, this would not apply to the eventual widening of Lithia Way. Molnar said
that over the last ten to 15 years there has been a review of setbacks and the Downtown Design Standard process as well as the
development of our Detailed Site Review Standards which also exempt the Historic District from the ten foot. That is another
document that in the 90's brings the buildings up to the sidewalk. There was an elaborate process with citizens talking about
building setbacks. He does not think everyone would have spent that much time if all of sudden they realized the standards
didn't apply because there was setback hidden in 1868. It would have been a waste of time to create the design standards
because 18.68 would override them.
Harris said what Stromberg is getting at is, are people on board with the current urban design approach or not? The language
from 18.68.050 was from 1964 and she believes they are outdated urban design principles that wider is better. You can balance
good urban design and still have light and air and landscaping and make it all work. The Site Design and Use standards are not
new. They have been around since the 1980's and 90's. They have talked about bringing buildings up to the street and having
this kind of orientation.
Dimitre would like to know the differences between what we have now and what is being proposed. He needs more specific
information.
Fields said what we are looking at is 13 to 15 feet of sidewalks and for a new building ten feet (23 to 25 feet from face of curb).
What seems to be missing is establishing either from centerline of right-of-way to the back side of the curb. He believes we
have to identify all the corridor widths. We need to link all the changes to the Transportation Plan. Harris said Fields is talking
about survey level information. Generally, we don't have right-of-way widths and curb-to-curb widths readily available.
Fields said, in order to plan, we have to identify where we are going with the street widths and the rights-of-way we need.
Harris said they are assuming the curb line isn't going to change on all the streets except North Main, based on our long-range
Transportation Plan and model and the Transportation System Plan.
ASHLAND PLANNING COMMISSION 3
STUDY SESSION
MINUTES
SEPTEMBER 25, 2007
Molnar said more than likely the curbline will be the constant. On North Main it is most difficult because there is fluctuation.
Harris thought it might be better to tackle the four corridors and potentially leave North Main until later. Maybe North Main
needs a full blown corridor study.
Siskiyou Boulevard has had two or three iterations. It's just a matter of figuring out what you need on a street and then get it
all to fit into the space that is there now.
Marsh said she started tonight by reporting about the Street Financing Task Force and how we clearly recognize that
transportation planning needs to be integrated with Planning and this is an obvious example of that when we've been talking
about designing streets and the kind of streets that we need to carry traffic and the kind of development we want to be on those
streets. It is her long-term hope that we look at ourselves as a planning and transportation commission.
Marsh continued that it looks like we are looking at two levels of decisions. The first set of decisions is: What kinds of street
frontage improvements do we want in these areas? How wide should the sidewalk be? Should there be a parkrow? How wide
should the parkrow be? The second set of decisions would be: How close should the buildings be to whatever street frontage
improvements we make? She suggested we narrow down our focus to start with one of the arterial sections. She would like to
start with Lithia Way because it is of great interest to a lot of people and most likely to be re-developed in the near-term future.
Let's practice the planning process on Lithia Way. Let's see what kinds of information we need and how it all plays out in
looking at setbacks and street improvements and then see if we can move onto the other pieces. She would also be ready to
work on the whole package.
Molnar wondered if Marsh had in mind to go out and lay some things on the ground to see how close improvements would be.
Marsh thought it would be good to have a cross section of Lithia Way to show the Commissioners where the property lines are
and some of the information that is being questioned. It seems like a relatively easy area to get the kind of information Dimitre
is looking for in terms of what would be allowed under current circumstances.
Stromberg believes Marsh's suggestion is an interesting one, however, Lithia Way is not the one he would choose because: 1)
it is politically charged, and 2) it's the whole question of doing the Downtown Plan and it's right smack in the middle of that.
He would support picking one of the others, such as North Main.
Fields understands what we are talking about is rescinding 18.68.050 and looking at a modification. Harris said it deviates
from the street standards that are on the books because we are saying to use a residential standard on Ashland Street and North
Main just continuously. Fields said we have this very simple, clear clarification that doesn't reduce the 20 foot by much. He
believes Staff is giving the Commissioners a suggestion on how to clean up the arterial setback issue. The question is: Do we
agree with Staff or not and does this general proposal move in the direction we want it to go?
Harris went back to her original presentation that one of the assumptions is that we don't have the resources available to do a
corridor study. It's one thing to do illustrations to better explain how things would change, but when you start going out to
Lithia Way and looking at where property lines are in relation to the current street improvements, that is getting into a corridor
study. Minimum cost of a corridor study is $60,000 and you'd be looking at a one to two year process for five different streets.
The decision point the Planning Commission has to make is: Do you want to something that makes the Site Design and Use
Standards more consistent with what's on the books in the commercial areas and do you want to do a relatively quick fix that
keep hearings from getting confused and contracted and long in the future or do you not want to do a quick fix? We can bring
more information to illustrate the changes better, but beyond that, you're looking at something more involved.
Further discussion ensued regarding if one of the streets presented tonight should be chosen to study, what street to choose and
when it should be chosen. There was a general understanding that there are not resources at this time to do a corridor study.
The discussion concluded with the Commission voting informally (Marsh, Dawkins, Dimitre, Mindlin and Stromberg favored)
to move forward with Staff working on gathering more information on just Lithia Way and bringing it back to the Commission.
Molnar said they would look at how it would work out on Lithia Way if they use a minimum setback of 15 feet from the back
of curb for a commercial standard pedestrian corridor with five foot tree wells and a ten foot sidewalk. He said they can take
one or two sections and identify what street frontage improvements would occur under this scenario and how the improvements
on the private property would relate to those street frontages. They will continue to keep in contact with Public Works
concerning measuring from the curb.
ASHLAND PLANNING COMMISSION
STUDY SESSION
MINUTES
SEPTEMBER 25, 2007
4
n_ I
PLANNING COMMISSION GOALS
Stromberg handed out a list of revised goals. He thought the Commission could take another look at the goals, set up a
meeting with the Council to talk about the goals with the idea they could hear our goals before the budget process begins for
next year. However, in the meantime, David Stalheim resigned and that left a question - what is going to happen?
Stromberg suggested we deal with our highest priority items and get them cleaned up this fall so we can be ready to move
ahead with whatever is going to happen with visioning and the Comprehensive Plan. Stromberg would like to review the
Planning Commission goals every four months. Whatever decisions we make about our goals, we have to make sure that we
have the ability to do our part of the work and that it's within the capacity of Staff to get that work done. After our discussion
tonight, Stromberg will work with Molnar to see how it will fit into our workplan. He will bring that to the next meeting on
October 4th.
Stromberg reviewed his list of "Planning Commission Goals Revised 9/25/07 - Proposed"
1. Visioning - started in early 2008. Good lead-in for doing the Comp Plan.
2 Ordinance Review
(Siegel) Try to harvest things from the work we have done rather than expanding the ordinance review. Pass it as
soon as possible and move to the Council. Proposing Morris, Fields, Stromberg and Molnar meet and decide what
should go through.
Procedural Changes - Set aside and wait until new dept. head is in place or wait until interim person is in place.
(Marsh believes we shouldn't wait too long because if we end up short-staffed, some of the procedural changes could
be assets)
Policy issues - Put on our pending list.
1. Riparian Ordinance/Wetlands Inventory - Have to stay with this and get it done.
2. Economic Opportunities Analysis - Molnar will bring it to a meeting soon.
3. Croman Plan - The state has hired consultants to do this. This needs to be on an agenda soon.
4. Arterial Setback - Next step decided at tonight's meeting.
7. Planning Commission Roles & Responsibilities - The City Administrator is going to talk to each individual Councilor
and negotiate wording they would be comfortable approving. She will bring it back to the Commissioners.
(Comment: Mindlin and Marsh believe this is an inconsequential piece.)
8. Planning Commission Training & Candidate Prep - Make sure for us and future Planning Commissioners to
understand the basics of how we operate in a quasi-judicial manner. It should be institutionalized
9. Regional Problem Solving - We need to hear about this soon as it is relevant. Stalheim will do a presentation before
he leaves.
Dimitre /Dawkins m/s to approve Stromberg's list. Voice Vote: Morris cast the only dissenting vote.
ADJOURNMENT - The meeting was adjourned at 10:00 p.m.
Respectfully submitted by,
Susan Yates, Executive Secretary
ASHLAND PLANNING COMMISSION
STUDY SESSION
MINUTES
SEPTEMBER 25, 2007
5
CITY OF
ASHLAND
ASHLAND PLANNING COMMISSION
HEARINGS BOARD
MINUTES
NOVEMBER 13, 2007
I. CALL TO ORDER
Commissioner Mike Morris called the meeting to order at 1 :32 p.rn. at the Ashland Civic Center, 1175 E. Main Street,
Ashland, OR.
Commissioners Present:
John Stromberg
Mike Morris
Melanie Mindlin
Absent Members:
None
Council liaison:
Cate Hartzell, absent due to quasi-judicial agenda
Staff Present:
Amy Anderson, Assistant Planner
Angela Barry
II. APPROVAL OF MINUTES: October 9,2007 Hearings Board Minutes (to be approve at tonight's Regular Meeting)
III. TYPE I PLANNING ACTIONS
A. PLANNING ACTION: 2007-01746
SUBJECT PROPERTY: 677 N Main
OWNER/APPLICANT: City of Ashland
DESCRIPTION: Request for a Site Review approval to construct a new neighborhood park located
at the end of Scenic Street at 677 N Main Street.
This action stands approved.
B. PLANNING ACTION: 2007-01750
SUBJECT PROPERTY: 98 Westwood Street
OWNER/APPLICANT: Daneman / Urban Development Services
DESCRIPTION: A request for Minor Land Partition approval to create three lots including one flag
lot for the property located at 98 Westwood Street.
This action stands approved.
C. PLANNING ACTION: PA2007-01754
SUBJECT PROPERTY: 720 Indiana St.
OWNER/APPLICANT: John Hohulin
DESCRIPTION: Request for a Conditional Use Permit to construct a two-story structure, with a
484 square foot accessory unit on top of a two car garage, located at 720 Indiana Street. They are
removing a 12-inch walnut and a 16-inch willow in order to construct the new building.
This action stands approved.
D. PLANNING ACTION: PA-2007-00802
SUBJECT PROPERTY: 380 Clay St
OWNER/APPLICANT: D & A Enterprises
DESCRIPTION: A Request for Final Plan Approval for a 53 lot, 107 unit multi-family development
under the Performance Standards Options chapter for the property located at 380 Clay St. The
subdivision outline approval included requests for tree removal and for an exception to the City Street
Standards to allow a portion of sidewalk along Clay St to meander around a Cedar tree located at the SW
corner of the property.
This action stands approved.
IV. ADJOURNMENT: The meeting was adjourned at 1:44 p.rn.
Respectfully submitted by
Susan Yates, Executive Secretary
CITY OF
ASHLAND
ASHLAND PLANNING COMMISSION
REGULAR MEETING
MINUTES
NOVEMBER 13, 2007
CALL TO ORDER
Chair John Stromberg called the meeting to order at 7:00 p.m. at the Council Chambers, 1175 E. Main Street, Ashland, OR.
Commissioners Present:
John Stromberg, Chair
Michael Dawkins
Mike Morris
Olena Black
John Fields
Pam Marsh
Dave Dotterrer
Melanie Mindlin
Absent Members:
Tom Dimitre, excused
Council Liaison:
Cate Hartzell, Council Liaison, absent due to quasi-judicial
agenda
Staff Present:
Bill Molnar, Community Development Director
Derek Severson, Associate Planner
Sue Yates, Executive Secretary
ANNOUNCEMENTS - There were no announcements.
APPROVE AGENDA
Marsh/Dotterrer m/s to approve the agenda. Voice Vote: Unanimously approved.
CONSENT AGENDA
Approval of Minutes
October 4, 2007 - Special Planning Commission Meeting
October 9, 2007 0 Regular Planning Commission Meeting
October 23, 2007 - Planning Commission Study Session
DotterrerlDawkins m/s to approve the Consent Agenda. Voice Vote: Approved with Black abstaining.
PUBLIC FORUM - No one came forth to speak.
TYPE II PUBLIC HEARINGS
PLANNING ACTION: PA.2007.01756
SUBJECT PROPERTY: 705 Helman Street
OWNER/APPLICANT: OgdenRoemerWilkerson Architecture, AlA
DESCRIPTION: Request for Site Review approval to construct an approximately 6,400 square foot gym addition and a
5,010 square foot library addition at Helman School, with related interior modifications and sitework.
Ex Parte Contact/Bias/Conflict of Interest/Site Visits
Dawkins, Dotterrer and Stromberg had a site visit. Fields, Black, Mindlin, Morris and Marsh did not have a site visit. There
were no ex parte contacts. No one came forth to challenge.
STAFF REPORT
Severson eXplained the application as outlined in the Staff Report. The application would typically have been subject to an
Administrative approval as a Type I action, however, after reviewing the initial submittals, Staff identified three issues they did
not feel had been sufficiently addressed to grant Administrative approval. As such, Staff scheduled this for a hearing, making
some modifications and imposing some conditions allowing for approval rather than delaying the application.
Staff concerns include:
1. Proposed changes to the onsite bus staging - The applicants submitted additional information indicating the buses
serving the school will stage on the newly paved lot off Randy Street. The circulation pattern would not change, just the
site staging. The purpose of the change is that the existing parking lot off Helman currently accommodates school
parking, parent drop-off and bus drop-off. The primary goal of the project was to separate the bus traffic from the parent
drop-off area in order to reduce the safety hazard created by children darting between cars. The applicants felt that
relocating the bus staging site to the northwest comer lot would have a significantly lesser impact to the Randy Street
neighborhood. Staff concurs with this assessment and believes the proposed relocation of the bus staging site to Randy
Street and the associated changes in bus circulation will improve student safety without significantly altering the bus
traffic to surrounding streets.
2. Signage - Staff believes the proposed large dragon mascot shown on the north wall of the proposed gym building
clearly falls under the definition of a sign. Staff has advised the applicants that a Conditional Use Permit would need to be
obtained prior to placement of the signage and a condition has been added.
3. Gym has not meet Site Review criteria - The criteria calls for buildings to have their orientation to the street rather
than to parking areas, with entrances oriented to the street and access from a public sidewalk. Without an entrance it will
leave a 63 foot unadorned concrete wall facing the street except for the green screen wire mesh paneling. Staff was
concerned the proposed building turned its back on the neighbors. And, the fact the wall was situated at the bend in Randy
Street at the logical terminus of a motorist's line of sight made the wall an even more prominent feature of the streetscape.
Staff felt strongly that the orientation and relationship to the street were a critical element of the design that needed to be
better established to satisfy the standards. Staff believes the entrance to the southwest comer of the building could be
relocated to west side, with appropriate entrance covering and hardscape/landscape treatments to provide a clearer
orientation and sense of entry toward Randy Street. Additionally, a change in materials around the entrance could be
further used to identify and emphasize the entrance, and the area between the west side of the building and Randy Street
could be landscaped to emphasize a connection to the Randy Street streetscape. Public space would be extended and
defined through hardscape, and a walkway extended to provide a pedestrian connection to the newly defined westerly
entrance. The applicants provided a revised elevation drawing that has been handed out tonight.
Overall, Staff is supportive of this request, and the proposal represents a significant enhancement to the overall campus both in
separating the bus staging area from parent drop-off and developing a courtyard space between existing buildings and the new.
Staff believes the revised west elevation could be found to satisfy the standards for a sense of entry and orientation to the street,
however, the changes to the elevation have not been carried through to landscape plans to illustrate a walkway connection to
the sidewalk or the landscape and hardscape elements Staff requested to better define a relationship to the street. There are six
attached conditions and Staff is requesting a slight modification to Condition 4 A: The applicants shall provide. . . material
changes, "and a revised landscape plan, incorporating a walkway connecting to the sidewalk, the addition of columnar trees
and conifers, as recommended by the Tree Commission, and hardscape and landscape treatments to provide a small courtyard
area and clear orientation and sense of entry toward Randy Street for the review and approval of the Staff Advisor."
Questions of Staff
Black wondered if the entrance was revised so the area could be better monitored by an adult. By moving the entry around the
comer, does that leave the entryway more vulnerable to monitoring? Severson said the applicants expressed those concerns.
Staff was not looking for a primary entrance so it might be locked at times. Molnar said the entrance on the west side is a
secondary entrance.
Dotterrer asked the purpose of the walkway from Randy to the west entrance. Severson said it would be to provide a
connection to the street, for appearance, and it could function as an entry or ventilation during a game.
Molnar explained that in looking at the bigger picture, there has been a discussion of community buildings and their impact on
the community. The neighborhood schools are focal points of the neighborhoods, demonstrating the pride this community has
in academics. Staff felt the western side of the gym and its prominence on Randy Street, especially coming up from Laurel
Street, that there could be some changes to have a greater respect for the street and how the residential buildings on the
opposite side of the street relate. After meeting with the applicant, Molnar said they believed that with some minor changes to
the site plan and entrance features, that they could create a better architectural and physical connection to the neighborhood
across the street.
PUBLIC HEARING
JULI DICHIRO, Superintendent of Ashland Schools, Ashland School District #5, 885 Siskiyou Boulevard, expressed her enthusiasm
in coming to the Commission with the first of many projects that are funded with their bond revenue. This represents a
partnership they have with the community. The plan is a result of a 22 member community committee that met for 18 months
to study all the school district facilities, ultimately making a recommendation to the school board. Helman School was
designed at a time when there were some assumptions of school design that we do not hold today. Helman School has more of
a campus approach to an elementary school with four different quads all disconnected from each other and with entrances on
all sides of the campus. With the proposed plan they hope to encourage the use of the main entrance of the school on Helman
Street and discourage use of the other entrances. They currently have a hard time monitoring adults that come on campus even
for legitimate purposes because there is no real guide to the main entry. The gym is proposed in order to separate the functions
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of the current gym/cafeteria. The library is too small to meet today's needs for a media center. By separating the bus and
parent parking pick-up and drop-off areas for students, DiChiro emphasized that safety and security should improve. She noted
all the school buses have been retrofitted to use green diesel that emit no fumes. She said they would discourage use of the
door on the west side of the building because of safety and security issues.
DAVID WilKERSON, OgdenRoemerWilkerson Architecture, 2950 East Barnett Road, Medford, OR 97504, said they have tried with
their proposal to provide a safe and secure learning environment while trying to ease the conflicts between cars and buses.
With regard to the dragon mural, Wilkerson was hoping they could use the governmental sign allowance in the ordinance for
their mural, but he is happy to apply for a Conditional Use Permit for the mural.
Wilkerson said it is their preference not to put an entry door on the west side. They have tried to orient the entry on Helman
Street. It seemed to make the most sense to orient the entrance to the gym toward the new courtyard and reinforce that Helman
Street is really the front of the school. They tried to address Randy Street to the north even though it is from a distance.
Marsh would like to hear more about how the landscaping could be used on the west side of the gym.
GREG COVEY, Covey Pardee landscape Architecture, 295 E. Main Street, #8, asked Severson to read the Tree Commission
recommendations. Each Commissioner received a copy of the recommendations and Severson read them aloud. Covey said
their goal is to provide additional coniferous and deciduous trees on the west side and more screening in the form of larger
broadleaf deciduous and evergreen shrubs for color accent on the west side. The question would be if the Commission would
require the sidewalk connection directly out to Randy Street versus going due north to the bus drop-off sidewalk. It is higher in
elevation to go to the bus drop-off sidewalk.
Severson read an e-mail from Ann Bodin, a neighbor of Helman School, outlining her concerns.
Rebuttal
DiChiro said she believes their school population has stabilized and they do not foresee any additional school closures.
Helman School needs a bigger library space to address the needs of the 2151 Century. The gym space is very appropriate for
elementary schools. The community will have access to the buildings just as they do now. However, the high school and
middle school are used most frequently by the community.
Wilkerson said the gym at Helman is exactly the same size as the new gym at Bellview School because they are serving similar
populations. The library will accommodate all the books that Helman has, it will include a media center, a classroom, a
computer lab, study areas and reading areas. DiChiro said the library will be handicap accessible.
Wilkerson passed around a photograph showing the viewshed. The building height will be a little higher that it is currently, but
the street trees will impact the view of the building.
Stromberg closed the public hearing and the record.
COMMISSIONERS' DISCUSSION AND MOTION
Dotterrer wondered if it is Staff s position that the entrance on the west side and the sidewalk be included in order to meet the
criteria.
Molnar explained that while there has been a focus on the entrance, there is roughly 45 feet between the blank wall and Randy
(a no man's land). Is there something to create focus and relationship to the neighborhood? While there is a real internal focus
to the campus that we respect, there is an opportunity as you look around town to see other campuses and how they relate to the
street. Molnar's fondest memory with having a child at Lincoln School is the end of the year party that was held on the front
lawn of the school, with neighbors dropping by. Our public schools are in neighborhoods not be insulated, but to be a part of
the neighborhood.
Molnar said some of the Commissioners might remember when the Mountain Avenue Theater and the Oak Knoll Golf Course
maintenance buildings came before the Commission. There was a lot of concern in holding public projects to the same standard
as private development. A committee was formed by the Council to look at civic design standards. Instead of developing new
standards, the committee decided it was in the community's best interest to work with the public institutions to compel them
think about what type of impact they will have on the fabric of the community.
As a point of information, Molnar said the relationship of the west side of the gym to the street is an issue that was raised
during the pre-application conference in July. We should look at the package, not just the door.
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Marsh asked if there are any amendments to the landscaping plan that could better respond to the neighborhood. Molnar said
the landscape plan is primarily turf and screening. Is there still a way to bring a walkway down to the northwest comer
entrance through landscaping? The applicants have a very qualified design team and they looked to the applicants to present
some options.
Fields would look for an architectural solution on the west side instead of a door.
Black does not see a reason for the west entrance, however, she can envision large broadleaftrees covering the west wall and
over time, the trees will get larger and will eventually provide a shaded area. She said there will be a defacto trail coming from
the southwest comer towards the south side of the building where there is a porch cover. The parking design creates almost a
pocket park.
Marsh said they want to accomplish landscaping to block and soften the blank wall. It seems a path from the back door to
Randy Street that is planned might be a way to create an identity and connection to the community.
Molnar understands they want the applicants to provide a sense of entry and connection to the westerly portion of the campus
to Randy Street primarily through landscaping and some simple architectural treatment to the west side of the building, but not
including an entrance.
Appicello explained if the Commission wants Molnar to make a clear decision, a new notice is not needed, but ifit is too wide
open, then a notice will be required.
Molnar said based on the testimony, the primary entrance to the gym is facing Randy Street and connected by a walkway so it
can be found to have an orientation toward the street. The placement of the gym works like a comer lot. The condition can be
flexible because it isn't so much to comply with the orientation standard, but recognition that it has a second face that faces
Randy. A condition is still needed.
Dotterrer/Dawkins m/s to approve PA2007-01756 with a modification of Condition 4A to read as follows: The applicant shall
provide revised elevation drawings addressing the west elevation of the new gymnasium building to include a walkway from
Randy to the southwest corner of the building and landscape and architectural treatments to provide a clear orientation and sense
of entry toward Randy Street.
Fields/Black m/s to call for the question. Voice Vote: Unanimous.
Roll Call: The motion was unanimously approved.
PLANNING ACTION: PA-2007-01398
SUBJECT PROPERTY: 167,185 and 203 N Mountain Avenue
OWNER/APPLICANT: Havurah Friends Investment Group LLC
DESCRIPTION: Request for Outline Plan Approval to allow a 12-lot, 15.unit subdivision for the properties located at
167,185 and 203 North Mountain Avenue. Also included are requests for: the modification of a previously approved Site Review
and Conditional Use Permit (#2001.0039) for the Havurah Jewish Synagogue; Site Review approval to construct a two-story, six.
unit residential building; a Tree Removal Permit for the removal of one nine-inch diameter pine tree from Tax Lot #1701; and a
boundary line adjustment with Tax Lots 1600, 1701, 1800 and 1700. (This request supersedes the previous Outline Plan approval
for a 14-lot, 13-unit subdivision granted under Planning Action #2006-01091.)
Ex Parte Contact/Bias/Conflict of Interest/Site Visits
Marsh stepped down from the hearing and left the room. Her husband is working on a project with Larry Medinger. Dawkins,
Dotterrer, Stromberg, Morris, Mindlin and Black had site visits. Fields had no site visit. There were no ex parte contacts.
There were no challenges.
STAFF REPORT
Severson described, in detail, the five components of this project as outlined in the Staff Report.
1. Boundary Line Adjustment - Because the existing lots are triangular, creating significant narrow areas that make
efficient land use difficult, the applicant has proposed to adjust boundary lines in order to square off the lots to make a
more logical and efficient configuration. (See Staff report for more details.)
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2. Outline Plan - The applicant is requesting Outline Plan approval to subdivide the property into 12 lots accommodating
15 residential units. Eight lots are proposed to be developed as single family residential units, with six of these as
attached, zero lot line units and two detached residences along the flag drive. The remaining lot is proposed to contain
a six-unit, two story condominium building. The proposal supersedes the previously approved 14-10t subdivision
approved under P A2006-0 1 091.
The following topics were discussed in the Staff Report:
Access Page 3
Open Space Page 3 and 4
Existing and proposed facilities Page 4 and 5
Base and Bonus Density Standards Page 10 and 11
Staff believes the application appears to meet the criteria for Outline Plan under the Performance Standards which
allows for more flexible lot layout and design, approaching an effort to preserve natural features, encourage
innovation and energy efficient building design.
3. Modification of a previously approved Site Review and Conditional Use Permit for the Havurah Jewish Temple - See Page
5 and 6 of Staff Report.
4. Tree Removal- See Page 6 of Staff Report.
5. Site Review Approval - See page 5 and 6 of Staff Report.
The Performance Standards Option requires that a private drive serving four or more units located in an R-l zoning district, be
improved to street standards and dedicated as a public street. The application proposes a 20 foot wide flag drive for Lot 10 for
a six-unit residential condominium building. The applicant is proposing to split the vehicular impacts of the building so the
vehicles will enter from Mountain A venue and exit toward Clear Creek. Half the vehicle trips are incoming and half are
outgoing trips so neither of these driveways would have more than three vehicle trips. Since the packets were prepared, Staff
believes this should have been noticed as an Exception to Street Standards and it was not addressed that way in the Staff
Report. Staff believes the information provided supports an Exception to Street Standards and, as such, Staff would
recommend the hearing be continued to next month to allow re-noticing of the application as an Exception to Street Standards.
Staff will bring Findings to that meeting to avoid creating any further delay to the applicant.
Dotterrer asked ifthere is an issue with a multi-unit building in an R-l zone. Molnar said a Planned Community Development
is an acceptable permitted use in an R-l zone. They have to look at the overall density of the project and how the buildings and
uses are situated. The Commission has broad discretion. It still needs to be found that it is appropriate and to the cumulative
density.
PUBLIC HEARING
LAURA ROBIN, 1090 Elkader Street, past President of the the Havurah, gave some background on the project. When the land
came up for sale, it became a shared vision and an opportunity for the Havurah to help the community, the elderly and the
elderly and children get together while supporting diverse housing needs. Everything fell into place. Of the 14 units to be built,
nine have already been reserved to the extent possible.
MARK KNOX, Urban Development Services, LLC, 700 Mistletoe Road, Suite 204, said he thinks they will be able to have a
sidewalk along the alley. They anticipate no more than 30 vehicle trips per day. Units in the R-l zone, as they did in the
Billings Ranch Subdivision, were designed in order to create open space. He noted the path (next to the wetlands) as a pretty
important connection. The connection is 200 feet from the new street to the beginning of the Railroad Park on 8th Street. The
walk takes approximately one minute.
Knox said this section of town has no storm drains at all. This subdivision will take care of storm water with a device where a
small portion of the water will continue to flow towards the wetland and a large portion will be collected and run down a whole
new system that will go down Mountain to Ashland Village Drive.
With regard to the wetlands, the City has tried to address the issue ofre-routing water. The Public Works Dept. is looking
forward to making certain connections occur, but at the same time, maintaining some wetlands that are there. The applicants
are proposing to some mitigation by adding approximately 2000 square feet of additional wetland. They did that to expedite
their review process through the Division of State Lands and the Corps of Engineers. They plan to pipe water from the ditch,
disperse a portion of it into the wetlands to create a bioswale.
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Knox agreed with Staff's direction about holding off and noticing for the Exception to Street Standards next month. He agreed
to move forward with it at next month's meeting.
LARRY MEDINGER, 115 Fork Street, said this is the oddest collection of properties. He has a respect for the specific needs of the
seniors. The condominium building came about because they had some "grandmas" that needed a place to live.
Black/Dawkins m/s to extend the meeting to 10:00 p.m. Voice Vote: Approved unanimously.
Molnar said with there is a maximum number of dwelling units the flag drive can serve before you start looking at a public
street in order to avoid creating private neighborhoods not connected to adjacent neighborhoods. It's an extended standard of a
flag drive to allow a certain number of units to be served off a driveway coming off a public street, but with limits so we are
not creating segregated, private enclaves. In the past, in order to encourage joint use, they have been able to make a finding that
the units fronting a public street have not been included in the unit count.
SHARON JAVNA, 219 Almond, expressed her excitement with the proposal and the idea that this religious place is very interfaith
and open to the whole community. She wants to see more diversity - they want multi-age, multi-class to create community.
STEPHANIE PHILLIPS, Havurah Council member, 184 Faith Circle, Talent, said she is involved as a Havurah member. Many of
their events are supported by the community. They took this project to a full member vote and there were two abstentions and
one "no" vote; the rest were in favor. She noted all the benefits of the project.
JUDY NEWTON, 205 Granite Street, agreed with the others. She described the positive aspects of the proposal. It takes the
neighbors into consideration.
EMILY ZOOK, 308 Patterson, is a strong supporter of communities that will eliminate cars. She has worked with the Havurah
and is very supportive of the project.
FRAN ORROCK, 1030 Ivy Lane, is a member of Havurah and an investor in Havurah Financial Investment Group (HFIG). She
and her husband have a reservation on Lot 9, and she is an Ashland resident. They went through the 1997 flood and they are
very aware of the impact of impervious surfaces. They are looking for a design for themselves that is intergenerational, that
provides for community and caring, that maximizes southern exposure, and allows green spaces.
ST AN SCHULSTER, 165 Pilot View Drive, joined HFIG to fulfill a dream. He talked about love, respect and sharing. He wants to
integrate the kids at the Havurah School with their adopted grandparents in the residential units. He asked for approval.
DANIEL MILAN, 460 Wilson Road, said he likes to be close to a multi-age population. He likes being able to walk, bike and use
other alternative means of transportation. He supports this proposal.
AL SILVERWITZ, 1600 E. Nevada Street, repeated that this project sets the table in terms of master planning that is going on in
the City and begins the connection between this section where the project is and the Railroad District and Downtown. It's a
development space with some complication and problems, but problems that any development will have to deal with. He
believes the way the planning has happened on this project, that probably 200 people have had a say during the process. This
is a good beginning to make those connections.
KATHERYN MCELRATH, 165 Pilot View Drive, believes the proposed project will be a great improvement in the neighborhood
and is hopeful the project will be approved.
Dotterrer/Fields m/s to continue this action to the regular Planning Commission meeting to be held on December 11, 2007 at 7:00
p.m. at the Council Chambers. Roll Call: Unanimously approved.
Fields/Dawkins m/s to extend the meeting to 10:30 p.m. Voice Vote: Approved.
PLANNING COMMISSION GOALS - NOV. 11. 2007 - COMMENTS TO DRAFT
Stromberg said the value of having goals is that it helps us focus on where we are going to spend our energy and time in the
months to come. Secondly, it enables us to start to communicating and coordinating with the City Council. He would like to
start distinguishing what are our goals and what are our tasks.
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Marsh said the list looks more like a work plan for the next one to two years. A goal is some broad aesthetic thing that we aim
for.
Dotterrer believes Priority I is a goal, but needs to be divided up.
Morris said we have put so much time into the items under Priority 2 that he would like to see accomplishing the Priority 2
items as a goal. He didn't know why they weren't Priority I.
Stromberg said Priority I was more global. Council has been looking at all four parts of Priority 1. He believes visioning is
crucial and has to address the items in Priority I, and that the four areas depend on each other.
Morris asked if we are going to stop everything to do visioning. He would like to see Priority 2 items move ahead of visioning.
Stromberg said the items can be worked on simultaneously. He agreed that all the Priority 2 items need to be done.
Mindlin agreed with Morris that the Priority 2 items are things we have been working on for a while. The goal is to complete
projects in which we have already invested a great deal of time and energy.
Marsh suggested taking the list and the items that are underlined and passing it to the Council. She is happy with the list and
there are probably more things we can add, but not yet.
Fields said we have a work plan and we will spend the next year finishing Priority 2, Items A-D. Every vision that is created is
usually only done by about a 100 people. Visioning is a constant renewal process to see where we've been and where we are
going. Though the Planning Commission can serve a role, the Council has to get it together and figure out where they want to
go.
Marsh added that the Council needs to define our role and what they want from us. Mindlin said we need to tell the Council
we want visioning, etc. We are just waiting to do it. Dotterrer said community visioning is not necessarily ours to do, but it is
important to do - all the Council needs to do is tell us what they want us to do. He wouldn't mention any of the pieces of the
Comprehensive Plan - just say the whole Comprehensive Plan. He thinks CP AC is a different issue.
Fields said more important than the Comp Plan as a goal is for the Council to provide leadership. We need to decide on how to
communicate with the Council and what we expect of them and what they expect of us.
Black would like to see Stromberg's community dialogue continued. You look at the Comp Plan and look to see where there
are changes in the underlying assumptions, and then ask if there are policy changes that need to be made.
Dawkins referred to rising gas prices. No one wants to talk about oil depletion. He would like to be some things that look
toward that crisis. He is looking at something preventative.
Marsh has been reflecting on when Molnar and Harris came to them to talk about then what they wanted to do with a major re-
do of the Comprehensive Plan. They specified the first year they would have undergo a values clarification process. It seems
we can use the visioning process to be the values clarification. However, the Planning Commission can't take it any further
than to say to the Council this is a really important process to the Planning Commission until the Council starts to clarify what
they want their role to be. She believes they need to tell the Council that community visioning is integral to the work that we
need to do to go forward, and please tell us what we can do to help with this process to get us moving rapidly.
Stromberg feels that having the conversation face-to-face with the Council is important. He will put together a list of items and
distinguish on-going items they are committed to getting done as soon as possible, and the goal and question to them about
visioning. He will try to set up a time as soon as possible to talk to the Council.
ADJOURNMENT - The meeting was adjourned at 10:30 p.rn.
Respectfully submitted by,
Susan Yates, Executive Secretary
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CITY OF
ASHLAND
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I. CALL TO ORDER
The meeting was called to order at 7:05 p.m. by Chair John Stromberg at the Ashland Civic Center, 1175 E. Main Street,
Ashland, OR
Commissioners Present:
John Stromberg, Chair
Michael Dawkins
Mike Morris
Olena Black
Council Liaison:
Cate Hartzell, Council Liaison, present
Dave Dotterrer
Melanie Mindlin
Absent Members:
Tom Dimitre, excused
Pam Marsh, excused
John Fields, excused
Staff Present::
Bill Molnar, Community Development Director
Derek Severson, Associate Planner
Sue Yates, Executive Secretary
II. APPROVAL OF AGENDA
Morris/Black m/s to approve the agenda. Voice Vote: Approved.
III. WETLAND AND RIPARIAN AREA PROTECTION ORDINANCE - UPDATE, Discussion and Direction - Presented by Bill
Molnar, Community Development Director
Stromberg mentioned that the Wetland and Riparian Technical Advisory Committee was the original committee that was
formed to study this ordinance. He thought we might want to invite interested members of that committee to join back in this
process.
Molnar said Staff has come before the Planning Commission over the last several months with a draft ordinance. There is a lot
in the ordinance. Rather than going through the ordinance step-by-step, this is an opportunity to touch base, gauge how the
Commission feels about certain elements of the ordinance, see if we are on track, and talk about some of the areas where there
are options to consider in the ordinance. Then, as we move forward in finalizing a draft in the next three to four weeks and
consider scheduling the first public meeting, at least at the Commission level, we have a clear idea that we are moving in the
right direction. They are making some changes to the ordinance out of respect for the Environmental Element of the
Comprehensive Plan (last updated in 1992) to keep some wording consistencies between the proposed ordinance and the
Comprehensive Plan.
Molnar added they are proposing to take wetlands and riparian areas out of the Physical Constraints Chapter and add a new
section to the Land Use Ordinance (18.63) in order to separate out water related resources from environmentally sensitive lands
due to slope, erosion and hillside constraints.
Stromberg noted the letter from property owners, Rick & Carlotta Lucas that will be entered into the record with comments
concerning this proposed ordinance.
Tonight's discussion will focus on the following three areas as outlined in the November 27, 2007 Study Session packet.
Comments added in these minutes are in addition to the text included in the packet.
1) Why are we contemplating changes to the Wetlands and Riparian Ordinance?
a) To make the Land Use Ordinance consistent with the Comprehensive Plan.
As part ofthe State's requirements, they ask us to conduct an economic, social, environmental, and energy
consequence analysis. When looking to protect a natural resource, the protection needs to be balanced with other state goals
and identify the conflicts of either fully protecting the resource, allowing for some impacts on the resources, or in some cases,
making a finding that there is a resource that lies in a prime economic development area. We concluded that there was enough
flexibility through our zoning process, that in most cases, natural resources should be protected and incorporated within
projects.
Black asked if there was anything to maintain the environmental integrity of a riparian corridor between projects or keep the
whole system contiguous. Molnar said hopefully this ordinance will take into consideration any upstream property to protect
the system. For example, a five acre parcel is proposed for development with a degraded stream. As part of that project, the
Planning Commission would require protection of the stream area along with some restoration. Currently, an upstream
property owner could remove important vegetation that would cause erosion downstream. The proposed ordinance would
prohibit the removal of native vegetation without going through a review process.
b) It is a Council goal.
c) Riparian protection has become part of Ashland's storm water management plan.
Over time, community values change. The storm water master plan has reflected these changes. We know
our creeks convey storm water, but how do we insure the capacity of the creeks is maintained but in a natural state? How do
we deal with sedimentation and water temperature through maintaining riparian canopies? We are currently updating our
Storm Water Management Plan. One of the consultants will be touring some of the creek sections to evaluate what natural
changes need to be done to the creeks in order to deal with some of the issues mentioned.
Black asked if the natural drainage ways used by Talent Irrigation District (TID) had been overlaid on the storm water map.
How are they affecting our riparian corridors? Molnar was uncertain about the mapping. He knows there is a discussion on
irrigation water and how it is used through the system. He believes this becomes more of an issue particularly during dry
periods and it has been an advantage to have these diversions. At certain times of the year there are certain water courses that
might get down to a trickle ifTID water was not running down it. Black said they have had some real gully washers in August
with a lot of water volume. Morris sees the TID waterways having the biggest impact in the winter when acting as collectors
during floods. Hartzell said if the TID was piped, some of the water dynamics throughout town might change. It might be
helpful to look at a map with TID and another map to see what they think it might look like with piping. Molnar said he is not
an expert, but would be interested in seeing what work has been done.
Black asked what if a property owner is being burdened with a storm water problem (a municipal problem), not a natural
occurring water problem? Molnar said the way we address wetlands in this ordinance requires the same type of delineation that
the State requires. It does not preclude the applicant from having to go through the State process. Molnar gave the Billings
Ranch Subdivision area along the railroad tracks as an example. The delineation concluded that while it met all the attributes
for a wetland, the wetland is there because the non-maintained irrigation ditch is leaking along the railroad track. The State's
analysis said that might be true so they had the option of maintaining or piping the ditch to see if the wetland goes away or if
left as is, it met the requirements for a wetland. When the developer built the bike path, they had to pipe the irrigation ditch
and Molnar has heard the characteristics of the wetland area has changed and it is hard to tell it is even there anymore. Molnar
noted that water is difficult to track. We have done an inventory, but it will have a disclaimer that there are wetlands that we
have missed. It is not an exact science.
Dawkins said the whole conversation of natural wetlands becomes somewhat silly because wetlands have been changing since
1860 because urbanization has created a lot of impervious surfaces. We've piped over a good part of the natural waterways,
and people are still farming and using the natural waterways. He believes it will be a property-by-property discussion of each
wetland.
Molnar said the 2000 Storm Water Master Plan identified key locations toward the lowlands of town where storm water
retention facilities adjacent to a creek channel would be beneficial to remove sediment as water comes off the hill and to slow it
down as it goes toward Bear Creek. They will be identified in the Master Plan because they are expensive projects and are
often paid for through Systems Development Charges because it is a benefit to the whole system.
d) It keeps the City in compliance with Statewide Planning Goals 5.
Molnar said creating enhanced local review for projects is one of the main components of the new ordinance.
Currently, any permitting for wetlands goes to the Division of State Lands to get a delineation approved before finishing local
planning approval. The proposed ordinance states the City will require delineation and buffering of the wetland. Therefore, if
the State is open to allowing for some changes, the City has to agree to it as well. There will be a parallel process with the
State. The applicant would also have to get federal approvals.
Molnar said the State encourages the adoption of local ordinances. They have a relatively small staff responsible for enforcing
wetland regulations and delineations throughout the entire state. They get caught in the middle as they are not aware of certain
conflicting goals the City is trying to balance when evaluating plans for wetland removal or mitigation. Why would we want to
defer local review of a community resource to a state body that is understaffed and they allow for mitigation by removing a
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wetland and doing a mitigated wetland in some other location? Under GoalS there is a model wetland provision. The proposed
ordinance is important if we are to have local evaluations for smaller, more isolated, intermittent wetlands that make up the
majority of our inventory because the State might be more open to mitigation. Molnar explained that our definitions match the
State's. The flexibility occurs with how much of a setback we want from the riparian area. With riparian areas, the State says
the city only has to address significant riparian corridors - riparian corridors that follow fish-bearing creeks. Once a creek is
not fish-bearing it falls within our local jurisdiction to require a certain level of protection. Molnar noted the proposed
ordinance is not charting new territory. The format we are using for the ordinance is comparable to ordinances already in place
in Oregon, but we are customizing it for Ashland. There was discussion about making sure the process is simplified or more
user-friendly since it involves local, state and federal processes so applicants will know when they go through the process they
will be able to fulfill all the requirements.
Hartzell asked if wildlife has been discussed along with wetlands. And, do we have a goal of maintaining a certain minimum
acreage of wetlands within the UGB? Black also expressed an interest in addressing wildlife. Dotterrer said every time we
start adding another item we are potentially expanding the riparian areas. Every square foot we put into riparian just puts that
much more pressure on the price of land or the UGB. It's a trade-off. Morris said if we require a minimum acreage for
riparian and a riparian area dries up, would we require property owners to pump water into areas to re-create riparian areas?
We have to re-evaluate the riparian and wetland areas every three to five years.
2) Specific changes to the ordinance - most substantive parts
a) Establishes the types of Protection Zones.
Molnar said the purpose of the buffer is to protect the resource. Black mentioned health issues of building
near wetlands and she feels there is a need to protect people. Dotterrer doesn't want to create some type of artificial buffer.
Molnar said there are examples around town where we've delineated a wetland and then allowed the development to go right
up to a building because it becomes difficult to create an area to maintain the building or parking area. For example, the
wetlands are almost right up to the decks at Chautauqua Trace on Tolman Creek Road. Over time, residents weed whack the
vegetation because they can't get to their deck to even maintain it. Sometimes there is a practicality issue.
b) Establishes the size (e.g. width) of Protection Zones.
Molnar said that any wetland less than one-half acre are not required to be inventoried. He further explained
that the State determines a significant wetland by looking at whether or not the system serves as flood control, water quality
and habitat. An applicant just has to meet one of these. The State is setting minimum standards for the community and they
change over time. If you look at the Environmental Resources Element, it will identify that riparian areas function for flood
control, habitat and water quality. They have all been identified as a value. In determining the width, the functions of water
quality and flood quality for riparian areas are carried out in the narrowest part. Wildlife habitat increases as the width of a
riparian area increases.
Molnar has received some comments from citizens who have reviewed the ordinance. They are concerned that we do live in an
urban area and though we want to manage creek areas, they want to be able to balance that with using their backyard space.
Morris noted one of the biggest issues with the committee was defining the options - how do you be clear and objective. The
more options you add, the more complex the ordinance becomes.
Black asked about how the ordinance addresses the integration of bike and pedestrian trails. Molnar said low-impact trails
have been identified as an exempt, non-permit activity to encourage trails (referencing the Parks Trails Plan).
The Commission skipped the following items:
c) Defines the method for determining the on-site location of a Protection Zone
d) Establishes what actions and activities are allowed that do not require a permit.
e) Establishes what level of development or building construction is allowed and prohibited within Protection
Zones
f) Establishes what other activities are allowed and prohibited in Protection Zones, such as vegetation removal.
3) Some areas where there are options to consider
a) Options for Ordinance Flexibility
Examples: A property along Oak or Helman backs a creek. Instead of having a 20 foot setback from Oak or
Helman, it could be reduced to 15 or 10 feet in order to site the home closer to the street. It would not require a variance and it
would be a way of staying out of the Protection Zone.
ASHLAND PLANNING COMMISSION
STUDY SESSION
MINUTES
NOVEMBER 27, 2007
3
Perhaps there is a wetland or creek protection zone rendering only 60 percent of the lot outside the Protection Zone as useable.
Could you allow for some increased lot coverage on the 60 percent? It is transferring the building potential to allow for a more
intense building on the area outside as an off-setting measure for the restriction.
b) Customizing the Code to Address Specific Situations
i) Subdivision and other land Divisions vs. Existing lots
ii) Public vs. Private
iii) Smaller projects may be permitted to follow a prescriptive path for mitigation, rather than submit a more
detailed mitigation plan.
Currently the ordinance outlines seven steps of a mitigation plan. Molnar has had at least two property
owners express some concern about this. For an individual property owner that gets approval to make
some changes in a Protection Zone, rather than having to hire an expert to go through an elaborate
mitigation plan for disturbance of 500 square feet, there is a formula given in the ordinance that would
allow the property owner to comply without having to hire an expert.
4) Fee Waivers
a) Voluntary restoration and enhancement projects.
5. Approval Process
a) Administrative (Staff) vs. Planning Commission (Hearing).
b) level of Protection vs. Property Use (objectives)
i. Meet the minimums
ii. More aggressive approach
Molnar said he is looking for direction from the Commission. Stromberg believes we should have a skillfully designed
ordinance. The more reasonable we can be, the farther people will be willing to go with us in doing a good job in protecting
the environment.
Molnar said Staff will attempt to make the last changes to the ordinance over the next two to four weeks so we have a sound,
final draft. Hopefully, the Legal Department will have a chance to review it. The ordinance changes fall under Measure 56,
therefore, a list of affected property owners will need to be compiled. Staff would like to conduct the first public meeting with
the property owners - more of an informal meeting with Staff giving a presentation, but allowing for general questions. The
format would not be as structured as a Planning Commission regular meeting. It would be helpful to have two Planning
Commission volunteers help facilitate the meeting.
Dotterrer agreed and suggested Molnar use the same discussion points he used this evening.
IV. CROMAN Mill REDEVELOPMENT PLAN
Presentation by Bill Molnar, Community Development Director
Molnar gave a PowerPoint presentation that provided the Commissioners with the status of the master plan. The Croman Mill
Redevelopment Plan is part of a Quick Response Project sponsored by the Dept. of Land Conservation and Development. We
have been awarded a grant and they look to have the project completed in four to six months. Crandall Arambula has been
selected as the consultant. Molnar read the purpose of the Quick Response Program. It involves areas where development is
imminent in the future. It is best to look at a coordinated approach.
Molnar showed the project study area. It is defined as follows: Tolman Creek Road is the westerly boundary, the northerly
and westerly boundary is the railroad track and Crowson Road and the far south is Siskiyou Boulevard. Molnar also showed
the Study Area - Physical Constraints.
The Work Tasks (begin on Page 3, Draft 8 of Statement of Work) and are as follows:
Task I - Information Assembly and Review
The kick-off is planned before the end of December to talk about background information and consultant needs.
Task 2 - Reconnaissance
Task 3 - Conceptual Plans
Task 4 - Concept Review (charrette style)
Task 5 - Potential City Funded Task - Additional refinement and Review - anticipate by end of March
Task 6 - Final Products - not in an adoption format.
Task 7 - Adoption Hearing
ASHLAND PLANNING COMMISSION
STUDY SESSION
MINUTES
NOVEMBER 27, 2007
4
The work is scheduled to be completed by Mayor June 2008.
V. DECMEBER 25TH STUDY SESSION - Black/Dotterrer m/s not to have a study session on December 25th . Voice Vote:
Approved.
VI. ADJOURNMENT - The meeting was adjourned at 9:37 p.m.
Respectfully submitted by,
Susan Yates, Executive Secretary
ASHLAND PLANNING COMMISSION
STUDY SESSION
MINUTES
NOVEMBER 27, 2007
5
CITY OF
ASHLAND
Council Communication
Approval of Employment Contract for City Attorney
Meeting Date: January 15, 2008 Primary Staff Contact: Mayor John Morrison
Department: Office of the Mayor E-Mail: morrisoj@ashland.or.us
Secondary Dept.: Secondary Contact:
Approval: ~\ t Estimated Time:
Question: -ry
Will the City Council approve the attached employment contract of Richard Appicello as City
Attorney?
consent
Background:
At the December 18,2007 Regular Council meeting the Council confirmed the Mayor's appointment
ofMr. Appicello as City Attorney but did not approve the employment contract.
The attached contract includes the following provisions:
· A two year term, with an option for the Council not to renew ifMr. Appicello is given at least
90 days prior to the termination date.
· Salary at Step "B" of the new City Attorney salary range, which is $8,319 per month, or
$99,828. This is an 8% increase over the salary that Mr. Appicello has earned as Interim City
Attorney.
· An initial performance evaluation by the Mayor and Council after 6 months of employment, a
second evaluation after 12 months, and annual evaluations thereafter.
· Provisions for severance pay and benefits if the Council elects to dismiss or request the
resignation ofMr. Appicello. This is consistent with the last four employment agreements
offered by the City.
Council Options:
· Approve the employment contract
· Approve the employment contract with modifications
Potential Motions:
· I move to approve the employment contract of Richard Appicello as City Attorney
· I move to approve the employment contract of Richard Appicello as City Attorney with the
following changes; (list changes here)
Attachments:
Draft employment contract
DRAFT 0 11508-City Attorney Employment Contract.doc
r~'
DRAFT
CITY OF ASHLAND
Employment Agreement
City Attorney
THIS AGREEMENT, made and entered into this 18th day of December, 2007, by and between
the City of Ashland ("City") and Richard Appicello. ("Employee").
R E C I TAL S:
A. City desires to employ the services of Employee as City Attorney of the City of
Ashland; and
B. It is the desire of the Mayor and City Council to establish certain conditions of
employment for Employee; and
C. It is the desire of the Council to (1) secure and retain the services of Employee and to
provide inducement for Employee to remain in such employment, (2) to make
possible full work productivity by assuring Employee's morale and peace of mind with
respect to future security; (3) to act as a deterrent against malfeasance or dishonesty
for personal gain on the part of Employee; and (4) to provide a just means for
terminating Employee's services at such time as Employee may be unable fully to
discharge Employee's duties due to disability or when City may otherwise desire to
terminate Employee's services; and
D. Employee desires to accept employment as City Attorney of City of Ashland.
City and Employee agree as follows:
Section 1. Duties. The city hereby agrees to employ Richard Appicello as the City Attorney
of the City to perform the functions and duties specified in said City Charter and to perform
such other legally permissible and proper duties and functions as the City Council shall from
time to time assign. The City Attorney shall devote full time to the performance of his duties.
The City Attorney may hold outside employment so long as it does not impact the ability of
the City Attorney to effectively perform his duties.
Section 2. Term.
A. Nothing in this agreement shall prevent, limit, or otherwise interfere with the right of
the Mayor, with the consent of the City Council in accordance with the City Charter,
from terminating the services of the City Attorney at any time, subject only to the
provisions set forth in the section entitled "Severance pay" of this agreement.
B. Employee agrees to remain in the employ of City until December 2009, and, except
as set forth in Section 1, neither to accept other employment nor to become
employed by any other employer until this termination date, unless the termination
date is affected as otherwise provided in this agreement.
PAGE 1
C. In the event written notice is not given by either party to terminate this agreement at
least ninety (90) days prior to the termination date, this agreement shall be extended
for successive two-year periods on the same terms and conditions as provided
herein. This provision shall not restrict Employee from using vacation or personal
leave for teaching, consulting or other activities provided these activities do not
conflict with the regular duties of the Employee.
D. In the event Employee wishes to voluntarily resign the position during the term of this
agreement, Employee shall be required to give the City six weeks written notice of
such intention, unless such notice is waived by the City Administrator with the
approval of the Mayor and City Council. Employee will cooperate in every way with
the smooth and normal transfer to the newly appointed individual. Further, the City
Attorney will be available for consultation and conferences concerning on-going legal
matters and will not in any way jeopardize the legal position of the city. Consultation
or further legal services furnished by said City Attorney after term of employment has
ended, due to resignation, shall be done on a fee basis which is mutually agreeable
to said City and City Attorney.
Section 3. Salary. Beginning December 19,2007, City agrees to pay Employee a monthly
salary of $8,319 (Step 2 of salary range) payable at the same time and in the same manner
as other employees of the City are paid. In addition, City agrees to annually increase the
monthly salary and/or benefits in the same percentage as may be accorded other
department heads. Employee shall be eligible for step increases on December 2008, and
December 2009, based on satisfactory performance.
Section 4. Performance Evaluation. The Mayor and City Council and the City
Administrator shall review and evaluate the performance of the employee after six (6)
months, or no later than June 30, 2008. After this first evaluation, subsequent performance
evaluations by the Mayor and Council, with participation by the City Administrator, shall take
place after twelve (12) months of employment and annually thereafter.
Said review and evaluation shall be in accordance with specific criteria developed jointly by
City and Employee. Further, the Mayor and Council shall provide the Employee with a
summary written statement of the findings of the evaluation process and provide an
adequate opportunity for the Employee to discuss his evaluation with the Mayor and Council.
Section 5. Hours of Work. It is recognized that Employee must devote a great deal of time
outside the normal office hours to business of the City, and to that end Employee will be
allowed to take compensatory time off as Employee shall deem appropriate during normal
office hours, so long as the business of the department is not adversely affected.
Section 6. Health, Welfare and Retirement. Employee shall be entitled to receive the
same retirement, vacation and sick leave benefits, holidays, and other fringe benefits and
working conditions as they now exist or may be amended in the future, as apply to any other
department head, in addition to any benefits enumerated specifically for the benefit of
Employee as provided in this agreement.
With respect to vacation benefits, the Employee will initially accrue vacation leave with pay at
PAGE 2
the rate of ten and 2/3rds (10.67) hours per month. Employee shall continue to accrue
vacation time at this rate until longevity would afford Employee a higher vacation accrual in
accordance with the Management Resolution. Afterward, Employee will accrue additional
vacation hours at the same rate as City Department Heads.
Section 7. Dues and Subscriptions. City agrees to budget and to pay for the professional
dues and subscriptions of Employee necessary for the continuation and full participation in
national, regional, state and local associations and organizations necessary and desirable
for Employee's continued professional participation, growth and advancement, and for the
good of the City.
Section 8. Professional Development.
A. The City hereby agrees to annually budget and allocate sufficient funds to pay the
expenses of the City Attorney's necessary travel and living expenses to represent the
City at the annual League of Oregon cities' Conference, International Municipal
Lawyers Association, the Oregon State Bar Convention, and conferences or
meetings of national and state committees or commissions upon which the City
Attorney serves as a member, said membership on said state commissions or
committees being subject to the approval of the City Council, and for such other
official meetings or travel as are reasonably necessary for the professional
advancement of the City Attorney as approved by the City Council.
B. City also agrees to budget and to pay for the travel and subsistence expenses of
Employee for short courses, institutes and seminars that are necessary for his
professional development and for the good of the City.
Section 9. Oregon State Bar License. The City Attorney shall maintain throughout the
life of this agreement, a valid Oregon State Bar license as required by the State of
Oregon in order to practice law and appear before the courts of this State. The City shall
pay the City Attorney's annual Bar dues and the annual Jackson County Bar dues.
Section 10. Professional Liability. The City agrees that it shall defend, hold harmless, and
indemnify the City Attorney from all demands, claims, suits, actions, errors, or other
omissions in legal proceedings brought against the City Attorney in his individual capacity or
in his official capacity, provided the incident arose while the City Attorney was acting within
the scope of his employment. If in the good faith opinion of the City Attorney, conflict exists
as regards to the defense of any such claim between the legal position of the City and the
City Attorney, the City Attorney may engage counsel, in which event, the City shall indemnify
the City Attorney for the cost of legal counsel. If the City desires the City Attorney to give
third party legal opinions for the benefit of the City and it is determined by the Oregon State
Bar that City Attorney, in order to do so, shall obtain malpractice insurance, City agrees to
cover the costs of such malpractice insurance.
Section 11. Severance Pay.
A. In the event of the involuntary termination of the City Attorney during the term of this
agreement, he shall be entitled to receive a lump sum payment equal to six (6)
months aggregate salary and benefits. Termination by the City, as used in this
PAGE 3
paragraph, means the City Attorney's discharge or dismissal by the Mayor with
consent of the City Councilor the City Attorney's resignation following a salary
reduction greater in percentage than an across-the-board reduction for all city
employees, or the City Attorney's resignation following a formal request to him by the
City Council that he resign. Said sum shall be paid to the City Attorney within thirty
(30) days of the next regular council meeting after said termination.
B. In the event Employee is terminated because of his conviction of any crime involving
moral turpitude or illegal act involving personal gain to him, or for the loss of his
Oregon State Bar license, then, in that event, City shall have no obligation to pay the
aggregate severance sum designated in Section 11 .A.
Section 12. Other Terms and Conditions of Employment. City shall, by amendments to
this agreement, fix such other terms and conditions of employment, from time to time, as it
may determine, relating to the performance by Employee with the agreement of Employee,
provided such terms and conditions are not inconsistent or in conflict with the provisions of
this agreement.
Section 13. Severability. If any part, term, or provision of this agreement is held by the
courts to be illegal or in conflict with the laws of the State of Oregon, the validity of the
remaining portions of the agreement shall not be affected and the rights and obligations of
the parties shall be construed and enforced as if the agreement did not contain the particular
part, term, or provision.
Section 14. PERS Pick-up. Employee contributions to the Public Employees' Retirement
system (PERS) shall be "picked up" by the City. Employee shall not have the option of
receiving money designated for retirement contributions and directly making the contribution
to PERS. Employee's reported salary for tax purposes shall be reduced by the amount of
the employee's contribution to PERS.
Dated this
of
,2007.
Barbara Christensen, City Recorder John Morrison, Mayor
Accepted this _ day of , 2007.
PAGE 4
Richard Appicello
PAGE 5
CITY OF
ASHLAND
Council Communication
Liquor License Application
Meeting Date: W
Department:
Approval:
January 15 , 2008 ~
City Reco;~~:k\"
Martha BJ I It
Primary Contact: Barbara Christensen
email: christeb@ashland.or.us
Secondary Contact:
Estimated Time: Consent
Question:
Does the Council wish to approve a Liquor License Application from Christopher Moesch dba
Stillwater at 1951 Ashland Street.
Staff Recommendation:
Endorse the application with the following:
The city has determined that the location of this business complies with the city's land use requirements
and that the applicant has a business license and has registered as a restaurant, if applicable. The city
council recommends that the OLCC proceed with processing of this application.
Background:
Application for liquor license is for new license.
The City has determined that the license application review by the city is set forth in AMC
Chapter 6.32 which requires that a determination be made to determine if the applicant complies
with the city's land use, business license and restaurant registration requirements (AMC Chapter
6.32).
In May 1999, the council decided it would make the above recommendation on all liquor license
applications.
Council Options:
Approve or disapprove Liquor License application.
Potential Motions:
Motion to approve Liquor License application.
Attachments:
None
r~'
CITY OF
ASHLAND
Council Communication
Liquor License Application
Meeting Date: k\,- January 15, 2008 ~ Primary Contact: Barbara Christensen
Department:.~ City Record~er ~ email: christeb@ashland.or.us
Approval: Martha Benne Secondary Contact:
Estimated Time: Consent
Question:
Does the Council wish to approve a Liquor License Application from Scott Paynton dba Ashland
Sips, LLC at 297 E Main Street.
Staff Recommendation:
Endorse the application with the following:
The city has determined that the location of this business complies with the city's land use requirements
and that the applicant has a business license and has registered as a restaurant, if applicable. The city
council recommends that the OLCC proceed with processing ofthis application.
Background:
Application for liquor license is for new license.
The City has determined that the license application review by the city is set forth in AMC
Chapter 6.32 which requires that a determination be made to determine ifthe applicant complies
with the city's land use, business license and restaurant registration requirements (AMC Chapter
6.32).
In May 1999, the council decided it would make the above recommendation on all liquor license
applications.
Council Options:
Approve or disapprove Liquor License application.
Potential Motions:
Motion to approve Liquor License application.
Attachments:
None
r~'
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Approval:
Liquor License Application
January 15, 2008~
City Reco;~~~ ,
Martha Bj, "\
Primary Contact: Barbara Christensen
email: christeb@ashland.or.us
Secondary Contact:
Estimated Time: Consent
Question:
Does the Council wish to approve a Liquor License Application from Mary Toney dba Cascade
Peak Spirits at 280 E Hersey #5.
Staff Recommendation:
Endorse the application with the following:
The city has determined that the location of this business complies with the city's land use requirements
and that the applicant has a business license and has registered as a restaurant, if applicable. The city
council recommends that the OLCC proceed with processing of this application.
Background:
Application for liquor license to operate distillery.
The City has determined that the license application review by the city is set forth in AMC
Chapter 6.32 which requires that a determination be made to determine if the applicant complies
with the city's land use, business license and restaurant registration requirements (AMC Chapter
6.32).
In May 1999, the council decided it would make the above recommendation on all liquor license
applications.
Council Options:
Approve or disapprove Liquor License application.
Potential Motions:
Motion to approve Liquor License application.
Attachments:
None
r~'
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Appointment to Conservation Commission
January 15,2008 Primary Staff Contact: Barbara Christensen
City Recorder E-Mail: christeb@ashland.or.us
n1a Secondary Contact: n1a
Martha Benn Estimated Time: Consent Agenda
Question:
Does the Council wish to confirm an appointment by the Mayor for the vacancy on the Conservation
Commission for a term ending April 30, 2009?
Staff Recommendation:
None
Background:
This vacancy occurred upon the resignation of Melissa Schweisguth whose term would have ended
April 30, 2009.
Vacancy notice was placed on the city website and two applications were received.
Related City Policies:
None
Council Options:
Choose to approve or not approve the appointment by the Mayor.
Potential Motions:
Motion to approve appointment of Kerry KenCaim to the Conservation Commission for a term to
expire April 30, 2009.
Attachments:
Applications received.
Page 1 of 1
CC - Conservation Appointment.doc
r~'
11/07/2007 WED 10:02 FAX
CITY OF
ASHLAND
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Pleaose type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Slreet, 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
Kerry KenCairn
Requesting to serve on: _Conservation COmmission_(Commission/Com1llittee)
Address
545 A Street Suite 1
Occupation_Landscape ArchiLect_ Phone: Home -188-3194
VVurk___488-3194_____
Email_kerrykai (@mind.nee
Fax
1. Education Back2l"ound
What schools have you attended?
Southern Oregon Universiry,
University of Oreogn_
.
What degrees do you hold? _BSA Geography. BFA Fine ArL~, Bachelors of
Landscape Architecture, Master of Landscape Architecture
What additional training or education have you had that would apply to this position?
_Planning Commission six years, tree commission two years, lots of experience in the
design of alternative site infrastructure methodologies, a deep desire to
serve.
2. Related Exnerience
Whnr prior work experience have you had that would help you if you were appointed to
this position?
_Planning Commission six years, tree commission two yeat's, lots of experience in the
design of alternative site infr.lStructure methodologies, a deep desire to
!lerve.
Do you feel iL would he advantageous f[}r you to have further training in this field, ~uch
as attending conferences or seminars? Why?
T am always happy to learn more
rA1
I4J 0021003
11/07/2007 WED 10:02 FAX
3. Iuterests
Why are you applying for this position'? _I truly enjoy being involved in positive
change in the City of Ashland, I have lived here for 24 years, and I hope to die here, I
want to be part of every aspect of the working of the City as possible.
4. A vailabilitv
Are you available to attend special meetings, in addition to the regularly scheduled
meetings'! Do you prefer day or evening meetings'?
_T am accustomed to making lime for regular meeting commitments._
5. Additional Information
How long have you lived in this community'?
Since 1983_
Please use the space below to summarize any additional quaJificalions )lOll have for this
position
Date November 7, 2007_
~
Signature
~A'
~ 003/003
CITY OF
ASHLAND
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
n lj
Jlt~Lllo 1
111 V
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((va.ihland.or.us. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary.
Name
Cite.
l
Requesting to serve on:
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1. Education Bacbround
What schools have you attended?
What degrees do you hold?
What ~itional training or educati n have you had that would ap,ply to this position? \
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What prior work experience have you had that would help you if you were appointed to
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Do you feel it would be advantageous for you to have further training in this field, such
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5. Additional Information
How long have you lived in this community?
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Please use the space below to summarize any additional qualifications you have for this
position ~Q "... t. c\ 0-.. ^ ~~ \~~ (,\ 1 (0 .)-C II \ S \/':J..'4 (I~..c:
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CITY OF
ASHLAND
Council Communication
An Agreement with Jackson County for Intergovernmental Cooperation
Meeting Date: January 15, 2008 Primary Staff Contact: Mike Broomfield, Building
Official
broom@ashland.or.us
Richard Appicello, City
Attorney
Department:
Secondary Dept.:
Community Development
Legal
E-Mail:
Secondary Contact:
Approval:
Martha Ben
Administrat
Estimated Time:
Question:
Should the Council authorize signature of an Intergovernmental Agreement with the County of
Jackson for "Intergovernmental Cooperation" to provide building inspection services?
Staff Recommendation:
Authorize the signature of a contract(Intergovernmental Agreement) entitled
"INTERGOVERNMENTAL COOPERATION" with the County of Jackson, Board of Commissioners
and the City of Ashland.
Background:
Since the mid 90's, the City of Ashland and Jackson County have made certified inspectors available
on dates requested by the other party to perform building inspections. This activity was previously
agreed upon under Intergovernmental Agreements dated May 10,2001.
This agreement is anticipated to augment efforts made to provide new revenue streams in the next
fiscal year. Currently the city has agreements in effect with other authorities having jurisdiction
including The City of Medford and Oregon Building Codes Division (#90G0009l). Those agreements
have produced revenue (to date) which totals more than half the required FTE reduction goal set in
place at mid year. Both the City of Medford and the Jackson County Jurisdiction anticipate use of our
staff to support their programs (reduced by attrition) in the coming year. Work under the multiple
IGA's in the coming year is projected at the same level as the activity in current cycle ($28,000.) This
activity will not detract services levels for the customers of the City of Ashland Building Division.
Should local activity increase, inspectors would return to normal work weeks (FTE reduction work
schedules are currently in effect) to maintain services consistent with the demand.
Related City Policies:
Intergovernmental Agreement Contract (Building Codes Division) #90G0009l
Council Options:
Approve the Intergovernmental Agreement and refer to the Mayor for signature.
Refer the agreement to the building division for modifications noted in council action.
Page 1 of2
011508 IGA Jackson County.CC.doc
r~'
CITY OF
ASHLAND
Potential Motions:
Motion to approve Intergovernmental Agreement entitled "INTERGOVERNMENTAL
COOPERATION" with the County of Jackson, Board of Commissioners and refer to the Mayor for
signature.
Attachments:
Intergovernmental Agreement entitled "INTERGOVERNMENTAL COOPERATION".
Page 2 of2
Council Communication-IGA Jackson County 08.doc
r~'
WTERGOVERNMENTALAGREEMENT
FOR BUILDWG WSPECTION SERVICES
This agreement, hereinafter referred to as "Agreement", is made and entered into by and
between the County of] ackson, Board of Commissioners, herein after referred to "County", and
City of Ashland ("City").
ST A TUTORY AUTHORITY
1. In accordance with and pursuant to the provisions of ORS Chapter 190, entitled
"INTERGOVERNMENT AL COOPERATION", the County is authorized to jointly provide for
the performance of a function or activity in cooperation with a"unit of local government" that
includes a commission or other governmental authority in Oregon. By acceptance of this
Agreement, City certifies that it meets the above criteria for eligibility for such cooperation with
the County.
2. As a result of this Agreement and pursuant to ORS 190.030, any unit of local
government, consolidated department, intergovernmental entity or administrative officers
designated herein to perform specified functions or activities is vested with all powers, rights and
duties relating to those functions and activities that are vested by law in each separate party to the
Agreement, its officers and agencies.
RECIT AL
1. ORS 190.010 permits units of local government to enter into intergovernmental
agreements for the performance of any or all functions and activities that a party to the
agreement has authority to perform; and
2. The County and the City require the services of qualified building inspectors for the
performance of routine building code inspections; and
3. The County and the City employ inspectors with the particular training, ability,
knowledge, and experience to meet the needs of the County and the City.
NOW, THEREFORE in consideration for the mutual covenants contained herein the receipt and
sufficiency of which are hereby acknowledged, the parties agree as follows:
AGREEMENT
1. The recitals set forth above are true and correct and are incorporated herein by this
reference.
Intergovernmental Agreement - Jackson County / - 1
2. COOPERATION AND SERVICES TO BE SHARED
3. County Responsibilities:
1) The County shall make available to the City Building Department personnel with
the qualifications and state certifications necessary to perform the inspection
requested by the City. Inspectors shall be made available on those dates and at
those times as are mutually agreed upon between the Ashland Building Official
and Jackson County Building Official. A statement of work is contained in
Exhibit A attached hereto and made a part hereofby this reference. The County
Inspectors providing services to the City pursuant to this Agreement shall have all
jurisdiction, authority, powers, functions, and duties of the City Inspectors with
respect to any and all violations of State Law and County Ordinances.
b. City Responsibilities:
1) The City shall make available to the County Building Department personnel with
the qualifications and state certifications necessary to perform the inspection
requested by the County. Inspectors shall be made available on those dates and at
those times as are mutually agreed upon between Jackson County Building
Official and Ashland Building Official. A statement of work is contained in
Exhibit A attached hereto and made a part hereofby this reference. The City
Inspectors providing services to the County pursuant to this Agreement shall have
all jurisdiction, authority, powers, functions, and duties of the County Inspectors
with respect to any and all violations of State Law and County Ordinances.
3. APPORTIONMENT FOR FUNDING
a. The County shall promptly reimburse the City for the actual expenses incurred for the
services provided. For purposes of this Agreement, actual cost shall be considered a flat
rate costs in an amount of $70.00 per hour, not to exceed $18,000 for the initial contract
term.
b. The City shall promptly reimburse the County for the actual expenses incurred for the
services provided. For purposes of this Agreement, actual cost shall be considered a flat
rate costs in an amount of $70.00 per hour, not to exceed $18,000 for the initial contract
term.
4. PERSONNEL. No employees will be formally transferred pursuant to this Agreement.
The County and City will continue to pay its employees and shall keep accurate records of hours
worked pursuant to this Agreement. The City and the County are subject employers under ORS
Chapter 656, and shall procure and maintain current valid workers compensation insurance
coverage for all subject workers throughout the period of this Agreement. The Agreement does
not change the status of any employee, contractor or officer of the City or County.
Intergovernmental Agreement - Jackson County / - 2
5. LIMITATIONS OF LIABILITY
All parties agree that each party shall not be subject to claim, action, or liability arising in any
manner whatsoever out of any act or omission, interruption, or cessation of services by the other
party under this agreement. Each party shall not be liable or responsible for any direct, indirect
special or consequential damages sustained by the other party to this agreement, including, but
not limited to, delay, or interruption of business activities that may result in any manner
whatsoever from any act or omission, interruption, or cessation of services.
6. INDEMNIFICA TION
Subject to the limitations and conditions of the Oregon Tort Claims Act, ORS 30.260 et seq., and
Article XI, Section 10 of the Oregon Constitution, each Party to this agreement shall be solely
responsible for its own actions and/or failure to act and shall indemnify and hold the other party
harmless from any liability, cost or damage arising therefrom. Provided, however, that neither
party shall be required to indemnify the others for any claim, loss or liability arising solely out of
the wrongful act of the others officers, employees or agents. The provisions of this paragraph
shall survive the expiration or sooner termination of this agreement.
7. TERM OF AGREEMENT
The term of this Agreement shall become effective upon the date which this Agreement is fully
executed by all Parties and shall continue in full force until June 30, 2008 or until earlier
terminated as provided herein.
8. TERMINATION
a. Mutual Consent. This contract may be terminated at any time by mutual consent of both
parties.
b. Parties' Convenience. This contract may be terminated at any time by either Party upon
30 days' notice in writing and delivered by certified mail or in person.
c. For Cause. Either party may terminate or modify this contract, in whole or in part,
effective upon delivery of written notice to the City or County, or at such later date as
may be established by the County, under any of the following conditions:
1) If any license or certificate required by law or regulation to be held by the City or
the County to provide the services required by this contract is for any reason
denied, revoked, suspended, or not renewed.
Intergovernmental Agreement - Jackson County / - 3
d. For Default or Breach.
1) Either County or City may terminate this contract in the event of a breach of the
contract by the other. Prior to such termination the party seeking termination shall
give to the other party written notice of the breach and intent to terminate. If the
party committing the breach has not entirely cured the breach within 15 days of
the date of the notice, or within such other period as the party giving the notice
may authorize or require, then the contract may be terminated at any time
thereafter by a written notice of termination by the party giving notice.
2) Waiver of any breach of any term or condition of this Agreement shall not be
deemed a waiver of any prior or subsequent breach. No term shall be waived or
deleted except in writing signed in advance by the parties.
3) In the event of a dispute relating to this Agreement, the parties shall first attempt
to resolve the dispute through mediation. The parties will share the administrative
costs of the mediation and the mediator's fees equally. Mediation fees shall be
limited to those customarily charged in ] ackson County, Oregon by state court
appointed mediators. The parties will attempt to jointly select a mediator within
ten (10) days of a party giving notice to the other party of its desire to undertake
mediation. In the event the parties cannot agree to a mediator within such ten (10)
day period, then within five (5) days thereafter, each shall select a mediator, and
the two selected mediators will designate a third mediator who will then mediate
the dispute. The first two mediators may charge the choosing party for its services
to select the third mediator. In the event mediation fails to resolve the dispute, a
party may commence legal proceedings, and in such case each party shall be
responsible for its own costs and attorneys' fees incurred in connection which such
proceedings.
9. METHOD AND PLACE OF GIVING NOTICE, SUBMITTING BILLS, AND
MAKING PAYMENTS. All notices, bills, and payments shall be made in writing and
may be given by personal delivery or by mail. Notices, bills, and payments sent by mail
should be addressed as follows:
] ackson County
Attn: Kathy A Cote
10 South Oakdale, Room 100
Medford, OR 97501
Phone: 541-774-6933
City of Ashland
Attn: Mike Broomfield
51 Winburn Way
Ashland, OR 97520
Phone: 541-488-5309
Intergovernmental Agreement - Jackson County / - 4
ST A TEMENT OF WORK
EXHIBIT A
Through this Agreement the City of Ashland agrees to perform site built electrical, plumbing,
and structural/mechanical and manufactured home set up inspections on behalf of Jackson
County and Jackson County agrees to perform site built electrical, plumbing and
structural/mechanical and manufactured home set up inspections on behalf of the City of
Ashland.
A. The City of Ashland shall:
When performing site built inspections for the County:
1. Comply with all requirements and regulations of the ORS's and OAR's pertaining
to the electrical, plumbing, and structural/mechanical programs and manufactured
home programs.
2. Provide State of Oregon certified/licensed inspectors.
3. Perform electrical, plumbing, structural/mechanical and manufactured home
inspections as requested by the County within two (2) business days.
4. Complete Inspection Report Form at the time of inspection (form provided by the
County). Return Inspection Report Form with correction notes to the County at
end of inspection day.
S. Provide identification upon entering a job site and the reason for the site visit.
6. Comply with the inspection notification requirements of applicable ORS's and
OAR's.
7. Provide to the County a monthly request for payment to be submitted with a
detailed spreadsheet listing date and location of inspection, type of inspection and
inspection time spent.
When requesting site built inspections to be done by the County:
1. Provide all necessary forms
2. Give a minimum of one day notice prior to an inspection.
3. Provide site location, type of inspection needed, and permit number and
information.
Intergovernmental Agreement - Jackson County / - 6
B. The County shall:
When performing site built inspections for the City:
1. Comply with all requirements and regulations of the ORS's and OAR's pertaining
to the electrical, plumbing, and structural/mechanical programs and manufactured
home programs.
2. Provide State of Oregon certified/licensed inspectors.
3. Perform electrical, plumbing, structural/mechanical and manufactured home
inspections as requested by the City within two (2) business days.
4. Complete Inspection Report FOll1 at the time of inspection (form provided by the
City). Return Inspection Report Form with correction notes to the City at end of
inspection day.
S. Provide identification upon entering a job site and the reason for the site visit.
6. Comply with the inspection notification requirements of applicable ORS's and
OAR's.
7. Provide to the City a monthly request for payment to be submitted with a detailed
spreadsheet listing date and location of inspection, type of inspection and
inspection time spent.
When requesting site built inspections to be done by the City:
1. Provide all necessary forms
2. Give a minimum of one day notice prior to an inspection.
3. Provide site location, type of inspection needed, and permit number and
information.
Intergovernmental Agreement - Jackson County / - 7
10. CONSTRUCTION, MODIFICATIONS OF THIS AGREEMENT
a. This Agreement shall not become effective until all parties hereto have executed this
Agreement.
b. This agreement shall be construed and enforced in accordance with the laws of the State
of Oregon.
c. THIS AGREEMENT CONTAINS THE ENTIRE AGREEMENT BETWEEN THE
PARTIES HERETO AND SUPERSEDES ANY AND ALL PRlOR EXPRESS AND/OR
IMPLIED STATEMENTS, NEGOTIATIONS AND/OR AGREEMENTS BETWEEN
THE PARTIES, EITHER ORAL OR WRlTTEN, AND MAY NOT BE AMENDED,
CHANGED OR MODIFIED IN ANY WAY, EXCEPT BY WRlTTEN AGREEMENT
SIGNED BY ALL PARTIES HERETO.
IN WITNESS WHEREOF, the parties hereby enter into this agreement.
Each party, by signature below of its authorized representative, hereby acknowledges that
it has read this Agreement, understands it, and agrees to be bound by its terms and conditions.
Each person signing this Agreement represents and warrants to have authority to execute this
Agreement.
JACKSON COUNTY OREGON
CITY OF ASHLAND OREGON
Danny Jordan
Administrator
Date
John Morrison
Mayor
Date
,tfJ~~
,. (
/1
U'i
Intergovernmental Agreement - Jackson County / - 5
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Approval of a Public Works Contract in Excess of $75,000:
1-5 Sanitar Sewer Pro' ect
January 15, 2008 Primary Stafl Contact:
Public Works/Engineering E-Mail:
Finance Secondary Contact:
Martha Benn Estimated Time:
J ames Olson, 552-2412
olsonj@ashland.or.us
Terry Ellis, 552-2335
Consent Agenda
Question:
Shall Council, acting as the Local Contract Review Board, accept a bid from Johnny Cat, Inc.
and award a contract in the amount of $87,406 for construction of the 1-5 Sanitary Sewer
Reconstruction Project No. 2007-15.
Staff Recommendation:
Stafl recommends acceptance of the bid and approval of a contract award to Johnny Cat, Inc. for
construction of the 1-5 Sanitary Sewer Replacement Project No. 2007-15.
Background:
In early 2008, ODOT will begin its next round of bridge reconstruction projects on Interstate 5.
The twin bridges over Bear Creek at Milepost 15 will be included in this work. Currently the
City's Bear Creek trunk sewer runs under these two bridges. ODOT's work places the sewer line
in jeopardy and, since this sewer line is scheduled for replacement and upsizing in 2012, we have
elected to replace approximately 290 feet of this 12'sewer line with extra strong 16" ductile iron
pipe. So that our replacement work will not interfere with ODOT's construction, we are required
to complete our work by February 28, 2008.
To access the proposed work area requires crossing a
small creek and, due to stream protection
requirements, we are prohibited from impacting the
creek in even a minor way. We will need to quickly
construct a bridge over the creek and must do so
without depositing any spoils or debris into the
creek.
r~'- . ,
J' '~1'~1
~"~".
contractor is ready to install them.
To meet the short time schedule the City has
purchased all required bridge components ahead of
time and will have them available when the
Bid advertisements for this project were published statewide on December 10, 2007. Bids were
received and opened on January 3.2008 at 1 :30 PM as advertised. A total of seven bids were
received ranging from a low of $87,406.00 to a high of$134,715.00. The low bid was submitted
Page I Df 3
G puh-wrks o:ng Jo:pl-aJrnin ENGINEER PROJECT 200707-15 CC AO:O:l'P1anco: of Johnny Cat ConlrJCt I OR.Joc
!'Al
CITY OF
ASHLAND
by Johnny Cat, Inc. in the amount of$87,406.00. The engineers estimate for this project was
$124,570.00.
The total project cost is estimated as follows:
Engineering (by Hardey Engineering & Associates, Inc.)
Bridge Slabs (purchased by City)
Pier Blocks (purchased by City)
Easement
Permits
Construction
$12,000.00
$18,000.00
$1,510.00
$900.00
$400.00
$87,406.00
TOTAL = $120,216.00
The budget allocation for this project is $173,254.90.
Related City Policies:
AMC 2.50.015 Authority
Unless otherwise expressly authorized by these rules or by ordinance or order of the Council, all
contracts must be approved by the Council bet()fe they can be executed. The Council gives its
approval through its Consent Agenda which authorizes the Public Contracting Oflicer, his or her
designee or the contracting department to execute the contract. The Council may also execute
contracts itself
AMC 2.50.020 Public Contracting Oflicer's Authority
A. Authority to Execute Contracts Without Prior Council Approval.
The Public Contracting Oflicer may execute without prior Council approval, contracts
that satisfy all of the tollowing:
I. The contract has a total value of seventy-tive thousand dollars ($75,000) or less;
Council Options:
Council can accept the low bid and award a contract to Johnny Cat, Inc. or may reject the bid tor
cause.
Potential ~lotions:
Council may move to accept the low bid and award a contract to Johnny Cat, Inc. in the amount
of $87,406.00; or,
Council may move to reject the low bid for cause.
Attachments:
Bid Summary
Proposal
Contract
Page 2 llf 3
G puh-wrks eng dC'jJt-admin E"IGI" EER PROJECT 20(J7 Of-I 'i CC Acceptance of Johnny Cat Contract I O~.doc
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Page 10
PROPOSAL
\fayor & City Coundl
Ashland. Oregon
The undersigned bidder dedares that the bidder has received. read and understood all bid
documents; received. read and understood all addenda; the bidder has taken no exceptions other than
those dearly stated in this proposal; the bidder will be liable for increased costs (and attorney fees)
tllr retaining a replacement bidder if the undersignt..-d bidder is awarded the contract but refuses to
sign the contract; the bidder has examined the plans and specitications, has visited the site. and made
such invcstigation as is necessary to determine the character of the materials and conditions to be
encountered in the work and that if this Prop{lsal is acccpted, the bidder will contract with thc City of
Ashland. Oregon tlJr the construction of the proposed improvement in a tonn of contract containcd
in the bid documents. will provide the necessary equipment. materials, tools, apparatus, and labor. in
accordance with the plans and specitications on tile at the City Engineering Office, Ashland,
Oregon, under the tl)lIowing conditions:
I. It is understood that all the work will be performed under a lump sum or unit price basis
and that t<)r the lump sum or unit price all services. materials, lahor, equipment. and all work
necessary to complete the project in accordance with the plans and specitications shall be furnished
tllr the said lump sum or unit price named. It is understood that the quantities stated in connection
with the price schedule for the contract arc approximate only and payment shall be made at the unit
prices named for the actual quantities incorporated in the completed work. If there shall he an
increase in the amount of work covered hy the lump sum price. it shall be computed on a basis of
"c"{tra work" t(lr which an increase in payment will have heen earned and if there he a decrease in
the lump sum payment, it shall he made only as a result of negotiation hetween the undersigned and
the Owner. Furthermore. it is understood that any estimate with respect to time. materials,
equipment, or senice which may appear nn the plans or in the specifications is for the sole purpose
nf assisting the undersigned in checking the undersigned's own independent calculations and that at
nn time shall the undersigned attempt to hold the Owner, the Engineer. or any other person. firm or
corpnration responsihle for any errors or omissions that ma) appear in any estimate.
., The undersigned will furnish the honds required by the specitications and cnmply with
all the laws of the Federal Government. State of Oregon. and the City of :\shland which are pertinent
to l..{mstruction contracts of this nature even though such laws or municipal prdinanccs may not han.'
heen quoted or referred to in these specitications.
J. All items for the cnntraLt for which fonns arc pnl\idt't! in the hid documents have heen
I..'omplctcd In tull hy the shO\\ ing pf a lump sum priu~ or prices for each and every itcm and hy the
sh,)\\lng IIf other infi'rmation indicatcd hy the proposal tllnn. The undcr.;igned suhmits the unit
prices set fi.mh as those at which the hidder \\/111 perti.)rm the work iO\oh cd. fhe e\tensipns in the
ullumn headed "Total" are made up fnr thc sole purpose (If fal..'ilitating I..'lllnparislln of hids and if
there an: any discrepJncie~ hct\\ een the umt prices Jnd the totals shlm n. the unit prices shall gll\ em.
G pulJ-Mks er,gdept-admln ENGI~~EERPROJECT20iJT07-15 !-5 Se.ver Construdlon Sid Dooumenl12 07 doc
Page 11
-l. The undersignt.'t.! agrees that the "Time l)f Completion'" shall he as ddined in the
spel:ilil:ations and that the hidder will l:()mplete the work \\ ithin the numher of l:llnsel:uti\ e l:aknuar
days statt.'t.! for eal:h sl:hedulc alter "~otil:e to PnKeed" has heen issued hy the Owner.
Bidder furthennore agrees tl) pay as liquidated damages, tiJr eal:h l:all'nuar day thereatter,
the amounts shown in Subsedilln 00180.50 ofthl' Spl'l:ial Provisions, ti)r l'al:h day the projel:t
remains incomplete.
5. The undersignt.'t.!, as hidder. ;'ll:knowledges that addenda(s) numht'red -L through _"2-
have heen received by the hidder and have heen eumined as part of the contrad documents.
o. If the pwposed hid pril:e will exceed S50,OOO.()O the undersigned, as hidder,
al:knowledges that provisions ofORS 279C.XOO 279('.870 rdating to workers on puhlic works to
he paid not less than prevailing rate of wage shall he included in the contrad, or in the alternative, if
the pmject is to he funded with federal funds and is suhjel:t to the Davis-Bal:on Al:t (-W L.s.C.
~27oa) bidder agrees to l:omply with the Davis-Bacon Ad requirements.
7. Instrul:tions ti)r First-Tier Suhl:nntral:tors Disclo"iure. Bidders are required to disclose
intimnation ahout certain tirst-tier suhcontradors (those suhcontral:tors contrading diredly with the
hidder) when the contrad pril:e exceeds $75,000 (see ORS 279C..170). Spel:itically, \\hen the
contract amount of a tirst-tier suhcontradur is greater than or equal to: (i) 50" of the project hid, hut
at least $15,000. or (ii) S.150,OOO regardless of the percentage. you must disclose the t\lllo\\ ing
intilmlation ab(lut that suhcontract within two working hours of hid closing:
7.1 The suhl:ontral:tor's name and address;
7.2 The suhcontrador's Construction Contractor Board registration numher, if one is
required, and;
7..1 The subcnntrad dollar value.
If you will not be using any SUhl:llntradors that arc suhjed to the above disclosure requirements, ynu
arc required to indicate "NONE'" on the ti)rm.
TilE CITY "lAY REJECT A 810 IF TilE BIDDER F,\ILS TO SLB\lIT TilE DISCIOSl'RE
H)R\l WITH THIS I~F()R\L\TION WITHIN TWO HOlRS OF 810 CLOSI:\G.
[0 ddennine disclosure requirements. the City recommends th..it you disdllSe suhcontract
int\lrmation f\lr any subl:ontrador as t\lllo\\ s:
I ) Determine the Im\ est possible contrad price. [hat price will he the hasc biu amount less all
altemate deUUdi\c hilI amounts (exclusl\e of an) optillns that can onl) he excn:ised ..itler
\..'ontract award).
.~) Prm ide the requircd Jisdllsure inl\lrtllJtion !\lr any lirst-tler suh\..'llntrador \\ h'h\..' potential
c\l(ltracl scni\..'es li.e., suhl:ontradllf's hase hid amount plus all alternate additive hid
amounts, c\c1usi\c of elll) Ilptions that \..'an only h\..' e\erclsed after contral:t ..1\\ .Inl) Jre greater
than \lr equal Ii>: (11 5" lJ of the lowcst \..'ontract prile. hut at least 515.1)00. \lr (ii) S35l).f)OO
regardless \lfthc percentage. Tlltal all posslhle \\ork l\lr each suhcontradllr In making thiS
detemlinati\ln (e,g.. If a ,>uhcontrador \\ 11\ pnl\ Ide S IS.oOO \\orth Ill" ,en I\..'CS lIn thc hase hid
and ~-lO.OOIl 1111 an addltl\ c :lltem,lte. then the plltcnti..il all1l1unt of suhcllntradllr's sen I\..'es is
G pub. ,'.rks p.ng dp.PI admrn E'JGi~JEER PRO~ECT 200TQ7.'5 1.5 Se.ver Construction Bid Documenl12 1)7 doc
S55.000. :\ssuming that S55.000 e\l.:ccds YI u of the 10\\ cst wntrad prke. prm ide the
disdosure ti.)r both the S 15.000 SCf\ il.:cs and the (S-W.uot) SCf\ il.:cs).
The disdosurc should be submittcd on the tiJllowing ttmn:
G puc-Mks er'll~8pt-.1dm,n E~jGINEER PROJECT 200707.151.5 Sewer Construction S,d Document 12 1)7 doc
Page 12
Page 13
City of Ashland
FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM
(As Required by ORS 279C.370 and OAR 137-049-360)
INTERSTATE 5 SANITARY SEWER CONSTRUCTION
PROJECT 2007-15
Bid Closing Date: JANUARY 3, 2008
NAME OF SUBCONTRACTOR , I
~e
CATEGORY OF WORK
II DOLLAR VALUE I
1.
2.
3
4
5
6
7
8
']
10
. Att,l',h additional pages If needed.
G p'jb-M~~ef1r; dept-ildrn:n E~JGI~JEER PROJECT::00T07-15 1-5 Silwer C;:wstruction Bid Doc~mert 12 !J71oc
Page 14
BID SCHEDULE
INTERSTATE 5 SANITARY SEWER CONSTRUCTION
e_e __eeee___e_______n_n_______n__________~~~1!tct~o._~Q_07 -1 ~_________________ u ______________ _ _ \
UNIT
PRICE
(FIGUR_~~_ _______________
! NO
DESCRIPTION
CTY
UNIT
AMOUNT
Mobilization and Traffic Control
,
'------TMO-bilization------ ------------------------ __n__ ~-------------;-----~$---- - - cc
1 ~-~~~-------- __ __________________ _~~~~!~_____+_~-~r11p--~um----}~~ --LL-QQ0=_u
i Temporary Work Zone Traffic Control. Complete (1-5) I G . ~ /"', c~
: for Dollars t Lum Sum $'.:(3) $ C( ~:; C' -
-+- --- ---------- ------ ---------- ---- ------ ---- ---- -p---------------------------------- ----
I ~OsIO~cO~lrOI.&~e~'=enlconl:l_ _.___._ __ ~oIl~rs Lu"",~um. $I,e~""- $15 = -'c'
i Pollution Control Plan $ o~ $ _ ~_~
~__~__L!or ____ __________h__ Dollars Lump~ur11____~ ~____ ___L~Q =____
I
I Roadwork
- ,
. Removal of Structures and Obstructions
5 ! for
-t---- ---------- ---- - - - ------ --- -- -- -----
Clearing and Grubbing
6 for
------t-- --- -- - -- --- -- ---
i Tree Removal
for
c~
ILfca-
I
r"L'
I bCC--
I
$ c~ $
_u_ ~~II~rs__u_+ ___Lu'!12~~__ (4ro
$ _' c~ $
Ll!'!1~~_U_f!l____ If 8cc
! ~..)
2 I EA $ Z'S=J - $
SC'
275 cy $ q -- $
..-- --- _.~----,---
t"1!'
. $ (:' $
1075 I SY 0 ~
_ __----L_ _ _ u_ ___
Dollars
,.~c.:.~
5CD-e-
Z(~l2- :E-
/ c<..:.'
~'C~ ---
Dollars
General Excavation
for
Subgrade Geotextlle
. for
Dollars
8
Dollars
l_~
, Utilities
!
____u_~ _'~
$ '0 z :J__ $ 2 Cc-j -st-?
,.. (H'
$4, ') c~.:.. $ Lf; 9 0<..' ---
0.:
\G~- $
0--'
$4-ctl: - $
16 Inch Ductile Iron Sanitary Sewer Pipe
for Dollars
- ---- - - -
I 48 Inch Concrete Sanitary Sewer Manhole
for Dollars
Connect to EXisting Sanitary Sewer Manhole
for Dollars
10
\. -.
i
11
r<,)
I (;St'--
I
cC
4, C<-"O --
-"
12
L EA
. Bypass Pumping Sa/1ltary Sewer Manhole
13 : for Dollars
Lump Sum
Access Road
Precast Footings Installation Only
for
n-' "')L)
$15'50 -- $ II 5:;0--
CG rL'
$3 (..ooe- $ :; (~{b .-
, I ;J I
r:) ':J.-
$1 5 C'O $ / '5 (X)
/, /
Dollars
14
LumpSur:!1
18 Inch Precast Prestressed Slabs Installation Only
for Dollars
Structure Excavation
for
15
_ Lump Sum
Dollars
16
~um2 Sum
G pub NrI\Ser:c; '~ei=~ ldmlfl EnG!~~EER PROJECT200701-15 1-5 Seher CGnstructron Bid Documenl12 07l~OC
Page 15
NO
DESCRIPTION
OTY
UNIT
UNIT PRICE
!FIGURES)
"MOUNT
Bridge Work
~-^--'-,- --..--.-.---.--- --..----..--~- ~-- - --- - - -~-- --~- - -----.c:r;\--- ~- - --- -- _~---l
_ _ 1 L~_~t;uctural Steel Plate, Furnish and Install Dqll~~ __ '.. b~!Tl2 ?um__ $( .~;- $ ~ .fee' ~
. , Pressure Treated Rail, Furnish and Install / ~ (")C
1~___J.<:>~ Dollars Lump ?"Uf'T1".__.$2.,L~ _$_~_C?-C
Bases
J~ . -0 Aggregate Base
19 , for
..' -......- -_._,-- _.. -.----.-.,--.-. --.-.-.-.. -..._- --- "---' - ~-
540 , TON
,t)
$ ( 4-~ ~
_.. ----,,-.- ...,
<!X..,
Dollars
$ 7 830
t - .',,-- ...
Right-of-Way Development and Control
- ,,- -- .. - -;;:;-.-.. - P'. .. -p --- "6:..'-- -. . i
$ lbs - $ 2- 27(; -
I
DO e......~
$ E5c- $ 13,5:--
(L.~ . (y:.?
Dollars 136._L~~. $ 2/- $~_8_;;~ /
BASE BID TOTAL. $ (:2' ( . ('-~
-"- ....---- -. _J.__L-c?..f 1 ) ~~'----------
Dollars
Seedling Trees, Deciduous Bare Root
20 for
_____+- H ._,__..__.. ___,._ '__ ____. _._. ___. ____ ...___.__..._.,_____._..______~..
! 14 Foot Single Gate
21 i for
n___.+-__ ....._., .__.__ __ _..~. _.' _..__ _
: RemOVing and Rebuilding Fence
22 .L!()~__._ _____ ._ ....
Dollars
12 EA
----r---..-.-- _.--- ---
!
.,-
I
1 EA
(lA~ o~.4JCb e
? L ( -:; UlJ-?-___
e~IlDt:__ I^-J TO T4G
- ~
LOR./l.. 4~7. 87 4tj~.{)0
I
P
G pl,b-t;rkS engdept-jdm,1C ENGi~JEER PROJECT 2007'07-15 1.5 3e.~er CCrlstructlorl Bid Document 12 07 doc
Page 16
The City reSCf\ es the right to reject any and all hids. waive ttmnalities. or Jcccpt In)' hid which
appears to ~ef\e thc hest interests of the City in acnm.lance with ORS 279B.llJO.
The tlxcgoing prices shall indude alllaoor. materials. equipment. t)\ erhcad. protit. insurance. and
all tIther incidcntal expensd to covcr the tinlshcd vOL)rk ofthc scveral kinds called tilL Lnit prices
are tn he ~hown in hoth words and tigurcs. In case of discrepancy. thc amounts shown in words will
gun:m.
{ 'pon receipt of written notice of the acceptance of this hid. Bidder shall cxecute thc timnal contract
attached \\ ithin ten days. delivcr surety hond or honds as required. and delin~r required proof of
insurance. The hid security attached in the sum of the percent of the total price tllr the hid or
c{lmhination of hids is to hecome the property 111' the Owner in the c\ ent the wntract and h{lnd arc
not executed within the time above set forth as liquidated damages for the delay and additional
c\pense to the Owner caused thcrehy.
The Bidder is -X- or is not
a rcsident Bidder as dctined in ORS 2791\.120.
JcMl\!tVLa{J~~ ..
Firm Name of Bidllcr
. 19 idder
.:GtxYI JAI1_~________.___
~~lf~ Name oFBLldcr
r-' ,
<.,:~~~f1~~<-- ~~---Z -
~.
Q~q arJ__
St'-lte of lr1Lorporatilln
Ul~3_._,_
CCB :\umhcr
Dated 'hiS .;s. v...1 day of 1111. 114 -? '( 100R.
'\amcofBidder "Jo',J,,{,tVd, .(,j_, ^,-,' , Lvc-'-' , '" ",.
Addrcss :f<QIf,~Y- l)<) ~10 17ot-uPf~J.t~j)~
~4c IC-~ ~.~ L ,tZ,l (!) tZ-, Cf 7 ~ 3 C:J
r I.'kplllmc \0_ 51-1. f;q 9. 419 i
.
G P'Jb-MkS enc; dept-:Jdm,n ENG,~lEER PROJECT 2GG7 07 -15 1-5 Sewer CQn5tructlcn B"j Document 12 1)7 doc
~"'lJ~ 17
U1J) HO~l)
\\~. lhe und~r-;ignl"lj. _ Johnny Cat~lnc. PO Box 89, J.acksonville, OR 97530 as Pnn\.'JpJI.
:lI1d Western Surety .~..oJ11Danv PO Box 4049. Portland, OR 97208 a~ Surl.'ty. ar('
hdd ,md ti:mh b\.lund 10 elt\ of Ashland, l)n:Kon a:-; OW1\FR. In tht, penal sum \11 5% of Bid Amount
t'Jr the pJ\ment l)f\.\hIChjOl;1tly and ..,t:\eraJl~ hind nursehcs, nur ~UL:I.:t>"'-;l)rS, and a.,sjgl~s~----
Si~l1\:d \!t\S
28th
duv ot Dee . 2007
I he O:llnoltlon ot the ,llx)\~ llhltgalion i~ :-ouch Ihal \1, hcrca,,; lhl.' Pnm:lpal has '5UbrrHttt:d to th~ (It\o llf
..\-hl;!n.!. Or~~llll, J cel1u1I1 I)ID. att.1l'hed and made a pMt oft,1s BOl\iL>. to ent~r mil) a ":l)ntral..t"lll
\\flllng. tor the ~1r\)rosal of Inler\late 5 Samlary Sl'Wl:r ConstruLllllfl.
\jOW. THERLfORL.
la) If thIs tilO shall he rejected, or;
(Il) If tlm BID shall h(' accepted and lhe Prindpal shall execute and deb ver :t contra.;:t III
the l'IJI1T1Ilt'lllnlrad altul.'hcd (properly COlllpkll'd In ul.:l.'ordanc(' wllh the BID) and
I urrllsh a HO!\ D tor the faithful perfi)rmanl:~ lIt the cont13cl. and ti..lr the payment llt
all persons pcrfomllng labor or t'llrnijhing materials in conn~.:l1on with th,,' ,,'ontTa;;:t.
and shall 111 all respects pertontl the agreement created hy the 8lu'ptancc uf the DID,
Ihen thle; obllgatlOn shall be.: \old. othcr~lSI.: lhe sarnl: shall remain In tlnce <lmI dle('t:
II being expressly understood 3J1d Jgrec:d that the liabilIty nfthe Surety t(lr anv unJ nil
claim.., under thIS BOND shall, in Il(ll:\cnt. cx~ccJ lltl.: penal amounl lIt' IhlS ubll~ation
JS "Iated
I he Surety, ror value rec(,I\~d,stlplll.Jte'i and ill".'Tt:t:'l that the obligations of th~ Surety and Its
BOND ~hall be III no \\ ay impaired or affected by any extenswlll)f the time \\.'ithifl whIch the
U\\'I\ER n1J! a..:ccpt such BID; anJ lh\.: Surdy lA-aih:s lluticc of any SLU:,~~~ln. )
/.--- /.y' /
Johnny Cat. Inc.'" ,
f L S.I
rrinLl[1a!
Western Surety Company
"ur~t)
s-~ IA/'~
<... -- -----"----
Susan Wilson, Attorney-In-fact
I \IPOR I" r .. 'Surety ..:pmr;JI\I~~ n,:~ullClg BOr--. OS :IIu.,1 ;irpcar \ 'n the T~ea~urv Ul'p.Hl mcnt' s
:11P~ll'\JTT~Tit Iht ICtr,,:u!:lr 57U;b ,:uT1enJ(,d) ,1Od be authonzed hl tran.,;:lct bus.IIl~,,~ In the Sl:Itt' ()f
H\
f)! c.'~('fl
c"L.",", d ,,' XIl' YJ,)1,(l'E'lCI'JF='R p~~JE::T,.!W~\H. ~ :.!! :;"','<'f'( ("n"~'rl:'!Y BI(~ JOCt"Il'lHlt '207 rJ'l(,
Western' Surety Company
POWER OF ATTOR;\iEY A....OIl'iTlNG INI>I\'lDlJAL ATTORNEY-IN-FACT
"no.. \11 "en By Thes~ Pn'sellts, 1 h~1 WI'S ITRN SIR!' ry CU\'f'ANY. J SUlllh DJk..'ta <:'''1''''.111<)11. IS J dull urgJIlI/ed .Jlld "''<I'ng ,'Hp.".HIIl11
hJ' ,"g ilS prill"p.11 "fti,e III Ihe ( Ily I)f S,L'U\ F.llls. J11d SIJle uf Soulh D.lkul.l. Jlld Ih~1 'I J,'es b) ':rtue ,of the "gllJlure J"d ,e~1 here,n Jtfl\ed heleb:
Ill~ke. 'I111Sl,Iule 'lfld ~pp<11ll1
James R Cox, Barbara Pinkham, Phyllis Hite, Susan Wilson, Individually
ul \led'-,,,d. UR. lIS Irue JnJ IJ",ful .\llurne)I'}'lilFJd Wllh full p'l\,er Jlld .lUlh'lfll) hereb} ,,,"felred ID "g11. ,,~I ~11d ne<:ille f,,, .Hld U11 lis bdlJlf ~'nJs.
1IIh!t"rt.tklng~ .tnJ uther \\bhg,3cor) IIh[rUl1lcnt<.) df 'l1r111Lu nature
- In l'nlimited Amounts -
;lIld (0 hlllJ It thc:rchy JS fully Jnd to lilt" 'iJrn~ I..",lent as ,fsuch ,n~trUllll'l1ts \\crc jlgflt"d h] .1 duly JuthOfllt:d ufli(c:r of the l".'llqhHJtlllll .tnJ ,Ill tht' .h.'t:) ufs.i1d
AttUrllL"y, pUr"ill.Hlt hl the Juthonty ht'rt"hy glVt.:'Il, dre hereby rardit'tf Jod (l)ntirmcd
TIll') P\J\"'~r of Attorney IS lll.tJc: ~HlJ C\l."L'\ik~l1 plH')uanr (0 and by ;luthnrny \Il' the By.Lav. pnnted (HI the rr\.rr"'t~ hrrellf, dltly ;ldllplrd, ~)" lIhlli:atl'd. hy
111~ "h,lll'h,d,h~rs of [ht" Lurpt1r~ltlll!l
In Wilne,s Whereof. WES ITRN SLHl'. [,Y (,()\IP..\~Y ba, L""ed Ihc'" 1',,:s':llls III he SlglleJ by lis Se",,,r V,ce I'"",klll .111.1 lIS Cll'lh'''lle seal I"
he herel,) ~ni\ed "n IhlS lllh ,j~y llf "1.11. c')1)7
WESTERN
SL:RFTY
COMPANY
~P:~_
r. I'I~S~Il"'; \~il'e l"I'.",klll
SLife' If SPIlth I bkdla
l",)UfllJ' \If \111lflCh.dL\
}
<.;'-;
011 Ih,s Illh Jay of May. 2i1117. bef'"e me I'~r""'ally Lillie I'aul r fjfllllal. In rrll~ kllown. "hn. bemg by me duly sworn. did dqJ("': .1I1d S.I} rl:;ltbe
re'",ks Ifl Ibe (',ry nfSI<"" F.llls. SI~le "f S'''1111 IJJkul.l. thai Ire IS Ihe Selll"r VICe I're",kI11 "f WI.S IT/{.... SI.HL IY (.(lMI'A\;Y (k"rihed III .111.1 "hlCh
l"H'(lltl'\! the :Jhcnl..' lIhtf1HllCrll, !1l,1t hI.: k!\u....... the 'll';tI',lf ';;111.1 (l)(puutitHl, Ih,lt th~ ';~,Il ;ltfi,cd I(l the '\.!JJ Irl<;trUlllcnt l'i ')1....:11 l'orpnLttl' \l,.'al. thaI :! wa'} 'l4l
;llfiq:d P\J[\\j,Hll III .tlJlI1IHlly gl\.C'fl hy the (ltl.trd \)1 Dlrec!lJP\ of said l..'tllpdLltllHl Jnd ttnt he signed III') 'l.Ulle !he[eln pUr'illJfll :,) lIke: .lul!1or:f..,. ;wd
II'knll\\.kdgL"} ....i!1lC (I) he the ,tct "111.1 ,k~t",1 \Jr\Jd <....';Hpor;l{lon
'-J'l\ t'mher ~I). 2'1 12
+~~~~~~~~~~~~~~~~~~~~~~~~+
: 0 KRELL :
I' I
:~NOTAAY PUBLIC~:
1\J-l~SOUTH DAKOTA\C1~-t.)1
I I
.~....~~~............~~.....~..................... .
__~_n~~;p'hh; .
\1''J LlIflll!lI\-;:dn l'~plrl'S
CEI{ f1F1( \ n:
I. I. ';"""n. .\",q.lnl """'II":> of \\FSIU!~ SLRETY (.()~.1I'A~Y ,j" 'c'reh} ,crtlly :h.lllhe I'd"er ')('\Il"rr1l'Y hereln.It"'..e lei furth ".lill,n
t~",e. ,I",j funhcr certl!':, r!1.lllhe lly.LJ" "I the ,,'rpmal',)n prlnled '.'n :he rn"r.,e I,crc,)f 1\ ,lill In f""e In reSlltn\1l1) v.hereuf I h.lye herl'illlto ,uh,rrIJcd
Ill) rL.HIlC jnd Jftt...cd the '}cJI of!l1e saHI.:(:rpnULon thl'_._...28.m_ ,by df _ :pe<;E!T'lb~"~ _20QZ__
WESTERN
SL'RETY
C 0 \1 PAN Y
4 ~~,'~",,',,'
Fllf1l1 F.t2S0-0'J.l)o
Aulhoriling By-Law
ADOPTED BY THE SIIARElIOLDERS OF WESTERN SURETY COMPANY
This PIl\vl:r Ilf Attom~y IS m;'l\k and ~xecuted l'tJrsll.H11 10 clI1d bv .Ill:hl'rlty of the 1"lIowlllg By- Law dllly adopkd hy till: '!l.Ireholders
of the COlllpany
Se<.:Il<Hl 7. All honds. policies. lllldertaklngs. Po,vers of Attomey. Ilr othcr "bllgatl,)ns of the ,'orporatl<1fl shall he c\ecuted In thc
<':llrporate n.lme Ilf the CUlllpany by the PrcSldent. Secreta!)'. CHid ASSlslanl Secrl:la!)'. Treasllrcr. l'r any \'I<':C President, or h:, sll<.:h other
officers as the Board of lltrt:ctllr~ may authorize. The Pn.-sldent. any VKe President. Secretary. any --'""tant Secretar\', <'r the rn.-asurer
may appoint Attorneys rn !'Jet or agents who shall h;lve authOrity tll ISSUC bonds. poliCies. or undertakings 1!1 the name of the (',JmparlY
Thc cOlp<lr;ll<: seal IS not neeess.lry tilr thc v.llldity of any honds. pnllCles, undertakings. Powers I,f Attorney or "ther nbllgatllll]\ "f thc
cI'lp<,ratlon I'he slgnatllrc 1'1' .lIlY slI,'h "nicer clfld the corporate seal n1-lY he prl!1kd hy t:lCSlllllk
Page 22
CERTIFICATIONS OF REPRESENTATION
Contradnr, under penalty of perjury, I:erti lies that:
(a)l he number Slll)\\n on this I~lml is its I:orred taxpayer ID (or is \\aiting for the number to be
issued to it; and
(h) Contrador is not subject to hackup \.. ithholding bel'JUSe (i) it is exempt fwm hal:kup withholding
or (ii) it has not been notified by the Inh:mal Re\enuc Scnil:e (IRS) that It is subject to bal:kup
withholding as a result of J lailure to report all interest or di\idends, or (ili) the IRS has notilied it
that it is no longer subject to backup withhl,lding. (\Intral:tor further represents and warrants to City
that (a) it has the power and authority to enter intll and pertl1rm the wllrk, (b) the C\llltrad, when
e,enlled and delivered, shall he a \ 3lid and binding obligation llf Contractor cn/lm.:eahle ill
acconlanec with its tcmls, and
(c) I he wllrk under the Contrad shall be perll'rmed in al:cllrdanee \\ ith the highest pwfessional
standanls, and
(d) Cllntradllr is qualitied, protCssionally cllmpctent and duly liu:nsl'd tn pertllffil the work.
Cllntrador also I:ertitics under penalty of perjury that its husiness is not in violation of any Oregon
tax laws, and it is a corporation authori/ed to ad lln hehalf of the entity designated ahO\e and
authllri/ed to do husiness in Oregon Ilr is an independent contrador as defined in the contrad
documents, and has l:hel:kl.'d /llur or more of the following I:riteria:
,/
( I) I carry out the bhor or sl'nices at a location separate Irllm my residence or IS 111 a
spel:! tic portion of my residence, sd aside as the Im:ation of the husiness.
v (.2) Commercial advertising Ilr husiness cards or a trade association memhership an:
pUl\;hased Il)r the husiness.
/'/
v U) Teleplwne listing is used /(Ir the husiness ",eparate from the personal residence listing.
\(
H) Lahor or scnil..'es arc pcrlllmlcd only pursuant hI \Hitten contrads.
/'
......
\ car.
(5) Lahor Ilr "ienices arc pt:rfonlled Illr tWll or mtlrt: di fll:rt:nt pt:rsl'ns within a period tlf tine
'\..,.. (h) I assume /inanl..'lal rt:sponsihility t\lr dekcrive \\nrkm..llbhip pr lilr st:f\ice IlIlt pnl\idl:d
as l:\ Idt:net:d hy thc n\\ IH;rship of rt:rll,rmaIKe honds, \\ arr:..\I1tics, errors and olllisslPn insuranl:e Ilr
li.lhlllty m....urance rebting hI tht: L.lhor Ilr sen Il.:l'S to ht: prll\ ided.
/- "5- ()~
Oatt:--
G pIJb-,'ifks en" d"pt-,jdmlr;ENG!tJEER PROJECf2GOT07-15 1-5 SeNer Construction Bid Document 1207 'joe
CITY OF ASHLAND
CONTRACT FOR PUBLIC WORKS CONSTRUCTION
Contract made this_ day of
("City") and Johnny Cat. Inc. "(Contractor").
, 2008, between the City of Ashland,
City and Contractor agree:
I. Contract Documents: This contract is made as a result of an Advertisement for Bid
issued by City for the Interstate 5 Sanitary Sewer Construction. Contractor was awarded the bid
as the lowest responsible bidder. In the event of any inconsistencies in the terms of this contract,
the contract documents defined in the Advertisement f()r Bid and Contractor's bid, this contract
shall take precedence over the contract documents, which shall take precedence over the bid.
This contract and attached exhibits constitute the entire ab'feement between the parties. No
waiver, consent, or modification or change of terms of this contract shall bind either party unless
in writing and signed by both parties. Such waiver, consent, modification or change, if made,
shall be efTective only in the specific instance and f()f the specific purpose given. There are no
understandings, agreements, or representations, oral or written, not specitied herein regarding
this contract. Contractor, by signature of its authorized representative, hereby acknowledges that
he/she has read this contract, understands it, and agrees to be bound by its terms and conditions.
2. Scope: Contractor shall begin and complete the project described in the contract
documents within the time prescribed in the contract documents. The following exceptions,
alterations, or modifications to the contract documents are incorporated into this contract:
3. Price & Payment: City shall pay Contractor amounts earned under the contract. All
payments will be made at the times and in the manner provided in the contract documents.
4. Performance and Payment Bonds: Contractor shall, within five days atter execution
of the contract and prior to doing any work under the contract, furnish bonds to the City of
Ashland in a form and with a surety satisfactory to City in the penal sum of $87,406.00
conditioned upon the faithful payment and pert()rnlanCe of this contract upon the part of the
Contractor as required by ORS 279C.380.
5. Indemnification: Contractor agrees to defend, indemnify and save City, its officers,
employees and agents harmless trom any and all losses, claims, actions, costs, expenses,
judgments, subrogations, or other damages resulting trom injury to any person (including injury
resulting in death,) or damage (including loss or destruction) to property, of whatsoever nature
arising out of or incident to the performance of this contract by Contractor (including but not
limited to, Contractor's employees, agents, and others designated by Contractor to pert()rm work
or services attendant to this contract.) Contractor shall not be held responsible for any losses,
expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and
approximately caused by the negligence of City.
6. Insurance: Contractor shall, at its own expense, at all times during the term of this
agreement, maintain in force:
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2DD7\D7 -15 Johnny Cat Construction Contract 1 DB. doc
6.1 General Liability. A comprehensive general liability policy including coverage
for contractual liability for obligations assumed under this Contract, blanket contractual liability,
products and completed operations, owner's and contractor's protective insurance and
comprehensive automobile liability including owned and non-owned automobiles. The liability
under each policy shall be a minimum of$l ,000,000 per occurrence (combined single limit for
bodily injury and property damage claims) or $1,000,000 per occurrence for bodily injury and
$100,000 per occurrence for property damage. Liability coverage shall be provided on an
"occurrence" not "claims" basis.
6.2 Worker's Compensation. Worker's compensation insurance in compliance with
ORS 656.017, which requires subject employers to provide Oregon workers' compensation
coverage for all their subject workers.
6.3 Automobile Liability. Automobile liability insurance with a combined single
limit, or the equivalent, of not less than $1,000,000 for each accident for Bodily Injury and
Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable.
The City of Ashland, its officers, employees and agents shall be named as additional insureds on
each required insurance policy. Contractor shall submit certificates of insurance acceptable to the
City with the signed contract prior to the commencement of any work under this agreement.
These certificates shall contain provision that coverage afforded under the policies can not be
canceled and restrictive modifications cannot be made until at least 30 days prior written notice
has been given to City. Insuring companies or entities are subject to the City's acceptance. If
requested, complete copies of insurance policies, trust agreements, etc. shall be provided to the
City. The Contractor shall be tinancially responsible for all pertinent deductibles, self-insured
retentions and/or self-insurance.
7. Comoliance with Law:
7.1. This contract will be governed by and construed in accordance with laws of the State
of Oregon. Contractor shall promptly observe and comply with all present and future laws,
orders, regulations, rules and ordinances of federal, state, City and city governments with respect
to the services including, but not limited to, provisions of ORS 279C.505, 279C.515, 279C.520
and 279C.530.
7.2. Pursuant to ORS 279C.520(2) any person employed by Contractor who performs
work under this contract shall be paid at least time and a hal f pay for all overtime in excess of 40
hours in anyone week, except tor persons who are excluded or exempt from overtime pay under
ORS 653.010 to 653.261 or under 29 U.S.C. Sections 201 to 209.
7.3. Contractor is a "subject employer" as defined in ORS 656.005 and shall comply \vith
ORS 656.017. Prior to commencing any work, Contractor shall certify to City that Contractor
has workers' compensation coverage required by ORS Chapter 656. If Contractor is a carrier
insured employer, Contractor shall provide City with a certificate of insurance. If Contractor is a
self-insured employer, Contractor shall provide City with a certitication from the Oregon
Department of Insurance and Finance as evidence of Contractor's status.
7.4. Any claim, action, suit or proceeding (collectively, "the claim") between the City
(and/or any other or department of the State of Oregon) and the Contractor that arises from or
relates to this contract shall be brought and conducted solely and exclusively within the Circuit
Court of Jackson County for the State of Oregon. It: however. the claim must be brought in a
federal forum, then it shall be brought and conducted solely and exclusively within the United
G:lpub-wrkslengldept-adminIENGINEERIPROJECT\2007l07-15 Johnny Cat Construction Contract 1 08.doc
States District Court for the District of Oregon tiled in Jackson County, Oregon. Contractor, by
signature herein of its authorized representative, hereby consents to the in personam jurisdiction
of said courts. In no event shall this section be construed as a waiver by City of any form of
defense or immunity, based on the Eleventh Amendment to the United States Constitution. or
otherwise, from any claim or from the jurisdiction.
8. Default: A default shall occur under any of the following circumstances:
8.1 If the Contractor fails to begin the work under contract within the time specitied,
or fails to pertorm the work with sutlicient workers or equipment or with sutlicient materials to
insure the prompt completion of the project, or shall neglect or refuse to remove materials or
perform anew such work as shall be rejected as defective or unsuitable, or shall discontinue the
prosecution of the work.
8.2 If the Contractor shall become insolvent or declared bankrupt, or commit any
act of bankruptcy or insolvency, or allow any tinal judgment to stand against the Contractor
unsatistied for a period of tc.)rty-eight (48) hours, or shall make an assignment tor the benefit of
creditors.
8.3 From any other cause whatsoever, shall not carryon the work in an acceptable
manner.
8.4 Contractor commits any material breach or default of any covenant, warranty,
certitication, or obligation it owes under the Contract;
8.5 Contractor loses its QRF status pursuant to the QRF Rules or loses any
license, certificate or certitication that it required to pertc.)rm the Services or to qualify as a QRF;
8.6 Contractor attempts to assign rights in, or delegate duties under the Contract.
9. Remedies: In addition to the rights and remedies to which the City may be entitled by
law tor the enforcement of its rights under this contract, City shall have full power and authority,
without violating this contract, to take prosecution of the work from the Contractor. and
appropriate or use any or all of the materials and equipment on the ground that may be suitable
and acceptable and may cause a contract for the completion of this contract according to its terms
and provisions, or use such methods as required for the completion of the contract, in any
acceptable manner. All costs and charges incurred by the City together with the costs of
completing the work under the contract, shall be deducted from any money due or which shall
become due the Contractor. In case the expense so incurred by the City shall be less than the
sum which would have been payable under the contract if it had been completed by the
Contractor. then the Contractor shall be entitled to received the difference less any damages for
delay to which the City may be entitled. In case such expense shall exceed the sum which would
have been payable under the contract. the Contractor and the surety shall be liable and agree to
and shall pay the City the amount of the excess with damages for delay of performance. if any.
10. Termination:
10.1 Mutual consent. This contract may be terminated at any time by mutual
consent of both parties.
10.2 City's Convenience. This contract may be terminated at any time by City
upon 30 days' notice in writing and delivered by certitied mail or in person.
G:\pub-wrks\engldept-adminIENGINEERIPROJECT\2007\07-15 Johnny Cat Construction Contract 1 OB.doc
10.3 For Cause. City may terminate or modify this contract, in whole or in part,
effective upon delivery of written notice to Contractor, or at such later date as may be established
by City under any of the following conditions:
a. If City funding from federal, state, county, or other sources is not obtained
and continued at levels suflicient to allow for the purchase of the indicatt.'<.i quantity of
services;
b. If federal or state regulations or guidelines are modified, changed or
interpreted in such a way that the services are no longer allowable or appropriate for
purchase under this contract or are no longer eligible for the funding proposed for
payments authorized by this contract; or
c. If any license or certificate required by law or regulation to be held by
Contractor to provide the services required by this contract for any reason denied,
revoked, suspended, or not renewed.
lOA For Default or Breach.
a. Either City or Contractor may terminate this contract in the event of a
breach of the contract by the other. Prior to such termination the party seeking
termination shall give to the other party written notice of the breach and intent to
terminate. If the party committing the breach has not entirely cured the breach within
15 days of the date of the notice, or within such other period as the party giving notice
may authorize or require, then the contract may be terminated at any time thereafter
by a written notice of termination by the party giving notice.
b. Time is of the essence for Contractor's performance of each and every
obligation and duty under this contract. City by written notice to Contractor of
default or breach, may at any time terminate the whole or any part of this contract if
Contractor fails to provide services called for by this contract within the time
specified herein or in any extension thereof.
c. The rights and remedies of City provided in this subsection ( 10.4) are not
exclusive and are in addition to any other rights and remedies provided by law or
under this contract.
10.5 Obligation/Liability of Parties: Termination or modification of this
contract pursuant to subsections 10.1, 10.2, 10.3 and 10.4 above shall be without prejudice to any
obligations or liabilities or either party already accrued prior to such termination or modification.
However, upon receiving a notice of termination (regardless whether such notice is given
pursuant to subsections 10.1, 10.2, 10.3 and 10.4 of this section, Contractor shall immediately
ceased all activities under this contract, unless expressly directed otherwise by City in notice of
termination. Further. upon termination, Contractor shall deliver to City all contract docum'ents,
information, works-in-probTfeSS and other property that are or would be deliverables had the
contract been completed. City shall pay Contractor for work performed prior to the termination
date if such work was perf{)rmed in accordance with the Contract.
II. Funds Available and Authorized: City has sufficient funds currently available and
authorized for expenditure to finance the costs of this contract within the City's fiscal year
budget. Contractor understands and agrees that City's payment of amounts under this contract
attributable to work performed after the last day of the current fiscal year is contingent on City
appropriations, or other expenditure authority sufficient to allow City in the exercise of its
reasonable administrative discretion, to continue to make payments under this contract. In the
G:lpub-wrkslengldept-adminIENGINEERIPROJECT\2007\07-15 Johnny Cat Construction Contract 1 08,doc
event City has insutlicient appropriations, limitations or other expenditure authority, City may
terminate this contract without penalty or liability to City, effective upon the delivery of written
notice to Contractor, with no further liability to Contractor.
12. Prevailing Wage Rates: The Contractor shall pay a fee equal to one-tenth of one percent
(0.1 percent) of price of this Contract. The fee shall be paid on or before the first progress
payment or 60 days from the date work first begins on the Contract, whichever comes first. The
fee is payable to the Bureau of Labor & Industries and shall be mailed or otherwise delivered to
the Bureau at the following address:
Bureau of Labor & Industries
Wage & Hour Division Prevailing Wage Unit
800 N.E. Oregon Street #32
Portland OR 97232
The Contractor shall fully comply with the provisions ofORS 279C.800 through 279C.870
pertaining to prevailing wage rates.
13. Living Wage Rates: If the amount of this contract is $17,342.00 or more, and
Contractor is not paying prevailing wage fl.}r the work, Contractor must comply with Chapter
3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all
employees perfl.}rming work under this contract and to any subcontractor who performs 50% or
more of the work under this contract. Contractor must post the attached Living Wage - notice
predominantly in areas where it will be seen by all employees.
14. Assignment and Subcontracts: Contractor shall not assign this contract without the
written consent of City. Any attempted assignment without written consent of City shall be void.
Contractor shall be fully responsible fl.}r the acts or omissions of any assigns or subcontractors
and of all persons employed by them, and the approval by City of any assignment or subcontract
shall not create any contractual relation between the assignee or subcontractor and City..
Contractor may not substitute any subcontractors from the submitted list of First-Tier
Subcontractor Disclosure Form without written consent of the City, or by following the
procedures ofORS 279C.585 and OAR 137-049-0360.
15. Governing Law: Jurisdiction: Venue: This contract shall be governed and construed in
accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of
laws, rules or doctrines. Any daim, action, suit or proceeding (collectively, "the daim")
between the City (and/or any other or department of the State of Oregon) and the Contractor that
arises from or relates to this contract shall be brought and conducted solely and exclusively
\vithin the Circuit Court of Jackson County for the State of Oregon. It~ however, the claim must
be brought in a federal forum, then it shall be brought and conducted solely and exclusively
within the United States District Court for the District of Oregon filed in Jackson County,
Oregon. Contractor, by the signature herein of its authorized representative, hereby consents to
the in personam jurisdiction of said courts. In no event shall this section be construed as a
waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the
United States Constitution, or otherwise, from any claim or from the jurisdiction.
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJEcruOO7\07_15 Johnny Cat Construction Conlracl1 08.doc
16. MERGER CLAUSE: THIS CONTRACT AND ATTACHED EXHIBITS
CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER.
CONSENT. MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL
BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH
WAIVER, CONSENT, MODIFICATION OR CHANGE. IF MADE, SHALL BE EFFECTIVE
ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN.
THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL
OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT.
CONTRACTOR. BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY
ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT,
AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.
16. Prior Aooroval Required: Approval of the City of Ashland Councilor Public Contracting
Officer is required before any work may begin under this contract.
CONTRACTOR
By:
CITY OF ASHLAND
By:
Lee Tuneberg
Finance Director
Signature
Printed Name
Its:
REVIEWED AS TO FORM:
By:
Legal Department Date:
REVIEWED AS TO CONTENT:
By:
James H. Olson Date:
Department Head
Coding:
(For City use only)
G:lpub-wrkslengldept-adminIENGINEERIPROJECD2007\07-15 Johnny Cat Construction Contract 1 OB.doc
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Approval of a Public Contract greater than $75,000
Street Sweeper
Primary Staff Contact:
E-Mail :
Secondary Contact:
Estimated Time:
January 15, 2008
Public Works
Fleet Division
Martha Benne
Jim Olson
olsoni@ashland.or.us
Mike Morrison Jr.
Consent Agenda
Question:
Will the City Council, acting as the Local Contract Review Board, consent to enter into a public
contract with Titan Sales Group for the purchase of a Street Sweeper at a cost of $156,811.00?
Staff Recommendation:
Staff recommends that the contract for the Street Sweeper be awarded to Titan Sales Group in the
amount of$156,811.00.
Background:
The 2000 Schwarze A 7000 Street Sweeper, Vehicle #390, is scheduled to be replaced during the
current fiscal year. The amount budgeted for the replacement vehicle is $180,000.00.
Lane County (Eugene), Oregon has entered into a contract with Titan Sales Group for a Schwarze
A 7000 Street Sweeper, and the contract is also available to "political subdivisions". Authority to
piggyback on this contract, including an exemption from competitive bidding, is granted under AMC
2.50.070(1)(1).
Related City Policies:
AMC 2.50.015 Authority
Unless otherwise expressly authorized by these Rules or by ordinance or order of the Council, all
contracts must be approved by the Council before they can be executed. The Council gives its approval
through its Consent Agenda which authorizes the Public Contracting Officer, his or her designee or the
contracting Department to execute the contract. The Council may also execute contracts itself.
AMC 2.50.020 Public Contracting Officer's Authority
A. Authority to Execute Contracts Without Prior Council Approval. The Public Contracting Officer
may execute without prior Council approval contracts that satisfy all of the following:
i. The contract has a total value of seventy-five thousand dollars ($75,000) or less;
AMC 2.50.070 Procedure for Competitive Bids
All Public Contracts shall be based upon Competitive Bidding pursuant to ORS 279A - 279C and the
Attorney General Model Rules, OAR Chapter 137 Divisions 46 - 49, except for the following:
J. A contract or class of contracts, and amendments to contracts specified below, provided the
Public Contracting Officer, his or her designee or the contracting Department identifies the
Page 1 of2
2008 CC Street Sweeper 15 Jan 2008.doc
rA'
CITY OF
ASHLAND
basis for the exemption. In circumstances where the basis for the exemption is not readily
apparent, the Public Contracting Officer, his or her designee or the contracting Department
shall consult with Legal Counsel. Where appropriate, alternative contracting and purchasing
practices that take account of market realities and modem or innovative contracting and
purchasing methods, which are consistent with the public policy of encouraging competition,
shall be used.
(1) Contracts for the purchase of materials where competitive bids for the same materials have
been obtained by other public agencies or the federal government whose processes for bid and
award are substantially equivalent to those set forth herein, and the contract is to be awarded to
the party to whom the original contract was awarded so long as the price of the materials is the
same or lower than that in the original contract.
Council Options:
The Council, acting as the Local Contract Review Board, can approve the contract recommendation or
decline to approve the contract recommendation.
Potential Motions:
The Council, acting as the Local Contract Review Board, moves to award the public contract for the
Street Sweeper to Titan Sales Group.
Attachments:
Authorization Letter from Titan Sales Group
Lane County Bid FY07/08 FS-03
Letter of Award (From Lane County to Titan Sales Group)
Page 2 of2
200S CC Street Sweeper 15 Jan 200S.doc
r~'
PORTLAND - SEATTLE
October 10, 2007
City of Ashland
90 N. Mountain Ave.
Ashland, OR 97520
Attn: Michael Morrison
Subject: Schwarze A 7000 Street Sweeper
Dear Mike,
Weare please to offer the City of Ashland the opportunity to "piggy-back" to our recent
successful bid to Lane County for the following:
One (1) Schwarze A 7000 Regenerative Air Street with all standard equipment plus
the following:
. 115 HP Turbo Auxiliary Engine
. Dual Gutter Brooms
. In-Cab Gutter Broom Tilt Control
. Resume Sweep System
. Hydraulic Filter Restriction Indicator
. 4" Hopper Drain
. 8" Wander Hose - Spring Assist Boom
. Hopper Deluge
. 350-Gallon Additional Water Tank
. Water System Air Purge
. Water Level Gauge in Cab
. (4) Additional Spray Nozzles in Hopper
. High-Pressure Wash Down System
. Additional Sweeper Manual
. Auto Lube System for Sweeper
. Remote Grease Fittings - Fan
. 2008 GMC T7500 Tier III Chassis
. Exhaust Brake
. Deleo-Remy 24-SI Alternator
. Heated Remote Moto Mirrors
. Mud Flaps - Front and Rear
. LED Taillights
. Bendix AD-9 Air Dryer
Your Source for Quality Municipal Equipment, Parts & Accessories.
2420 NE Columbia Blvd . Portland OR 97211 . 503.281.2547 . http://titansalesgroup.com
. Air System Charge Port
. (2) Air Ride Seats
. Air Filter Restriction Indicator - Chassis Engine
. Block Heater - Chassis Engine
. Spare Engine Filter Set
. Spare Accessory Drive Belt Set
. Spare Gutter Broom Set - L & R
Price, per Bid, F.O.B. Ashland, OR
$156,811.00
Delivery: Within 180 days after receipt of order.
If you have questions or need further information, please contact me at (503) 962-9882.
Thank you for the opportunity to be of service.
Best regards,
Titan Sales Group
~G~
Shane Gutridge
Equipment Sales
LANE COUNTY, OREGON
DEPARTMENT OF PUBLIC WORKS
FLEET SERVICES DIVISION
3040 DELTA HIGHWAY NORTH
EUGENE, OR 97408
(541) 682-8583
EQUIPMENT PURCHASE CONTRACT
BID SPECIFICATIONS
FOR
BID: FY07/08 FS-03
PURCHASE OF:
ONE (1), NEW, UNUSED, CURRENT- MODEL,
REGENERATIVE AIR STREET SWEEPER
WITH ONE (1) TRADE-IN
BID CLOSING DATE: TIME: 10/2/07 -10:00 a.m.
OPENING DATE: TIME: 10/2/07 -10:15 a.m.
AT: Department of Public Works - Administration Bldg.
3040 N. Delta Highway, Eugene, Or 97408
Administration Conference Room
LANE COUNTY
INVITATION FOR BID, FY07/08 FS-03
TO FURNISH AND DELIVER TO LANE COUNTY, one (1) new, unused, and current model.
re~enerative air street sweeper with separate enqines for propulsion and sweepin~, rear
dumpin~ hopper, dual operator stations, and left and ri~ht side Qutter brooms with one (1)
trade-in. Notice is hereby given that sealed bids will be received at the Office of the Department
of Public Works, 3040 N. Delta Hwy, Eugene, Oregon 97408 until:
Tuesday, October 2,2007 at 10:00 a.m.
All bids received in proper form shall be publicly opened and read aloud at
Tuesday, October 2.2007 at 10:15 a.m.
Bidder's Name, Address, Bid # and Opening Date. Shall be on the Outside of the sealed
envelope.
Bids must be made upon the bid forms bound in the contract documents and must be
accompanied by a certified/cashier's check, bid bond, or irrevocable letter of credit issued by an
insured institution 21S defined in ORS 706.008 payable to Lane County in an amount not less than
ten percent (10%) of the total amount bid.
A copy of the bid specifications and documents are on file and may be obtained for review at the
Department of Public Works, 3040 N. Delta Hwy, Eugene, Oregon 97408.
All bidders are required to comply with the provisions of ORS Ch. 279A and B, and all applicable
provisions of the Equal Employment Opportunity Act of 1972 and the Civil Rights Act of 1964, as
amended.
Lane County may reject any bid not in compliance with all prescribed public bidding procedures
and requirements, and may reject for good cause any and all bids upon finding of the agency that it
is in the public interest to do so.
Lane County may cancel the procurement or reject any or all bids when the cancellation or
rejection is in the best interest of the County, as determined by the County. In addition, the County
may cancel the procurement or reject any or all bids in accordance with ORS 279B.1 00.
Bidders must be Equal Opportunity Employers. Each bid must contain a statement as to whether
the bidder is a resident bidder, as defined in ORS 279A.120.
Contractors shall use recyclable products to the maximum extent economically feasible in the
performance of the contract work set forth in this document.
Bids should be addressed to the individual named below who is designated to receive bids:
Phillip Guyette, Fleet Services Manager
Lane County Department of Public Works
3040 N. Delta Hwy., Eugene, OR 97408
(541-682-8583)
2
A. Bid. Provisions and Conditions
1. USAGE BY COUNTY AND OTHER POLITICAL SUBDIVISIONS
The subsequent contract(s) from this bid may be used by Lane County and other
political subdivisions. Any equipment sold by the vendor(s) for such agencies shall
be ordered by, delivered to, invoiced to, and paid by the agency. Lane County shall
be held harmless for any action taken by either party in such work request or
perfol"mance.
2. COMPLETE BID MUST BE RETURNED. Bidders shall fill in box provided on the
right of specifications. Bidder shall place "X" in either "Meets Specifications" 0
Yes or 0 No. No other language will be acceptable. Failure to return a complete
bid may result in the bid being considered as non-responsive and rejected from
further consideration.
3. Any deviations to specifications not shown in the "Meets Specifications" column
must be submitted on the separate "Deviation Page."
4. If bidder does not wish to bid certain item numbers, enter "NO BID" in that section
and leave page in groper sequence.
5. The bid shall be completed and the firm name and signature of an authorized
person shall be in the space provided. All bids must be si~ned and notarized.
Equipment purchase price is to exclude federal excise tax. Federal exemption
certificates will be furnished to successful bidders.
6. Any bid may be withdrawn at any time prior to the time fixed in the public notice for
receipt of bids, by providing written request for the withdrawal of the bid to the
Department of Public Works, Fleet Services. The request shall be executed by the
bidder or a duly authorized representative. Withdrawal of a bid will not prejudice the
right of the bidder to file a new bid. A bid will not be accepted after the time as
stated in the notice to bidders (page 1). All bids shall be irrevocable for a period of
60 days from the day of opening.
7. Bidders must satisfy themselves by personal examination of the specifications and
provisions, and by such other means as they prefer, as to the actual conditions and
requirements of the specifications and provisions, and shall not at any time, after
submission of the bid, dispute, complain, or assert that there was any
misunderstanding in regard to the nature, quality or description of the equipment to
be supplied.
8. On bids that include a "guaranteed buy back" provision, Lane County will use the
pre~.ent value method of evaluating bids. The interest rate used will be the nearest
whole percentage rate currently earned on Lane County investments.
9. Protest of Process and Solicitation Document
Written bid protests shall be submitted to the Fleet Services Manager a minimum of
5 days prior to the bid opening in accordance with Lane Manual 21.105(6).
3
10. Bid Bond:
a. [Xl A surety bond, irrevocable letter of credit issued by an insured institution as
defined in ORS 706.008, cashier's check or certified check of the bidder made
payable to Lane County Department of Management Services in the amount of,
or 10% of the bid, must accompany each bid as security. The bid bond shall
bE! valid for a minimum of 60 days. Upon execution and delivery to Lane County
of the Contract and Bond by the successful bidder, the bid security shall be
returned to the bidder. Any bidder who has been awarded a contract and who
fails or neglects to promptly and properly execute the contract or performance
bond (when required) shall forfeit the bid security that accompanied the bid. The
contract and performance bond must be executed and delivered to the County
within ten (10) calendar days of the receipt by the successful bidder of the
prepared contract. If the contract and performance bond are not received by the
County within the time limits, the County, at its option, may determine that the
bidder has abandoned the bid award, in which case the bid security shall
become the sole property of Lane County, and shall be considered as liquidated
damages, and not as a penalty for failure of the bidder to execute the contract
and performance bond. The bid security of unsuccessful bidders shall be
returned to them after the successful bidder has executed and delivered the
contract and performance bond to the County.
.QI
b. [] No bid bond is required as security.
B. Contract Terms and Conditions:
1 . CONTRACTOR shall not permit any lien or claim to be filed or prosecuted against
Lane County in connection with this contract and agrees to assume responsibility
should such lien or claim be filed.
2. The contract may be cancelled by Lane County for any willful failure or refusal on
the part of CONTRACTOR to faithfully perform the contract according to its
terms. See the contract for any additional cancellation provisions.
3. INDEMNITY. CONTRACTOR agrees to indemnify, defend and hold Lane County,
its Commissioners, agents, officers and employees harmless from all damages,
lossl~s and expenses including but not limited to attorney fees and to defend all
claims, proceedings, lawsuits and judgments arising out of or resulting from the
CONTRACTOR'S performance or failure to perform this contract.
4. This purchase is subject to applicable standard public contract provisions of the
Oreqon Revised Statutes-ORS 279A and B, Lane Manual Chapter 21, and all of the
attached bid proposal documents provisions and specifications. Together with the
contract, they shall constitute the contract package.
The County will purchase materials and supplies manufactured from recycled
materials, if the recycled product is available, meets the applicable standards, can
be substituted for a comparable non-recycled product and does not exceed the cost
of the non-recycled product by more then five (5) percent (ORS 279A.125). The
County reserves the right to make such a purchase even if the cost difference
4
exceeds five (5) percent.
5. Performance Bond:
a. [] The successful bidder shall be required to guarantees the performance of this
contract by a "Faithful Performance" Surety Bond in the sum of $100,000 or
% of the contract bid. The performance bond shall be received and accepted by the
County prior to the commencement of any performance by the CONTRACTOR, and
the existence of a contract shall be subject to the receipt and acceptance by the
COUNTY of an acceptable bond.
QI
b. [Xli Performance bond is not required as security.
C. Award and IExecution of Contract:
1. Award of Bid may be based upon bid of individual items or upon bid of a
combination of items, at the discretion of Lane County.
2. The bidder's proposal for the items to be furnished shall be submitted with the
knowledge on the part of the bidder that the delivery or furnishing of the items
cannot commence until a contract is duly and properly executed.
3. In the event more than sixty (60) days elapse between the date on which the
proposal is opened and the date on which the contract is prepared, readied for
execution, and submitted to the bidder, consideration will be given by Lane County
to the granting of an extension of time to the bidder for fulfillment of the contract to
offset any delay in the contract actually occasioned by said lapse of more than sixty
(60) days.
4. Protest of Award
A written protest of bid award must be filed with the County Administrator within ten
(10) days of the notice of award (date on letter of award notification). Protests of
award shall be handled in accordance with Lane Manual 21.105(13).
D. Reiection or Acceptance of Bids:
1. Lane County may reject any bid not in compliance with all prescribed public bidding
procedures and requirements, and may reject for any and all bids upon a finding of
the agency that it is in the public interest to do so or when the County determines it
is in the best interests of the County to do so. In addition, the County may cancel
the procurement or reject any or all bids in accordance with ORS 279B.1 00
2. Bids may be rejected if they show any alteration of form, additions not called for,
conditional bids, incomplete bids, erasures, or irregularities of any kind.
3. Any or all bids may be rejected for good cause upon a finding that it is in the public
interest to do so.
4. Bids shall be reiected if they are not siQned and notarized.
5
5. Bids shall be signed by an agent of the corporation or partnership who is authorized
to commit the firm to its bid obligations. If the agent is other than a corporate officer,
partn1ar, or branch manager, a letter of authority or "Power of Attorney" shall
accompany the bid, or the bid may be rejected.
6. If, in the opinion of County, the bidder's submitted delivery date is such that it will
inconvenience or cause hardship to the County, the County may, at its discretion,
rejeC't the bid.
E. Disqualification of Bidders:
1. More than one bid from an individual, firm, partnership, corporation, or combination
there:of with an interest in more than one bid, will be cause for the rejection of all
bids in which such individual, firm, partnership, corporation, or combination thereof,
has an interest.
2. If there is reason to believe that collusion exists among bidders, none of the bids of
the participants in such collusion will be considered, all involved bids shall be
rejected. Bids in which prices are obviously unbalanced may be rejected.
F. Amount of the Contract:
The amount of the contract will be understood to be the total sum of the amounts computed
from the items or quantities and the unit price(s) as given in the bid. Where prices are
given on alternative items, or quantities, only the amounts of the alternates accepted by
Lane County will be included in the total amount of the contract.
G. Payment:
Payment will be made on the unit(s) delivered as called for in the specifications based upon
the amount per each unit or the total amount stated in the proposal. Payment will be duly
processed upon receipt of invoice and paid on a twice-monthly basis, normally within thirty
(30) days of receipt of the invoice.
H. Delivery:
1. The unit( s) to be furnished under the contract shall be delivered in its entirety per
the delivery date stated in the bid, including penalty clauses as stipulated in the bid
specifications and equipment contract; however, the County may, at its discretion,
extl~nd the time for the completion of the contract without invalidating any of the
provisions of the contract.
2. Each unit is to be delivered in first class operating condition with acceptance subject
to fLEET SERVICES inspection and approval. Delivery shall be as set forth in the
Specifications.
3. Each unit shall be completely serviced and lubricated at time of delivery, in
accordance with factory service specifications.
4. Each unit shall be properly cleaned, washed, and all stickers, markings, and
protective coatings removed.
6
5. Each unit shall be delivered with separate invoices, registration and warranty
papers, predelivery inspection sheet, and owner's manual. In any case where a unit
is delivered minus any part, item, or accessory issued as standard manufacturer's
equipment, and/or specified by Lane County, the vendor will be immediately notified.
If the missing part, item, or accessory is not provided and installed within seven (7)
days, Lane County reserves the right to buy the item or part from another source
and bill the vendor for the cost, including installation.
I. Warranty and/or Service Policy:
1. [1 The bidder shall furnish a standard manufacturer's warranty and/or service policy
and the work will be done by any regular authorized manufacturer's dealer.
or
[ Xl The warranty and/or service policy shall be in accordance with and as called for in
the specifications.
,J. General Specifications:
1. The 'item described herein shall be furnished in accordance with the specifications
attached hereto as a part of the request for bid.
2. In case of conflict between the specifications and the general provisions, the
specifications shall take precedence over and will be used in lieu of such conflicting
portions of the general provisions.
3. Silence of specifications: The apparent silence of these specifications and
supplemental specifications as to any detail or the apparent omission from it of a
detailed description concerning any point shall be regarded as meaning that only
best commercial practice is to prevail and that only material and workmanship of
first quality are to be used.
4. All bidders must be an "equal opportunity employer" willing to comply with all
applicable provisions of the Civil Rights Act of 1964, as amended by the Equal
Opportunity Act of 1972 (see 42 USCA 2000), all regulations thereunder (see 41
CFR Parts 60 and 60-1), Executive Orders 11246 and 11375 and all Oregon
statutes and regulations regarding employment.
5. It shall be expected that suppliers shall furnish unit(s) conforming in all respects with
the specifications. When a brand or trade name is used it is understood to be
used only to establish the quality standard desired. Quotations for equivalent
articles are identified as to Manufacturer's Name, Trade name, Make and
Model, and Catalog Number on the quotation request form.
6. Heavy-duty, as applied to these specifications, means that the item to which the
term is applied shall exceed the usual quantity, quality, or capacity supplied with
standard production equipment.
7. All federal safety and pollution regulations and State of Oregon Revised Statutes
pertaining to equipment construction. compulsory safety equipment and OSHA
7
regulations form a part of these specifications.
8. Equipment shall be new (unused), current models of standard production and shall
be completely prepared for customer delivery through service bya factory-
franchised dealer prior to delivery. A new equipment predelivery inspection and
service sheet, properly completed and signed by the service manager of the seller,
shall be furnished with each unit. Each unit shall include all inspection coupons,
certificates, or warranty identification cards furnished to the trade in general in
accordance with standard warranty policy.
Said warranty shall be honored by all franchised dealers of that make in the state.
Said warranty maintenance required, when performed by the Lane County
preventative maintenance program, shall be acceptable to the dealer when it meets
or exceeds dealer's certification requirements.
9. Evidence of such preventive maintenance shall be furnished by Lane County upon
request, as required by the manufacturer. Any extended warranty period
customarily granted shall be made available to Lane County at no additional cost.
10. There shall be no distance or time limitations, not applicable to the trade in general,
on either standard or extended warranty and labor.
11. All equipment and accessories offered against these specifications shall be of
identical style, quality and appointments as those offered to the trade in general
during the course of the model year.
12. Any and all equipment designed to operate on public roads shall be accompanied
by a "MANUFACTURER'S STATEMENT OF ORIGIN" at time of DELIVERY. If
necessary statement does not accompany equipment at time of delivery, delivery
will be refused until such MANUFACTURER'S STATEMENT OF ORIGIN is
provided.
INDEPENDENT CONTRACTOR STATUS. The performance of this contract is at
CONTRACTOR'S sole risk. The service or services to be rendered under this contract are those of
an independent contractor who is not an officer, employee or agent of the County as those terms
are used in ORS 30.265. CONTRACTOR is solely liable for any Workers' Compensation coverage
under this contract.
All subject employms working under the contract are either employers that will comply with ORS
656.017 or employers that are exempt under ORS 656.126.
8
SPECIAL TERMS AND CONDITIONS
Statements concerning price escalation, renewal, contract execution, estimated quantities, product
performance;shiPping,returns,acceptancefrejedion and special coordination are included in this
section.
F AMILlARIZA TION
Bidders may familiarize themselves with the requirements by contacting:
Phillip Guyette ,Phone: (541) 682-8583
LANE COUNTY COORDINATION
The CONTRJI,CTOR shall be required to coordinate all delivery and installation
with Phillip Guyette Phone: (541) 682-8583.
CONTRACT EXECUTION
The CONTRACTOR shall be required to return the signed contract, and required
attachments such as a performance surety (if required) within ten (10) days after issuance
by Lane County. No liability shall be incurred by Lane County until the CONTRACTOR
receives an executed copy of the contract.
9
SPECIFICA TlONS
FOR
BID
10
THE FOLLOWING FORMS MUST BE RETURNED IN ORDER TO QUALIFY THE BID FOR
CONSIDERATION.
BID PAGE: Siqned and Notarized.
BIDDER'S RESPONSE: Answer any questions and submit any additional information desired
including alternatives. Alternatives mayor may not be taken into consideration depending on the
specification requirements.
DEVIATION PAGE: Any deviation to the bid package should be addressed in
this section. A blank deviation page is understood to
mean FULL ACCEPTANCE of the bid package as written.
BID SECURITY: Bid security may be required. See page~. The
attached form may be used when the bidder is unable to
obtain a standard surety bond.
SPECIAL INSTRUCTIONS TO BIDDERS: List five (5) references of customers who have
previously purchased the equipment you are bidding.
THE FOLLOWING MAY BE REQUIRED, AS STIPULATED IN THE BID, WHEN THE
CONTRACT IS SIGNED AND RETURNED TO THE COUNTY.
nfa PERFORMANCE BOND: The attached form may be used when the bidder is unable to
obtain a standard performance bond.
11
REGENERATIVE AIR STREET SWEEPER
Minimum Specifications
It is the intention of Lane County to purchase one (1) new, unused and current model regenerative
air street sweeper with separate engines for propulsion and sweeping, rear dumping hopper, dual
operator stations, and left and right side gutter brooms.
A. General
General Specifications
Meets Specifications
I.
1.
One (1) new, unused and current model regenerative
air street sweeper with separate engines for
propulsion and sweeping, rear dumping hopper, dual
operator stations, and left and right gutter brooms
shall be furnished and delivered. kl Yes
DNo
2.
All equipment furnished shall be the manufacturer's
latest model now in production and shall conform to
the best practices known to the automotive trade in
strength, quality of material and workmanship, and
shall be subject to these specifications in full. IX] Yes
DNo
3.
All ratings shall be certified by the manufacturer to
be as stated according to test procedures designated
by the S.A.E. or the appropriate agencies and shall
at minimum be equal to the requirements and
conditions specified herein. Evidence of compliance
with the requirements of these specifications shall be
based on manufacturers data sheets and data sheets
of the component parts manufacturer published prior
to the issuance of these specifications. In case of
conflict between the latter, data sheets of the
component parts manufacturer shall take precedence.lli] Yes
DNo
4.
The unit furnished to meet these specifications,
including all equipment and accessories, shall
comply with the requirements of Oregon Vehicle
Code, current Federal motor vehicle safety
standards, current Oregon State Division of
Industrial Safety Orders and O.S.H.A. [] Yes
DNo
5.
The manufacturers furnishing the mechanisms
described in these specifications shall be
experienced in design and construction of such
equipment and may be required to furnish
evidence of having supplied similar equipment
which has been in successful operation for a
period of not less than two years. [] Yes
DNo
12
B. Warrai!l!Y
The manufacturer or successful bidder shall furnish a
1-yearor 1,500 hour (from equipment in-service date),
100% labor. and parts warranty covering the entire
equipment unit. Warranty shall include towing. :KJ Yes DNo
C. Each bidder shall attach to their proposal and make a part
thereof, such data as are necessary to show the
dimensions, arrangement, type and material of the
component parts, as well all other pertinent data
necessary for a complete understanding and evaluation
of their bid. KJ Yes DNo
D. Service and Parts Manuals
The vendor shall furnish to Lane County Fleet Services,
one (1) set each of service/overhaul manuals, detailed
parts books, and two (2) operating manuals covering
all components. KJ Yes DNo
E. Deliv,gry
1. Lane County desires to take delivery of this
equipment as soon as possible, but in any case,
not more than 180-days from contract execution. [] Yes DNo
2. Equipment shall be delivered to 3040 N. Delta
Hwy., Eugene, OR, 97408. :[] Yes DNo
F. Manufacturers Certificate of Oriqin
The Manufacturer's Certificate of Origin (MCO) shall be
delivered with the equipment. Invoices will not be
processed for payment prior to receipt of ownership
documents. KJ Yes DNo
G. Information and/or Questions
Bidders shall contact Phillip Guyette regarding information
or questions on these specifications; phone (541) 682-8583,
FAX (541) 682-8585, e-mail phil.guvette@co.lane.or.us. :[] Yes
DNa
II. Truck Cab & Chassis
A. CaQ
1. Shall be low cab forward configuration (cab-over-
engine), with street-side and curb-side operator
stations. The operator station on the curb-side of
the vehicle shall include a gauge package consisting
13
2.
of a speedometer, dual air pressure gauges, water
temperature gauge, parking brake light, high-
beam indicator light, and turn signal lights. All
chassis controls (e.g. shift linkage, parking brake
control, ignition switch, etc.).shall be equally
accessible to the operator in either operating
position. [X] Yes
80th steering columns shall be fully independent
and shall include separate steering gear boxes,
drag links and pitman arms. [Xl Yes
3. Forward line of sight from the chassis front bumper
to a point on the ground visible to the operator shall x Yes
not exceed 8' for an SAE 98th percentile size
operator.
4.
[Xl Yes
All windows shall be tinted safety glass.
5.
Driver and passenger seats shall have air ride
suspension, be covered with cloth for air
circulation and be equipped with 3-point seat belts. [Xl Yes
6.
A fresh air heater and defroster with O.E.M. indash
air conditioning unit shall be installed. Unit shall have
adjustable temperature control and minimum 3 speed
fan. Air conditioning and heating system shall be
capable of maintaining 70 degree Fahrenheit in
ambient temperatures from -20 degrees Fahrenheit
to 100 degrees Fahrenheit. Roof mounted air
conditioning systems are not acceptable. [Z] Yes
7.
The street-side operator station instrument panel
shall have all necessary gauges grouped in clear
view of the driver; to include fuel gauge, engine oil
pressure gauge, engine coolant temperature gauge,
engine hour-meter, voltmeter, speedometer, and
electronic tachometer. In addition to the gauges,
there shall be high engine coolant temperature and
low engine oil pressure warning lights. [Z] Yes
8.
All switches and controls shall be illuminated for night
operation and positioned within easy reach of the
operator when operating from either operator
station. [Xl Yes
9.
The speedometer shall be calibrated to compensate
for axle ratio and tire size. [XJ Yes
DNa
DNo
DNo
DNo
DNo
DNo
DNa
DNa
14
10. Cab shall be fully insulated, including firewall for
minimum noise level. [Xl Yes DNa
11. There shall be two (2) electrically powered, bottom
mounted windshield wipers with wet arm washer
arrangement. Wiper motor shall be multi-speed
with intermittent feature. [Xl Yes DNa
12. Armrests shall be installed on both doors. [Xl Yes DNa
13. Mirrors shall be heated 7" x 16" Mota-Mirror, with
six-way power adjustment. Mirror brackets shall
fold when struck. [Xl Yes DNo
14. The fuel tank capacity shall be sufficient to operate
the sweeper and chassis engines not less than
8.0 hours under all operating conditions. [R] Yes DNo
15. Mud flaps shall be installed at each wheel position. [X] Yes DNo
16. Fenders or fender flares shall extend not less than
1-1/2" beyond the tires. [Xl Yes DNo
17. A factory installed AM/FM stereo radio with 2
speakers shall be provided. [X] Yes DNo
B. Pairl!
1. Cab, fenders and hood shall be white. [Xl Yes DNo
2. Chassis shall be non-reflective black. [X] Yes DNo
3. All other components shall be standard production
color and finish. [X] Yes DNo
4. All paint shall be lead-free. [Xl Yes DNa
,
C. TirE~
1. Shall be 11 R22. 5, Michelin XZY2 or County
approved equal. [X] Yes DNo
2. The rear axle shall be equipped with dual
rear wheels and tires. [Xl Yes DNo
3. All tires and wheels shall be balanced after
mounting. [Xl Yes ONe
15
D. Whee'j~
1. Shall be 8:25" x 22.5", heavy-duty disc type, two
handhold, with 10-hale hub piloted mounting. [Xl Yes DNo
2. Shall be painted white. [}9 Yes DNa
E. Brake~
1. Brakes shall be air activated, four channel anti-lock
type with 4-sensors and 4-modulators. lliI Yes DNa
2. Brake lining materials shall be asbestos-free. lliI Yes DNo
3. There shall be dust shields with inspection ports on
all brake drums. [XJ Yes DNa
4. The parking brake shall comply with FMVSS 121. [R) Yes DNo
5. Air reservoirs shall be equipped with automatic drain
valves or manual drain cocks which can easily be
reached by the operator (lanyards to be remotely
mounted if necessary). The drain cocks shall point
toward the center of the truck. lil Yes DNo
6. A valve stem air charging port shall be provided
to release the air brakes by an external source. [Xl Yes DNa
7. The air compressor output shall be not less than
12.9 cubic feet per minute. lil Yes DNa
8. The air brake system shall include a heated
air dryer with an automatic moisture ejector. IKI Yes DNa
9. The brake drums shall be quick-change type. IX] Yes DNa
F. Front Axle and Sprinqs
1. The front axle and all related components shall be
rated at not less than 12,000 pounds. IX] Yes DNa
2. The steering shall be hydraulic power-assisted
type with dual steering gear boxes, drag links DNo
and pitman arms. 1KI Yes
3. Heavy-duty, shock absorbers shall be installed at
each wheel position. [J Yes DNa
16
G. Rear I~xle and Suspension
1. The rear axle shall be two-speed, with a rated
capacity meeting the sweeper manufacturers
requirements (minimum 21,000 pounds). Ol Yes DNo
2. Axle wheel seals shall be Chicago Rawhide
Scot-Seal Plus XL. ~Yes DNo
3. The axle and transmission gear ratios shall permit
sweeping speeds meeting manufacturers
recommendations, and be capable of travel
speeds of 65 mph. ~Yes DNa
4. The rear suspension shall be rated at not less than
21,000 lbs. og Yes DNa
5. If equipped with air suspension, the air bags shall
automatically deflate when dumping the debris
hopper. (Not air bag equipped). DYes DNa
H. Frame
1. The frame RBM shall meet or exceed the sweeper
manufacturers requirements. [Xl Yes DNa
2. The wheelbase shall not exceed 155". rn Yes DNa
3. Frame mounted tow hooks shall be attached to the
front of each frame rail. !]I Yes DNa
I. Enqine
1. The engine shall be water-cooled, electronically
controlled diesel-fueled, turbocharged, four-stroke,
with a minimum 7.0 liter displacement. [Xl Yes DNa
2. The engine shall develop not less than 200
horsepower @2,300 RPM and develop not less
than 520 gross Ib/ft torque @ 1,6000 RPM. rn Yes DNa
3. The engine filters shall be spin-on type, provide
full protection, and be sized for 'severe service duty'.
The filters shall include the following: [R] Yes DNa
a) Fuel filter with water separator [Xl Yes DNa
b) Oil filter [R] Yes DNa
17
c)
Dry type Donaldson air cleaner with
replaceable filter and in-cab dash mounted
restriction indicator 51 Yes
DNa
4.
The cooling system for the engine shall provide proper
cooling within an ambient temperature range from -30
degrees Fahrenheit to +120 degrees Fahrenheit. []I Yes
DNo
5. A radiator mounted sight-glass or translucent
coolant recovery tank shall be provided for
monitoring coolant level. Gl Yes DNo
6. The cooling system shall be protected from
freezing to -30 degrees Fahrenheit. QYes DNa
7. The exhaust pipe shall be vertically mounted on
the curb side. Chrome plated screen type heat
shields shall be installed over areas where
personnel entering and exiting the cab could be
burned. A zinc coated exhaust rain cap shall be
installed on the exhaust stack. DYes [] No
8. A 1,000 watt, 11 O-volt AC thermostatically controlled
block heater shall be provided. 51 Yes DNa
9. Shall be equipped with an air intake pre-heater
or glow plugs for cold weather starting. []J Yes DNa
10. Shall be equipped with an auto shut-down system
for low oil pressure and high coolant temperature. I]g Yes DNa
11. Engine shall be equipped with an exhaust brake. []J Yes DNa
J. Transmission
1. Shall be Allison 2500 RDS 5-speed automatic. [] Yes DNa
2. Shall be equipped with an external water-to-oil
cooler and spin-on filter. [] Yes DNa
3. Shall be equipped with a magnetic drain plug. ~Yes DNa
K. Chassis Electrical System
1. Alternator shall be Deleo Remy 12V,130 amp 24-SI.IX] Yes DNo
2. Chassis shall be equipped with two (2). 12-volt
maintenance free batteries, rated at not less than
1300 CeA. r:] Yes DNo
18
3.
Headlights shall have halogen bulbs. I!l Yes
DNa
4.
Rear tail, turn and backup lamps shall be rubber
mounted Grote orTruck-Lite LED type with a
minimum of 24-diodes per lamp. IX] Yes
DNa
5.
One (1) Superior Signals model SY81 OLEO
arrow board shall be installed on the rear of the
sweeper body. IX] Yes
DNa
6.
Two (2) Star Warning Systems model 9200H-WY
warning strobe lights shall be installed on the truck
cab roof. OCJ Yes
DNa
III. Sweeper Bc!9y
A. General
B.
C.
1.
Shall be rear dump, minimum 8.0 cubic yard
volumetric capacity regenerative air sweeper
with dual side-brooms.
[J Yes
DNa
2.
An automatic lubrication system that provides
appropriately timed grease application to all
greasable points shall be provided for the sweeper. [] Yes
DNa
Dimensions (With Sweeper Body Mounted)
1. Overall length shall not exceed 255". KJ Yes DNa
2. Overall height shall not exceed 120". KJ Yes DNa
3. Overall width shall not exceed 96". KJ Yes DNa
4. Turning radius shall not exceed 21' 6". KJ Yes DNa
Sweeper Enqine
1. Shall be water or air/oil cooled, diesel-fueled,
four-stroke, minimum 275 C.I.D. KJ Yes DNa
2. Shall be rated at not less than 115 horsepower
@ 2500 RPM. KJ Yes DNa
3. Shall be equipped with spin-on type lubrication filters,
sized for 'severe-service duty' and include the following:
a. fuel filter with water separator [] Yes DNa
b. oil filter kJ Yes DNa
19
c. two-stage, dry type air intake pre-cleaner
with spinner. A reset type restriction
indicator shall be installed on the air filter
housing ~Yes DNo
4. Shall be monitored by coolant temperature, oil
pressure, and charging system voltage gauges. []] Yes DNo
5. An automatic engine shutdown system for high
coolant temperature and low oil pressure shall
be provided. [Xl Yes DNo
D. Hvdraulic System
1. Reservoir capacity shall be not less than 23-gallons
and be equipped with an oil-level sight gauge. [Xl Yes DNo
2. The system shall be equipped with one (1)
100-mesh suction strainer and one (1)
10-micron absolute return filter. [Xl Yes DNo
3. The auxiliary engine shall power all sweeper
hydraulic functions. [Xl Yes DNo
4. The hydraulic system shall be equipped with a
hydraulic filter restriction gauge that is mounted
directly to the filter head to indicate the condition
of the hydraulic filter. @Yes DNo
5. The hydraulic pump shall be gear driven. Belt
or PTO driven systems are not acceptable. [Xl Yes DNo
6. An electric/hydraulic auxiliary pump shall be
supplied to allow raising and lowering the
hopper without running the auxiliary engine. [Xl Yes DNo
E. Blower
1. The blower shall be rated at not less than
20,000 CFM. [Xl Yes DNo
2. The blower housing shall be fabricated from
abrasion resistant steel and lined with a
replaceable liner. [Xl Yes DNa
3. The blower bearings shall be greasable. !Kl Yes DNa
20
F Pickup Head
1, The pickup head shall be all steel construction, of
sufficient gauge to perform its designed function. lXJ Yes DNa
2. Head width shall be not less than 90". IX] Yes DNo
3. All pressure and suction hoses shall be wire
reinforced rubber. lX]Yes DNa
4. The suction hose shall be not less than 12" in
diameter. [] Yes DNa
5. The pressure hose shall be not less than 14"
in diameter. o Yes DNa
6. Sweeping path shall be not less than 90"
with the gutter brooms raised. o Yes DNa
7. Sweeping path shall be not less than 142"
with the gutter brooms lowered. k1 Yes DNa
8. The pickup head shall be equipped with carbide
drag shoes. K]Yes DNa
E. Side Brooms
1.
Each side broom shall be driven by a hydraulic motor
directly mounted to the broom disc plate. Vertical
digger type trailing arm design side brooms preferred
but not required. KI Yes
Side broom diameter shall be not less than 42". [] Yes
DNa
DNa
2.
3.
Brooms shall be hydraulically or pneumatically
raised and lowered by the operator. KI Yes
DNa
4.
Suspension and pressure control shall be hydraulic
or pneumatic and maintain a set pattern throughout
the broom life without input from the operator.
Arms shall be independently operated to maintain
a set pattern over all surfaces without the use of
shocks, springs, or linkages. [] Yes
DNa
5.
Broom shall consist of four (4) or five (5) segments,
filled with tempered steel wire bristles. [] Yes
DNo
6.
Each broom shall have a spotlight for night
operation.
[] Yes
DNo
21
7. Both side brooms shall be self-adjusting or have
in-cab down pressure controls that are adjustable
from the operator station. [X] Yes DNo
8. Both side brooms shall be equipped with tilt
capability, remotely controlled from the cab
console. 00 Yes DNa
F. !:::\.QQQ e r
1. The net usable capacity of the hopper shall be
not less than 7.0 cubic yards. 00 Yes DNa
2. Contents of the hopper shall be discharged to
the rear of the vehicle. The hoppertilt angle when
dumping shall be not less than 50 degrees. [R] Yes DNo
3. The rear hopper door shall be equipped with an
internal door prop for operator safety. [XJ Yes DNo
4. The interior of the hopper shall be lined or coated
to protect against corrosion and excessive wear. !Xl Yes DNo
5. An inspection door, minimum 15"x32", shall be
installed on the curb-side of the hopper. IX! Yes DNo
6. A hopper drain system shall be provided. [K] Yes DNo
7. A hopper deluge system with high volume
nozzles that attach to a fire hydrant for flushing
the hopper shall be furnished. The system
shall include quick disconnect fittings on
the nozzle and filler hose. [K] Yes DNo
G. Dust Separator
1. A dust separator shall be installed inside the
hopper to remove airborne dust. The dust
separator shall be designed to not plug with
normally encountered debris. [R] Yes DNo
2. A c1eanout door that opens automatically when
the hopper is raised shall be provided to permit DNa
inspection without entering the hopper. [K] Yes
H. Water Spray System
1. Tank capacity shall be not less than 380 gallons. IX) Yes DNo
2. Tank shall be constructed of polyethylene. (R] Yes DNa
22
3. A 2" diameter water tank level gauge shall installed
in the truck cab. [] Yes DNo
4~ Water supply shall be provided by a heavy~duty
industrial pump. Pump shall be self priming and
capable or running dry without damage. ~Yes DNa
5. Tank shall be equipped with an anti-siphon device
compliant to American National Standard Air gaps
in plumbing systems ASME A 112.12-1991. ~Yes DNa
6. Spray nozzles shall be provided at each
side broom, inside the hopper, and inside
the pickup head. ~Yes DNa
7. An 80 mesh filter on suction line shall be provided
with the fill hose to prevent contaminants from
entering the water tank. [Xj Yes DNo
8. An air purge system, using air supplied by the
chassis, shall be provided to all purge water from
the water spray system for freeze prevention. lliI Yes DNo
\. Comrols
1. All sweeper controls shall be mounted on a fixed
console located between the left and right
operator stations. [RI Yes DNo
2. The controls shall include all sweep, spray water,
and lighting functions. [XJ Yes DNa
3. All switches shall be rocker type, backlit for night
operation and permanently engraved indicating
switch functions. [RI Yes DNo
4. Auxiliary engine controls and gauges shall be
mounted on a console located between the left
and right operator stations. IXl Yes DNa
5. The sweeper shall be equipped with a single-
switch operated 'return-to-sweep' feature. [Xl Yes DNa
J. Paint
1. The sweeper body shall be painted white. [Rl Yes DNo
2. All paint shall be lead free. [Xl Yes DNo
23
K. Hand Hose Equipment
1. An auxiliary hand hose for cleaning remote
areas inaccessible to the sweeping head
and for cleaning out catch basins shall
be provided. G1 Yes DNa
2. The hand hose shall be 8" in diameter,
12' in length, and be equipped with a
52" long collection nozzle [Xl Yes DNa
L. Wash Down System
1. A high pressure pump with a 24" hand lance
and 30' of hose shall be provided on the curb
side of the sweeper. [Xl Yes DNa
2. The system shall deliver a minimum of 4.2 GPM
@ 1500 PSI. [Xl Yes DNa
3. The hose shall have an attached spray wand
with and on/off trigger and two (2) nozzle
settings for wide or fine spray, and a quick
disconnect. [Xl Yes DNa
IV. Spare Service Parts
The following items shall be supplied with the street sweeper
at delivery:
1. One (1) complete set of engine filters for the
chassis and sweeper engines. [Xl Yes DNa
2. One (1) complete set of accessory drive
belts for the chassis and sweeper engines. [Xl Yes DNa
3. One (1) left and one (1) right side gutter
. broom, including all fasteners shall be DNa
supplied. [Xl Yes
V. Trade In:
Lane County intends to trade-in One (1) 1997 Schwarze A7000
Regenerative Air Sweeper, Lane County Asset #97-654. Lane [Xl Yes DNa
County, at its option, may retain or trade-in this equipment unit.
24
Page 18 Item 1.7.
DEVIATIONS
Vertical exhaust pipe is located on the street
side rather than on the curb side as specified.
25
BID PROPOSAL
REGENERATIVEAIRSTREET SWEEPER
TOTAL BID
1.
SchWarZE?
Make
A7000
Model
$156,811.00
2. Trade-in:
ASSET#
SERIAL#
TRADE-IN BID
97654
4VE2AKFD3VR476869
$ 15,000.00
26
SPECIAL INSTRUCTIONS TO BIDDERS
It is the intent of Lanl:;! County to purchase one (1), new, unused and current model, street
sweeper, with one or two (1 or 2) trade ins. The County reserves the right to select equipment to
be traded. If the tracie-in value is below present market value, or if the unit(s) is deemed to be
more valuable to the County, then the County may choose to purchase one or more street sweeper
without any trade in.
REFERENCES - Please list five public agencies, which have owned or operated a similar model
to those in vendor's bid for the last three to five years.
1. Agency city of Gresham
Address 1: 333 NW Eastman Parkway
Gresham, OR 97030
Contact Person Vance Hardy
Telephone 503-618-2626
2. Agency City of Medford
Address 821 N Columbia Ave.
Medford, OR 97501
Contact Person Rein Forsyth
Telephone 541 - 77 4- 260 2
3. Agency City of Redmond
Address 875 SE Vetrans Way
Redmond. OR 97756
Contact Person Arl pnp 'l'homrl~
Telephone '141-'104-7018
4. Agency City of Salem
Address 1455 22nd SL SE
Salem, OR 97302
Contact Person Floyd Noel
Telephone 503-588-6313
5. Agency Lane County
Address 3040 N Delta Highway
Eugene, OR 97408
Contact Person Phil Guyette
Telephone 541-682-8583
27
The undersigned, as bidder, declares that bidder has carefully examined the Specifications and
that bidder proposes and agrees, if the proposal is accepted, that bidder will contract with the
Board of Commissioners of Lane County to furnish the item as specified in the manner and the
time therein prescribl3d and according to all the requirements set forth.
A bidder may withdraw the bid at any time prior to the day of the opening. However, all bids
shall be irrevocable for a period of ~ days from the day of the opening. The bidder
represents that the bid is made without connection with any person, firm or corporation making
a bid for the same materials, and is in all respects fair and without collusion.
I am x...., am not -1 an Oregon resident bidder, as defined in ORS 279A.120.
Tit~n S~les Group
Firm Name (print or type)
2420 NE Columbia Blvd
Portland, OR 97211
Address
Signature
800-944-3360
Telephone
General Manager
Title
q /2'0/01
Date
Subscribed and sworn to before me this J f. day of Se.\it.m'fr.~ , 2007
.-.~- {""1 ~I' .~\ ~
~,~l.c cA \[l_e./L
Notary Publl~
\.-Co..., (~\ 4'&L \ ,
My Commissiori Expires
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BID BOND
KNOW All MEN BY THESE PRESENTS, that we, the undersigned,
As PRINCIPAL, and . as
SURETY, are hereby held and firmly bound unto Lane County as (OWNER) in the penal sum
of
($ ) for the payment which, and truly to be made, we hereby jointly and
severally bind ourselves, our heirs, executors, administrator, successors and assigns.
The condition of the above obligation is such that whereas the PRINCIPAL has submitted to
(OWNER) a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in
writing, for the
NOW, THEREFORE,
(a) If said bid shall be rejected, or in the alternate,
(b) If said bid shall be accepted and the PRINCIPAL shall execute and deliver a contract in the
Form of Contract attached hereto (properly completed in accordance with said Bid) and
shall furnish bonds for his/her faithful performance of said contract, and for the payment of
all persons performing labor or furnishing materials in connection therewith, and shall in all
other respects perform the agreement created by the acceptance of said Bid, then this
obligation shall be void, otherwise the (same) shall remain in force and effect; it being
expressly understood and agreed that the liability of the SURETY for any and all claims
hereunder shall in no event, exceed the penal amount of this obligation as herein stated.
The SURETY, for value received, hereby stipulates and agrees that the obligations of said
SURETY and its bond shall be in no way impaired or affected by any extension of the time within
which the OWNER may accept such BID, and said SURETY does hereby waive notice of any such
extension.
IN WITNESS WHEREOF, the PRINCIPAL and the SURETY have hereunto set their hands and
seals and such of them as are corporations have caused their seals to be affixed and these
presents to be signed by their proper officers, the day and year first set forth below.
PRINCIPAL
SURETY
BY
DATE
BY
DATE
29
(2~
<<.
~ 6.
~ COUNty
eQUIPMeNT PUflrCHASE CONTRACT
1.
2. The apPlicable provisIOns of
provisions for pUblic ~
3.
....... \..
4.
. processed upon receipt of invoice. Payment shall
within thirty (30) days of receipt of the invoice.
.,,;.:"'
5.
ONto ." ..tO~shall not permit any lien or claimto be filed or pro$~ted ag~inst
'.' UN'J'Y in COi'Inection with this contract and agrees to assum~ne$pOn$il:)i1ity should
Wan or claim be filed. CONrAACTO~ is an independent COhtraetor and shall be
esponsjple for any and all taxes or Workers' Compensation payments duess a result of
this contract. Arty Subcontractors hired by CONTRACTOR shall be silTiilar1y responsible.
7.
The contract may be canceled by COUNTY for any willful failure or refusal an the part of
CONiAACT6~ to faithfully perform the contract according to its terms.
INDEMNITY. CONrr*CTOR agrees to indemnify, defend and hold Lane County, its
CommiS$loners, agents, officers and employees harmless and deJendal1 damages,
losses and expenses included but not limited to attorney's fees and to defend all claims,
procee<tings,law$uits and Judgments arising out of or resulting from the fault of the
CONtRACTOR, the CONTRACTOR'S agents, representatives or subcontractors, in the
performance of or failure to perform this contract.
8.
By execution of this contract, CONTRACTO" certifies under penalty of pe~ury that
a. To the best of CONTRACTOR'S knowledge, CONTRACTOR is not in violation of
any tax laws describe,d in ORS 305.380(4); and
b. CONTRACTOR has not discriminated against minority, women or small business
enterprises in obtaining any required subcontract.
9. i'he contraetot shall:
a. Ma~ep'ayment promptly, as due, to all persons supplying to thecootractor labor
orrnatetfal for the performance of the work ~ee tor In the oonttllct.
,.
b.
c.
Pay all contributions or amounts due the Industrial Aeoldent Fund from
the oontraCitor or subcontractor incurred in the performance of the
conlr-att.
Not permit any lien or claim to be filed or proseouttdagI;l1F\$t the. state or .., .~.
a county, school district, municipality, m. "n~;p.1 corpora. lion or .".bdl.... v~lst........ ~_
thereof, on account of any labor or material furnished. . ..... ~
d. ~~a~~ ~~sD;f:~~7~nt of Revenue all sums withheld .~. m.....,...........m~
The contractor Shall promptly, as due: lto~
10.
a.
O/l or COrporation
b.
11.
,,~,
day of
t
G <:> pany Name
LANE COUNTY, OREGON
By
William A. Van Vactor
County Administrator
Date
Signature
Please Print or Type Name
Title
Sodal Secudty or Business ID No.
APPROVIfO AS TO FORM
Date Lane County
Date:
Office of Legal Counsel
Telephone No.
(Rev. 5/07)
2
. .
S'f AND:.BD PROVISIONS
21.130 Sta:n4a..(l()mt.........ions.
The following standard PUb.h.c contract c1im.ses shall be included expressly or by reference w. h... e~'., ......
appropriate in every contraCt of the County. . . . .. . .
contr.c'.~;\a~o~~..~..c.t.a~.~. ..Sa.h.I...3.'i~ r m.th":,pr.~: :':'..n ~fo~~t~~r~s.p :'::~ :o.~ i~e;~ ~n:o:tru.....:...~...t.I..,yt. ~'.n.... '. \0>>
responsIble .for .p a ...Yl. ne.n tto.s. UCb.pe......r..so.ns.s. UPPlym.g labor, or r.naterial to any su bcO. n tract0!t.' '. ...... .' ..... .
(2) Contractor slUf}l pay promptly all cQntnbutions or amounts due to ..... ..... .dustnal
Accident Fund and the State Unemployment Compensation Fund from contractu any.' 'ontractor in
connection with the~Q~C~ 4tbe ~.act.
(3) CotJ1taCtQr .. U4i ~t any lien or claim to be filed or . inst the County on
account of any labOr or ~alfurni$hed, shall assume responsibili. of any' lien so filed
or prosecuted and s.'hall defend Il:gainstl indemnifY and hold Co . any sueb.lien or claim.
(4) Contractor and any subcontractor shall p~' a.rttrlent of Revenue aU sums
withheld from employees pursuant to ORS 316.167. .. .......
(5) For public improvement and construc · .... ". ts only, if contractor fails, neglects or
refuses to make prompt payment of any clair services furnished to the contractor or a
subcontractor by any ~n in conn.ectionu lie contract as sqch claim ~lllCS due, the
County may pay such claim to the ..... . the labor or services and charge the amount of the
payment against funds dQe or to tli contractor by reason of the contract. The payment of a
claimin the ~era,uL' . ......... not relieve the contractor or its S\J.I'Cty fromth~bli~tiQn
with respect to any unpaid e County is unable to determine the validity of llhY olaim fttr:labor
or services furnished, tho withhold from any current payment due contractor an amOlmt equal '.
to said c1aitrt until . determined, and the claim, if valid, is paid by the contractor or the
County. There$1utll acceptance of the work under the contract until all such claims have beeYf"
resolved..
actor shall make payment promptly, as due, to any person, co-partner$hip, assOciation
. .. isbinJ. medical, surgical, hospital. or other needed care and. attention, . incident to
~ury, to th'e employees of contractor, of all sums which the contractor agreed, to payor
ot or deducted from the wages of employees pursuant to any law, contract or agreement for the
ose of providing payment' for such service.
(7) With certain exceptions listed below, contractor shall not require or permit any person to
work more than 10 hours in anyone day, or 40 hours in anyone week except in case of necessity,
emergency, or where public pottcy absolutely requires it, and in such cases the person shall be paid at
least time and ahalff6t:
(a) All overtime in excess of eight hours a day or 40 hours in anyone week when the
work week is five consecutive days, Monday through Friday, or
(b) All overtlIt)e in excess of 10 hours a day or 40 hours in anyone week when the work
week is f-our consecutive _~, ~y through Friday, and
(c) All workperforrt1ed on the days specified in ORB 2798.020(1) for non~public
improvement cohtracts or 0I.S279C.540(1) for public improvement contracts.
For persona1l})rofestional service contracts as as designated under OR.S 279A.055, instead
of (a) and (b) above, a laborer shall be paid at1east time and a half for all overtime worked in excess of 40
hours in anyone weelc, except for individfrals under these contracts who are excluded under ORS 653.010
to 653.261 or under 29 U.S.C. S~rtons 201 to 109, from receivin.1 overtime.
Contractor shall follDw all other exceptions, pursuant to ORB 219:13.235 (for non-public
improvement oontracts) ana OkS 279C.540 (for public improvement contracts), ineilldUi1g oomtracts
involving a collec.tive bargaining agreement, contracts for services,and contraeta for tht prevention or
suppression. For contraots otner than construot!C)fi or public improvemcmts, this s1:1bs=tion (7) dM'll not
apPiy to CQt1tracts for purchase of~ or pet'SQual property.
3
Contractor must give notice to'employees who work on a public contract in writing, ei(her
at t~e time of hire or before commencement of work on the contract, or by It'" a notice in a l._m
frequented by employees, of the number of hours per day and days per week that the employees may be
~~to~ ~
(8) The hourly rate of wage to be paid by any contractor orsuboontract()r to workers '.' '.,
public works 'hall be nolless than the applicable prevailing mte of wage for an hom's work i ... .....
trade or occupation in the locality where such labor is performed, in accordance with OR
ORB 27.9C. .850. For. proje..cts covered by the.. federal Davis-B' aeon Act (40. U SC..2. 7().'~,.,.,.., .....".. ". and
subcontractors shall pay workers the higher of the state or federal prevailing rate of wa' ..' \
(9) The contractor, its subcontractors, if any, and all employers w(U" '. und. ." >' contract are
subject employers under the Oregon Workers' Compensation Law and shall with ORS 656.017,
or otherwise be ~umpt under 0R8656.126. >
(10) As to public improvement and construction contr, &ballcolllPly with all
applicable federal, state, and local laws and regUlations, inclto those dealing with
the prevention of environmental pollution and the pres of tural resources that affect' the
performance of the contract. A list of entities who have h laws or regulations is foun<i in the
Qregon Atto .e . General's Model Public Contract It OAR 137-030-0010, Cotnmentary 4. If
new or amended statutes, ordinances, or regu . d, or the contractorepcouriters a condition
not referred to in the bid docutnent not ca ontraotor and not discoverable by reasonable site
=:....:~~..."v:::.. n:>...~f. mp.po.......::'~.>'...... i> e:..'::'; ;.~~a:::;.oe.~bo.a.:i:'':t,.. s. d.~,:.;, ~~ :::
contractor shall. bave all the ri .' ..Yons specified in ORS 279C.525 to handle the si~tion.
(11) The contract .. celed at the election of County for any substantial breach,'-Mllful
faill:ll'e or refusal on the .. co ctor to faithfully perform the contract according to its terms. The
Cowt"ylDlY terrtrina ct by written order or upon request of the contraotor, ifthe work cannot
bt coruvleU~d~ '. ." .' .nd the control of either the contractor or the County, or for any reastffl'
con$i~ the pU\)lic interest other than a labor dispute, or by reason of lU1y thii'd party judi~ial
pt. 'tothe work other than one filed in regards to a labor dispute, and when circU1l1$tances
or, , . . such. tjtat . it is impracticable within a reasonable time to proceed with a. substantial
~e work. ltl either case, for public improvement contracts, if the work is SU$pel1dedbut the
not terminated, the contractor is entitled to a reasonable time extension, costs and overhead per
. 219C.655. Unless otherwise stated in the contract, if the contract is terminated, the contractor shall
be'paidper oits 279c.660 for a public improvement contract.
(12) If the County does not appropriate funds for the next succeeding fisoal year to continue
payments otherwise required by the contract, the contract witl terminate at the end of the last fiSClll year
ror wmthpayments nave been appropriated. The County will notify the con~ctor of such non-
appropriation not later than 30 days before the beginning of the year within which funds are not
appropriated. Upon termination pursuant to this clause, the County shall have no further obligation to the
contractor for payments beyond the termination date. This provision does not permit the County to
terminate the contract in order to provide similar services or goods from a different con~otor.
(13) By execution of this contract, contractor certifies, under penalty oflX!fjuty that:
(a) To the best of contractor's knowledge, contractor is not in violation of any tax laws
described in OlIS 305.31Q(4), and
(b) Contractor has not diseriminated against minority, women or small business
entetprises in obtaining any required subcontracts.
(14) Contractor agrees to prefer goods or services that have been manufactured or produced in
this State ifprice, fitness, availability or quality are otherwise equal. >
(15) Contractor asrees to not assign this OGntract or any payments due hereunder without the
proposed assiJIlee being fitstapproved and accepted in writing by Cmntty.
(15) Contractor 4tatCles to make aU prlJvisions of the contract with the County applicable to any
subcontra~tur pertOrmil!ll w.ork under the contract.
4
. .
(17) TlJJ'9"Ullt}' will not be responsible for any losses or unanticipated costs suffered by
contraotor as ,tt" ..r ~e eontractor's failUt'e to obtain full information in advance in regard to all
con~itioU$ J*"tI_'t\Hbhvm.
hkeWtse have all neoe~ l1censes, permtts or certIficates before perfornttng any wo ,.e' tlure of
contractor to hacveor maintain such licenses, permits, or certificates is grounds r rej " of a bid or
imrnedil\~t~~~ jf,. Qonttact.
(~tl) ~.a .sepr()vided, data which originates from
hirell as det1h.ed"iY. _U.S. Copyright Act of 1976 and shall be '. . e County. Data shall
inolude, \)ijt n9t .13 limited to, reports, documentl, pamphlets'5a, " .... '.. ,ks, magaziDes, surveys,
studies, computer prog1'ams, films, tapes, and/or sound r ...... s. ership includes the right to
copyright, patent, register and the ability to transfer th .. .. 18. Data which is delivered under the
cotitract, but which <:lOes' not origiMte 'therefrom sba e .' d to the COWlty with a nonexclusive,
royalty-free, it;teyocable license to publi~A, uce, deliver,perfonn, dispose of, and to
autbori~ otlters to clow; pr()vided that such liJntted to the extent which the contractor has
a right to' grant such a liCCl1$e. The con ert aU reasonable effort to advise the County, at the
time of delivery of (b{ta furnished ntract, of aU known or potential invasions of privacy
contairl-ed tl1~ein,~4of~P9'f . ......' QCument which was not produ~in the perfo111lince of this
contt'act. . The ~oti11tyo,' - - , prompt written notice of each notice or claim orc~ght
in.fting~t t~ived .... '. .' tor With respect to any data delivered under this contract. The
County ~imtlMv~' Qdify or remove any restrictive markings placed upon the data by the
cpntfa'QtQt.'''Y'
{~, a", of this oontract,. the contractor produces a report, paper, publication, brochure,
_tmton paper which uses more than a total 500 pages of 8 1/2" by 11" paper, the
'()l1J;l to the Lane County Recycled Paper Procurement and Use policy, LM 2.440
; 'by \lsingheeycted paper with at least 25% post-consumer content which meets printing
$ ~ aVailclbiUty requirements.
(2t) The~.JonSta.ndard Specifications for Construction adopted by the State of Oregon, and
theMan~l !,)!lUJltlopii 'ffafffc Control Devices, each as is currently in effect, shall be applicable to all
road' construction proJ~ except as modified' by the bid dOCuments.
(23) As to e<m'ttaot$ for lawn,and landscape maintenance, the contractor shall salvage, recycle,
compost or mulch .~. Wa:$te material in an approved site, if feasible and cost-effective.
(24) A.s topublicirnprovement contracts for demolition, the contractor shall salvage or recycle
construction and,demoIition debris, if feasible and cost-effective.
(~S) When a public contract is awarded to a nonresident bidder and the contract price exceeds
$10,000, the contractQr shall promptly report to the Department of Revenue on forms to be provided by
the depaftJ'nertt the total contract price; terms of payment, len~ of contract and such other information as
the depttrtrnent may requite before the County wiH make t'imJl payment on the contract. (Revised by Order No,
98.1N-4. Effective 12.2,98; fU-6-30-12. 6.3(1.04; 05-2-16-8,1.18.95; 05-11-1M.1.J.06)
5
JAN-09-2008 10:34
TITAN SALES GROUP
Lane County Public Works Department
P.Ol
October 31, 2007
Titan Sales Group
Attn: Shane Gutridge
2420 NE Columbia Blvd.
Portland, OR 97211
Re: Purchas~.of&treetSweeper=C6ntrac:t Nd.FY 07/08~FS-03
~~:li~~~~ ~tr~~~:~~=t~:'::~~~~e':ff:~~~~;~:~~0
""'-- ~.~
Enc1Cls1r&efe-lbeJJri~iDal al)~ a cory of the contract. Please sign both contracts,
completing each rine under the column marked "Contractor" and return both copies to
this office to the attention of Karen Dillin. You will be mailed an original copy of the
contract after it is executed.
Sincerely,
;~'m~
Tanya M. Heaton ~
Administrative Services Manager
TMHlkd
Enclosures (2)
cc: Phillip Guyette, Fleet Services Manager
3040 NORTH DELTA HIGHWAY' EUGENE OR 97408.1696' (541) 682.6900' FAX (54l) 682.R501 . wwwJanecounty.orglpw
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Meadowbrook II Subdivision SDC Credit Appeal
January 15,2007 Primary Staff Contact: Paula Brown 552-2411
Public Works Engi eenng E-Mail: brownp@ashland.or.us
Legal, Comm Secondary Contact: Pieter Smeenk 552-2413
Martha B~ Estimated Time: 20 Minutes (Public Hearing)
scheduled December 3, 2007 Special Meeting
Question:
After hearing the appeal of the "Meadowbrook Park II at North Mountain" Subdivision for Systems
Development Charges (SDC) credit allowance which of the following actions does the Council wisht 0
take:
y Reject the appeal and affirm the staff calculation of SDC credit at $63,075?
- or-
y Grant the appeal and award the SDC credits in a greater amount?
- or-
y Partially grant the appeal by considering other aspects of the developer's improvements that
may be eligible for additional credits?
Staff Recommendation:
Staffrecommends that the Council reject the appeal and affirm the staff determination of SDC credits
based on the following:
y Credits were given for only the additional requirements from the Planning Commission
findings and are consistent with the proportional impact of the development;
y Credits were based on the developer's actual costs and consistent with the specific location and
type of improvement;
y Credits were consistent with approved SDC methodology and were lenient with allocations.
y Credits are consistent with Ashland Municipal Code Section 4.20.090.
Background:
The City and Developer agreed to provide this appeal hearing of the City's decision to award credits
for E. Nevada Street improvements totaling $63,075. Initially the Developer petitioned for a writ of
review and writ of mandamus in Circuit Court, yet has agreed to this hearing. The developer claims to
be entitled to the SDC credit equal to $311,834.25, the full cost of all improvements on E. Nevada
Street and N. Mountain Avenue as affected by the developer. Staff has prepared this report to define
the basis for the SDC allocation, the allowance for SDC credits and the calculations used to determine
the specific calculations.
System Development Charges (SDCs):
System Development Charges (SDCs) are fees imposed on new developments that are collected to
defray infrastructure expansion expenses incurred by the City as a result of development. The
magnitude of SDC charges varies for each of the different infrastructure enterprises funds. The SDCs
questioned in instance are Transportation SDCs determined in accordance with Resolution 99-42
(attached). The methodology determining the Transportation SDCs was heard and approved in 1999.
Page 1 of 11
011508 Meadowbrook SDC appeal - continuation.Cedoc
r~'
CITY OF
ASHLAND
The Transportation SDC is based on a pro-rata share of future transportation system needs, including
new street and street frontage costs (needs) and new trip generation/travel need estimates. The
Transportation System Plan (TSP) outlines transportation system needs for the City. The TSP
identifies project specific needs for street, bicycle, pedestrian and transit improvements. Long-range
travel projections used in the TSP have been developed based on future land development projects
consistent with the City's Comprehensive Plan.
SDCs are normally paid by the developer at the time building permits are issued. The City has the
option to reduce system development fees by granting the applicant credit for the cost of constructing
public improvements if those improvements are proportionally more extensive than required by the
conditions of approval of their land use decision. This type of credit is referred to as an SDC credit.
There are other limitations placed on these credits by Resolution 99-42 and by the Planning
Commission as conditions of approval.
Under Oregon law only a portion of roadway and transit costs are eligible for funding through SDCs.
The maximum portion that can be funded by SDCs is based on a very specific list of projects, and only
a certain percentage of the cost of each of those projects can be funded by SDCs. The table on page 4
of Resolution 99-42 is Ashland's list of eligible projects and percentages. The City can only charge as
much in SDCs as listed in that table. Likewise, the City is limited in how much credit it can award by
that same table.
Based on the 1999 SDC Methodology, a Credit is described as follows:
Credits against the calculated SDC will be given for the cost of qualified public improvements,
in whole or in part, identified on the "SDC Eligible Transportation Improvements" table. Costs
not included in the calculation of the SDC shall not be eligible for SDC credit. Except that the
City may agree that certain costs may, in fact, represent "system" costs that will be considered
for addition to SDC-eligible costs during the next SDC update. If those "non-eligible" costs are
subsequently changed to become SDC eligible, credit will be given in a form of a
reimbursement of a portion of the SDC improvement fees.
As a note, the current Transportation System Plan is being updated for new projects. As a part of this
update, the SDC methodology will also be updated. If this is truly a discussion regarding SDC
methodology, the Developer is welcome to present those concerns at the time of the new SDC
methodology is presented for consideration.
Meadowbrook II Subdivision
The specifics ofthe SDC credits pertain to the "Meadowbrook Park II at North Mountain" Subdivision
(referred to as Meadowbrook Subdivision or Subdivision) which consists of building public
improvements including streets, storm drain, sewer, water, electrical utilities, parkrows, sidewalks and
site improvements. This subdivision is consistent with the North Mountain Neighborhood Plan that
was adopted in March 1997. The Meadowbrook Subdivision provides for an 81 lot subdivision
consistent with the Performance Standards Option and consistent with the adopted Street Standards.
During the Planning Commission Hearing on January 13, 2004, the developer was conditioned to
include the widening ofE. Nevada Street by 2 extra feet and frontage improvements to North
Mountain Avenue.
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The Issue
The Petitioner, North Mountain Land Company, LLC, is claiming to be due SDC credits based on
construction of public facilities beyond what required by planning findings and development
conditions. The Developer claims that the City did not sufficiently credit the full construction costs of
the required road improvements.
Staff disagrees with the developer's assertion that 100% of his costs are eligible for an SDC credit.
Staffhas calculated the credit based on four factors:
1. Planning Commission Findings
2. Engineering's Calculations of Credits Due
3. SDC Methodology
4. Ashland Municipal Code SDC Credits (section 4.20.090)
1. Planning Commission Findings: The Planning Commission findings and decision for the
Meadowbrook Subdivision development dated January 13, 2004, determined in condition number 29
that:
"Specifically, the applicant shall be eligible for SDC credits for asphalt widening from 22' to
24' and curb and gutter on the north side ofE Nevada for thefrontage of the applicant's
property and tax lot 401 (Cislo). Further, the applicant shall be eligible for SDC credits for
the street improvements abutting tax lots 500 & 600. "
The City's development standards require that the developer provide adequate infrastructure facilities
including key fey City facilities for the new development. In this case, the development would have
required that the developer pave the portion of E. Nevada Street fronting the development to a width of
at least 22 feet to meet street standards. Because E. Nevada Street is classified as an Avenue in the
Transportation Plan, and because of the ultimate plan to cross Bear Creek in the future, it was
determined that the future street width would need to be paved to at least 24 feet. The Planning
Commission required the widened street section and offered SDC credits for the specific increase from
22 to 24 feet. The Planning Commission likewise offered credits for the entire width in front of Tax
lots 500 and 600 because the developer did not originally propose to pave that segment. No credit was
considered for N. Mountain Avenue improvements as those improvements, except for the crosswalk
and traffic island, were made to the developers own frontage and was a consideration for the
development's sake. The improvements included lot grading, utility backfill, irrigation structure
removal, and asphalt paving that did not increase the capacity ofN. Mountain Avenue. Since
Transportation SDCs are intended to pay for improvements that increase traffic capacity, credit cannot
be awarded for improvements that do not contribute to increased capacity.
Engineering staff did apply credit to the additional 2 feet of improvements along E. Nevada Street and
to improvements in front of tax lots 500 & 600 as determined in the Planning action.
2. Engineering's Calculations of Credits Due: Public Works Engineering staff applied the developer's
own unit costs submitted for this project towards the specific improvements deemed eligible per the
Planning Commission findings to arrive at the portion of the construction that could be considered for
SDC credits. The calculations estimated the proportion of the total quantities, which included costs of
material and labor, required to increase the width and length ofE. Nevada Street improvements on a
straight line volumetric basis. Specific items were removed from the calculations if those costs were
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attributable to a location other than E. Nevada Street improvements (ie; items 8-11 which included
sidewalk, ramps, and other frontage improvements on the south side were not given any SDC credits as
they were specifically required as a part of the subdivision plan). In the case of rock excavation, all of
the rock excavation was credited in the proportional calculation as staff lacked the detail necessary to
assign the appropriate proportion. This is very generous from staff s perspective.
The calculations are simple percentages and were based solely on the development's engineering
drawings, the unit costs provided by the developer, the Planning Findings, and Resolution 99-42. The
calculations were prepared and reviewed by licensed Professional Engineers (Pieter Smeenk and Paula
Brown), and were also reviewed by Jim Olson, Richard Appicello, and Bill Molnar prior to issuing the
letter to Adam Hanks on February 16, 2007. The developers own Engineer of Record did not dispute
the calculations. Calculations are shown on the attached calculation's sheet and are based on the
following:
1. Staffs basis for the credit is on the E. Nevada Street portion ofthe billing from Bill's Backhoe.
2. Only items 1 -7 and 12 - 14 are included in the proportional calculation. Items 8 -11 were on
the developer's side ofthe street and not included in any credit calculation as they were
required for development's sake.
3. The additional 2 feet of width on East Nevada Street was required on 895 feet of the total
length of 1480 feet - or 60.5% of the street work. Only the additional 2 feet is credited
proportioned over the total 24 feet of width. Items 1 - 4 are street improvements for the extra
width.
4. Tax lots 500 & 600 are 515 feet of the total 1480 feet. Items 1 - 4 are street improvements for
the street improvements fronting the lots.
5. In addition, one side of the curb and gutter (item 7) was credited for that additional
improvements on the opposite side of the subdivision (generous)
6. Items 5, 6, 12 - 14 were credited in full and are very generously given.
The developer claims that all of the costs of construction of both E Nevada Street and N. Mountain
A venue abutting the project should be due the developer in full, not just the improvements specified in
the Planning Commission Findings. This claim conflicts with the Planning Findings, and also with
City Resolution 99-42, which limits the amount that can be funded by SDCs to only a portion of the
total cost that adds additional capacity beyond what is necessary for the subdivision improvements. As
only the additional 2 feet of width and the improvements in front of tax lots 500 & 600 were added
beyond the proportional improvements for the subdivision, those improvements were the only basis for
the credit due the developer.
3. SDC Methodology: Public Works Engineering staff used the approved allocation of the growth
capacity percentage assigned for the East Nevada Street project of 65% for SDC charges based on
Resolution 99-42 as the maximum proportion of construction costs eligible for SDC credit. Since the
City can only collect 65% of the improvement costs for E. Nevada or N. Mountain Avenue costs as
capacity driven SDCs, it can not reimburse a larger portion than collected. Public Works Engineering
staff concluded that only the capacity increment or 65% ofthe additional 2 feet of width and
improvements along tax lots 500 & 600 would be eligible as the maximum amount for SDC credit.
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4. AMC Section 4.20.090 Credits: "... A credit shall be given for the cost of a qualified public
improvement associated with a development. If a qualified public improvement is located partially on
and partially off the parcel of land that is the subject of the approval, the credit shall be given only
for the cost of the portion of the improvement not attributable wholly to the development...."
City Engineering staff attributed the majority of the costs of the E. Nevada and all of the costs of the N.
Mountain A venue improvements to be wholly attributable to the development. Only the additional 2
feet of width on the northern portion ofE. Nevada and the portion along tax lots 500 & 600 as
indicated in the Planning Commission action was beyond the proportional impacts of the development
and were therefore adjusted with the SDC credit of $63,075.
Related City Policies:
Ashland Municipal Code 18.68: Land Use General Regulations
Ashland Municipal Code 4.20: Systems Development Charges; specific sections attach~
Resolution 99-42 -Transportation Systems Development Charge Methodology and Charges (attached)
Council Options:
Council basically has three options:
1. Affirm staff's prior decision and basis for SDC credits and credit the Developer the $63,075.
This is justified as all of the allocable additional and proportional improvements ($97,039.04)
were credited at the capacity growth allocation rate of 65% as adopted by the SDC
Methodology. In staff's opinion, authorizing the full amount for the curb and gutter on the
north side, plus allowing the full cost of the rock excavation is more than generous.
2. Accept the appellant's request for re-determination ofSDC allocations and award the developer
all or a portion of the request based on that testimony. There are two options staff could assist
with:
a. Instead of discounting the allocable costs by the growth capacity of 65%, allow the
developer 100% of the associated additional improvements or $97,039 with the
understanding that there is no further action by the developer against the City. As the 65%
is an SDC credit, the additional amount would have to be funded from the City's street
fund ($33,964.04) which is already suffering from lack of funds.
b. The Council could determine in the applicant favor and go against all prior SDC credit
evaluations and set new precedence not requiring the developer to pay for required
subdivision improvements on streets designated as Avenues (N. Mountain and E. Nevada).
In this case, Council could determine that the credit is the capacity portion of all of the
costs for the East Nevada invoice and all ofN. Mountain improvements with the exception
of the street lights (NM item 10) which are on Great Oaks Drive and the removal of the
irrigation structure (9), grading (12) and utility backfill (12) which are not a part of the
street improvement.
This translates to ($216,830.50 + $46,866.25) x 65% = $171,403. The City would pay the
additional $108,328 out of the Transportation SDCs. Staff recommends against this
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option as Council would be setting precedence in paying credits for what is traditionally a
development driven improvement requirement.
3. Request additional information from staff prior to making a determination.
Unless the Developer agrees with Council's determination of the authorized SDC credits, the Council's
decision can be appealed to Circuit Court under Writ of Review.
Potential Motions:
1. Council moves to affirm the initial determination of $63,075 in SDC credits owed to the
developers of the Meadowbrook Subdivision.
2. Council moves to re-determine the SDC credits owed to the developers of the Meadowbrook
Subdivision and authorizes $97,039 (per item 2a above) for 100% of the additional
requirements.
3. Council moves to set new precedence that does not demand the developer to pay for required
subdivision improvements and further re-determines the SDC credits owed to the developers of
the Meadowbrook Subdivision and authorizes $171,403 (per item 2b above).
4. Council moves to re-determine the SDC credits owed to the developers of the Meadowbrook
Subdivision and authorizes the following amount $ based on the facts as
presented by the developers.
5. Council moves to continue this hearing to the next Council meeting as Council feels that there
is not a clear basis for determination with the information presented and requests additional
information form staff.
With all but motion #1, it is any additional offing would be made with the understanding that there is
no further action by the developer against the City.
Attachments:
1. AMC Sections 4.20 Systems Development Charges (applicable sections copied)
(entire code section is available on the City's web site)
2. Resolution 99-42 - Transportation Systems Development Charge Methodology and Charges
3. Meadowbrook Subdivision Final Planning Findings
4. Meadowbrook Subdivision: February 16, 2007 letter from Pieter Smeenk to Adam Hanks with
attachments including calculations and supporting documentation .
5. Homecker, Cowling, Hassen & Heysell, L.L.P. Letter Dated March 1,2007 & Attachments
6. Homecker, Cowling, Hassen & Heysell, L.L.P. Letter Dated June 8, 2007
7. Order for Writ of Review
8. Meadowbrook Subdivision Engineering Drawings
References:
1. Meadowbrook Subdivision Final Engineering Plans (web site)
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4.20 Systems Development Charges
4.20.010 Defmitions
The following words and phrases, as used in Chapter 4.20 ofthe Ashland Municipal Code, have the
following definitions and meanings:
A. Capital Improvement(s). Public facilities or assets used for any of the following:
1. Water supply, treatment and distribution;
2. Sanitary sewers, including collection, transmission and treatment;
3. Storm sewers, including drainage and flood control;
4. Transportation, including but not limited to streets, sidewalks, bike lanes and paths, street lights,
traffic signs and signals, street trees, public transportation, vehicle parking, and bridges; or
5. Parks and recreation, including but not limited to mini-neighborhood parks, neighborhood
parks, community parks, public open space and trail systems, buildings, courts, fields and other
like facilities.
B. Development. As used in Sections 4.20.020 through 4.20.090 means constructing or enlarging a
building or adding facilities, or making a physical change in the use of a structure or land, which
increases the usage of any capital improvements or which will contribute to the need for additional or
enlarged capital improvements.
C. Public Improvement Charge. A fee for costs associated with capital improvements to be constructed
after the effective date of this ordinance. This term shall have the same meaning as the term
"improvement fee" as used in ORS 223.297 through 223.314.
D. Qualified Public Improvements. A capital improvement that is required as a condition of
development approval; and is identified in the plan adopted pursuant to section 4.20.060.B. However,
it does not include improvements sized or established to meet only the demands created by a
development. (ORD 2791, SI 1997)
E. Reimbursement Fee. A fee for costs associated with capital improvements constructed or under
construction on the date the fee is adopted pursuant to Section 4.20.040.
F. Systems Development Charge. A reimbursement fee, a public improvement charge or a combination
thereof assessed or collected at any ofthe times specified in Section 4.20.070. It shall not include
connection or hook-up fees for sanitary sewers, storm drains or water lines, since such fees are
designed by the City only to reimburse the City for the costs for such connections. Nor shall the SDC
include costs for capital improvements which by City policy and State statute are paid for by
assessments or fees in lieu of assessments for projects of special benefit to a property.
4.20.020 Purpose
The purpose of the systems development charge (SDC) is to impose an equitable share of the public
costs of capital improvements upon those developments that create the need for or increase the
demands on capital improvements.
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4.20.030 Scope
The systems development charge imposed by Chapter 4.20 is separate from and in addition to any
applicable tax, assessment, charge, fee in lieu of assessment, or fee otherwise provided by law or
imposed as a condition of development. A systems development charge is to be considered in the
nature of a charge for service rendered or facilities made available, or a charge for future services to be
rendered on facilities to be made available in the future.
4.20.040 Systems Development Charge Established
A. Unless otherwise exempted by the provisions of this Chapter or other local or state law, a systems
development charge is hereby imposed upon all development within the City; and all development
outside the boundary of the city that connects to or otherwise uses the sanitary sewer system, storm
drainage system or water system of the City. The City Administrator is authorized to make
interpretations of this Section, subject to appeal to the City Council.
B. Systems development charges for each type of capital improvement may be created through
application of the methodologies described in Section 4.20.050 of this code. The amounts of each
system development charge shall be adopted initially by Council resolution following a public hearing.
Changes in the amounts shall also be adopted by resolution following a public hearing, except changes
resulting solely from inflationary cost impacts. Inflationary cost impacts shall be measured and
calculated annually by the City Administrator and charged accordingly. Such calculations will be
based upon changes in the Engineering News Record Construction Index (ENR Index) for Seattle,
Washington.
(ORD 2791, S2 1997)
4.20.050 Methodology
A. The methodology used to establish a reimbursement fee shall consider the cost of then-existing
facilities, prior contributions by then-existing users, the value of unused capacity, rate-making
principles employed to finance publicly-owned capital improvements, and other relevant factors. The
methodology shall promote the objective that future systems users shall contribute an equitable share
of the cost of then-existing facilities.
B. The methodology used to establish the public improvement charge shall consider the cost of
projected capital improvements needed to increase the capacity of the systems to which the fee is
related and shall provide for a credit against the public improvement charge for the construction of any
qualified public improvement.
C. The methodology shall also provide for a credit as authorized in Subsection 4.20.090.
D. Except when authorized in the methodology adopted under Subsection 4.20.050A, the fees required
by this Code which are assessed or collected as part of a local improvement district or a charge in lieu
of a local improvement district assessment, or the cost of complying with requirements or conditions
imposed by a land use decision are separate from and in addition to the systems development charge
and shall not be used as a credit against such charge.
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E. The methodologies used to establish the systems development charge shall be adopted by resolution
of the Council following a public hearing. The specific systems development charge may be adopted
and amended concurrent with the establishment or revision of the systems development charge
methodology. The City Administrator shall review the methodologies established under this section
every three (3) years, and shall recommend amendments, if and as needed, to the Council for its action.
F. The formulas and calculations used to compute specific systems development charges are based
upon averages and typical conditions. Whenever the impact of individual developments present special
or unique situations such that the calculated fee is grossly disproportionate to the actual impact of the
development, alternative fee calculations may be approved or required by the City Administrator under
administrative procedures prescribed by the City Council. All data submitted to support alternate
calculations under this provision shall be site specific. Major or unique developments may require
special analyses to determine alternatives to the standard methodology.
G. When an appeal is filed challenging the methodology adopted by the City Council, the City
Administrator shall prepare a written report and recommendation within twenty (20) working days of
receipt for presentation to the Council at its next regular meeting. The council shall by resolution,
approve, modify or reject the report and recommendation of the City Administrator, or may adopt a
revised methodology by resolution, if required. Any legal action contesting the City Council's decision
in the appeal shall be filed within sixty (60) days of the Council's decision.
4.20.060 Compliance with State Law
A. The revenues received from the systems development charges shall be budgeted and expended as
provided by state law. Such revenues and expenditures shall be accounted for as required by state law.
Their reporting shall be included in the City's Comprehensive Annual Financial Report required by
ORS Chapter 294. Reimbursement Fees shall be spent on capital improvements associated with the
systems for which the fees are assessed. Improvement fees shall be spent only on capacity increasing
improvements. The portion of such improvements funded by improvement SDCs must be related to
current or projected development.
B. The capital improvement plan required by state law as the basis for expending the public
improvement charge component of systems development charge revenues shall be the Ashland Capital
Improvements Plan (CIP) or public facility plan and the CIP of any other governmental entity with
which the City has a cooperative agreement for the financing of commonly used public improvements
by the collection of systems development charges, provided the plan is based on methodologies
conforming with State Law and is consistent with the City's CIP and the City's Comprehensive Plan.
(ORD 2791, S3 1997)
4.20.070 Collection of Charge not included here
4.20.080 Exemptions not included here
4.20.085 Deferrals for Affordable Housing not included here
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4.20.090 Credits
A. When development occurs that gives rise to a system development charge under Section 4.20.040 of
this Chapter, the system development charge for the existing use shall be calculated and if it is less
than the system development charge for the proposed use, the difference between the system
development charge for the existing use and the system development charge for the proposed use shall
be the system development charge required under Section 4.20.040. If the change is use results in the
systems development charge for the proposed use being less than the system development charge for
the existing use, no system development charge shall be required; however, no refund or credit shall be
gIVen.
B. The limitations on the use of credits contained in this Subsection shall not apply when credits are
otherwise given under Section 4.20.090. A credit shall be given for the cost of a qualified public
improvement associated with a development. If a qualified public improvement is located partially on
and partially off the parcel ofland that is the subject ofthe approval, the credit shall be given only for
the cost of the portion of the improvement not attributable wholly to the development. The credit
provided for by this Subsection shall be only for the public improvement charge charged for the type
of improvement being constructed and shall not exceed the public improvement charge even if the cost
ofthe capital improvement exceeds the applicable public improvement charge. Credits paid as a permit
for development will expire five years after paid. The credit shall be apportioned equally among all
single family residential lots (where such credit was granted for subdivisions). Credits for other types
of developments shall be allocated to building permits on a first-come, first served basis until the credit
is depleted. (Ord 2791, S9 1997)
C. Applying the methodology adopted by resolution, the City Administrator or designee shall grant a
credit against the public improvement charge, for a capital improvement constructed as part of the
development that reduces the development's demand upon existing capital improvements or the need
for future capital improvements or that would otherwise have to be provided at City expense under
then existing Council policies. (ORD 2791, S9 1997)
D. Credits for additions to dedicated park land, or development of planned improvements on dedicated
park land, shall only be granted by the City Administrator upon recommendation by the Park and
Recreation Commission for land or park development projects identified in the Capital Improvement
Plan, referred to in Section 4.20.060(B).
E. In situations where the amount of credit exceeds the amount of the system development charge, the
excess credit is not transferable to another development. It may be transferred to another phase of the
original development.
F. Credit shall not be transferable from one type of capital improvement to another.
4.20.100 Appeal Procedures
A. As used in this Section "working day" means a day when the general offices of the City are open to
transact business with the public.
B. A person aggrieved by a decision required or permitted to be made by the City Administrator or
designee under Sections 4.20.010 through 4.20.090 or a person challenging the propriety of an
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expenditure of systems development charge revenues may appeal the decision or expenditure by filing
a written request with the City Recorder for consideration by the City Council. Such appeal shall
describe with particularity the decision or the expenditure from which the person appeals and shall
comply with subsection D of this section. (ORD 2791, SlO 1997)
C. An appeal of an expenditure must be filed within two years of the date of alleged improper
expenditure. Appeals of any other decision must be filed within 10 working days of the date of the
decision.
D. The appeal shall state:
1. The name and address of the appellant;
2. The nature of the determination being appealed;
3. The reason the determination is incorrect; and
4. What the correct determination should be.
An appellant who fails to file such a statement within the time permitted waives any objections, and
the appeal shall be dismissed. (ORD 2791, SlO 1997)
E. Unless the appellant and the City agree to a longer period, an appeal shall be heard within 30 days
of the receipt of the written appeal. At least 10 working days prior to the hearing, the City shall mail
notice of the time and location thereof to the appellant.
F. The City Council shall hear and determine the appeal on the basis of the appellant's written
statement and any additional evidence the appellant deems appropriate. At the hearing, the appellant
may present testimony and oral argument personally or by counsel. The City may present written or
oral testimony at this same hearing. The rules of evidence as used by courts oflaw do not apply. (ORD
2791, S10 1997)
G. The appellant shall carry the burden of proving that the determination being appealed is incorrect
and what the correct determination should be.
H. The City Council shall render its decision within 15 days after the hearing date and the decision of
the Council shall be final. The decision shall be in writing but written findings shall not be made or
required unless the Council in its discretion, elects to make findings for precedential purposes.
Any legal action contesting the Council's decision on the appeal shall be filed within 60 days of the
Council's decision.
4.20.110 Prohibited Connection not included here
4.20.120 Enforcement not included here
4.20.121 Classification of the Fee not included here
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Council Communication
Talent Ashland Phoenix Intertie Pipeline Update on
Preliminary Engineering and Future Water Line Construction
Meeting Date: January 15,2008 Primary Staff Contact: Jim Olson 552-2412 0v[)
Department: PW Engineering / ater E-Mail: olsonj@ashland.or.us I
Secondary Dept.: Finance Secondary Contact: Paula Brown 488-5587~
Approval: Martha Benn Estimated Time: 20 minutes /
Question:
Does Council approve the staff recommendation on the next steps and the proposed timing for the City
to connect to the Talent Ashland Phoenix (TAP) lntertie pipeline?
Staff Recommendation:
Staff recommends continuing to pursue the TAP project as shown on the following schedule. This will
initiate final design of the TAP Pipeline beginning April 2008, with construction starting as early as
April 2010 (FYlO and FYll construction years). This schedule is slightly modified from the schedule
that was presented to Council on April 2, 2004. The timeframe for the pre-design and the reservoir
siting were extended. The TAP reservoir design and construction have changed with the final
recommendation to build a second reservoir at the Crowson site, negating the need for a separate TAP
clear well/reservoir. The need for the reservoir at the Crowson site does not impact the immediate
operation of the TAP Pipeline, but is necessary for the City's overall water distribution and fire flow
functions.
One of the first steps of the TAP final design, staff recommends defining the specific location and
purchasing the site for the booster pump station as recommended in Carollo Engineer's Technical
Memorandum 4. The booster pump station is a critical piece of the operation of the final TAP Pipeline
to bring water to Ashland.
TAP Pre-Design
TAP Reservoir Siting /
Land Evaluation
TAP Final Design and
Property Acquisition
TAP Pipeline/System
Construction
Crowson II Reservoir
Design
Crowson II Reservoir
Construction
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Background:
Based on the Council's decision in December 1998, the City participated with the cities of Talent and
Phoenix and with the Medford Water Commission for the design and construction of the 24-inch TAP
water pipeline construction to the City of Talent. In addition to the initial construction, Council has
asked staff to complete the following:
1. Complete pre-design for the future extension of the TAP Pipeline - done
2. Continue with an emphasis on conservation programs in an effort to meet the goals for 20%
peak day summer time reductions - ongoing and generally successful
3. Continue with negotiations for other water supply options including:
· Purchase Lost Creek Water Rights -75% complete (scheduled to purchase the
remaining 25% in FY09)
· Review the options of exchanging the City's Talent Irrigation District (TID) water rights
from the City's "Imperatrice Property" for beneficial use within the City - ongoing efforts
that will continue with the City's "Right Water for the Right Use" emphasis
· Begin discussions with TID and BOR for additional municipal water rights - ongoing
efforts with initial success in temporary water right purchases the past two years
Carollo Engineers has completed the "TAP Preliminary Engineering Technical Memorandum No.4,"
which completes their requirements. The three critical recommendations are as follows:
. Two alternative routes were identified for the portion of the pipeline route through the City of
Talent; along Highway 99 or along Talent Avenue. Both have conflicts and concerns and
depending on the timing of the construction portion of the project, one may be preferable over
the other. Carollo recommends that the City complete a cost analysis and feasibility evaluation
of the two alternatives to select a final route during the final design phase, once the planned
construction schedule is known due to the potential impacts of improvements through the City
of Talent. Staff recommends an early start to the final design to solidify agreements and
specific locations based on the timing of construction.
. Carollo recommends that the City move forward aggressively to acquire a property for the
pump station due to the availability of suitable properties. As this again impacts timing, staff
recommends the Council allow this to happen as soon a possible to solidify property purchases.
. It is feasible to connect the TAP pipeline extension directly to the Ashland distribution system
at a flow rate of 1.5 mgd under normal operating conditions, avoiding additional cost for
constructing a designated TAP reservoir. It the City wishes to use the TAP pipeline as an
emergency supply (up to 3 mgd), it is recommended that further modeling be conducted to
evaluate system performance under such a scenario. Additional flows during an emergency
scenario may require improvements to the City's distribution system and/or changes to the
design criteria for the pump station. As previously stated, elimination of a separate TAP
reservoir does not preclude the need for additional storage within the City's system to meet
other system storage requirements (see Addendum to TM No.2 and the City's CIP for the
planned "Crowson II" distribution reservoir).
In addition to the specific TAP Pipeline preliminary engineering work, there has been significant work
within the water fund on modeling the distribution system and in developing comprehensive water
plant improvements. Both have an impact on the City's overall water distribution system currently and
Page 2 of5
cc TAP Future Nov07.doc
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CITY OF
ASHLAND
in the future. As Carollo's TM 4 describes, there are distribution and fire flow deficiencies that are
being addressed separately with the design and construction ofthe 2.5 MG Crowson II reservoir. This
plan was previously introduced to Council during last year's (FY 2007-08) budget process.
The TAP Pipeline will enter the City's system and will utilize the Granite Street reservoir for
operational storage and system integration. As such, there is no need for a separate TAP Pipeline
reservoir or clear well. However, to ensure complete City wide emergency use there would be
additional system and distribution piping to interconnect the TAP Pipeline to the Crowson reservoir
which feeds the rest of the City. This is not a part of the initial TAP Pipeline project, but will be
considered in the future.
TAP Costs: Construction costs have sharply increased over the last three years. The following
summarizes the anticipated costs of the project (updated November 2007) and they will be updated
again through the final engineering design process:
TAP Pipeline Construction Medford to Talent (2002)
Purchase Water Rights (2002)
Engineering
<Pr~UmirH!ryJ2Q<Q:l::Q7) ........m.....
Final Design and Permitting (proposed 2008-09)
Future Connection of TAP from Talent to Ashland (proposed 2010-12)
Future SDCs to Medford Water Commission (assumed)
Paid
$1,450,000
931,000
Future Costs
" 7 ~~OQO.
p,n
$1,580,000 1..- now
6,100,000
2,000,000
1 800 000 i..- now
..mL..........:.J... '..,..,..'
500,000
600,000
$15,036,000
,.f~h1I~.A.~W.~~Lr.~Q,.~.!~!i21!,. ..W!:~P~~~~.~~m~:Q~l.
Future Ashland Distribution System Upgrades
Additional Lost Creek Water (increased costs)
TOTAL Costs:
Paid to date:
Total Future Costs:
$2,456,000
$12,580,000
These future costs could be funded through a combination of revenue sources including
Water SDCs approximately 75% of TAP Pipeline,
& 100% of the purchased water rights
approximatel y
Water Rates
$9,585,000
2,995,000
Bonds, loans or other initial funding will likely be required to cover the collection of SDCs.
Related City Policies:
Budget and CIP
Water Master Plans and Comprehensive Water Supply Plan
TAP Preliminary Engineering TM 1-4 (Carollo)
Page 3 of5
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CITY OF
ASHLAND
Council Options:
Staff is presenting three options for Council consideration:
1. Move forward with staffs recommendations to secure a site for the booster pump station in Talent.
Staff will bring a design and construction schedule to Council during the budget process that
reflects the following:
. Booster Pump Station Site Acquisition
. Final Design & Cost Benefit Analysis
. Permitting
. TAP lntertie Construction
April 2008
July 2008 - June 2009
June 2009 - September 2009
April 2010 - June 2011
2. Direct staff move forward with the first three steps:
. Booster Pump Station Site Acquisition April 2008
. Final Design & Cost Benefit Analysis July 2008 - June 2009
. Permitting June 2009 - September 2009
. TAP Intertie Construction Delay timing determination until completion of
final design and cost benefit analysis. Future
Council decision.
3. Redirect staff to move forward only with acquisition of the booster pump station site and delay any
final design on the TAP project until July 2013 to meet the prior explicit needs for the TAP intertie
connection of2016.
Potential Motions:
1. Council moves approval of the current schedule and directs staff to proceed as follows:
. Booster Pump Station Site Acquisition April 2008
. Final Design & Cost Benefit Analysis July 2008 - June 2009
. Permitting June 2009 - September 2009
. TAP Intertie Construction April 2010 - June 2011
2. Council moves approval of the current schedule and directs staff to proceed with the first three
steps:
. Booster Pump Station Site Acquisition
. Final Design & Cost Benefit Analysis
. Permitting
. TAP Intertie Construction .
April 2008
July 2008 - June 2009
June 2009 - September 2009
Delay timing determination until completion of
final design and cost benefit analysis. Future
Council decision.
3. Council moves to redirect staff to move forward only with acquisition of the booster pump
station site and delay any final design on the TAP project until July 2013 to meet the prior
explicit needs for the TAP intertie connection of2016.
Attachments:
TAP Alternative Routing Map
Page 4 of 5
CC TAP Future Nov07.doc
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r4.'
CITY OF
ASHLAND
Council Communication
Re uest for Ex
Meeting Date:
Department:
Secondary Dept.:
Approval:
ansion of a Sewer Service to the Willow Wind Educational Facili
January 15, 2008 Primary Staff Contact: James Olson, 552-2412 .
Public Works / Engi E-Mail: olsonj@ashland.or.us
Legal / Plannin Secondary Contact: Richard Appicello
Martha Benn Estimated Time: 15 minutes
Question:
Will Council approve a special contract to expand the existing sanitary sewer service to serve a
proposed building at the Willow Wind Educational Facility at 1497 East Main Street Located outside
and the urban growth boundary?
Staff Recommendation:
Staff recommends approval of the attached contract which will expend the existing sanitary sewer
service to include an approved barn reconstruction project.
Background:
The Willow Wind property is located on tax lot 391EI0B-200. The property, owned by the Ashland
School District, is outside both the city limits and the urban growth boundary. The 39.83 acre parcel
extends from East Main Street northerly approximately 3000 feet. The parcel is bisected by Bear
Creek and the Bear Creek trunk sewer line. A 20 foot wide easement was acquired for the trunk sewer
in August of 1961 from the previous property owner, Raymond C. Inlow. Although it is not a written
stipulation of the easement, it appears to have been common
practice in 1961 to offer sewer connections to properties
who granted the sewer easements. This appears to be the
case with the Willow Wind property as our records indicate
that the house was connected to the City sewer system on
June 28, 1963 and has been in service since that time. There
are several buildings on the property including the house,
several accessory buildings and a historic barn, but only the
house has been connected to the City sewer system.
Previously the properly and buildings functioned for several
years as the Waldorf School until it was acquired by the
Ashland School District in 2000.
The large barn has been unused and since the Willow Wind Educational Facility lacked space for large
group and performance events, the School District in 2004 adopted a plan for the renovation of the
barn. The renovation would create, within the barn, a multi-use building and performance auditorium.
Conceptual plans for the project have been submitted to and approved by Jackson County Planning and
Zoning. Prior to approval of the building permit, Jackson County must have a letter from the City
authorizing connection of the new multi-use building to the City sanitary sewer system.
Page I of 5
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~A~
CITY OF
ASHLAND
The plan for the new facility includes seven toilets and seven sinks in boys and girls bathrooms,
bathrooms in the backstage area and a service sink. Since the everyday use of the facility will be to
provide improved space for the existing program and will not increase the number of students, this is
primarily an offset usage from current sewer use generated from other parts of Willow Wind
Educational Facility. However, the facility will also be available to other schools in the District and to
the community as a whole on an occasional basis, so some increased use is anticipated. Since the
additional use will be at different hours than the hours of use by the existing program, no increase in
the size of the sewer connection should be necessary.
The Ashland School District and Willow Winds Faculty are requesting that the multiple use building
be connected to the existing sewer lateral that currently services the house (school). Charles
Greenwood PE has computed the potential sewage flow from the multi-use building and has
determined that it could be connected to the existing house service without detriment to either structure
(see attached letter of October 30, 2006). If such connection were authorized by Council, there would
be no sewer connection fee since this would not constitute a new service, only an expansion of the
existing service, and no work would be required of public works crews.
Sanitary sewer system development fees would however be applicable as a function of the plumbing
permit. Based upon the estimated' number of fixture units for the multi-use building, the SDC fees
would be approximately $1,540.00.
Related City Policies:
The Ashland Municipal Code Section 14.08.031 states that "Premises located outside the urban growth
boundary may be connected to the Ashland Sewer System when such connection is determined by the
Ashland City Council to be in the best interest of the City and to not be detrimental to the City's
sewage facilities."
The extension of sewer to properties outside the City's urban growth boundary is addressed not only
by City ordinance, but by Oregon Administrative Rule (OAR) 660-011-0060 as well. A key element of
OAR 660-011-0060 is the definition of a "sewer system" as an extension of a "sewer system" is not
permitted beyond the urban growth boundary. By OAR definition, a "sewer system" means a system
that serves more than one lot or parcel, or more than one condominium unit, or more than one unit
within a planned unit development. . .. A sewer service lateral to a single property under sole ownership
does not constitute a "sewer system." OAR 660-011-0060 further provides that it is not a violation to
extend sewer to a single parcel ofland so long as the parcel is not subsequently partitioned because of
the availability of sewer.
The interpretation of the above section of OAR constitutes a land use decision which required that
planning staff make a determination regarding the applicability of OAR 660-011-0060 and to notice
affected properties. Planning staff made the determination that the proposal to expand the existing
sanitary sewer service to the renovation of an existing building (i.e. barn structure) at the Willow Wind
Educational Facility at 1497 East Main Street is consistent with the provisions described under OAR
660-011-0060 - Sewer Service to Rural Lanes. On December 26,2007 notices were sent to 35
property owners within. the affected area stating the nature of the pending action with a deadline for a
request for public hearing of January 7,2008. The deadline passed without comment and there was
only a single call for additional information on the proposal.
Page 2 of 5
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!'A'1
CITY OF
ASHLAND
Sewer service may be provided to the multi-use building upon such terms and conditions as the council
deems appropriate, but only after the Council makes a determination that such connection is in the best
interest of the City. Under AMC 14.08.031 the City has two options for authorizing connection
outside the City limits and urban growth boundary. The first, listed as Option A, assumes that the
property is connected to a septic system which is failing or has failed. Option B is more applicable to
this situation and states that the City may provide sewer service outside the urban growth boundary by
special contract under such terms and conditions the Council may deem appropriate.
The attached contract, which has been reviewed by our legal department as well as by the school
district, addresses all of the applicable issues listed under AMC 14.08.031 Option A including:
a. service to buildings in place prior to 1973;
b. service does not require an extension of a sewer main;
c. facilities to be served are for school purposes and will remain so as long as the school operates;
d. the district agrees to pay SDC fees and monthly sewer service charges;
e. future expansion or development will only be allowed by written authorization of the City
Council.
Council Options:
· Council may deny the request for an expansion of the existing sewer service to the
Willow Wind Educational Facility, or;
· Council may approve the contract as presented to provide an expansion of the present
sanitary sewer service to the barn restoration project, or;
· Council may approve a modified contract to provide an expansion of the present
sanitary sewer service to the barn restoration project.
Potential Motions:
Council may move to deny the request to expand sewer serve to the barn restoration project.
Council may move to approve or modify the attached special contract to expand sewer service to the
barn restoration project.
Attachments:
Photos
Vicinity Map
Letter from Greenwood Engineering
Copy ofthe Barn Restoration Project Plans
Draft Contract
Notice ofPA #2007-02179
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CITY OF
ASHLAND
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l'A1
CITY OF
ASHLAND
Page 5 of5
CC Willow Wind Sewer Connect 15Jan08.doc
G:\pub-wrks\eng\dept-admin\ Waters\Sewer & Water Connections\CC Willow Wind Sewer Connect 15Jan08.doc
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\~ l tY~Oa!' c3/1f-v~~ P.O. BOX 1571, CAVE JUNCTION, OREGON 97523. (541) 592.4100
Jim Olson 30 October 2006
Director of Public Works
City Of Ashland
Ashland, Oregon 97520
RE: Willow Wind Barn Project Sewer Connection
Dear Mr. Olson:
The restored Willow Wind Barn, as modified for function as a School Assembly Facility, will
contain seven standard flush toilets, six single sinks (including two floor mounted janitor's sinks)
and one double sink in the service room.
The present facility totals nine flush toilets, one bath tub and eleven sinks. As the Barn Facility
will be used instead of the other campus buildings, the total fixture count essentially remains
constant - either the fixtures in the main and satellite buildings are in use OR the fixtures in the
Barn will be in use.
This is true for the vast majority of time, except when there will be some overlap activities.
However, no major event will take place in the Barn at the same time school is in session. Thus,
while it is possible that some flow will originate at the same time from both the Barn and the
other Campus fixtures, the total flow rate into the drain system will not exceed present usage.
Surge flow from large crowds (199 maximum occupancy) at the Barn are limited to the
combined flow rates of all toilet fixtures in operation, estimated not to exceed fifteen gallons per
minute total flow for up to thirty minutes in duration.
Plumbing Specifications are found on Sheets P-I and P-2 of the Construction Drawings.
Please do not hesitate to contact me directly if you have any questions regarding this matter.
Sincerely,
A:'~.'J cl a r)
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Charles S. Greenwood, P.E.
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SPECIAL CONTRACT TO EXPAND EXISTING SEWER SERVICES
This Agreement is made this day of , 2008, between the City of
Ashland, Oregon ("City), and Jackson County School District No.5, aka Ashland School District
("District").
Recitals:
A. District owns real property located outside the City's Urban Growth Boundary
("UGB") described on attached Exhibit "A" (the "Property").
B. In approximately 1963, a City main sewer line was installed across the Property,
and the Property has been connected to City sewer services ever since.
C. The Property is currently occupied by the Willow Wind educational facility,
which is part of the Ashland School District. Prior to its purchase by the District, it was
occupied by a private school facility which also used City sewer services.
D. District desires to extend the existing sewer line on the Property to serve new
fixtures it wants to include in a Barn Restoration Project on the Property. The Barn Restoration
Project is currently approved by Jackson County, with conditions found in file number SIT 2005-
00017. One of the County conditions of approval is that the City formally approve extension of
the existing sewer line to serve the Barn Restoration Project.
E. AMC Chapter 14, Section 14.08.031, Paragraph B (Ord 2704, 1993) allows the
City Council to provide sewer service outside the UGB by special contract, under such terms and
conditions as the Council deems appropriate when such connection is in the best interest of the
City. At a City Council meeting on December 18, 2007, the City Council made the following
Findings with respect to the District's request for an extension of the existing sewer line to serve
the Barn Restoration Project:
E.1.) A City main sewer line was installed across the subject Property sometime
in the early 1960's. The exact date is unknown, but the City's Public
Works Department believes it was in approximately 1963. The Property
has been connected to the City's sewer system since that time. No new
sewer will be added or extended to serve the Property as a result of this
Agreement.
E.2.) The exact date of construction of the Barn to be served by the extension is
not known, but the Barn and all other buildings on the Property were
completed and existing well before July 1, 1973.
E.3.) As determined by Jackson County in its approval of the Barn Restoration
Project, there are no existing sewage systems on the Property except for
the City's sewer line, service lateral and the extension of this lateral by the
Page 1 of 4 - Special Contract to Expand Existing Sewer Services
District does not conflict with the Jackson County Comprehensive Plan,
support documents, rules or regulations.
EA.) The Barn Restoration Project will become part of the Ashland School
District's Willow Wind educational facility. It will be used for
educational purposes in conjunction with the Willow Wind program, and
will also be available to the community for use when the Willow Wind
program is not in operation.
E.5.) The proposed extension of an existing sewer service line will not create a
significant increase on the City's sewer services, and will not be
detrimental to the City's sewage facilities.
E.6.) The District has agreed by contract not to expand the use of the proposed
extension to additional development without written permission from the
City, thereby ensuring that the City's sewer facilities will not be impacted
by additional development or a change in use without the City's
knowledge and permission.
E.7.) Based upon the above Findings and the provisions of the Special Contract,
the City finds that an extension of an existing City sewer service line as
proposed will be in the best interest of the City.
NOW, THEREFORE, it is agreed as follows:
1. SDC Charges. District agrees to pay the sanitary sewer Systems Development
Charges ("SDC Charges") established by the City Council.
2. Use and Benefit. The extension of the sewer line shall be solely for the use and
benefit of the Barn Restoration Project. Should use of the Property change in the future, the
owner must reapply to the City to approve the continued use of the extended sewer service line
for a different use.
3. Future Expansion. This Agreement shall not prevent District from expanding its
facilities on the subject Property for purposes of public or private school uses, in conformance
with Jackson County land development and zoning requirements. However, any further
extension of the City sewer line, or additional sewer connections, must be approved in writing by
the City at the time the owner makes an application to Jackson County for a project which
involves additional sewer connections or extensions.
4. Further Development. City acknowledges that the Property may be further
developed, subdivided, or partitioned as allowed under Jackson County land use and zoning
regulations, provided that in no event shall a higher density of residential development take place
than would be authorized without the presence of the City sewer system's connection, and
provided further that the City sewer line on the Property shall not be extended to serve additional
properties or development without the written consent of the City.
Page 2 of 4 - Special Contract to Expand Existing Sewer Services
5. Payment for Service. The City shall bill District for providing sewer services in
accordance with the City's standard requirements, and District shall pay all such billings timely.
If a bill is not paid by the next billing date, a notice complying with the then-current regulations
for utility services shall be given stating that service will be disconnected if the bill is not paid by
the date specified.
6. Terms of Service.
a.) District shall comply with all ordinances of City related to sewer service
and use. City shall have the right to terminate service for failure to comply with such
ordinances upon ten (10) days notice to District.
b.) Failure to pay charges when due shall automatically become a lien upon
the Property.
c.) A memorandum of this Agreement shall be recorded in the County Deed
Records, with the cost of recording to be paid by District.
d.) In the event District buildings legally connected to the City sewer system
are subsequently replaced for any reason, the replacement buildings may continue to be
connected to the sewer system of City without further agreement, as long as the use of the
sewer system will not be increased as determined by the Director of Public Works..
7. Default. Time is of the essence of this Agreement. There shall be a default under
this Agreement if either party fails to perform any act or obligation required of that party by this
Agreement.
a.) Before declaring a breach of this Agreement, the party claiming a failure
has occurred shall give written notice to the other party specifying the nature of the
breach with reasonable particularity. No default shall occur if the breach is remedied
within ten (l0) days after the notice is given.
b.) If the breach specified in the notice is of such a nature that a remedy
cannot be completely performed within the ten (lO)-day period, no default shall occur if
the party receiving the notice begins performance of the act or obligation within the ten
(lO)-day period and thereafter proceeds with reasonable diligence and in good faith to
effect the remedy as soon as practicable.
c.) If substantially the same breach for whi.ch notice was given recurs within
six (6) months, the party injured by such breach may declare a default by giving written
notice to the other party specifying the nature of the breach.
8. Remedies. In addition to the remedies specified elsewhere in this Agreement, if a
default occurs, the party damaged by the default may elect to terminate this Agreement and
pursue any equitable or legal rights and remedies available under Oregon law.
Page 3 of4 - Special Contract to Expand Existing Sewer Services
JACKSON COUNTY SCHOOL DISTRICT NO.5,
AKA ASHLAND SCHOOL DISTRICT
By: Juli Di Chiro
Its: Superintendent
Dated:
CITY OF ASHLAND, OREGON
By: Martha Bennett
Its: City Administrator
Dated:
Page 4 of 4 - Special Contract to Expand Existing Sewer Services
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Planning Department, 51 Win~t,v Way, Ashland. Oregon 97520
541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900
CITY OF
ASHLAND
PLANNING ACTION: PA #2007-02179
SUBJECT PROPERTY: 1497 East Main Street (Willow Wind Educational Facility)
OWNER/APPLICANT: Ashland School District
DESCRIPTION: The City of Ashland Planning Department has determined that the proposal to expand the
existing sanitary sewer service to serve the renovation of an existing building (i.e. barn structure) at the Willow
Wind educational facility at 1497 East Main Street is consistent with the provisions described under Oregon
Administrative Rule 660-011-0060 - Sewer Service to Rural Lands. COMPREHENSIVE PLAN DESIGNATION:
N/A - Outside Urban Growth Boundary; ZONING: Jackson County. Exclusive Farm Use (EFU); ASSESSOR'S
MAP #: 391E 10B; TAX LOT #:200
ASHLAND PLANNING DEPARTMENT STAFF PRELIMINARY APPROVAL: December 26,2007
DEADLINE FOR REQUEST FOR A PUBLIC HEARING: January 7, 2008
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The Ashland Planning Department Staff approved this request with applicable conditions on the approval date indicated above.
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, prior to 3:00 p.m. on the deadline date
shown above. The written request for the public hearing must include your name, address, the file number of the planning action and the specific
grounds for which the decision should be reversed. If you do not SPECIFICALLY REQUEST A PUBLIC HEARING by the time and date stated
above, 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 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
& Engineering Services Building, 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 (llY phone number 1-800-735-29O<i). 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).
If vou havA nlll~~tinn~ nr r.:nmmAnt~ r.nnrArninn thie: rllnllAe:t nlA:IIC:o flU". frAG +n "'nn+'3M +h.a. Aroh.I~,",,f DI~........:....... n.a"'~"'-'.a..... ...... I:.A 1_AQQ .I:..,nc::.
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Ashland Land Use Ordinance Amendments
12.18.07 Primary Staff Contact: Bill Molnar
Com unity Development E-Mail: bill@ashland.or.us
Secondary Contact: Maria Harris & Adam Hanks
Estimated Time: ] hour 30 minutes
Question:
Should the amendments to the Ashland Land Use Ordinance recommended by the Planning
Commission and Staff, which implement many of the changes described in Phase 1 of the Siegel report
and proposes changes to the city's permitting and appeal procedures be approved?
Staff Recommendation:
These amendments are recommended by the Ashland Planning Commission and Planning Division
staff after considerable discussion, hearings and deliberation.
Background:
In 2005, two reports were commissioned to address concerns raised by the Council and community
regarding conflicting and unclear portions of the land use ordinance and the planning process. The
Community Development and Planning Division Operational and Organizational Review by Zucker
Systems was completed in February 2006. This Review focused on the planning process and had a
short reference to procedural issues. The other report, known as the Siegel Planning Report, was
completed in April 2006. The Siegel Report focused specifically on the Land Use Ordinance.
From June 2006 until February 2007 a committee comprised of three members of the Planning
Commission, a City Councilor and a member of the Plmming Department staff reviewed the
recommendations of the Siegel Report. This committee identified issues within the Land Use Code
that needed clarification and could be accomplished.
From January through June 2007, past Community Development Director, David Stalheim, worked
with the Planning Commission to review the planning program in Ashland, including land use
procedures. This review also included an analysis of Oregon statutes and the application of procedures
in Ashland. The Director provided the Planning Commission with alternatives and recommendations
on procedures to consider.
On June 4,2007, the Community Development Director provided an update to the Mayor and City
Council on the Planning Commission work program and priorities, including proposed amendments to
the Ashland Land Use Ordinance.
On June 12,2007, the Ashland Planning Commission made a motion to initiate proposed amendments
to the Ashland Land Use Ordinance regarding proposed procedural changes.
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On July 24,2007, Community Development staff completed draft amendments to the Ashland Land
Use Ordinance that included both procedural changes and substantive amendments partially based on
the Siegel report. This draft was presented to and reviewed by the Ashland Planning Commission on
July 3],2007. The Planning Commission made a motion that a public hearing on the proposed
amendments to the Ashland Land Use Ordinance be scheduled on September] ],2007.
The Planning Commission held a public hearing on September] ] , 2007 and continued that public
hearing to October 4,2007. Public testimony provided orally and in writing was considered by the
Planning Commission, and many suggestions were incorporated into the Planning Commission
recommendations. (Testimony and minutes of public hearings and deliberation are attached.)
At the October 4th Planning Commission meeting, the Commission requested that a subcommittee of
the Planning Commission (the "Siegel" committee) composed of three Planning Commission members
(Stromberg, Fields and Morris) meet to review the ordinance in detail and provide recommendations
back to the full Planning Commission for consideration. The Planning Commission also voted to make
the following recommendation, which is outside this ordinance but is applicable to this amendment:
The Planning Commission recommends that the City Council not adopt fees for appeal of
Type J staff decisions to the Planning Commission or Hearings Board. The Planning
Commission feels that the new procedures should be given an opportunity to be enacted
before the city considers setting any appeal fees.
The "Siege]" committee provided recommendations and the Planning Commission deliberated on
October 23, 2007. At the October 23rd meeting, the Planning Commission voted 8 to 0 to recommend
that the City Council adopt the ordinance as attached. The Planning Commission also voted to table a
decision on the following items until more discussion and alternatives could be pursued.
]. Proposed amendments regarding residential uses on the ground floor in C-] and E-I zones
2. Proposed amendments regarding Vision Clearance
SUMMARY OF THE PROPOSED ORDINANCE AMENDMENTS
The proposed amendments can be broken into two areas:
1. Amendments that are considered useful and practical, as well as address interpretation issues or
minor policy issues in application of the code.
2. Changes to permit and appeal procedures.
Code Chan2.es
The following are the main areas proposed for amendment in the code.
· Lot Coverage - amends definition to make clear what is exempt.
· Gross Floor Area and Gross Habitable Floor Area - adds definitions to implement code
standards
· Site Design Standards ~ provides clarity to what triggers site design review.
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.
Setbacks, Yards and Half Story - add definitions that provide for how to measure multi-story
setbacks and define half-story.
North Mountain Zones -- Adopts standards for lot coverage or signs.
Accessory Residential Units, Density and MPFA in Multi-Family Zones - Allows for ARU
in the R-2 and R-3 zones as similarly allowed in R-l.
Tree Protection - requires more information and mitigation.
Nonconforming Uses and Structures - amends standards to provide clarity.
Mechanical Equipment -- Provides standards and exemptions for mechanical equipment,
including solar panels.
Permit Expiration - allows for just one extension for planning permits of] 8 months, and this
extension can be approved ministerial by staff
Official Maps - Re-adopts all land use maps into an electronic (GIS) mapping system. Adds
city property (5] Winburn and Library) to Detail Site Review zone.
.
.
.
.
.
.
.
Procedure Amendments
The changes can be grouped into the following functional areas:
· New Expedited Land Division procedures - new land division procedure required under
Oregon Revised Statute (ORS) for 3 or fewer parcels. No hearing can be held, but property
cannot be located within a historic district or on lands considered as Physical and
Environmental Constraints. An appeal of an expedited land division is permissible in
accordance with specifically prescribed procedures.
· Amended Type I Permit procedures - these are less complex planning actions handled by
staff and not subject to public hearing. Amendments would add a notice of application
procedure, include a notice of decision and eliminate the Planning Commission Hearings Board
review of staff decisions, instead making the staff decision final subject to appeal to the
Planning Commission. Note: As discussed above, the Planning Commission recommends that
the City Council not adopt fees for appeal of Type I staff decisions to the Planning Commission
or Hearings Board.
· Amended Type II Permit procedures - these are larger projects subject to hearings before
Planning Commission. Changes would amend the appeal procedures to City Council.
· Amended Type III Permit procedures - decisions of the Planning Commission on legislative
amendments, such as zoning and comprehensive plan map changes, would be
recommendations to the City Council, rather than final changes.
DETAILED DESCRJPTION OF THE PROPOSED ORDINANCE AMENDMENTS
Please see staff report dated October 24, 2007 for detailed description of the ordinance amendments.
PROCEDURAL - REQUIRED BURDEN OF PROOF
The Ashland Planning Commission initiated amendments to the Ashland Land Use Ordinance and
Comprehensive Plan in accordance with Ashland Land Use Ordinance 18.108.170.
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The state Department of Land Conservation and Development (DLCD) was noticed of the proposed
amendments in accordance with ORS ] 97.610. In accordance with Oregon State Law, a Measure 56
notice to property owners regarding any change in land use law that "adopts or amends an ordinance in
a manner that limits or prohibits land uses previously allowed in the affected zone" was sent to every
property owner of record within the city limits. Over 9,000 properties received notice.
According to ORS 227. 186, all legislative acts relating to comprehensive plans, land use planning or
zoning adopted by a city shall be by ordinance. The City Council shall hold a public hearing on the
amendment.
Related City Policies:
City of Ashland Comprehensive Plan
Council Options:
The Council has several options that they can consider. Before proceeding with laying out some of the
main policy issues before the Council, staff would like to note the issues that the Council would have
to face if only parts of this ordinance were adopted.
In drafting this ordinance, considerable time was taken by staff to ensure that references to other
sections of the Land Use Ordinance are not broken by this amendment. One of the more important
linkages in this draft is the changes to Chapter] 8.72, Site Design and Chapter] 8.] 08, Procedures. It
will not work to adopt one of these chapters and not the other. They have been restructured to have all
Procedure issues in the Procedure chapter, and site design standards in the Site Design Chapter.
Similarly, removing the Site Design and Procedure chapters from the remainder of the ordinance
causes some conflicts in references within the proposed ordinance. However, these conflicts can be
overcome with minor difficulty if the Council chose to segregate the Procedure and Site Design
chapters from the remainder of the ordinance.
Options Re2ardin2 Chan2es to Procedures and Appeals:
] . Take No Action. The first option is to not enact any changes to the procedures. Drawbacks
of that option include:
· Neighbors will continue to get a Notice of Decision on Type I applications, rather than a
Notice of Application AND Notice of Decision (the proposed procedures are required
by ORS)
· Additional clarity regarding planning actions and applicable procedures would be lost.
· Planning Commission Hearings Board would continue to be staffed, and Board
members would have to attend.
· Comprehensive Plan and Zoning Map amendments (Type III planning actions) would
continue to be final decisions of the Planning Commission, and not the City Council.
The positive aspects of not adopting any changes include:
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· Staff and the community are familiar with the existing procedures.
2. Council Appeals. The proposed changes to the procedures include some fundamental shifts
in how land use decisions are heard on review or appeal in front of the council. The first
question to the Council is:
"Does the Council agree that appeal of Planning Commission Land Use decisions:
aj Be addressed by Council?
bj Be addressed "on the record"?
The Council could choose to not be involved in appeals of Planning Commission land use
decisions. Options include appeal directly to LUBA, or appeal to a Hearings Officer.
If the Council wants to handle appeals, then the Council could choose either appeal on the
record or de novo public hearings. (Current procedures are de novo public hearings.)
If the Council chooses to keep the appeal procedures as drafted, it should be pointed out
that the Mayor and/or Council should specify rules as to how "on the record" appeals would
be handled. This authority is spelled out in Section] 8.] 08.] ] O. It would be very helpful to
have those procedures spelled out in advance of any "on the record" appeal. For example,
some of the rules that would need to be decided include:
· Are appeal arguments limited to written arguments only regarding the record? Or, will
oral arguments be allowed before the Mayor and Council?
· Will written arguments have to be fully prepared and presented during the appeal
window (13 days), or will the notice of appeal suffice with written arguments due at a
later date?
· Who is allowed to submit written or oral arguments? Just the appellants and applicant?
Any party to the action? Or anyone as long as the comments are limited to the record?
The second question regarding Council appeals is:
"Does the Council wa11l to continue with the ability to either appeal or call up Planning
Commission decisions for review?"
The ordinance as drafted eliminates the City Council as a party to land use actions that can
appeal Planning Commission decisions. The proposed amendments do retain the right of
the Council to "call up" items for review (18.108.070 B. 4.), whereby the Planning
Commission decisions could be affirmed, modified, reversed or remanded back to the
Planning Commission. The Council review, however, would be limited to the record and
public testimony would not be allowed (18.108.070 B.5.).
An option for the Council to consider include:
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1. The Council could choose not to have authority to "call up" Planning
Commission decisions for review. Having the Council "call up" items poses
concerns about bias, prejudgment and ex-parte contacts.
3. Type I Decisions. The proposed amendments have the final decision on Type I Planning
Actions assigned to the Staff Advisor, with de novo appeals of those decisions to the
Planning Commission or Planning Commission Hearings Board. This procedure eliminates
the "review" of Type ] planning actions by the Planning Commission Hearings Board. The
question for the Council is:
"Does the Council agree that Type I planning actions should be decided by the Planning
Director, subject to appeal to the Planning Commission or Hearings Board?"
Options for the Council to consider include:
1. Make no changes. Type] permits would be subject to continuing review and "call up"
to hearing by the Hearings Board or others.
2. Appeals of Type I decisions could be assigned to a Hearings Officer.
3. Appeals of Type ] decisions could be assigned to City Council, rather than Planning
Commission.
4. A two-step appeal process could be put in place, with the first appeal heard by the
Planning Commission and an appeal of that decision assigned to City Council, rather
than going directly to LUBA.
4. Type I and II Planning Actions. The proposed amendments move some Type II planning
actions to Type 1. Because the Procedures chapter has been restructured to make it clear
which conditional use permits are Type I permits, it is impossible to quantify this change.
The most noticeable difference is that the trigger for Detail Site Review applications going
to Type II would be based on the same overall floor area of the building, but not on the
length or width of the building (I 00 foot standard). In deliberations, staff and the Planning
Commission both felt that there are many other potential triggers for what should be a Type
II application, such as proximity to residential uses, visibility along arterials, historic
significance, etc. Rather than detail all the potential scenarios for Type II planning actions,
the ordinance continues to authorize the Planning Director to refer Type I planning actions
to a public hearing as a Type II application. Thus, any projects that should receive an initial
public hearing and consideration by the Planning Commission can be sent directly to
hearing. This discretion has been used successfully by the city for many years.
"Does the Council agree that the list of Type I planning actions decided by the Planning
Director is appropriate?"
There are many options for the Council to consider. The Council should go through the list
in Section I 8.1 08.040 and determine whether any of those planning actions should go
automatically to a Type II planning action process.
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Options Rel!ardinl! Code Amendments:
The Planning Commission considered options on certain parts of the proposed amendments. Severa]
of those topics were withdrawn by the Planning Commission for continued study. The following
changes that are proposed had options provided to the Planning Commission:
1. Lot Coverage definition.
a. Option to allow up to 5% additional lot coverage for porous solid surfaces, such as
patios paths, etc., but NOT including driveways. (This is the option recommended
in proposed amendments - ]8.08.]60.)
b. Option to allow up to 10% additional Jot coverage for porous solid surfaces,
including driveways.
c. Do Nothing. This continues to leave the definition vague as to what is considered
norma] water infiltration and whether gravel driveways are exempt or required to
meet Jot coverage.
2. Accessory Residential Unit standards in R-2 and R-3.
a. Option to allow 500 sq. ft. accessory residential unit without having to meet
minimum Jot size or density requirements in the R-2 and R-3 zones. Larger units
can still be permitted because multi-family zones allow additional units, but would
trigger density and Jot size requirements. (This is the option recommended in
proposed amendments - ]8.24.040 & ]8.28.040)
b. Option to allow 1,000 sq. ft accessory residential unit without having to meet
density requirements in the R-2 and R-3 zones. In the R-l zone, you can apply for
a 1,000 sq. ft accessory residential unit. Units of this size are not common as they
trigger additional parking requirements.
c. Do Nothing. This would still allow ARU's in R-2 and R-3, but they would be
subject to Jot size and density limitations resulting in potentially Jess density
allowed for these multi-fami]y zones than the R- I zone.
3. Items the Planning Commission Chose to Tab]e and Review
a. Proposed amendments regarding residential uses on the ground floor in C-] and E-]
zones (J 8.
b. Proposed amendments regarding Vision Clearance
Chanl!es from Planninl! Commission Draft:
There were some technical corrections that were made to the draft that the Planning Commission
reviewed and approved. These changes do not alter the substantive recommendation of the Planning
Commission, but are important for clarity.
] . Section 18.08. Definitions
The original draft included the addition of a definition for a daylight basement. Since the draft
already includes a definition for both a "basement" and "story", the "daylight basement"
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appears redundant, creates confusion in application and does not appear to be necessary.
Consequently, it is recommended that the definition not be included with the proposed
amendments.
Basement, daylight
~~u~~~~t where the building is situatcd on a slope and a perimeter \vall more than tV/cnty
(20) fcet in length is 6.5 feet or more above grade.
2. Section] 8. I 2.020, Classification of districts. For consistency throughout the code, the Detail
Site Review Zone should be used for the overlay name.
Design Review Overlay Detail Site review Zone DSR
3. Section] 8.72.030, Applicability. Mixed uses was added to acknowledge that residential uses
are pennitted in conjunction with non-residential use in commercial and other employment
zoning districts. Additionally, 2e was corrected to make clear that site review standards are
applied to the entire development, and is not limited to the evaluation of off-street parking and
landscaping.
A. Applicability. The following development is subiect to Site Design Review:
]. Commercial, Industrial ftflti Non-Residential and Mixed uses:
2. Residential uses:
frc. Residential developments when Goff-street parking or landscaping, in coniunction with
an approved Perfonnance Standards Subdivision required by ordinance and not located
within the boundaries of the individual unit parcel (e. g. shared parking).
4. Section] 8.72.080, Site Design Standards. The existing code requires non-residential
development to comply with site review standards regardless of size and does not exempt
developments of2,000 square feet or less.
C. The Site Design and Use Standards adopted by Ordinance No's. 2690, 2800,2825 and
2900, shall be applied as follows:
2. The Commercial, Emplovment, and Industrial Development standards in Section II.C.
shall be applied to non-residential development (e.g. public buildings, schools, etc.)
grcatcr than 2,000 square feet gross floor arca.
5. Section] 8.] 08.040.D.2.f. This section needed to be corrected because you do not have to be
adversely affected or aggrieved to file a reconsideration request.
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f. A statement that any person '.vho is adversely affected or aggrieved or who was mailed a
written notice of the Staff Advisor's decision may request reconsideration or appeal as
provided in ALUO 18. I 08.070(B)(2).
6. Section 18. I 08.050.A. 7. This section needs to be corrected to make it clear that anything not
designated as a Type 1 or Type ]I] Procedure is a Type 11 Procedure. Without this correction, it
appears that there might be a loophole in Site Design authority not identified as a Type 1.
7. Any other planning action not designated as subject to the Type I or Tvpe IIJ Procedure.
7. Amend Section 18. I 12.030, Revocation--permit expiration. A reference to "planning action" is
added in order to make this section more timeless so that is doesn't necessitate updating when
different planning approvals are deleted or added.
Any zoning permit or planning action planned unit development permit, site desi~ review,
conditional use permit, or variance granted in accordance with the terms of this Title shall be
deemed revoked if not used within one year from date of approval. Said permit shall not be
deemed used until the permittee has actually obtained a building permit, and commenced
construction thereunder, or has actually commenced the permitted use of the premises. The
Staff Aadvisor to the Planning Commission may grant an extension to this time period subject
to the Type I procedure set forth in Chapter 18.108 of this Title of the approval under the
following conditions:
8. Amend Section 18.1 12.040, Revocation---conditions violated. A reference to "planning action"
is added in order to make this section more timeless so that is doesn't necessitate updating
when different planning approvals are deleted or added.
Any zoning permit or planning action, planned unit development permitoutline or final plan
under the performance standards options, subdi'v'ision approval, site desi~ approval,
conditional use permit, or variance granted in accordance with the terms of this Title may be
revoked if any of the conditions or terms of such permit or variance are violated or if any law
or ordinance is violated in connection therewith.
Potential Motions:
I. Move to direct Staff to prepare an ordinance for first reading that includes the proposed
amendments to the Land Use Ordinance as recommended by the Planning Commission
and Staff.
2. Move to direct Staff to incorporate changes as directed by Council and schedule first
reading of the ordinance.
3. Move to deny the ordinance as proposed.
Attachments:
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· Staff Report on Amendments dated December] 8th, 2007
· Proposed Land Use Code Revisions - Planning Commission Draft 3 - clean
version/edits accepted
· Previous Packet Materials
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ASHLAND PLANNING DEPARTMENT
STAFF REPORT
December 18, 2007
PLANNING ACTION: 2007-0]283
APPLICANT: City of Ash]and
ORDINANCE REFERENCE:
] 8.08
] 8.] 2
] 8.] 4
] 8.] 6
] 8.20
] 8.22
] 8.24
] 8.28
] 8.30
] 8.32
] 8.40
] 8.52
] 8.54
] 8.6]
] 8.62
]8.64
] 8.68
] 8.72
]8.76
] 8.88
]8.92
] 8.96
] 8.] 08
]8.] ]2
REQUEST:
Definitions
Districts and Zoning Map
W-R Woodland Residential District
R-R Rural Residential District
R-] Single Family Residential District
R-] -3.5 Suburban Residential District
R-2 Low Density Multiple-Family
Residential District
R-3 High Density Multiple-Family
Residential District
NM North Mountain Neighborhood
C-] Retail Commercial District
E-] Employment District
M-] Industrial District
HC Health Care Services Zone
Tree Preservation and Protection
Physical and Environmental Constraints
SO ~ Southern Oregon University (SOU)
District
General Regulations
Site Design Review
Partitions
Performance Standards Options
Parking
Sign Regulations
Procedures
Enforcement
The request involves the adoption of a variety of code amendments to the Ashland Land Use
Ordinance.
Planning Action 2007-01283
Applicant: City of Ashland
Ashland Planning Department - Staff Report
Page 1 of 9
I. Detailed Description of Proposed Procedural Amendments
A. Expedited Land Divisions
One of the amendments to the Land Use Ordinance is the addition of the Expedited Land
Division procedure required under Oregon statutes. This procedure is required under
Oregon statute, but has not been written into the city's code. An expedited land division
under ORS ] 97.360 is an action for land zoned residential in an urban growth boundary
that creates enough lots or parcels to allow the building of residential units at 80% or
more of the maximum net density permitted by the zoning designation of the site.
The Expedited Land Division allows for the creation of three or fewer parcels and
requires compliance with street and other standards of the city. Expedited Land Divisions
would not be authorized in historic districts or on lands subject to the Physical and
Environmental Constraints review chapter of the Ashland Land Use Ordinance (18.62).
According to State statute, if an Expedited Land Division is appealed, a "referee" who is
not a city employee or official (including Planning Commission members) is required to
decide the appeal. Under this proposal, the 'referee' could be hired under contract by the
City Administrator.
The Expedited Land Division section from ORS ] 97.360 has been taken basically
verbatim from the statute with the exception of authorizing the City Administrator to hire
the referee.
B. Staff Permit & Type I Planning Action Procedural Modifications
The current procedure for Staff Permits is removed from the proposed ordinance. The
Staff Permits are currently processed in a manner similar to the Type] Planning Actions
but they are on a different timeline and have a smaller notice area. Their incorporation
into the Type I process would allow staff to follow common timelines and notice
procedures, expand the neighborhood notice area and would allow for the decisions to be
reconsidered or appealed. As proposed, Staff permit applications would proceed as Type]
permit.
C. Staff Decisions Final - Type I
The current ordinance has staff approve all Type] permit applications, subject to
"review" by the Planning Commission Hearings Board before they become final. This
review is done without a public hearing. The proposed changes would make the staff
decision final, subject to either a reconsideration process or appeal to the Planning
Commission for a public hearing. A Notice of Application is added to the process to
notify neighbors of pending applications, not just a Notice of Decision.
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D. Type I Planning Actions -- Reconsideration and Appeal
A reconsideration process is proposed to be added to the procedures. This
reconsideration process is an effort to avoid appeal when a factual error has occurred in
the decision making process. The Planning Director would review the request and, if
reconsideration is granted, the appeal process is stopped until a revised decision is sent
out to all concerned parties of the action.
An appeal of the Planning Director's decision on Type I planning actions will be to the
Planning Commission. The appeal, in accordance with ORS 227. 175, must be a de novo
hearing. The amendments propose that the Planning Commission would be the city's
final hearing authority and further appeals could be made to the Land Use Board of
Appeals (LUBA).
E. Type]] Planning Action Procedural Modifications - Initial Evidentiary Hearing
To afford the decision makers with ample opportunity for review, study and preparation
of questions, an initial evidentiary hearing is authorized in the new procedures
(18.108.050 B). This allows for information to be submitted early in the process that aids
the decision makers and allows for the incorporation of the information into the final
analysis and recommendations of the planning staff. The initial evidentiary hearing could
be likened to a neighborhood meeting, but, the input would be recorded and transmitted
to the Planning Commission for inclusion in the public record and their review and
deliberation. Staff would develop internal procedures on when such initial evidentiary
hearings might be utilized. This is an optional process in the code amendments and do
not have to be utilized.
F. Type]] Planning Actions -- Reconsideration and Appeal
Similar to the reconsideration process outlined for Type I Planning Actions, a
reconsideration process is also proposed to be added to the Type II Planning Action
procedures. When a factual error has occurred in the decision making process at the
Planning Commission, a reconsideration request can be made to the Planning Director.
The reconsideration request would be limited to factual errors and would not include the
failure to raise an issue during the public input portion of the application. The Planning
Commission then affirms, modifies or reverses the original decision. Notice of the
reconsideration decision would be provided to any party entitled to notice of the planning
action.
An appeal of the Planning Commission's decision will be to the City Council. The appeal
would be on the record of the Planning Commission. This would allow for the public's
concerns to be addressed early in the process, would minimize the introduction of new
evidence during an appeal proceeding, and would set limits on when the record should be
closed. In the event that there was a factual error in the record, or new information is
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Ashland Planning Department - Staff Report
Page 3 of 9
brought up that was not known previously, the new procedures authorize the City
Administrator to review appeals to determine whether additional testimony and evidence
could be provided at the appeal before City Council.
The proposed procedures do not allow the Council to appeal Planning Commission
decisions, but does allow for the Council to "call up" an item for review. If the Council
calls the item up and there is not any appeal also pending on that action, the call up would
be considered on the record and no public hearing would be allowed. The proposed
amendments requires the Council, or the Mayor in the absence of Council rules, to set
forth the procedure for the conduct of "on the record" appeals.
G. Notice Requirements
~nder current procedures for Staff Permits and Type I Planning Actions, the Staff
Advisor shall approve, approve with conditions or deny an application within l4 days
after receipt of a complete application. The Staff Advisor writes findings and conclusions
to justify the decision. Then, a notice of the decision is mailed within seven days of the
decision to all property owners compiled from the most recent property tax assessment
roll within] 00 feet of the subject site for Staff Permits and 200 feet of the subject site for
Type I Planning Actions. A sign noticing the decision is also placed on the subject site.
Persons to whom the notice is mailed then have] 0 days from the date of mailing in
which to request a public hearing. A hearing is then scheduled for the next regularly
scheduled Planning Commission or Hearings Board meeting. The decisions for Type I
Planning Actions become final when reviewed by the Planning Commission Hearings
Board.
According to state law (ORS ] 97.] 95), the city shall provide written notice to owners of
property within lOO feet of the entire contiguous site for which a complete application is
made. A ] 4-day period for submission of written comments prior to the decision is
required. Following the l4-day comment period, the city shall provide notice of the
decision to the applicant and any person who submits comments. The notice of decision
must include an explanation of appeal rights and briefly summarize the local decision
making process for the land use decision being made.
The proposed amendments follow state law requirements for notice of application and
notice of decision. The change would eliminate the lOO foot noticing distance currently
used for staff permits and would standardize all notice distances at 200 feet. A sign
noticing the land use application would be posted on the site and the application would be
available for review on the city's website. The proposed notice of application will
provide a better opportunity for the public to comment on applications prior to decisions
being made.
H. Type III Planning Actions
The current ordinance authorizes the Planning Commission to make final decisions on
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Applicant: City of Ashland
Ashland Planning Department- Staff Report
Page 4 of 9
Zone Changes or Amendments to the Zoning Map or other official maps, except for
legislative amendments and Comprehensive Plan Map Changes or changes to other
official maps, except for legislative amendments. However, these types of amendments
can only be adopted by ordinance under state law, which is a power reserved to the Mayor
and City Council. The amendment would state that the Planning Commission decision
would be a recommendation to the Mayor and Council for these types of amendments. If
the Council favors this amendment, staff has identified a minor inconsistency in the
proposed language that would need to be corrected.
I. Appeal Fees
Currently no fees are prescribed in the ordinance though the collection of appeal fees
could be authorized by resolution of the City Council. According to state law (ORS
227.] 75) fees may be set for appeals. The maximum fee that can be charged is $250
when there has not been a public hearing on a land use application. If an appellant
prevails at the hearing or in subsequent hearings, the fee for the initial hearing must be
refunded. The fee would not apply to appeals made by neighborhood or community
organizations recognized by the governing body and whose boundaries include the site.
This fee limitation would only apply to Type I planning actions because the proposal is to
have a staff decision subject to a de novo public hearing.
This ordinance does not establish fees. Any adoption of fees by the city must be done by
action of the City Council. The Planning Commission has made a recommendation that
the city not charge fees for appeal of Type I staff decisions to the Planning Commission at
this time. They noted that there should be a time period of implementing these changes
before any consideration to adopt appeal fees.
J. Detailed Description of Proposed Code Amendments
Easier to Read
· Conditional use permits. The current code has requirements for conditional use
permits scattered throughout. The proposed amendments list the conditional use
permits by zone, so a reader knows all the potential conditional use permits
allowed in each zone.
· Site Design versus Procedures. The Site Design chapter (I 8.72) is currently a
blend of both standards and procedures. The procedures are removed from this
chapter and put into the Procedures (] 8. ] 08) chapter. At the same time, an
attempt is made to make clear what development is subject to Site Design Review
and what is exempt.
· Def"mitions. Definitions are amended and new ones added that were not
previously included in the code but are necessary in the application of the code.
Interpretation and Internal Consistency Issues
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Ashland Planning Department - Staff Report
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Every day, planning staff and customers struggle with the meaning or requirements of
certain sections of the code. In some circumstances, the intent is clear and a staff
decision can be made. In other cases, either the intent is not known or is in question.
There are also circumstances where the code can be written to provide better direction.
The following are the primary examples of these code amendments:
· Lot Coverage. The current definition of Lot Coverage uses words that do not get
to the intent of the requirement. Words such as "structure" (could include dog
houses, bird houses, etc.), "soil disturbances" and "normal water infiltration" (no
definitions). Customers often argue that gravel driveways should be exempt from
the requirement, but the question is whether a gravel driveway would allow
"normal water infiltration." Staff has exempted decks with spacing that allows
water infiltration, but not patios with concrete pavers. Technically, the ordinance
would require staff to measure walkways in gardens. The proposed definition
provides an exemption for some porous solid surfaces and makes the definition
much easier to administer.
· Gross Floor Area and Gross Habitable Floor Area. There are several
standards in the code based on gross floor area or gross habitable floor area.
These standards include accessory residential units, base densities, MPF A in
historic districts, residential uses in the C-l and E-l districts, FAR definition in
site design, big box ordinance, and parking standards. New definitions are added
that are easy to administer and consistent with each other. The definitions
measure to outside surfaces of the building(s).
· Site Design Standards. Some development triggers Site Design Review, but
what standards should be applied is not always clear. Examples of this include
attached single family housing (e.g. townhouses) and non-residential development
(e.g. schools) in residential zones. The proposed amendments identify what
standards those types of uses should meet. In addition, the applicability of the
Site Design standards to other types of development is made clear, including the
expansion of impervious surface, alterations which affect circulation, and
alterations to historic buildings.
· Expiration Dates. Site Design Review approvals were never set to expire if not
acted upon. A one year limit is proposed. Tree removal permits are the only
planning action that had six month permits; these are proposed to change to 1 year
permits. Partitions are proposed for 18 months.
· Maps. Many of the maps that set standards and regulations are hand drawn maps
within booklets. As such, these maps were never in an electronic database or
applied to parcels. The city's GIS staff has worked to apply these old maps to
current technology. The Detail Site Review map has been amended to include the
city's facilities at 51 Winburn (Community Development/Engineering) and the
City Library. Finally, there is not an official zoning map that can be found by the
City Recorder. As a result, the amendments would readopt the maps in a new
electronic format, which will then be available by the City Recorder within the
new ordinance.
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Amendment to Standards
.
Flag Drive Turnarounds. The Fire Department indicated that the City Council
directed staff to bring an actionable item to them amending the requirement for a
fire apparatus turn-around at the end of ISO' dead ends rather than 250' dead ends.
This change would make the Ash]and Land Use Code consistent with the Oregon
Fire Code.
Setbacks and Yards. It is standard practice to have building setbacks. The code
uses the word "yard", as in a required] 5' front yard. The ordinance also did not
provide clarity on how setbacks or yards were determined for multi-story
buildings. Whi]e it would be advantageous to go through the entire ordinance and
address the distinction between yard and setback, a simpler route was taken by
revising the definition of setback (and adding a new definition of Setback,
Special) and by providing clarity as to how setbacks are measured in multi-story
buildings.
Story and Half Story. Some zoning districts allow 2 V2 stories, or 35 feet in
height, whichever is Jess. However, there is not a definition of"ha]f story" in the
current ordinance. The proposed "ha]f-story" definition, along with the definition
of "basement" work to clarifY the allowable number of floor levels, particularly
when structures are adjacent to rear yard setback lines.
North Mountain Zones. When the North Mountain zones were adopted,
standards for lot coverage or signs in the commercial areas were unintentionally
not included. Standards consistent with the plan are proposed.
Accessory Residential Units, Density and MPFA in Multi-Family Zones.
Under the current standards, it is possible to have more density and Maximum
Permitted F]oor Area (MPF A) in the R-] single family district than in the R-2 or
R-3 multi-family districts. This is due to the fact that in multi-family zones, there
wasn't any such use as an "accessory residential use" (ARU) since multi-family is
allowed and not considered "accessory". The proposed amendments define
accessory residential use, which extends that definition to R-2 and R-3 zones
when associated with a single family dwelling. The proposed ordinance allows an
ARU in the R-2 and R-3 zones at 500 square feet or 50% of the single family
dwelling, whereas in the R-l zone you are allowed by conditional use permit a
1,000 square foot ARU or 50% of the single family dwelling. There are various
reasons the Planning Commission chose to have a different standard, including the
fact that in the R-2 and R-3 zones you could still do a bigger unit but would have
to meet density and lot size requirements.
Tree Protection. The current ordinance does not offer protection for trees on
adjacent properties that might have driplines overhanging the site of proposed
development. A requirement to identifY those trees is added (J 8.61.050). The
ability to require the installation of larger trees when replacing a visual screen that
is removed is added (J 8.61.084).
Nonconforming Uses and Structures. The existing standards have
contradictions and do not properly reference criteria. A nonconforming use may
.
.
.
.
.
.
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be changed or a nonconforming structure enlarged when authorized in accordance
with the "procedure" in the Conditional Use Permit (CUP) chapter. lt has been
argued that the procedures for Conditional Use permit are notice requirements,
and not criteria. A reference to two of the three conditional use permit criteria is
added.
The second problem with this section is that it appears to require a CUP
when reconstructing or structura]]y altering a nonconforming structure. However,
there are no definitions as to what reconstruction or structural alteration means,
and the third criteria allows this to occur as long as the footprint is not changed in
size or shape. The changes proposed would require a CUP only when the
structure is enlarged or extended. A nonconforming structure could be
structurally altered (enlarged is stricken) without a CUP; however, the use cannot
change without a CUP. For example, if a garage had a nonconforming setback, it
could be structura]]y altered unless the use changed, such as to a residential unit.
Then, a conditional use permit would be required.
· Mechanical Equipment. The existing code does not appear to provide any clear
exemption from Site Design Review for mechanical equipment, nor does it
provide exemptions for placement into yards, etc. There are several amendments
proposed that address this issue.
o Defmitions. Removes the exemptions from the definition and puts these
exemptions into the Site Design Chapter.
o Setback Exception. Mechanical equipment and associated enclosures
that are not taller than a]]owed fence heights is proposed to be a]]owed
within required side or rear yards. If this equipment is insta]]ed, it must
conform to other provisions of the Ashland Code, including noise
attenuation. (See 18.68. 140)
o Site Design Review Exemptions. Three exemptions are provided in
Section 18.72.030(B). The first is an exemption for roof-mounted solar
collection devices unless within the Employment and Commercial zoned
properties in an historic district. The second is the insta]]ation of
mechanical equipment not visible from the street or adjacent residential
property. The third is for the routine maintenance and replacement of
existing mechanical equipment. The other exemptions are required by
federal law for amateur radios and sate]]ite dishes.
· Permit Expiration. The current ordinance a]]ows two extensions of one year
each for planning actions. These extensions must be approved with a Staff Permit
procedure requiring notice, etc. The permit approval can only be extended when
the ordinance has not changed, or the applicant agrees to abide by any changes in
the ordinance. The proposed amendment would a]]ow for just one extension of I 8
months, and this extension can be approved ministerial by staff with the same
requirement that the code has not changed or the applicant agrees to abide by any
code changes. (See 18. I 12.030)
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Ashland Planning Department - Staff Report
Page 8 of 9
K. Input on Proposed Amendments
The proposed amendments were sent to and reviewed by the city's Historic
Commission, Tree Commission and Housing Commission.
The Historic Commission focused on the definition of half-story and non-conforming
structures. Changes to both sections were made as a result of their input.
The Tree Commission did not have a quorum, but the amendments were sent to all
current members. Only one member sent staff questions, which were resolved in staff
responses.
The Housing Commission's Land Use Subcommittee and the full commission
reviewed the proposal. The Land Use Subcommittee did not raise any specific issues
with the proposed amendments. The full commission did support the ordinance
provisions applicable to housing, with the following adjustment:
· Allow Accessory Residential Units less than 500 square feet to be a permitted
use in the single family zones (they are currently a conditional use).
Although notices were sent out to all property owners within the city, and although
staff received a considerable volume of phone calls, only limited written comments on
the draft ordinance were provided (attached). Many of the issues raised in written
correspondence have been incorporated into the proposed amendments.
40
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Page 9 of 9
HLAND PLANNING DEPA MENT
STAFF REPORT
December 18, 2007.
PLANNING ACTION: 2007-01283
APPLICANT: City of Ashland
/
,I
/
18.08/
18.1;2
18~4
/8.16
/ 18.20
18.22
18.24
ORDINANCE REFERENCE:
18.28
18.30
18.32
18.40
18.52
18.54
18.61
18.62
18.64
18.68
18.72
18.7
.88
18.92
18.96
18.108
18.112
Definitions
Districts and Zoning Map
W-R Woodland Residential District
R-R Rural Residential District
R-1 Single Family Residential District
R-1-3.5 Suburban Residential District
R-2 Low Density Multiple-Family
Residential District
R-3 High Density Multiple-Family
Residential District
NM North Mountain Neighborho
C- I Retail Commercial Dist .
E- I Employment Distric
M-llndustriaIDist.
HC Health Car ervices Zone
Tree Prese ion and Protection
Physica nd Environmental Constraints
SO outhem Oregon University (SOU)
stri ct
General Regulations
Site Design Review
Partitions
Performance Standards Options
Parking
Sign Regulations
Procedures
Enforcement
e amendments to the Ashland Lan
Planning Action 2007-01283
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Ashland Planning Department - Staff Report
Page 1 of 9
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 18 OF THE ASHLAND
MUNICIPAL CODE; PROVIDING FOR REVISIONS TO DEFINITIONS
AND,ZONING DISTRICT CLASSIFICATIONS, PROVIDING FOR
REVISIONS TO CONDITIONAL USE STANDARDS AND GENERAL
REGULATIONS FOR THE FOLLOWING ZONING DISTRICTS:
WOODLAND RESIDENTIAL, RURAL RESIDENTIAL, SINGLE FAMILY
RESIDENTIAL, SUBURBAN RESIDENTIAL, LOW DENSITY MUL TI-
FAMILY RESIDENTIAL, HIGH DENSITY MULTI FAMILY RESIDENTIAL,
NORTH MOUNTAIN NEIGHBORHOOD, RETAIL COMMERCIAL,
EMPLOYMENT, INDUSTRIAL, HEALTH CARE SERVICES AND
SOUTHERN OREGON UNIVERSITY; PROVIDING FOR REVISIONS TO
CHAPTERS FOR TREE PRESERVATION AND PROTECTION, PHYSICAL
AND ENVIRONMENTAL CONSTRAINTS, GENERAL REGULATIONS, SITE
DESIGN REVIEW, PARTITIONS, PERFORMANCE STANDARDS OPTION
, PARKING, SIGNAGE, PROCEDURES AND ENFORCEMENT,
PROVIDING ALSO FOR CORRECTIONS TO AND ADOPTION OF
OFFICAL MAPS, INCLUDING ZONING AND OVERLAY MAPS IN
DIGITAL FORMAT
(PA: 2007-01283).
Annotated to show deletions and additions to the code sections being modified. Deletions
are bold struck through and additions are bold or underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions, statutes,
and common law of the United States and of this State expressly or impliedly grant
or allow municipalities, as fully as though this Charter specifically enumerated each
of those powers, as well as all powers not inconsistent with the foregoing; and, in
addition thereto, shall possess all powers hereinafter specifically granted. All the
authority thereof shall have perpetual succession.
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. City of
Beaverton v. International Ass'n of Firefiqhters. Local 1660. Beaverton Shop 20 Or. App.
293,531 P 2d 730, 734 (1975; and
WHEREAS, pursuant to ORS 227.186 the Ashland Planning Department provided written
individual notice of the initial hearing of the above-described proposed changes to all
property owners in the City of Ashland; and
WHEREAS, the City of Ashland Planning Commission considered the above-referenced
ordinance amendments and recommended approval to the City Council on October 23,
2007; and
October 12, 2007 Draft
- 1 -
WHEREAS, the City Council of the City of Ashland conducted a public hearing on the above-
referenced amendments on December 18, 2007 and left the record open until January 15,
2008.
WHEREAS, the City Council of the City of Ashland has determined that in order to protect
and benefit the health, safety and welfare of existing and future residents of the City, it is
necessary to amend the Ashland Land Use Ordinance in manner proposed, that an adequate
factual base exists for the amendments, the amendments are consistent with the
comprehensive plan and that such amendments are fully supported by the record of this
proceeding.
NOW THEREFORE,
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1, Section 18.08.071 - Definition: Accessory Residential Unit, is added to
the Ashland Municipal Code, and reads as follows:
18.08.071 Accessory Residential Unit, A second dwellina unit either
attached to a sinale familv dwellina or located on the same lot with a sinale
familv dwellina and havina an independent means of access.
SECTION 2, Section 18.08.078 - Definition: Basement, is added to the Ashland
Municipal Code, and reads as follows:
18.08.078 Basement. That portion of a buildina with a floor-to-ceilina heiaht
of not less than 6.5 feet and where fifty percent (500/0) or more of its
perimeter walls are less than six (6) feet above natural arade and does not
exceed twelve (12) feet above finish arade at any point.
SECTION 3, Section 18.08.090, Boarding-room house, of the Ashland Municipal
Code, is amended to read as follows:
18.08.090, Boarding-room house. A dwelling or part thereof, other than a hotel or
motel, where lodging with or without means is provided, for compensation, for three
(3) or more persons, for a minimum period of thirty (30) days.
SECTION 4, Section 18.08.160 - Definition: Coverage, lot or site, of the Ashland
Municipal Code, is amended to read as follows:
18.08.160, Coverage, lot or site. Total area of all strl:letl:lres, buildinas. parking
areas, J'aved driveways, or other solid surfaces sail distl:lrbanees that will not
allow normal water infiltration to the ground. Up to five percent (SOlo) of the
lot area having porous solid surfaces, such as paths, patios, decks, and
similar surfaces is exempt from lot coveraae reauirements. The coverage is
expressed as a percentage of such area in relation to the total gross area of the lot
or site. Landscaping which does not negatively impact the natural water retention
and soil characteristics of the site shall not be deemed part of the lot or site
coverage.
SECTION 5, Section18.08.2S6 - Definition: Floor areas, gross habitable, is added
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 2 -
To the Ashland Municipal Code, and reads as follows:
18.08.256 Floor areas, aross habitable. The total area of all floors in a
dwellina measured to its outside surfaces that are under the horizontal
oroiection of the roof or floor above with at least seven (7) feet of head
room, excludina uninhabitable soaces accessed solelv bv an exterior door.
SECTION 6, Section 18.08.257 - Definition: Floor area, gross, is added to the
Ashland Municipal Code, and reads as follows:
18.08.257 Floor Area, aross. The total area of all floors in a buildina
measured to the outside surfaces that are under the horizontal oroiection of
the roof or floor above.
SECTION 7, Section18.08.281 - Definition: Ground floor, is added to the Ashland
Municipal Code, and reads as follows:
18.08.281 Ground Floor. The first floor of a buildina other than a cellar
or basement.
SECTION 8, Section 18.08.291 - Definition: Historic District, is added to the
Ashland Municipal Code, and reads as follows:
18.08.291 Historic District. A district identified as historicallv sianificant
under the Citv of Ashland Comorehensive Plan and its imolementina
reaulations (e.a. overlav zones).
SECTION 9, Section 18.08.485 - Definition: Mechanical Equipment, of the Ashland
Municipal Code, is amended to read as follows:
18.08.485, Mechanical equipment. Equipment or devices installed for a use
appurtenant to the primary use. Such equipment shall include heating and air
conditioning equipment, solar collectors, parabolic antennas, disc antenna, radio or
TV receiving or transmitting antennas, and any power generating devices. ~
fellewi..g equipMe..t er Ele....iees are exeMpt:
A. Prh..ate, ..e.. eeMMerdal raElie a..EI teleidsie.. a..te....as ..et
exeeeEli..g a height ef sei."e..t,," (79) feet abe"."e graEle er thirt't" (39)
feet abe,."e a.. existi..g strtldure, T.';hiehe'..er height is greater. Ne part
ef such a..te....a shall be withi.. the ,"arEls requireEl bj" this Chapter. A
builEli..g perMit shall be requireEl fer a..y a..te....a Mast, er tewer e'."er
fifty (59) feet abe'i'e graEle er thirty (39) feet abe'..e a.. existi..g
strudure v;he.. the saMe is ee..strudeEl e.. the reef ef the strudure.
B. Parabelie a..te....as u..Eler three (3) feet i.. EliaMeter.
SECTION 10, Section 18.05.530 - Definition: Parking Space, of the Ashland
Municipal Code, is amended to read as follows:
18.05.530, Parking Space, A space designed and designated to provide parking
for a motor vehicle and in comoliance with Chapter 18.92 parking
standards. A reda..gle ..et less tha.. eightee.. (18) feet le..g a..EI ..i..e (9)
feet wiEle tegether T.",ith access a..EI Ma..eu-..eri..g spaee suffieie..t te perMit a
sta..ElarEl auteMebile te be parl(eEl withi.. the reda..gle T.",itheut the
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 3 -
"eEessit', af ...avi"g ather wehides, said reda"gle ta be laEated aft af the
street right af wa't".
SECTION 11, Section 18.08.595 - Definition: Planning Application, Planning
Action, of the Ashland Municipal Code, is amended to read as follows:
18.08.595, Planning application: plannina action, A planning application is an
application, other than an application for legislative amendment, filed
pursuant to the requirements of this ordinance. A planning action is a
proceeding pursuant to this ordinance in which the legal rights, duties or privileges of
specific parties are determined, and any appeal or review of such proceeding,
pursuant to the provisions of this ordinance. A planning action does not include a
ministerial action or a legislative amendment.
SECTION 12, Section 18.08.601 - Definition: Porch, enclosed/unenclosed, is
added to the Ashland Municipal Code, and reads as follows:
18.08.601 Porch, enclosed/unenclosed. Covered porches, exterior
balconies, or other similar areas attached to a buildina and havina
dimensions of not less than six (6) feet in depth by eiaht (8) feet in lenath.
"Enclosed means the porch contains wall(s) that are more than forty-two
(42) inches in heiaht measured from finished floor level, for fifty ~ercent
(500/0) or more of the porch perimeter. "Unenclosed" means the orch
contains no such walls, but it may be covered.
SECTION 13, Section 18.08.602 - Definition: Porous Solid Surface, is added to the
Ashland Municipal Code, and reads as follows:
18.08.602 Porous Solid Surface. Porous solid surface is a permeable
surface built with an underlYina stone reservoir that temporarily stores
surface runoff before it infiltrates into the subsoil. Porous solid surfaces
include pervious asphalt, pervious concrete, arass or permeable pavers, or
decks that allow runoff to infiltrate the subsoil beneath the deck.
SECTION 14, Section 18.08.616 - Definition: Reconstruct, is added to the Ashland
Municipal Code, and reads as follows:
18.08.616 Reconstruct. To recreate or reassemble a structure or buildina
with a new or replacement structure that recreates or reproduces its form,
shape and location as oriainally built.
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 4 -
SECTION 15, Section 18.08.650 - Definition: Setback, of the Ashland Municipal
Code, is amended to read as follows:
18.08.650, Setback. The horizontal perpendicular distance from a lot line to
the closest part of a building or structure that is subject to a setback or yard
requirement. Architectural projections may intrude into required setbacks
as set forth in Section 18.68.040. When multi-story setbacks are specified,
the setback for a story above the ground floor is measured horizontally from
the lot line to the plane of the nearest wall of the upper story. The dista"ce
bet"'iee" the CE::"ter li"e af a street a"d the special base Ii"e setbacl( fram
which "fard measureme"ts are made, measured hariza"tall", a"d at right
a"gles fram said ce"ter Ii"e.
SECTION 16, Section 18.08.651 - Definition: Setback, Special, is added to the
Ashland Municipal Code, and reads as follows:
18.08.651 Setback, Special. The distance between the center line of a
street and the special base line setback from which yard measurements
are made, measured horizontally and at riQht anQles from said center line.
SECTION 17, Section 18.08.661 - Definition: Story, half, is added to the Ashland
Municipal Code, and reads as follows:
18.08.661- Story, half. A half story is a space under a sloping roof that has
the line of intersection of the roof and exterior wall face not more than
three (3) feet above the floor level below and in which space the floor area
with head room of five (5) feet or more occupies no more than fifty percent
(500/0) of the total floor area of the story directly beneath.
.,..
, fT:.[MA..q
r-
.~lty
1
L,..t.e<c:t~ ......iIItIir'A .~..
Sloping Roof Half Story. If Floor Area "Au is no
more than 50% of Floor Area "Bu - then "Au is a
half story. If the wall face is more than three (3)
feet above the floor level below at the rear or
side yard setback line, then it shall be considered
a full story for purposes of setback
measurements.
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 5 -
SECTION 18, Section 18.08.662 - Definition: Story, of the Ashland Municipal Code,
is added to read as follows:
18.08.662 Storv. That Dortion of a buildina included between the UDDer
surface of anv floor and the UDDer surface of the floor next above. exceDt
that the tOD storv shall be that Dortion of a buildina included between the
UDDer surface of the tOD floor and the ceilina above. If the finished floor
level directlv above a basement or cellar is more than six (6) feet above
arade for more than fiftv Dercent (500/0) of the Derimeter of the buildina.
the basement or cellar shall be considered a storv. If the wall face of the
upper most floor at the rear or side yard setback line is more than three (3)
feet above the floor level below, the upper floor shall be considered a story
for purposes of setbacks. Unenclosed decks, porches, balconies and similar
features are not considered stories.
SECTION 19, Section 18.08.740 - Definition: Story, of the Ashland Municipal Code,
is amended to read as follows:
18.98.749. Ster.'. That I'ertien ef a btlilding indtlded between the tipper
stlrfaee ef an"; fleer and the tipper stlrfaee ef the fleer next abe..'e, exeel't
that the tel' ster", shall be that I'ertien ef a btlilding indtlded between the
upper stlrface ef the tel' fleer and the ceiling abeve. If the finished fleer
le'.'el directl"l abe..'e a basement er cellar is mere than six (6) feet abewe
grade, the basement er eellar shall be censidered a stery.
SECTION 20, Section 18.08.750 - Definition: Structure or building, of the Ashland
Municipal Code, is amended to read as follows:
18.08.750, Structure or building. That which is built or constructed; an edifice or
building of any kind or any piece of work artificially built up or composed of parts
joined together in some definite manner and which requires location on, in, or above
the ground or which is attached to something having a location on, in or above the
ground. Structures eighteen thirty (30) ttat inches in height or less, including
entry stairs, uncovered porches, patios and similar structures, are exempt
from the side and rear yard setback requirements and from half (1/2) the yard
requirements for the front yard and side yard abutting a public street.
SECTION 21, Section 18.08.795 - Definition: Traveler's Accommodations, of the
Ashland Municipal Code, is amended to read as follows:
18.08.795. Traveler's Accommodations. Any establishment in a residential zone
having rooms or dwellings rented or kept for rent to travelers or transients for a
charge or fee paid or to be paid for rental or use of such facilities for a period of less
than thirty (30) days.
SECTION 22, Section 18.08.830 - Definition: Yard, of the Ashland Municipal Code,
is amended to read as follows:
18.08.830. Yard - An open space on a lot which is unobstructed by a structure fretft
the gretlnd tll'ward.
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 6 -
SECTION 23, Section 18.12.020, Classification of Districts, of the Ashland
Municipal Code, is amended to read as follows:
18.12.020. Classification of Districts. For the purpose of this Title, the City is divided
into zoning districts designated as follows:
Zoning Districts and Overlays
Map Symbol and
Abbreviated Designation
Airport Overlay
Residential - Rural
Residential - Single Family
Residential - Low Density Multiple Family
Residential - High Density Multiple Family
Commercial
Commercial - Downtown
Employment
Industrial
Woodland Residential
SOU - Southern Oregon UniversitvState Cellege
Performance Standards (P) - Overlay
Detail Site Review Zone
Health Care Services Zone
North Mountain Neighborhood
Residential Overlay
Freeway Sign Overlay
A
RR
R-1
R-2
R-3
C-1
C-1-D
E-1
M-1
WR
SOU
P
DSR
HC
NM
R
f
SECTION 24, Section 18.12.030, Zoning Map, of the Ashland Municipal Code, is
amended to read as follows:
18.12.030, Zoning and Land Use Control Maps.
A. The location and boundaries of the zoning districts designated in Section 18.12.020,
physical and environmental constraints designated in Section 18.62.060,
Detail Site Review Zone designated in Chapter 18.72 are established as shown
on the map entitled "Zoning and Land Use Control Maps of the City of Ashland,"
dated with the effective date of the ordinance codified herein, and signed by the
Mayor and City Recorder and hereafter referred to as the "~Zoning and Land Use
Control mMaps."
B. The signed copy of said Zroning and Land Use Control mMaps shall be maintained
on file in the office of the City Recorder and is made a part of this Title.
SECTION 25, Section 18.14.030, W-R, Conditional Uses, of the Ashland Municipal
Code, is amended to read as follows:
18.14.030 Conditional Uses.
The following uses and their accessory uses are permitted when authorized in
accordance with Chapter 18.104, Conditional Use Permits:
A. Churches and similar religious institutions.
B. Public and public utility buildings, structures and uses, but not including corporation,
storage or repair yards, warehouses and similar uses.
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 7 -
C. Private recreational uses and facilities, provided that the forested character of the
area is not disturbed.
D. Public and quasi-public halls, lodges and clubs.
E. Schools, both public and private.
F. Daycare centers.
G. Homes for the elderly and nursing homes.
H. An,' re....a...al af three (3) ar ....are IiYing trees af a'."er six (6) inehes in
Elia....eter fra.... any tax lat EI!;Iring an", ane (1) f:alenElar ,,'ear, ar any far.... af
f:a........ereial lagging. 51:1f:h !;Ise shall be per....itteEl ani}' v:hen, in aElElitian ta
the CanElitianal Use Per....it finElings, the fallawing finElings ha"..e been
Elder....ineEl :
1. Transpartatian ta anEl fra.... the site ean be aeea....plisheEl safcl"t" anEl
"',ithal:lt Elistl:lrbanee ta resiElents.
2. That aEleEll:late pra'.i'isians haire been ....aEle far erasian f:antral.
3. That aEleEll:late pravisians have been ....aEle far rdarestatian.
4. That appra~..al has been abtaineEl fra.... all apprapriate Cal:lntr, State anEl
FeEleral agendes.
5. That there is na prabable Elanger af '.vilElfire.
6. That there is aEleEl!;late s!;lrd"i banEling praviEleEl ta the Cit.t. ta ensl:lre that
any reEl!;lireEl rdarestatian anEl erasian f:antral ....'iII be aeea....plisheEl.
H. Disc antenna for commercial use.
I. Nonconforming use or structure changes required by Section 18.68.090.
J. Temporary uses.
K. Wireless Communication Facilities when attached to existing structures and
authorized pursuant to Section 18.72.180.
SECTION 26, Section 18.16.030, R-R, Conditional Uses, of the Ashland Municipal
Code, is amended to read as follows:
18.16.030 Conditional Uses.
The following uses and their accessory uses are permitted outright:
The following uses and their accessory uses are permitted when authorized in accordance
with Chapter 18.104, Conditional Use Permits:
A. Churches and similar religious institutions.
B. Hospitals, rest, nursing and convalescent homes.
C. Parochial and private schools, including nursery schools, kindergarten, and day
nurseries; business, dancing, trade technical, or similar school.
D. Public and public utility buildings, structures and uses; but not including corporation,
storage or repair yards, warehouses, and similar uses.
E. Private recreational uses and facilities, including country clubs, golf courses, swimming
clubs, and tennis clubs, but not including such intensive commercial recreational uses as
a driving range, race track, or amusement park.
F. Riding instructions and academies.
G. Cemeteries, mausoleums, columbariums, crematoriums.
H. Excavation and removal of sand, gravel, stone, loam, dirt, or other earth products,
subject to Section 18.68.080, Commercial Excavation.
I. Public and quasi-public halls, lodges and clubs.
J. Accessory residential units, subject to the Type I procedure and criteria, and the
following additional criteria:
1. The proposal must conform with the overall maximum lot coverage and setback
requirements of the underlying zone.
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 8 -
2. The maximum number of dwelling units shall not exceed 2 per lot.
3. The maximum gross habitable floor area (GHFA) of the accessory residential
structure shall not exceed 50% of the GHFA of the primary residence on the lot,
and shall not exceed 1000 sq. ft. GHFA.
4. Additional parking shall be in conformance with the off-street Parking provisions
for single-family dwellings of this Title.
5. If the accessory residential unit is not part of the primary dwelling, all
construction and land disturbance associated with the accessory residential unit
shall occur on lands with less than 25% slope.
6. If located in the Wildfire zone, the accessory residential unit shall have a
residential sprinkler system installed.
7. The lot on which the accessory residential unit is located shall have access to an
improved city street, paved to a minimum of 20' in width, with curbs, gutters,
and sidewalks.
8. No on-street parking credits shall be allowed for accessory residential units in the
RR-.5 zone."
K. Disc antenna for commercial use.
L. Nonconforming use or structure changes required by Section 18.68.090.
M. Temporary uses.
N. Wireless Communication Facilities when attached to existing structures and
authorized pursuant to Section 18.72.180.
SECTION 27, Section 18.16.040, R-R, General Regulations, of the Ashland
Municipal Code, is amended to read as follows:
18.16.040 General Regulations
A. Minimum lot area: Minimum lot areas in the RR zone may be one-half (V2), one (1),
and two and one-half (2 V2) acres, depending on the topographic nature, service
availability and surrounding land uses, and other relevant characteristics of the area.
B. Maximum lot coverage:
1. One-half (112) acre lots (RR-.5): twenty (20%) percent maximum.
2. One (1) acre lots (RR-1): twelve (12%) percent maximum.
3. Two and one-half (2 V2) acre lots (RR-2.5): seven (7%) percent maximum.
C. Minimum lot width: All lots shall be at least one hundred (100) feet in width.
D. Lot depth: All lots shall be at least one hundred fifty (150) feet in depth. No lot
depth shall be more than three (3) times its width.
E. Minimum front yard: There shall be a front yard of at least twenty (20) feet.
F. Minimum side yard: There shall be a minimum side yard of five six (65) feet,
except ten (10) feet along the side yard facing the street on a corner lot.
G. Minimum rear yard: There shall be a minimum rear yard of ten (10) feet plus ten
(10) feet for each story in excess of one (1) story.
H. Maximum building height: No structure shall be over thirty-five (35) feet or two and
one-half (2 V2) stories in height, whichever is less. This does not include agricultural
structures fifty (50) feet or more from any property line.
SECTION 28, Section 18.20.030, R-l, Conditional Uses, of the Ashland Municipal
Code, is amended to read as follows:
18.20.030 Conditional Uses
The following uses and their accessory uses are permitted when authorized in accordance
with Chapter 18.104, Conditional Use Permits.
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 9 -
A. Churches and similar religious institutions.
B. Hospitals, rest, nursing or convalescent homes.
C. Parochial and private schools, including nursery schools, kindergartens, day
nurseries, business, dancing, trade, technical or similar schools.
D. Public and public utility buildings, structures and uses. (Ord. 2121 52, 1981)
E. Recreational uses and facilities, including country clubs, golf courses, swimming
clubs and tennis clubs; but not including such intensive commercial recreational uses
as a driving range, race track or amusement park.
F. Off-street parking lots adjoining a C or M district subject to the provisions of Chapter
18.92, Off-5treet Parking.
G. Public and quasi-public halls, lodges and clubs.
H. Accessory residential units, subject to the Type I procedure and criteria, and the
following additional criteria:
1. The proposal must conform with the overall maximum lot coverage and setback
requirements of the underlying zone.
2. The maximum number of dwelling units shall not exceed 2 per lot.
3. The maximum gross habitable floor area (GHFA) of the accessory residential
structure shall not exceed 50% of the GHFA of the primary residence on the lot,
and shall not exceed 1000 sq. ft. GHFA.
4. Additional parking shall be in conformance with the off-street Parking provisions
for single-family dwellings of this Title.
1. Group Homes. (Ord. 234851, 1985; Ord. 262451, 1991)
J. Disc antenna for commercial use.
K. Dwellings in the Historic District exceeding the maximum permitted floor
area pursuant to Section 18.20.040.
L. Nonconforming use or structure changes required by Section 18.68.090.
M. Temporary uses.
N. Wireless Communication Facilities when attached to existing structures and
authorized pursuant to Section 18.72.180.
Section 29, Section 18.22.030, R-1-3.S, Conditional Uses, of the Ashland Municipal
Code, is amended to read as follows:
18.22.030 Conditional Uses
A. Churches and similar religious institutions.
B. Hospitals, rest, nursing or convalescent homes.
C. Parochial and private schools, including nursery schools, kindergartens, day
nurseries, dancing, trade, technical or similar schools.
D. Public and public utility buildings, structures and uses.
E. Recreational uses and facilities, including country clubs, golf courses, swimming
clubs and tennis clubs, but not including such intensive commercial recreational uses
as a driving range, race track or amusement park.
F. Public and quasi-public halls, lodges and clubs.
G. Limited personal service establishments in the home, such as beauticians, masseurs,
etc.
H. Disc antenna for commercial use.
I. Nonconforming use or structure changes required by Section 18.68.090.
J. Temporary uses.
K. Wireless Communication Facilities when attached to existing structures and
authorized pursuant to Section 18.72.180.
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 10 -
SECTION 30 Section 18.22.040, R-1-3.5, General Regulations, of the Ashland
Municipal Code, is amended to read as follows:
18.22.040 General Regulations
A. Minimum Lot Area. The minimum lot area shall be five thousand (5,000) square
feet, far the first Eh....elli"g l:I"it a"d except that a lot three thousand five
hundred (3,500) square feet or larger may be created far eaeh additia"al when
the lot with contains an existing single-family residence which meetsa" it; a,ath
the existi"g a"d "ew strl:ldures ml:lst meet the setback, density, and lot
coverage a"d lat size requirements.a"d eriteria af Chapter 18.76,the ~'i"ar
La"d Partitia" Sedia" af the Ordi"a"ee, jl:lst as if eaeh struetl:lre wal:lld a,e
laeated a" its av;" lat, regardless af ",...hether a "ew pared is a,ei"g created
ar "at. I" the Ashla"d Histarie Distrid, all reside"tial strl:ldl:lres shall alsa
a,e sl:la,jeet ta these reEll:lireme"ts. Variances under this Section are subject to
Type I procedures.
B. Minimum Lot Width. The minimum lot width shall be fifty (50) feet.
C. Lot Depth. All lots shall have a minimum depth of eighty (80) feet. No lot depth
shall be more than two and one-half (2 V2) times its width.
D. Standard Yard Requirements. Front yard, twenty (20) feet; side yards, six (6) feet;
rear yard, ten (10) feet plus ten (10) feet for each story in excess of one (1) story.
In addition, the setbacks must comply with Section 18.70 which provides for solar
access. The side yard of a corner lot abutting a public street shall have a ten (10)
foot setback.
E. Special YardsnDistances Between Buildings.
1. The distance between any principal building and an accessory building shall be a
minimum of ten (10) feet.
2. An inner court providing access to a double-row dwelling group shall be a
minimum of twenty (20) feet.
3. The distance between principal buildings shall be at least one-half (V2) the sum of
the height of both buildings; provided, however, that in no case shall the distance
be less than twelve (12) feet.
F. Maximum Height. No structure shall be over thirty-five (35) feet or two and one-half
(2 112) stories in height, whichever is less.
G. Maximum Coverage. Maximum lot coverage shall be fifty-five (55%) percent. (Ord.
2228, 1982)
SECTION 31, Section 18.24.030, R-2, Conditional Uses, of the Ashland Municipal
Code, is amended to read as follows:
18.24.030, Conditional Uses
The following uses and their accessory uses are permitted when authorized in
accordance with the chapter on conditional use permits:
A. Churches and similar religious institutions.
B. Parochial and private schools, business, dancing, trade, technical, or similar schools.
C. Manufactured housing developments subject to Chapter 18.84.
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 11 -
D. Public and quasi-public halls, lodges and clubs.
E. Professional offices or clinics for an accountant, architect, attorney, dentist, designer,
doctor or other practitioner of the healing arts, engineer, insurance agent or
adjuster, investment or management counselor or surveyor.
F. Hospitals, rest, nursing and convalescent homes.
G. Limited personal service establishments in the home, such as beauticians, masseurs
and the uses listed in subsection E above.
H. Wholesale plant nurseries, including accessory structures.
I. Retail commercial uses located in a dwelling unit within the Railroad Historic District
as iEleAtifieEl lJ", the AshlaAEI Histeric Ce",,,,issieA aAEI approved by the City
Council. Such business shall be no greater than six hundred (600) sq. ft. in total
area, including all storage and accessory uses, and shall be operated only by the
occupant of the dwelling unit uses, and the equivalent of one (1) half (112) time
employee (up to twenty-five (25) hours per week). Such use shall be designed to
serve primarily pedestrian traffic, and shall be located on a street having a fully
improved sidewalk on at least the side occupied by the business. The street shall be
a fully improved street of residential City standards or greater.
J. (Ord. 2624 52, 1991; deleted Ord. 2942 52, 2007)
K. Traveler's accommodations, subject to the following:
1. That all residences used for travelers accommodation be business-owner
occupied. The business-owner shall be required to reside on the property
occupied by the accommodation, and occupancy shall be determined as the
travelers accommodation location being the primary residence of the owner
during operation of the accommodation. "Business-owner" shall be defined as a
person or persons who own the property and accommodation outright; or who
have entered into a lease agreement with the property owner(s) allowing for the
operation of the accommodation. Such lease agreement to specifically state that
the property owner is not involved in the day to day operation or financial
management of the accommodation, and that the business-owner is wholly
responsible for all operations associated with the accommodation, and has actual
ownership of the business. (ORD 2806 51, 1997)
2. That each accommodation unit shall have 1 off-street parking space, and the
owners shall have 2 parking spaces. All spaces shall be in conformance with the
requirements of the Off-Street Parking section of this Title.
3. That only one ground or wall sign, constructed of a non-plastic material, non-
interior illuminated of 6 sq. ft. maximum size be allowed. Any exterior
illumination of signage shall be installed such that it does not directly illuminate
any residential structures adjacent or nearby the travelers's accommodation in
violation of 18.72.110.
4. That the number of accommodation units allowed shall be determined by the
followi ng criteria:
a. That the total number of units, including the owner's unit, shall be
determined by dividing the total square footage of the lot by 1800 sq. ft.
Contiguous lots under the same ownership may be combined to increase lot
area and the number of units, but not in excess of the maximum established
by this ordinance. The maximum number of accommodation units shall not
exceed 9 per approved travelers accommodation with primary lot frontage on
arterial streets. The maximum number of units shall be 7 per approved
travelers accommodation with primary lot frontage on designated collector
streets; or for travelers's accommodations not having primary frontage on an
arterial and within 200 feet of an arterial. Street designations shall be as
determined by the Ashland Comprehensive Plan. Distances shall be
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 12 -
measured via public street or alley access to the site from the collector or
arterial.
b. Excluding the business-owner's unit and the area of the structure it will
occupy, there must be at least 400 sq. ft. of gross interior floor space
remaining per unit.
5. That the primary residence on the site be at least 20 years old. The primary
residence may be altered and adapted for travelers's accommodation use,
including expansion of floor area. Additional structures may be allowed to
accommodate additional units, but must be in conformance with all setbacks and
lot coverages of the underlying zone.
6. Transfer of business-ownership of a traveler's accommodation shall be subject to
all requirements of this section, alul sl::Ibjeet te Celulitie..al Use Permit
al'l'reyal and conformance with the criteria of this section. All traveler's
accommodations receiving their initial approvals prior to the effective date of this
ordinance shall be considered as approved, conforming uses, with all previous
approvals, conditions and requirements remaining in effect upon change of
business-ownership. Any further modifications beyond the existing approvals
shall be in conformance with all requirements of this section.
7. An annual inspection by the Jackson County Health Department shall be
conducted as required by the laws of Jackson County or the State of Oregon.
8. That the property on which the travelers accommodation is operated is located
within 200 feet of a collector or arterial street as designated in the City's
Comprehensive Plan. Distances shall be measured via public street or alley
access to the site from the collector or arterial.
L. Hostels, I're..-iEleEl that the facilit", be sl::Ibjeet te a.. a""l::Ial TYl'e I re-.-ie".', fer
at least the first three (3) -tears, after which time the I"'la....i..g Cemmissie..
ma-,. al'l're-.-e, l::I..Eler a T"'l'e II I'receEll::lre, a I'erma..e..t I'ermit fer the
faeilit," .
M. Disc antenna for commercial use.
N. Nonconforming use or structure changes required by Section 18.68.090.
O. New structures and additions to existing structures within a designated
Historic District which exceeds the Maximum Permitted Floor Area (MPFA),
subject to the general regulations set forth in Section 18.24.040.
P. Temporary uses.
Q. Wireless Communication Facilities when attached to existing structures and
authorized pursuant to Section 18.72.180.
SECTION 32, 18.24.040 A.(l), R-2, General Regulations, Permitted Density, of the
Ashland Municipal Code, is amended to read as follows:
18.24.040 General Regulations
A. Permitted Density and Minimum Lot Dimensions.
1. Base Densities and Minimum Lot Dimensions. The density of the development,
including the density gained through bonus points, 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. The minimum density shall be 80% of the calculated base density.
Fractional portions of the answer shall not apply towards the total density. Base
density for the R-2 zone shall be 13.5 dwelling units per acre, in addition to the
following standards and exceptions:
a. An accessory residential unit is not required to meet density or
minimum lot area requirements, provided the unit is not greater than
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 13 -
fifty percent (500/0) of the gross habitable floor area of the single
family residence on the lot and does not exceed 500 square feet of
gross habitable floor area.
b. heweyer, LJUnits, not considered as an accessory residential unit and
ef less than 500 square feet of gross habitable area shall count as 0.75 units
for the purposes of density calculations, with the fellewiAg restrictieAs.
ca. Minimum lot area for less than 2 units t:l-A-iH shall be 5000 sq. ft. with a
minimum width of 50' and minimum depth of 80'.
de. Minimum lot area for 2 units shall be 7,000 sq. ft. with a minimum width of
50' and a minimum depth of 80'.
ee. Developments of 3 units or greater shall have minimum lot area in excess of
9000 sq. ft. aM except as determined by the base density and allowable
bonus point calculations, and shall have a minimum width of 50' and a
minimum depth of 80'.
SECTION 33, 18.24.040 1.1., R-2, General Regulations, Maximum Permitted Floor
Area for single family dwellings on individual lots within the Historic District, of
the Ashland Municipal Code, is amended to read as follows:
18.24.040 General Regulations
1. Maximum Permitted Floor Area for single family dwellings on individual lots
within the Historic District. The maximum permitted floor area for single family
primary dwellings on individual lots within Nte an Historic District shall be
determined by the following:
1. The maximum permitted floor area shall include the total floor space of all floors
(gross floor area) of the primary dwelling measured to the outside surfaces of the
building, including but not limited to exterior walls, potential living spaces within
the structure with at least 7' of head room and attached garages. The floor area
shall not include basements, detached garages, detached accessory structures, or
detached accessory residential units. Detached garages, accessory structures, or
accessory residential units shall be separated from other structures by a
minimum of 6', except that unenclosed breezeways or similar open structures
may connect the structures.
SECTION 34, 18.24.040 J.l., R-2, General Regulations, Maximum Permitted Floor
Area for multiple dwellings on a single lot and new residential construction in
Performance Standards Options land divisions created within an Historic District.,
of the Ashland Municipal Code, is amended to read as follows:
18.24.040 General Regulations
J. Maximum Permitted Floor Area for multiple dwellings on a single lot and
new residential construction in Performance Standards Options land
divisions created within Nte an Historic District. The MPFA fer flU:1ltil'le
dwelliAgs eA a siAgle let YiithiA the Histerie District shall be determined by the
following:
1. The MPFA shall include the total floor space of all floors (gross floor area) of the
I'rimar",. dwelling units measured to the outside surfaces of the bUilding(st
including but not limited to exterior walls, potential living spaces within the
structure with at least 7' of head room and attached garages. The floor area
shall not include basements, detached garages, detached accessory structures, or
detached accessory residential units. Detached garages, accessory structures, or
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 14 -
accessory residential units shall be separated from other structures by a
minimum of 6', except that unenclosed breezeways or similar open structures
may connect the structures.
SECTION 35, Section 18.28.030, R-3, Conditional Uses, of the Ashland Municipal
Code, is amended to read as follows:
18.28.030 Conditional Uses
The following uses and their accessory uses are permitted when authorized in accordance
with the Chapter on Conditional Use Permits:
A. Churches and similar religious institutions.
B. Parochial and private schools, business, dancing, trade, technical or similar schools.
C. Manufactured housing developments, subject to Chapter 18.84.
D. Public and quasi-public halls, lodges and clubs.
E. Professional offices or clinics for an accountant, architect, attorney, dentist, designer,
doctor, or other practitioner of the healing arts, engineer, insurance agent or
adjuster, investment or management counselor or surveyor.
F. Hospitals, rest, nursing and convalescent homes.
G. Limited personal service establishments in the home, such as beauticians, masseurs,
and the uses listed in subsection E above.
H. Wholesale plant nurseries, including accessory structures.
I. (Ord. 262453, 1991; DELETED Ord 2942 55;2007)
J. Travelers accommodations, subject to the following:
1. That all residences used for travelers accommodation be business-owner
occupied. The business-owner shall be required to reside on the property occupied
by the accommodation, and occupancy shall be determined as the travelers
accommodation location being the primary residence of the owner during operation
of the accommodation. "Business-owner" shall be defined as a person or persons
who own the property and accommodation outright; or who have entered into a
lease agreement with the property owner(s) allowing for the operation of the
accommodation. Such lease agreement to specifically state that the property owner
is not involved in the day to day operation or financial management of the
accommodation, and that the business-owner is wholly responsible for all operations
associated with the accommodation, and has actual ownership of the business. (ORD
2806 52, 1997)
2. That each accommodation unit shall have 1 off-street parking space, and the
owners shall have 2 parking spaces. All spaces shall be in conformance with the
requirements of the Off-Street Parking section of this Title.
3. That only one ground or wall sign, constructed of a non-plastic material, non-
interior illuminated of 6 sq. ft. maximum size be allowed. Any exterior
illumination of signage shall be installed such that it does not directly illuminate
any residential structures adjacent or nearby the travelers's accommodation in
violation of 18.72.110.
4. That the number of accommodation units allowed shall be determined by the
following criteria:
a. That the total number of units, including the owner's unit, shall be determined
by dividing the total square footage of the lot by 1800 sq. ft. Contiguous lots
under the same ownership may be combined to increase lot area and the
number of units, but not in excess of the maximum established by this
ordinance. The maximum number of accommodation units shall not exceed
9 per approved travelers accommodation with primary lot frontage on arterial
streets. The maximum number of units shall be 7 per approved travelers
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 15 -
accommodation with primary lot frontage on designated collector streets; or
for travelers's accommodations not having primary frontage on an arterial
and within 200 feet of an arterial. Street designations shall be as determined
by the Ashland Comprehensive Plan. Distances shall be measured via public
street or alley access to the site from the collector or arterial.
b. Excluding the business-owner's unit and the area of the structure it will
occupy, there must be at least 400 sq. ft. of gross interior floor space
remaining per unit.
5. That the primary residence on the site be at least 20 years old. The primary
residence may be altered and adapted for travelers's accommodation use,
including expansion of floor area. Additional structures may be allowed to
accommodate additional units, but must be in conformance with all setbacks and
lot coverages of the underlying zone.
6. Transfer of bUSiness-ownership of a travelers accommodation shall be subject to
all requirements of this section, a..EI subject te Ce..Elitie..al Use Permit
appre"..al and conformance with the criteria of this section. All travelers's
accommodations receiving their initial approvals prior to the effective date of this
ordinance shall be considered as approved, conforming uses, with all previous
approvals, conditions and requirements remaining in effect upon change of
business-ownership. Any further modifications beyond the existing approvals
shall be in conformance with all requirements of this section.
L. Hostels, pre",:iEleEl that the faeilit",be subject te a.. a....ual Type I re1l'iev. fer
at least the first three (3) "(ears, after whieh time the Pla....i..g Cemmissie..
ma"1 appre"..e, u..Eler a T,pe II preceElure, a perma..e..t permit fer the
facility.
M. Disc antenna for commercial use.
N. Enlargement, extension, reconstruction, substitution, structural alteration
or reactivation of nonconforming uses and structures pursuant to Section
18.68.090.
O. New structures and additions to existing structures within a designated
Historic District which exceeds the Maximum Permitted Floor Area (MPFA),
subject to the general regulations set forth in Section 18.28.040.
P. Temporary uses.
Q. Wireless Communication Facilities when attached to existing structures and
authorized pursuant to Section 18.72.180.
SECTION 36, Section 18.28.040 A.l., R-3, General Regulations, Permitted Density,
of the Ashland Municipal Code, is amended to read as follows:
18.28.040 General Regulations
A. Permitted Density and Minimum Lot Dimensions
1. Base Densities and Minimum Lot Dimensions. The density of the development,
including the density gained through bonus points, 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. The minimum density shall be 80% of the calculated base density.
Fractional portions of the answer shall not apply towards the total density. Base
density for the R-3 zone shall be 20.0 dwelling units per acre, in addition to the
following standards and exceptions:
a. An accessory residential unit is not required to meet density or
minimum lot area requirements provided the unit is not greater than
fifty percent (500/0) of the gross habitable floor area of the single
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 16 -
family residence on the lot and does not exceed 500 square feet of
gross habitable floor area.
b. hey...e....er, I:IUnits, not considered as an accessory residential unit and
ef-Iess than 500 square feet of gross habitable area shall count as 0.75 units
for the purposes of density calculations, with the felle'.',i..g restridie..s.
ca. Minimum lot area for less than two (2) units -1- shall be 5000 sq. ft. with a
minimum width of 50' and minimum depth of 80'
de. Minimum lot area for 2 units shall be 6,500 sq. ft. with a minimum width of
50' and a minimum depth of 80'.
ee. Developments of 3 units or greater shall have minimum lot area in excess of
8000 sq. ft. atttf except as determined by the base density and allowable
bonus point calculations, and shall have a minimum width of 50' and a
minimum depth of 80'.
SECTION 37, Section 18.28.040 1.1., R-3, General Regulations, Maximum
Permitted Floor Area for single family dwellings on individual lots within the
Historic District of the Ashland Municipal Code, is amended to read as follows:
I. Maximum Permitted Floor Area for single family dwellings on individual lots
within the Historic District. The maximum permitted floor area for single family
primary dwellings on individual lots within ~an Historic District shall be
determined by the following:
1. The maximum permitted floor area shall include the total floor space of all floors
(gross floor area) of the primary dwelling measured to the outside surfaces of the
building, including but not limited to exterior walls, potential living spaces within
the structure with at least 7' of head room and attached garages. The floor area
shall not include basements, detached garages, detached accessory structures, or
detached accessory residential units. Detached garages, accessory structures, or
accessory residential units shall be separated from other structures by a
minimum of 6', except that unenclosed breezeways or similar open structures
may connect the structures.
SECTION 38, Section 18.28.040 J.l., R-3, General Regulations, Maximum
Permitted Floor Area for multiple dwellings on a single lot and new residential
construction in Performance Standards Options land divisions created within an
Historic District. of the Ashland Municipal Code, is amended to read as follows:
J. Maximum Permitted Floor Area for multiple dwellings on a single lot and
new residential construction in Performance Standards Options land divisions
created within the an Historic District. The MPFA fer ml:lltil'le EI....'elli..gs e..
a si..gle let .......ithi.. the Histerie Distrid shall be determined by the following:
1. The MPFA shall include the total floor space of all floors (gross floor area) of the
I'rimar', dwelling units measured to the outside surfaces of the building(s),
including but not limited to exterior walls, potential living spaces within the
structure with at least 7' of head room and attached garages. The floor area
shall not include basements, detached garages, detached accessory structures, or
detached accessory residential units. Detached garages, accessory structures, or
accessory residential units shall be separated from other structures by a
minimum of 6', except that unenclosed breezeways or similar open structures
may connect the structures.
SECTION 39, Section 18.30.020, NM General Regulations, of the Ashland Municipal
Code, is amended to read as follows:
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 17 -
18.30.020 , NM General Regulations
A. Conformance with North Mountain Neighborhood Plan.
Land uses, streets, alleys and pedestrian/bicycle access ways shall be located in
accordance with those shown on the North Mountain Neighborhood Plan adopted by
Ordinance No. 2800.
1. Major and Minor Amendments
a. Major amendments are those which result in any of the following:
(1) A change in land use.
(2) A change in the street layout plan that requires a street to be eliminated
or to be located in such a manner as to not be consistent with the
neighborhood plan.
(3) A change in the North Mountain Neighborhood Design Standards.
(4) A change in planned residential density.
(5) A change not specifically listed under the major and minor amendment
definitions.
b. Minor amendments are those which result in any of the following:
(1) Changes related to street trees, street furniture, fencing, or signage.
(2) A change in the street layout that requires a local street, alley, easement,
pedestrian/bicycle accessway or utility to be shifted more than 50 feet in
any direction, as long as the change maintains the connectivity
established by the neighborhood plan.
2. Major Amendment Type II Procedure. A major amendment to the neighborhood
plan shall be processed as a Type II planning action concurrently with specific
development proposals. In addition to complying with the standards of this
section, findings must demonstrate that:
a. The proposed modification maintains the connectivity established by the
neighborhood plan;
b. The proposed modification furthers the design and access concepts advocated
by the neighborhood plan, including but not limited to pedestrian access,
bicycle access, and de-emphasis on garages as a residential design feature;
c. The proposed modification will not' adversely affect the purpose, objectives, or
functioning of the neighborhood plan.
d. The proposed modification is necessary to adjust to physical constraints
evident on the property, or to protect significant natural features such as trees,
rock outcroppings, wetlands, ete...or similar natural features, or to adjust to
existing property lines between project boundaries.
3. Minor Amendment Type I Procedure. A minor amendment to the neighborhood plan
may be approved as a Type I planning action concurrently with specific development
proposals. The request for a minor amendment shall include findings that
demonstrate that the change will not adversely affect the purpose, objectives, or
functioning of the neighborhood plan.
4. Utilities shall be installed underground to the greatest extent feasible. Where
possible, alleys shall be utilized for utility location, including transformers, pumping
stations, etc...
B. Lots With Alley Access. If the site is served by an alley, access and egress for motor
vehicles shall be to and from the alley. In such cases, curb openings along the street
frontage are prohibited.
C. Street, Alley and Pedestrian/bicycle Accessway Standards. The standards for
street, alley, and pedestrian/bicycle accessway improvements shall be as designated in
the North Mountain Neighborhood Design Standards.
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 18 -
D. Minimum Density. Proposals resulting in the creation of additional parcels or greater
than three units on a single parcel shall provide for residential densities between 75 to
110 percent of the base density for a given overlay, unless reductions in the total
number of units is necessary to accommodate significant natural features, topography,
access limitations or similar physical constraints. (Proposals involving the development
of neighborhood commercial businesses and services shall be exempt from the above
requ i rements).
E. Density Transfer. Density transfer within a project from one overlay to another may
be approved if it can be shown that the proposed density transfer furthers the design
and access concepts advocated by the neighborhood plan, and provides for a variety of
residential unit sizes, types and architectural styles. a di"4'ersit", iR size BRd
style af hatlsiRg tYl'es.
F. Drive-Up Uses. Drive-Up uses are not permitted within the North Mountain
Neighborhood Plan area.
G. Performance Standards Overlay. All applications involving the creation of three or
more lots shall be processed under the Performance Standards Option chapter 18.88.
H. Fencing. No fencing exceeding three feet in height shall be allowed in the front lot area
between the structure and the street. No fencing shall be allowed in areas designated
as Floodplain Corridor.
I. Adjustment of Lot Lines. As part of the approval process for specific development
proposals, adjustments to proposed lot lines may be approved consistent with the
density standards of the neighborhood plan zoning district.
SECTION 40, Section 18.30.030, NM-C Neighborhood Central Overlay, of the
Ashland Municipal Code, is amended to read as follows:
18.30.030, NM-C Neighborhood Central Overlay
A. Permitted Density. 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 answer shall not apply towards the total density. Base
density for the Neighborhood Central Overlay shall be 20 units per acre, however,
units of less than 500 square feet of gross habitable area shall count as 0.75 units
for the purposes of density calculations.
B. Off-Street Parking. In all areas within the Neighborhood Central Overlay, all uses
are not required to provide off-street parking or loading areas, except for residential
uses where one space shall be provided per residential unit. All parking areas shall
comply with the Off-Street Parking chapter and the Site Review chapter.
C. Area, Yard Requirements: There shall be no minimum lot area, lot coverage, front
yard, side yard or rear yard requirement, except as required under the Off-Street
Parking Chapter or where required by the Site Review Chapter.
D. Solar Access: The solar setback shall not apply in the Neighborhood Central
Overlay.
E. Permitted Uses. The following uses are permitted in the NM-C overlay subject to
conditions limiting the hours and impact of operation;
1. Residential Uses, subject to the above density requirements.
2. Home Occupations.
3. Parks and Open Spaces.
4. Agriculture.
5. Neighborhood Oriented Retail Sales and Personal Services, with each building
limited to 3,500 square feet of total floor area.
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 19-
6. Professional Offices, with each building limited to 3,500 square feet of total floor
area.
7. Restaurants.
8. Manufacturing or assembly of items sold in a permitted use, provided such
manufacturing or assembly occupies 600 square feet or less, and is contiguous to
the permitted retail outlet.
9. Basic Utility Providers, such as telephone or electric providers, with each building
limited to 3,500 square feet of total floor area.
10. Community Services, with each building to 3,500 square feet of total floor area.
11. Churches or Similar Religious Institutions, when the same such use is not located
on a contiguous property, nor more than two such uses in a given Overlay.
12. Neighborhood Clinics, with each building limited to 3,500 square feet of total floor
area.
F. Conditional Uses.
1. Temporary Uses.
2. Public Parking Lots.
G. Lot Coverage: Maximum lot coverage shall be seventy-five (7S) percent.
SECTION 41, Section 18.30.040. C., NM-MF Neighborhood Core Overlay, Yard
Requirements, of the Ashland Municipal Code, is amended to read as follows:
18.30.040, Neighborhood Core Overlay NM-MF
C. Yard Requirements
1. Front Yards. Front yard setbacks sShall be a minimum of ten (10)
feet and a maximum of twenty-five (2S) feet, excluding garages.
Front yards may be reduced to five (S) feet for unenclosed porches
with a minimum depth of six (6) feet and a minimum width of
eight (8) feet. Garages shall be setback a minimum of fifteen (is)
feet from the front building facade and twenty (20) feet from the
sidewalk. No greater than 50 percent (SO%) of the total lineal
building facade facing the street shall consist of garage, carport or
other covered parking space.
2. Side Yards. Side yard setbacks shall be a minimum of fFive (S)
feet -pet' for the first story, excluding half-stories and upper floor
dormer space, five (S) feet for each additional story, and. =F ten
(10) feet when abutting a public street. Single story, detached
garages and accessory structures shall have a minimum three (3) foot
side yard, except that no side yard is required for accessory buildings
sharing a common wall.
3. Rear Yards. Ten feet per story, with the exception of upper floor
dormer space which may be setback 15 feet. Single story, detached
garages and accessory buildings, and two story accessory buildings
adjacent to an alley shall have a minimum rear yard of four feet.
SECTION 42, Section 18.30.0S0.C. and F, NM-R-l-S Neighborhood General Overlay,
Yard Requirements, and Lot Coverage of the Ashland Municipal Code, is amended
to read as follows:
18.30.050, Neighborhood General Overlay NM-R-1-5
C. Yard Requirements
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 20 -
1. Front Yards. Front yard setbacks sShall be a minimum of ten (10)
feet and a maximum of twenty-five (25) feet, excluding garages.
Front yards may be reduced to five (5) feet for unenclosed porches
with a minimum depth of six (6) feet and a minimum width of
eight (8) feet. Garages shall be setback a minimum of fifteen (15)
feet from the front building facade and twenty (20) feet from the
sidewalk. No greater than 50 percent (500/0) of the total lineal
building facade facing the street shall consist of garage, carport or
other covered parking space.
2. Side Yards. Side yard setbacks shall be a minimum of fFive (5)
feet ~ for the first story, excluding half-stories and upper floor
dormer space, five (5) feet for each additional story, and. ~ ten
(10) feet when abutting a public street. Single story, detached
garages and accessory structures shall have a minimum three (3) foot
side yard, except that no side yard is required for accessory buildings
sharing a common wall.
3. Rear Yards. Ten feet per story, with the exception of upper floor
dormer space which may be setback 15 feet. Single story, detached
garages and accessory buildings, and two story accessory buildings
adjacent to an alley shall have a minimum rear yard of four feet.
D. Permitted Uses.
1. Residential Uses, subject to the above density requirements.
2. Home Occupations.
3. Parks and Open Spaces.
4. Agriculture.
E. Special Permitted Uses.
1. Accessory Residential Units, subject to the following requirements:
a. The proposal must comply with lot coverage and setback requirements
of the underlying zone.
b. That the maximum number of dwellings not exceed two per lot.
c. That the maximum gross habitable floor area (GHFA) of the accessory
residential unit not exceed 50% of the GHFA of the primary residence
on the lot, and shall not exceed 750 sq. ft. GHFA. Second story
accessory residential units constructed above a detached accessory
building shall not exceed 500 sq. ft. GHFA.
d. Additional parking shall be in conformance with the Off-Street Parking
provisions for single-family dwellings of this title.
2. Community Services, with each building limited to 2,500 square feet of
total floor area.
F. Lot Coverage: Maximum lot coverage shall be fifty percent (500/0).
SECTION 43, Section 18.30.060.C.and G, NM-R-1-7.S Neighborhood Edge Overlay,
Yard Requirements and Lot Coverage, of the Ashland Municipal Code, is amended
to read as follows:
18.30.060, Neighborhood Edge Overlay NM-R-1-7.5
C. Yard Requirements
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 21 -
1. Front Yards. Front yard setbacks sShall be a minimum of ten (10) feet
and a maximum of twenty-five (25) feet, excluding garages. Front yards
may be reduced to five (5) feet for unenclosed porches with a minimum depth
of six (6) feet and a minimum width of eight (8) feet. Garages shall be
setback a minimum of fifteen (15) feet from the front building facade and
twenty (20) feet from the sidewalk. No greater than 50 percent (500/0) of
the total lineal building facade facing the street shall consist of garage,
carport or other covered parking space.
2. Side Yards~Side yard setbacks shall be a minimum of fFive (5) feet pet"
for the first story, excluding half-stories and upper floor dormer space,
five (5) feet for each additional story, and. =F ten (10) feet when
abutting a public street. Single story, detached garages and accessory
structures shall have a minimum three (3) foot side yard, except that no side
yard is required for accessory buildings sharing a common wall.
3. Rear Yards. Ten feet per story, with the exception of upper floor dormer
space which may be setback 15 feet. Single story, detached garages and
accessory buildings, and two story accessory buildings adjacent to an alley
shall have a minimum rear yard of four feet.
D. Permitted Uses.
1. Residential Uses, subject to the above density calculations.
2. Home Occupations.
3. Parks and Open Spaces.
4. Agriculture
E. Special Permitted Uses.
1. Accessory Residential Units, subject to Site Review approval under a Type I
Procedure and the following requirements:
a. The proposal must comply with lot coverage and setback requirements of the
underlying zone.
b. That the maximum number of dwellings not exceed two per lot.
c. That the maximum gross habitable floor area (GHFA) of the accessory residential
unit not exceed 50% of the GHFA of the primary residence on the lot, and shall
not exceed 750 sq. ft. GHFA. Second story accessory residential units constructed
above a detached accessory building shall not exceed 500 sq. ft. GHFA.
d. Additional parking shall be in conformance with the Off-Street Parking provisions
for single-family dwellings of this title.
F. Floodplain Corridor
1. Developments including lands within the identified floodplain corridor, including
street development, shall comply with the following requirements:
a. A hydrologic study prepared by a geotechnical expert shall be submitted
concurrently with specific development proposals indicating the impact of the
development on the floodplain corridor, and all efforts to be taken to mitigate
negative impacts from flooding in the area of the floodplain corridor and areas of
historic flooding.
b. The design of Greenway Drive, as indicated on the neighborhood plan, shall
incorporate flood protection measures, as determined by a geotechnical expert,
in the overall design of the new street. Such protection measures shall address
flooding in the floodplain corridor and in areas of historic flooding.
c. A grading plan for the overall development, indicating grade relationships
between the development and the floodplain corridor, shall be included with the
specific development proposal. A statement shall be included, prepared by a
geotechnical expert or licensed surveyor, indicating that the finish grade for all
buildable areas outside of the floodplain corridor shall be at or above the Ashland
floodplain corridor elevations indicated on the officially adopted city maps.
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 22 -
G. Lot Coveraae: Maximum lot coverage shall be forty-five percent (450/0).
SECTION 44, 18.32.025.D., C-l, Retail Commercial District, Special Permitted Uses,
Residential Uses, of the Ashland Municipal Code, is amended to read as follows:
18.32.025 Special Permitted Uses
D. Residential uses.
1. At least 65% of the total gross floor area of the ground floor, or at least 50% of
the total lot area if there are multiple buildings shall be designated for permitted
or special permitted uses, excluding residential.
2. Residential densities shall not exceed 30 dwelling units per acre in the C-1
District, and 60 dwelling units per acre in the C-1-D District. For the purpose
of density calculations, units of less than 500 square feet of gross
habitable floor area shall count as 0.75 of a unit.
3. Residential uses shall be subject to the same setback, landscaping, and design
standards as for permitted uses in the underlying C-1 or C-1-D District.
4. Off-street parking shall not be required for residential uses in the C-1-D District.
5. If the number of residential units exceeds 10, then at least 10% of the residential
units shall be affordable for moderate income persons in accord with the
standards established by resolution of the Ashland City Council through
procedures contained in the resolution. The number of units required to be
affordable shall be rounded down to the nearest whole unit.
SECTION 45, 18.32.025.E., C-l, Retail Commercial District, Special Permitted Uses,
Drive Up uses, of the Ashland Municipal Code, is amended to read as follows:
18.32.025 Special Permitted Uses
E. Drive-up uses as defined and regulated as follows:
1. Drive-up uses may be approved in the C-1 District only, and only in the area
east of a line drawn perpendicular to Ashland Street at the intersection
of Ashland Street and Siskiyou Boulevard.
2. Drive-up uses are prohibited in Ashland's Historic Interest Area as defined in the
Comprehensive Plan.
3. Dri'."e 1:11' I:Ises ",ay s"l"y" be allswed i" the C 1 distrids east sf a li"e
dra.."," l'erl'e"diEUlar ts Ashla"d Street, at the i"terseetis" sf Ashla"d
Street a"d Sisld"t"sl:l BSl:lle".ard.
3.4 Drive-up uses are subject to the following criteria:
a. The average waiting time in line for each vehicle shall not exceed five
minutes. Failure to maintain this average waiting time may be grounds for
revocation of the approval.
b. All facilities providing drive-up service shall provide at least two designated
parking spaces immediately beyond the service window or provide other
satisfactory methods to allow customers requiring excessive waiting time to
receive service while parked.
c. A means of egress for vehicular customers who wish to leave the waiting line
shall be provided.
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 23 -
d. The grade of the stacking area to the drive-up shall either be flat or downhill
to eliminate excessive fuel consumption and exhaust during the wait in line.
e. The drive-up shall be designed to provide as much natural ventilation as
possible to eliminate the buildup of exhaust gases.
f. Sufficient stacking area shall be provided to ensure that public rights-of-way
are not obstructed.
g. The sound level of communications systems shall not exceed 55 decibels at
the property line and shall otherwise comply with the Ashland Municipal Code
regarding sound levels.
h. The number of drive-up uses shall not exceed the 12 in existence on July 1,
1984. Drive-up uses may be transferred to another location in accord with all
requirements of this section. The number of drive-up window stalls shall not
exceed 1 per location, even if the transferred use had greater than one stall.
SECTION 46, 18.32.030, C-1, Retail Commercial District Conditional Uses, of the
Ashland Municipal Code, Is amended to read as follows:
18.32.030 Conditional Uses.
The following uses and their accessory uses are permitted when authorized in accordance
with the chapter on Conditional Use Permits:
A. Electrical substations.
B. Automobile fuel sales, and automobile and truck repair facilities, except as allowed
as a special permitted use in 18.32.025.
C. New and used car sales, boat, trailer, and recreational vehicles sales and storage
areas, except within the Historic Interest Area as defined in the Comprehensive Plan.
D. Hotels and motels.
E. Temporary uses.
F. Outdoor storage of commodities associated with a permitted, special permitted or
conditional use.
G. Hostels, provided that the facility be subject to an annual Type I review for at least
the first three years, after which time the Planning Commission may approve, under
a Type II procedure, a permanent permit for the facility.
H. Building material sales yards, but not including concrete or asphalt batch or mixing
plants.
I. Churches or similar religious institutions.
J. Wireless Communication Facilities not permitted outright and authorized
pursuant to Section 18.72.180.
K. Structures which are greater than forty (40) feet in height, but less than
fifty-five (55) feet, in the "0" Downtown Overlay District.
SECTION 47, 18.40.020, E-1, Employment District, Permitted Uses, of the Ashland
Municipal Code, is amended to read as follows:
18.40.020 Permitted Uses.
The following uses and their accessory uses are permitted outright, subject to the
requirements of Chapter 18.72, Site Design and Use Standards:
A. Professional, financial, and business and medical offices, and personal service
establishments.
B. Stores, shops and offices supplying commodities or performing services, except that
retail uses shall be limited to no greater than 20,000 sq. ft. of gross leasable floor
space per lot.
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 24 -
C. Restaurants. (Ord 2812, S4 1998)
D. Electrical, furniture, plumbing shop, printing, publishing, lithography or upholstery.
E. Light manufacturing, assembly, fabricating, or packaging of products from previously
prepared materials, such as cloth, plastic, wood (not including saw, planing, or
lumber mills or molding plants), paper, cotton, precious or semi-precious metals or
stone.
F. Manufacture of electric, electronic, or optical instruments and devices.
G. Administrative or research establishments.
H. Motion picture, television, or radio broadcasting studios operating at an established
or fixed location.
I. Mortuaries and crematoriums.
J. Building material sales yards, but not including concrete or asphalt batch or mixing
plants.
K. Kennels and veterinary clinics, with all animals housed within structures.
L. Bakeries
M. Public and quasi-public utility and service buildings and yards, structures, and public
parking lots, but excluding electrical substations.
N. Manufacture of pharmaceutical and similar items.
O. Wireless Communication Facilities permitted outright pursuant to Section
18.72.180.
SECTION 48, 18.40.030.E., E-1, Employment District, Special Permitted Uses,
Residential Uses, of the Ashland Municipal Code, is amended to read as follows:
18.40.030, Special Permitted Uses
E. Residential uses.
1. At least 65% of the total gross floor area of the ground floor, or at least 50% of
the total lot area if there are multiple buildings shall be designated for permitted
or special permitted uses, excluding residential.
2. Residential densities shall not exceed 15 dwelling units per acre. For the
purpose of density calculations, units of less than 500 square feet of
gross habitable floor area shall count as 0.75 of a unit.
3. Residential uses shall be subject to the same setback, landscaping, and design
standards as for permitted uses in the E-1 District.
4. Residential uses shall only be located in those areas indicated as R-Overlay within
the E-1 District, and shown on the official zoning map.
5. If the number of residential units exceed 10, then at least 10% of the residential
units shall be affordable for moderate income persons in accord with the
standards established by resolution of the Ashland City Council through
procedures contained in the resolution. The number of units required to be
affordable shall be rounded down to the nearest whole unit.
SECTION 49, 18.40.040, E-1,Employment District, Conditional Uses, of the Ashland
Municipal Code, is amended to read as follows:
18.40.040 Conditional Uses
The following uses and their accessory uses are permitted when authorized in
accordance with the chapter on Conditional Use Permits:
A. Electrical substations.
B. Mini-warehouses and similar storage areas.
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 25 -
C. Contractor equipment storage yards or storage and rental of equipment commonly
used by a contractor.
D. Automobile fuel sales.
E. New and used car sales, boat, trailer and recreational vehicles sales and storage
areas, provided that the use is not located within the Historic Interest Area as
defined in the Comprehensive Plan.
F. Hotels and motels.
G. Any use which involves outside storage of merchandise, raw materials, or other
material associated with the primary use on the site.
H. Private college, trade school, technical school, or similar school.
1. Cabinet, carpentry, machine, and heating shops, if such uses are located less than or
equal to 200' from the nearest residential district.
J. Cold storage plants, if such uses are located less than or equal to 200' from the
nearest residential district.
K. Automotive body repair and painting, including paint booths.
1. The use shall not be located within 200' of the nearest residentially zoned
property.
2. All objectionable odors associated with the use shall be confined to the lot, to the
greatest extent feasible. For the purposes of this provision, the standard for
judging "objectionable odors" shall be that of an average, reasonable person with
ordinary sensibilities after taking into consideration the character of the
neighborhood in which the odor is made and the odor is detected.
3. The use shall comply with all requirements of the Oregon Department of
Environmental Quality.
L. Churches and similar religious institutions
M. Nightclubs and Bars.
N. Theaters (excluding drive-in) and similar entertainment uses.
O. Temporary uses.
P. Wireless Communication Facilities not permitted outright and authorized
pursuant to Section 18.72.180.
SECTION SO, 18.52.030, M-1, Industrial District, Conditional Uses, of the Ashland
Municipal Code, is amended to read as follows:
18.52.030 Conditional Uses.
The following uses and their accessory uses are permitted when authorized in
accordance with the chapter on Conditional Use Permits:
A. Junkyard and auto wrecking yards.
B. Kennels and veterinary clinics.
C. Banks, restaurants or other convenience establishments designed to serve persons
working in the zone only.
D. Concrete or asphalt batch or mixing plants.
E. Temporary uses.
F.. Wireless Communication Facilities not permitted outright and authorized
pursuant to Section 18.72.180.
SECTION 51, 18.54.030, HC, Health Care Services Zone, Conditional Uses, of the
Ashland Municipal Code, is amended to read as follows:
18.54.030 Conditional Uses
Ashland Land Use Ordinance Amendments
First Reading: January IS, 2008-p. 26 _
The following uses and their accessory uses are permitted when authorized in
accordance with the Chapter on Conditional Use Permits:
A. Limited personal service providers in the home, such as beauticians and
masseurs.
B. Travelers' accommodations, subject to the requirements of the R-2 zone.
C. Professional offices for an accountant, architect, attorney, designer, engineer,
insurance agent or adjuster, investment or management counselor or surveyor.
D. Any medically-related use, located on City-owned property, that is not
specifically allowed by the Ashland Community Hospital Master Facility Plan.
E. Wireless Communication Facilities authorized pursuant to Section
18.72.180.
SECTION 52, 18.61.020.A., Tree Preservation and Protection, , Definitions, of the
Ashland Municipal Code, is amended to read as follows:
18.61.020 Definitions.
A. Arborist means a person licensed by the State of Oregon State Landscape
Contractors Board or Construction Contractors Board who has met the
criteria fer is certified catien as an arborist from the International Society of
Arboriculture or American Society of Consulting Arborists, anEt maintains his er her
acereEtitatien.
SECTION 53, 18.61.020.E., Tree Preservation and Protection, Definitions, of the
Ashland Municipal Code, is amended to read as follows:
18.61.020 Definitions.
D. Diameter at breast height or DBH means the diameter of the trunk lhiftk, at its
maximum cross section, measured 54 inches (4 1/2 feet) above mean ground level
at the base of the trunk. On sloped lands, the measurement shall be taken on
the uphill side of tree.
SECTION 54, 18.61.035, Tree Preservation and Protection, Exempt Tree Removal
Activities, of the Ashland Municipal Code, is amended to read as follows:
18.61.035 Exempt Tree Removal Activities.
The following activities are exempt from the requirement for tree removal permits:
A. Those activities associated with the establishment or alteration of any public park
under the Ashland Parks and Recreation Commission. However, the Ashland Parks
and Recreation Department shall provide an annual plan in January to the Tree
Commission outlining proposed tree removal and topping activities, and reporting on
tree removal and topping activities that were carried out in the previous year.
B. Removal of trees in single family residential zones on lots occupied only by a single
family detached dwelling and associated accessory structures, except as otherwise
regulated by the Physical and Environmental Constraints ordinance (18.62.
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 27 _
C. Removal of trees in multi-family residential zones on lots occupied only by a single
family detached dwelling and associated accessory structures, except as otherwise
regulated by the Physical and Environmental Constraints ordinance (18.62).
D. Removal of trees less than 6" DBH in any zone, excluding those trees located within
the public right of way or required as conditions of approval with landscape
improvements for planning actions.
E. Removal of trees less than 18" DBH on any public school lands, Southern Oregon
University, and other public land,t-bttt-excluding Heritage trees and street trees
within the I'tlblie right af wa.,.
F. Removal of trees within the Wildfire Lands area of the City, as defined on adopted maps, for the
purposes of wildfire fuel management, and in accord with the requirements of the Physical and
Environmental Constraints Chapter- 18.62.
G. Removal of dead trees.
H. Those activities associated with tree trimming for safety reasons, as mandated by the Oregon
Public Utilities Commission, by the City's Electric and Telecommunication Utility. However, the
Utility shall provide an annual plan to the Tree Commission outlining tree trimming activities and
reporting on tree trimming activities that were carried out in the previous year. Tree trimming
shall be done, at a minimum, by a Journeyman Tree Trimmer, as defined by the Utility, and will
be done in conformance and to comply with OPUC regulations.
I. Removal of street trees within the public right-of-way subject to street tree
removal permits in AMC 13.16.
SECTION 55, 18.61.042.8., Tree Preservation and Protection, Approval and Permit
Required, Verification Permit, of the Ashland Municipal Code, is amended to read
as follows:
18.61.042, Approval and Permit ReqUired
B. TREE REMOVAL - VERIFICATION PERMIT:
1. If a site has received development approval through a planning action consistent
with the standards of this chapter, then a Verification Permit shall be required for
those trees approved for removal through that process. To obtain a verification
permit, an applicant must clearly identify on the property the trees to be
removed by tying pink tagging tape around each tree and submitting a site plan
indicating the location of the requested trees. Vegetation 4" to 6" DBH that is to
be removed shall also be marked with pink tagging tape. The Staff Advisor may
require the building footprint of the development to be staked to allow for
accurate verification of the permit application. The Staff Advisor will then verify
that the requested trees match the site plan approved with the planning action.
The City shall require the applicant to mitigate for the removal of each tree
pursuant to AMC 18.61.084. Such mitigation requirements shall be a condition of
approval of the original development permit.
2. Verification permits shall be required prior to the issuance of an excavation
permit or building permit and prior to any site disturbance and/or storage
of materials on f&r the subject property.
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 28 -
SECTION 56, 18.61.042.0., Tree Preservation and Protection, Approval and Permit
Required, Tree Removal, staff Permit, of the Ashland Municipal Code, is amended
to read as follows:
D. TREE REMOVAL - STAFf PERMIT:
1. Tree Removal-Staff Permits are required for the following activities:
a. Removal of trees greater than 6" DBH on any private lands zoned C-I, E-I, M-
I, or He.
b. Removal of trees greater than 6" DBH on multi-family residentially zoned lots
(R-2, R-3, and R-1-3.5) not occupied solely by a single family detached
dwelling.
c. Removal of significant trees on vacant property zoned for residential purposes
including but not limited to R-I, RR, WR, and NM zones.
d. Removal of significant trees on lands zoned SOU, on lands under the control
of the Ashland School District, or on lands under the control of the City of
Ashland.
2. Applications for Tree Removal - Staff Permits shall be reviewed and approved by the
Staff Advisor pursuant to AMC 18.61.080 (Approval Criteria) and 18.108.0a40 (~
I ProcedureNatiee Refll:lireR'le"ts). If the tree removal is part of another planning
action involving development activities, the tree removal application, if timely filed,
shall be processed concurrently with the other planning action.
SECTION 57, 18.61.050.A., Tree Preservation and Protection, Plans Required, of
the Ashland Municipal Code, is amended to read as follows:
18.61.050 Platts Submittal Requirements.a
A. An application .for all Tree Rer:noval and Tre: Topping Permits shall be R'lade Ul'~"
farR'ls I'reserlbed b., the Clt",. The al'l'heatla" far a Tree ReMeva.... I"errnits
include:
a. Plans drawn to scale sha# containing itoHhe number, size, species and
location of the trees proposed to be removed or topped on a site plan of the
property.
b. The anticipated date of removal or topping.
c. A statement of the reason for removal or topping.
d. Information concerning proposed landscaping or planting of new trees to replace
the trees to be removed, and
e. Evidence that the trees proposed for removal or toppingee have been clearly
identified on the property for visual inspection.
f. A Tree Protection Plan that includes trees located on the subject site that
are not proposed for removal, and any off-site trees where drip lines
extend into proposed landscaped areas on the subject site. Such plans
shall conform to the protection requirements under Section 18.61.200.
g. Any other information reasonably required by the City.
SECTION 58, 18.61.080.B., Tree Preservation and Protection, Criteria for Issuance
of Tree Removal Staff Permit, of the Ashland Municipal Code, is amended to read
as follows:
18.61.080 Criteria for Issuance of Tree Removal Staff Permit
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 29 -
An applicant for a Tree Removal Staff Permit shall demonstrate that the following
criteria are satisfied. The Staff Advisor may require an arborist's report to
substantiate the criteria for a permit.
B. Tree that is Not a Hazard: The City shall issue a tree removal permit for a tree
that is not a hazard if the applicant demonstrates all of the following:
1. The tree is proposed for removal in order to permit the application to be
consistent with other applicable Ashland Land Use Ordinance requirements and
standards, including but not limited to . (e.g. ether applicable Site Design
and Use Standards and Physical and Environmental Constraintst. The Staff
Advisor may require the building footprint of the development to be staked to
allow for accurate verification of the permit application; and
2. Removal of the tree will not have a significant negative impact on erosion, soil
stability, flow of surface waters, protection of adjacent trees, or existing
windbreaks; and
3. Removal of the tree will not have a significant negative impact on the tree
densities, sizes, canopies, and species diversity within 200 feet of the subject
property.
The City shall grant an exception to this criterion when alternatives to the tree
removal have been considered and no reasonable alternative exists to allow the
property to be used as permitted in the zone. Nothing in this section shall require
that the residential density be reduced below the permitted density allowed by
the zone. In making this determination, the City may consider alternative site
plans or placement of structures or alternate landscaping designs that would
lessen the impact on trees, so long as the alternatives continue to comply with
other provisions of the Ashland Land Use Ordinance.
4. The City shall require the applicant to mitigate for the removal of each tree
granted approval pursuant to AMC 18.61.084. Such mitigation requirements shall
be.a condition of approval of the permit.
SECTION 59, 18.61.084, Tree Preservation and Protection, Mitigation Required, of
the Ashland Municipal Code, is amended to read as follows:
18.61.084, Mitigation Required
An applicant fl'tity shall be required to provide mitigation for any tree approved for
removal. The mitigation requirement shall be satisfied by one or more of the
following:
A. Replanting on site. The applicant shall plant either a minimum 1 V2-inch caliper
healthy and well-branched deciduous tree or a 5-6 foot tall evergreen tree for
each tree removed. The replanted tree shall be of a species that will eventually
equal or exceed the removed tree in size if appropriate for the new location.
Larger trees may be required where the mitigation is intended, in part, to
replace a visual screen between land uses. "Suitable" species means the
tree's growth habits and environmental requirements are conducive to
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 30 _
the site, given the existing topography, soils, other vegetation, exposure
to wind and sun, nearby structures, overhead wires, etc. The tree shall be
planted and maintained according to the specifications in the City Tree Planting
and Maintenance Guidelines as approved by the City Council.
B. Replanting off site. If in the City's determination there is insufficient available
space on the subject property, the replanting required in subsection A shall occur
on other property in the applicant's ownership or control within the City, in an
open space tract that is part of the same subdivision, or in a City owned or
dedicated open space or park. Such mitigation planting is subject to the approval
of the authorized property owners. If planting on City owned or dedicated
property, the City may specify the species and size of the tree. Nothing in this
section shall be construed as an obligation of the City to allow trees to be planted
on City owned or dedicated property.
C. Payment in lieu of planting. If in the City's determination no feasible alternative
exists to plant the required mitigation, the applicant shall pay into the tree
account an amount as established by resolution of the City Council.
D. An approved mitigation plan shall be fully implemented within one year
of a tree being removed unless otherwise set forth in a tree removal
application and approved in the tree removal permit.
SECTION 60, 18.61.092, Tree Preservation and Protection, Expiration of Tree
Removal Permits, of the Ashland Municipal Code, is amended to read as follows:
18.61.092, Expiration of Tree Removal Permits
Tree removal permits shall remain valid for a period of one vear189 da."s from the
date of issuance or date of final decision by a hearing body, if applicable. A 30 day
extension shall be automatically granted by the Staff Advisor if requested in writing
before the expiration of the permit. Permits that have lapsed are void. Trees
removed after a tree removal permit has expired shall be considered a violation of
this Chapter.
SECTION 61, 18.62.040.H., Physical and Environmental Constraints, Approval and
Permit Required, Plans Required of the Ashland Municipal Code, is amended to
read as follows:
18.62.040 Approval and Permit Required.
H. Plans Required. The following plans shall be required for any development requiring
a Physical Constraints Review:
1. The plans shall contain the following:
a. Project name.
b. Vicinity map.
c. Scale (the scale shall be at least one inch equals 50 feet or larger) utilizing
the largest scale that fits on 22" x 34" paper. Multiple plans or layers shall be
prepared at the same scale, excluding detail drawings. The Staff Advisor
may authorize different scales and plan sheet sizes for projects,
provided the plans provide sufficient information to clearly identify
and evaluate the application request.
d. North arrow.
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 31 -
e. Date.
f. Street names and locations of all existing and proposed streets within or on
the boundary of the proposed development.
g. Lot layout with dimensions for all lot lines.
h. Location and use of all proposed and existing buildings, fences and structures
within the proposed development. Indicate which buildings are to remain and
which are to be removed.
i. Location and size of all public utilities affected by the proposed development.
j. Location of drainage ways or public utility easements in and adjacent to the
proposed development. Location of all other easements.
k. topographic map of the site at a contour interval of not less than two feet nor
greater than five feet. The topographic map shall also include a slope
analysis, indicating buildable areas, as shown in the graphic.
I. Location of all parking areas and spaces, ingress and egress on the site, and
on-site circulation.
m Accurate locations of all existing natural features including, but not limited to,
all trees as required in 18.62.080.0.1, including those of a caliper equal to or
greater than six inches d.b.h., native shrub masses with a diameter of ten
feet or greater, natural drainage, swales, wetlands, ponds, springs, or creeks
on the site, and outcroppings of rocks, boulders, etc. Natural features on
adjacent properties potentially impacted by the proposed development shall
also be included, such as trees with driplines extending across property lines.
In forested areas, it is necessary to identify only those trees which will be
affected or removed by the proposed development. Indicate any
contemplated modifications to a natural feature.
n. The proposed method of erosion control, water runoff control, and tree
protection for the development as required by this chapter.
o. Building envelopes for all existing and proposed new parcels that contain only
bUildable area, as defined by this Chapter.
p. Location of all irrigation canals and major irrigation lines.
q. Location of all areas of land disturbance, including cuts, fills, driveways,
building sites, and other construction areas. Indicate total area of
disturbance, total percentage of project site proposed for disturbance, and
maximum depths and heights of cuts and fill.
r. Location for storage or disposal of all excess materials resulting from cuts
associated with the proposed development.
s. Applicant name, firm preparing plans, person responsible for plan
preparation, and plan preparation dates shall be indicated on all plans.
t. Proposed timeline for development based on estimated date of approval,
including completion dates for specific tasks.
2. Additional plans and studies as required in Sections 18.62.070, 18.62.080,
18.62.090 and 18.62.100 of this Chapter.
SECTION 62, 18.62.0S0.A., Physical and Environmental Constraints, Land
Classifications, Flood plain Corridor Lands, of the Ashland Municipal Code, is
amended to read as follows:
18.62.050 Land Classifications.
The following factors shall be used to determine the classifications of various lands
and their constraints to building and development on them:
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 32 -
A. Flood plain Corridor Lands - Lands with potential stream flow and flood hazard.
The following lands are classified as Flood plain Corridor lands:
1. All land contained within the 100 year Flood plain as defined by the
Federal Flood Insurance PrOQram Eftu:rgeftC't' P4aftagel't'leftt Ageftcy,
and in maps adopted by Chapter 15.10 of the Ashland Municipal Code.
2. All land within the area defined as Flood plain Corridor land in maps
adopted by the Council as provided for in section 18.62.060.
3. All lands which have physical or historical evidence of flooding in the
historical past.
4. All areas within 20 feet (horizontal distance) of any creek designated for
Riparian Preservation in 18.62.0S0.B and depicted as such on maps
adopted by the Council as provided for in section 18.62.060.
5. All areas within ten feet (horizontal distance) of any drainage channel
depicted on maps adopted by the Council but not designated as Riparian
Preservation.
SECTION 63, 18.62.070. A. , Physical and Environmental Constraints, Development
Standards for Flood Plain Corridor Lands, Standards for Fill, of the Ashland
Municipal Code, is amended to read as follows:
18.62.070 Development Standards for Flood plain Corridor Lands.
For all land use actions which could result in development of the Flood plain Corridor,
the following is required in addition to any requirements of Chapter 15.10:
A. Standards for fill in Flood plain Corridor lands:
1. Fill shall be designed as required by the Uftiferl't'l International Building
Code and International Residential Code, Chapter 79, where applicable.
2. The toe of the fill shall be kept at least ten feet outside of floodway channels,
as defined in section 15.10, and the fill shall not exceed the angle of repose of
the material used for fill.
3. The amount of fill in the Flood plain Corridor shall be kept to a minimum. Fill
and other material imported from off the lot that could displace floodwater
shall be limited to the following:
a. Poured concrete and other materials necessary to build permitted
structures on the lot.
b. Aggregate base and paving materials, and fill associated with approved
public and private street and driveway construction.
c. Plants and other landscaping and agricultural material.
d. A total of 50 cubic yards of other imported fill material.
e. The above limits on fill shall be measured from April 1989, and shall not
exceed the above amounts. These amounts are the maximum cumulative
fill that can be imported onto the site, regardless of the number of permits
issued.
4. If additional fill is necessary beyond the permitted amounts in (3) above, then
fill materials must be obtained on the lot from cutting or excavation only to
the extent necessary to create an elevated site for permitted development.
All additional fill material shall be obtained from the portion of the lot in the
Flood plain Corridor.
5. Adequate drainage shall be provided for the stability of the fill.
6. Fill to raise elevations for a building site shall be located as close to the
outside edge of the Flood plain Corridor as feasible.
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 33 -
SECTION 64, 18.62.070.G., Physical and Environmental Constraints, Development
Standards for Flood Plain Corridor Lands, of the Ashland Municipal Code, is
amended to read as follows:
18.62.070 Development Standards for Flood plain Corridor Lands.
For all land use actions which could result in development of the Flood plain Corridor,
the following is required in addition to any requirements of Chapter 15.10:
G. New non-residential uses may be located on that portion of Flood plain Corridor
lands that equal to or above the flood elevations on the official maps adopted in
section 18.62.060. Second story construction may be cantilevered or supported
by pillars that will have minimal impact on the flow of floodwaters over
the Flood plain corridor for a distance of 20 feet if it does not impact riparian
vegetation, and the clearance from finished grade is at least ten feet in height,
and is sl::Ipperted ""' pillars that will have minimal impact on the flow of
floodwaters. The finished floor elevation may not be more than two feet below
the flood corridor elevations.
SECTION 65, 18.62.080.8.1., Physical and Environmental Constraints,
Development Standards for Hillside Lands, Hillside Grading and Erosion Control, of
the Ashland Municipal Code, is amended to read as follows:
18.62.080 Development Standards for Hillside Lands.
B. Hillside Grading and Erosion Control. All development on lands classified as hillside
shall provide plans conforming with the following items:
1. All grading, retaining wall design, drainage, and erosion control plans for
development on Hillside Lands shall be designed by a geotechnical expert. All
cuts, grading or fills shall conform to Chapter 79 ef the Unifer", International
Building Code and be consistent with the provisions of this Title. Erosion
control measures on the development site shall be required to minimize the solids
in runoff from disturbed areas.
SECTION 66, 18.62.080.0.4., Physical and Environmental Constraints,
Development Standards for Hillside Lands, Tree Conservation, Protection and
Removal, Tree Protection, of the Ashland Municipal Code, is amended to read as
follows:
18.62.080 Development Standards for Hillside Lands.
D. Tree Conservation, Protection and Removal. All development on Hillside Lands shall
conform to the following requirements:
4. Tree Protection. On all properties where trees are required to be preserved
during the course of development, the developer shall follow the following tree
protection standards:
a. All trees designated for conservation shall be clearly marked on the project
site. Prior to the start of any clearing, stripping, stockpiling, trenching,
grading, compaction, paving or change in ground elevation, the applicant
shall install fencing at the drip line of all trees to be preserved adjacent to or
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 34 -
in the area to be altered.
perimeter of the dripline.
fences may be inspected
(see graphie18.61.200)
Temporary fencing shall be established at the
Prior to grading or issuance of any permits, the
and their location approved by the Staff Advisor.
<> Tree Conservat ion
.:\, Guideline
"
'.
b. Construction site activities, including but not limited to parking, material
storage, soil compaction and concrete washout, shall be arranged so as to
prevent disturbances within tree protection areas.
/ - ----,Dripline
TreeQlnClP>'E)// '\(
r I
\ )
\ ,
" /
, /
"-- -~~-'
To provide minimum prol eel ion 101 he
root area, I ake I he greal esl radius
from I runk I 0 dripline and creal e a
regular circle, using I he longesl radius,
ral her I han I 0 follow an irregular,
above ground, exisl ing I ree dripline.
c. No grading, stripping, compaction, or significant change in ground elevation
shall be permitted within the drip line of trees designated for conservation
unless indicated on the grading plans, as approved by the City, and landscape
professional. If grading or construction is approved within the dripline, a
landscape professional may be required to be present during grading
operations, and shall have authority to require protective measures to protect
the roots.
d. Changes in soil hydrology and site drainage within tree protection areas shall
be minimized. Excessive site run-off shall be directed to appropriate storm
drain facilities and away from trees designated for conservation.
e. Should encroachment into a tree protection area occur which causes
irreparable damage, as determined by a landscape professional, to trees, the
Ashland Land Use Ordinance Amendments
First Reading: January is, 2008-p. 35 -
project plan shall be revised to compensate for the loss. Under no
circumstances shall the developer be relieved of responsibility for compliance
with the provisions of this chapter.
SECTION 67, 18.64, SO, Southern Oregon State College District, of the Ashland
Municipal Code, is amended to read as follows:
CHAPTER 18.64, SO, SOUTHERN OREGON UNIVERSITY STATE COLLECE
DISTRICT
SECTION 68, 18.64.010, SO, Southern Oregon State College District, Purpose, of
the Ashland Municipal Code, is amended to read as follows:
18.64.010 Purpose.
This district is designed to provide for the unique needs of 5GS6 SOU as a State
educational institution functioning within the planning framework of the City. It can
be applied to all areas now or hereinafter owned by the State of Oregon acting by
and through the State Board of Higher Education and Southern Oregon state
College University and located within the 5GS6 SOU boundary, as shown on the
5GS6 SOU Comprehensive Plan, adopted by 5GS6 SOU and approved by the City.
SECTION 69, 18.64.020, Southern Oregon State College District, Permitted Uses,
of the Ashland Municipal Code, is amended to read as follows:
18.64.020 Permitted Uses.
A. Uses permitted outright are all those which are directly related to the educational
functions of 5GS6S0U, provided that such uses are indicated and located in
conformance with the adopted and City approved SOSC SOU Comprehensive Plan,
and are greater than fifty (50) feet from privately owned property.
B. Wireless Communication Facilities authorized pursuant to Section
18.72.180.
SECTION 70, 18.64.030, Southern Oregon State College District, Conditional Uses,
of the Ashland Municipal Code, is amended to read as follows:
18.64.030 Conditional Uses.
A. Any use, site design, or construction or alteration of same not agreed upon in
advance by the City and SOSC SOU in the 5GS6 SOU Plan.
B. Any use, site design, or construction within fifty (50) feet of privately-owned
property.
C. Any construction over forty (40) feet in height.
D. Wireless Communication Facilities not permitted outright and authorized
pursuant to Section 18.72.180.
SECTION 71, 18.64.040, Southern Oregon State College District, General
Regulations, of the Ashland Municipal Code, is amended to read as follows:
18.64.040 General Regulations.
Ashland Land Use Ordinance Amendments
First Reading: January is, 2008-p. 36 -
This Chapter, together with the Site Review, Sign and Off-Street Parking Chapters of
this Title, are the only portions of the Title to be effective within the S9S(; SOU
zone, except for areas within fifty (50) feet of privately-owned land, which are
subject to the Chapter on Conditional Use Permits.In addition, the creation or
vacation of public streets or public ways shall be subject to mutual agreement
between the City and S9S(; SOU and all other applicable laws.
SECTION 72, 18.68.040, General Regulations, Yard Measurements, of the Ashland
Municipal Code, is amended to read as follows:
18.68.050, Yard ~4eaSl:lreMents Reauirements.
All yard measurements to and between buildings or structures or for the purpose of
computing coverage or similar requirements shall be made to the building or nearest
projection.thereef and shall be I:Inebstrl:lded freM the grel:lnd I:Ip.....ard, eXf:ept
Ntat-Aarchitectural projections may intrude eighteen (18) inches into the required
yards. reql:lireMent.
SECTION 73, 18.68.090, General Regulations, Nonconforming Uses and Structures,
of the Ashland Municipal Code, is amended to read as follows:
18.68.090, Nonconforming Uses and Structures
A. A non-conforming use or structure may not be enlarged, extended, reconstructed,
substituted, or structurally altered, except as follows:
1. When authorized in accordance with the same procedure as provided in
Conditional Use Chapter 18.104 and the criteria of Section 18.104.050(8
and C), a nonconforming use may be changed to one of the same or a more
restricted nature, except that a Conditional Use Permit need not be
obtained when the use is changed to a permitted use within the zoning
district.
2. When authorized in accordance with the same procedure as provided in
Conditional Use Chapter 18.104 and the criteria of Section 18.104.050(8
and C), aft existing nonconforming structure may be enlarged, extended,
reconstructed or the footprint modified, 8r strl:ldl:lrally altered, except that
a Conditional Use Permit need not be obtained te enlarge er extend a single
taMiI't' heMe in the residential distriet, pre',,'ided that when the addition or
extension meets all requirements of this Title.
3. A non-conforming structure may be enlarged, reeenstrl:lded restored or
rehabilitated er strl:letl:lrally altered if its feetprint is not changed in size or
shape, provided that the use ot the structure is not changed except if in
conformance with the procedures of Section 18.68,090.A.1 above.
4. Nothing in this section shall be deemed to prevent the normal
maintenance and repair of a non-conforming structure or its restoration
to a safe condition when declared to be unsafe by any official charged
with protecting public safety.
5. A legal nonconforming structure or nonconforming use that is damaged
to an extent of 500/0 or more of its replacement cost may be restored
only if the damage was not intentionally caused by the property owner
and the nonconformity is not increased, Any residential structure(s),
including multiple-family, in a residential zone damaged beyond 500/0 of
its replacement cost by a catastrophe, such as fire that is not
intentionally caused by the owner, may be reconstructed at the original
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 37 _
density provided the reconstruction is commenced within 2 years after
the catastrophe.
B. Discontinuance. If the nonconforming use of a building structure, or premises
ceases for a period of six (6) months or more, said use shall be considered
abandoned; and said building, structure, or premises shall thereafter be used only
for uses permitted in the district in which it is located. Discontinuance shall not
include a period of active reconstruction following a fire or other result of natural
hazard; and the Planning Commission may extend the discontinuance period in the
event of special unique unforeseen circumstances.
C. Reactivation. A non-conforming use, which has been abandoned for a period of
more than six (6) months may be reactivated to an equivalent or more restricted use
through the Conditional Use and Site Review process. In evaluating whether or not
to permit the reactivation of a non-conforming use, the Planning Commission, in
addition to using the criteria required for a Conditional Use Permit and Site Review,
shall also use the following additional criteria:
1. That any improvements for the reactivation of the non-conforming use flt-att
existi..g ..0.. Eo..formi..g stnlf:tl:lre on the site shall be less than fifty (50%)
percent of the value of the structure. The value of the structure shall be
determined by either the assessed ....all:le aEEordi..g to the JaEl(so.. COI:I..t'i
Assessor or an independent real estate appraiser licensed in the State of
Oregon. The value of the improvement shall be determined based upon
copies of the contractor's bid for said improvements, which shall be
required with the Conditional Use permit application. Personal property
necessary for the operation of the business or site improvements not included in
the structure shall not be counted as improvements under this criterionNtis
criteria.
2. An assessment that the traffic generated by the proposed use would not be
greater than permitted uses on the site. In assessing the traffic generated by the
proposed use, the Planning Commission shall consider the number of vehicle trips
per day, the hours of operation, and the types of traffic generated; Le., truck or
passenger vehicle. The Planning Commission shall modify the Conditional Use
Permit so that the operation of the non-conforming use is limited to the same
traffic impact as permitted uses in the same zone.
3. That the noise generated by the proposal will be mitigated so that it complies
with the Ashland Noise Ordinance, Chapter 9.08.170, and also that it does not
exceed the average ambient noise level already existing in the area, as measured
by this standard.
4. That there will be no lighting of the property which would have direct illumination
on adjacent uses and that there would be no reflected light from the property
greater than the amount of reflected light from any permitted use in that same
zone.
5. In a residential zone the findings must further address that such reactivation will
further implement Goal VI, Policy 2, Housing Chapter of the Ashland
Comprehensive Plan.
6. Nothing herein shall apply to non-conforming signs, which are governed by the
provisions of Section 18.96.150 of this Code.
D. Building or structure: Nothing contained in this Title shall require any change in
the plans, construction, alteration, or designated use of a structure for which a
building permit has been issued and construction has commenced prior to the
adoption of the ordinance codified herein and subsequent amendments thereto,
except that if the designated use will be nonconforming, it shall, for the purpose of
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 38 -
subsection (B) of this Section, be a discontinued use if not in operation within two
(2) years of the date of issuance of the building permit.
SECTION 74, 18.68.110, General Regulations, Front Yard - General Exception, of
the Ashland Municipal Code, is amended to read as follows:
18.68.110. Front Yard-General Exception
A. If there are dwellings or accessory buildings on both abutting lots (even if separated
by an alley or private way) with front or side yards abutting a public street with
ef less than the required Etepth setback for the district, the front yard for the lot
need not exceed the average yard of the abutting structures.
B. If there is a dwelling or accessory building on one (1) abutting lot with a front yard
of less than the required depth for the district, the front yard need not exceed a
depth one-half (Y2) way between the depth of the abutting lot and the required front
yard depth.
C. The front yard may be reduced to ten (10) feet on hillside lots where the terrain has
an average steepness equal to, or exceeding a one (1) foot rise or fall in twe four
C~-:2) feet of horizontal distance within the entire required yard, said vertical rise or
fall to be measured from the natural ground level at the property line.
SECTION 75, 18.68.140, General Regulations, Accessory Buildings and Structures,
of the Ashland Municipal Code, is amended to read as follows:
18.68.140 Accessory Buildings, attd Structures and Mechanical Equipment.
Accessory buildings and structures shall comply with all requirements for the
principal use except where specifically modified by this Title and shall comply with
the following limitations:
A. A greenhouse or hothouse may be maintained accessory to a dwelling in an R
district.
B. A guest house may be maintained accessory to a single-family dwelling provided
there are no kitchen cooking facilities in the guest house.
C. Mechanical equipment shall be stlbjeet te the previsieAs ef this SeetieA.
Stleh eEltlip",eAt shall not be located between the main structure on the site
and any street adjacent to a front or side yard, and every attempt shall be made
to place such equipment so that it is not visible from adjacent public streets.
Mechanical equipment and
, may be located within required side or rear yards,
provided such installation and operation is consistent with other
provisions of this Title or the Ashland Municipal Code, including but not
limited to noise attenuation. Any installation of mechanical equipment shall
require a building permit.
D. Regardless of the side and rear yard requirements of the district, in a residential
district, a side or rear yard may be reduced to three (3) feet for an accessory
structure erected more than fifty (SO) feet from any street, other than alleys,
provided the structure is detached and separated from other buildings and
structures by ten (10) feet or more, and is no more than fifteen (15) feet in
height. Any conversion of such accessory structure to an accessory
residential unit shall conform to other requirements of this Title for
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 39 -
accessory residential units, including any required planning action
and/or site review.
SECTION 76, 18.68.160, General Regulations, Driveway Grades, of the Ashland
Municipal Code, is amended to read as follows:
18.68.160 Driveway Grades.
Grades for new driveways in all zones shall not exceed a grade of 20% for any
portion of the driveway. All driveways shall be designed in accord with the eriteria
ef the City of Ashland standardsPublie '.\'erlls Del'art....eAt and al'I're.."ed
installed prior to issuance of a certificate of occupancy for new construction. If
required by the City, the developer or owner shall provide certification of driveway
grade by a licensed land surveyor. All vision clearance standards associated with
driveway entrances onto public streets shall not be subject to the Variance section of
this title.
SECTION 77, 18.72, Site Design and Use Standards, of the Ashland Municipal Code,
is amended to read as follows:
Chapter 18.72 SITE DESIGNREVIEW AND USE STANDARDS
SECTION 78, 18.72.030, Site Design and Use Standards, Application, of the
Ashland Municipal Code, is amended to read as follows:
18.72.030 Applicabilitvftefl
Site design aAd tlse standards shall apply to all zones of the city as outlined
below. aAd shall al'I'ly te all de"."elel'....eAt iAdieated iA this Chal'ter, excel't
fer these de",,'e1el'....eAts whieh are regtllated by the Subdh"isieAs (18.89),
the PartitieAiAg (18.76), "aAtlfaetured HetlsiAg (18.84) aAd Perfer....aAce
StaAdards (18.88).
A. ADDlicabilitv. The following development is subject to Site Design
Review:
1. Commercial. Industrial and Mixed uses:
a. All new structures, additions or expansions in C-l, E-l, HC and M
zones.
b. All new non-residential structures or additions (e.g. public
buildings, schools, churches, etc.).
c. Expansion of impervious surface area in excess of 100/0 of the area
of the site or 1,000 square feet, whichever is less.
d. Expansion of parking lots, relocation of parking spaces on a site,
or other changes which affect circulation.
e. Any change of occupancy from a less intensive to a more intensive
occupancy, as defined in the City building code, or any change in
use which requires a greater number of parking spaces.
f. Any change in use of a lot from one general use category to
another general use category, e.g., from residential to commercial,
as defined by the zoning regulations of this Code.
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 40 -
g. Any exterior change to a structure which requires a building
permit and is listed on the National Register of Historic Places or
to a contributing property within an Historic District on the
National Register of Historic Places.
h. Mechanical equipment not otherwise exempt from site design
review per Section 18.72.030(8).
2. Residential uses:
a. Two or more residential units on a single lot.
b. Construction of attached single-family housing (e.g. town homes,
condominiums, row houses, etc.) in all zoning districts.
c. Residential develoDment when off-street parking or landscaping,
in conjunction with an approved Performance Standards
Subdivision required by ordinance and not located within the
boundaries of the individual unit parcel (e.g. shared parking).
d Any exterior change to a structure which requires a building
permit and is individually listed on the National Register of
Historic Places.
e. Mechanical equipment not otherwise exempt from site design
review per Section 18.72.030(8).
8. ExemDtions. The following development is exempt from Site Design
Review application and procedure requirements provided that the
development complies with applicable standards as set forth by this
Chapter.
1. Detached single family dwellings and associated accessory structures
and uses.
2. Land divisions regulated by the following chapters: Partitioning
(18.76), Subdivisions (18.80), Manufactured Housing (18.84) and
Performance Standards (18.88).
3. The following mechanical equipment:
a. Private, non-commercial radio and television antennas not
exceeding a height of seventy (70) feet above grade or thirty (30)
feet above an existing structure, whichever height is greater and
provided no part of such antenna shall be within the yards
required by this Title. A building permit shall be required for any
antenna mast, or tower over fifty (SO) feet above grade or thirty
(30) feet above an existing structure when the same is
constructed on the roof of the structure.
b. Not more than three (3) parabolic disc antennas, each under one
(1) meter in diameter, on anyone lot or dwelling unit.
c. Roof-mounted solar collection devices in all zoning districts, with
the exception of Employment and Commercial zoned properties
located within designated historic districts. The devices shall
comply with solar setback standards described in 18.70 and height
requirements of the respective zoning district.
d. Installation of mechanical equipment not exempted by (a, b, c)
above or (e) below, and which is not visible from a public right-of-
way or adjacent residentially zoned property and consistent with
other provisions of this Title, including solar access, noise, and
setback requirements of Section 18.68.140( c).
e. Routine maintenance and replacement of existing mechanical
equipment in all zones.
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 41 _
SECTION 79, 18.72.040, Approval Process, of the Ashland Municipal Code, is
amended to read as follows:
18.72.040, Approval Process.
Development subject to site design review shall be reviewed in accordance
with the procedures set forth in Chapter 18.108.
A. Staff I"e rift it. The falla.....i"g ty('es af Ele.'e1a('lfte"ts shall be sl:lbjeet ta
a ('('ra'."al I:I"Eler the Staff I"erlftit I"raeeEll:lre. A"', Staff I"erlftit Iftay be
('raeesseEl as a Tj'('e I ('erlftit at the Eliseretia" af the Staff AEI'Jisar.
1. A"'i eha"ge af aeel:l('a"e'j fralft a less i"te"sh'e ta a Iftare i"te"sh:e
aeel:l('a"e1, as Eldi"eEl i" the Cit'f bl:lilEli"g eaEle, ar a"', eha"ge i" I:Ise
whieh reEll:lires a greater "1:Ilftber af ('arld"g s('aees.
2. A"t' aElElitia" less tha" 2,599 sEll:lare feet ar te" ('eree"t af the
bl:lilEli"g's sEll:lare faatage, whiehe'..er is less, ta a bl:lilEli"g.
3. A"y I:Ise v..hieh resl:llts i" three ar less Elwelli"g l:I"its ('er lat, ather
tha" si"gle falftily halftes a" i"Elhl'iEll:lal lats.
4. All i"stallatia"s af Ifteeha"ieal eEll:li('lfte"t i" a"', za"e. I"stallatia" af
Elise a"te""as shall be sl:lbjed ta the reEll:lirelfte"ts af Sedia"
18.72.169. A"'f Elise a"te""a far ealftlftereial I:Ise i" a resiEle"tial za"e
shall alsa be sl:lbjeet ta a Ca"Elitia"al Use I"erlftit (18.194). (OrEl.
2289 S5, 1984; OrEl. 2457 S4, 1988).
5. All i"stallatia" af wireless ealftlftl:l"ieatia" s',stelfts shall be sl:lbjed ta
the reEll:lirelfte"ts af Sedia" 18.72.189, i" aElElitia" ta all a('('lieable
Site Desig" a"EI Use Sta"ElarEls a"EI are sl:lbjed ta the falla'....i"g
a('('ra'4"al ('raeess:
Za"i"g Desig"atia"s AttaeheEl ta Alter"ati'Je Freesta"Eli"g
Existi"g Strl:letl:lres SI:I('('art
Strl:ldl:lres Strl:ldl:l res
ResiEle"tial Za"esf4) GYP I"rahibiteEl I"rahibiteEl
G-4 GYP GYP I"rahibiteEl
C 1 D (Da...,"taw")ffl GYP I"rahibiteEl I"rahibiteEl
C 1 free-.va-, e-.-erla-r- Site Rcvic-.v Site Rewiew GYP
E-l- Site Re....iew Site Re....iew GYP
M-!- Site Review Site Re...ie..... GYP
59 Site Re',,'iew GYP GYP
N~' (Narth ~'al:l"tai") I"rahibiteEl I"rahibiteEl I"rahibiteEl
Histarie Distrietffl GYP I"rahibiteEl PrahibiteEl
A 1 (Air('art O'..erla'f) GYP GYP GYP
HC (Health Care) GYP I"rehibiteEl I"rehibiteEl
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 42 -
...::;: :':::::: ": =:: ::::':'" ~~~"h.. 45 .... ,. ::-.:::':' ro;:::; =: ::' th "
:::::::";::=~.::~. ~'~_':":::.~: :':::= =: =)~ ~=:.:
:==3 :~":i~ :r::i::: ::: :=:~~~1~:i5 E8"''''tI''ie;ti~ f~i,::;.
~~:';'~;;PE?:~~=;:,a..'7::.~t:i:t::::,~:i~:t::~~~::':::~:=:'
6. :: = :ha:,!!~~~~ gt'HetH.e Iiste~ e~:~ :ti:~:~~=~~ ":
~t-;~~aees." (ORD 2892, 521997) (OrEl ---- --, -___; ~~--s-
B. Type I P::ceEl 1:t1"C. T~: ~~~~~~_g t'y"pes af Ele...elap....eAts shall Ite sultjed
t&-il1'prw;aj.tiftEJer the- Type I praceElure:
1. ::v ~~~:~~ ~~ ~~~f a lat fra.... aAe geAeral use categary te att8thcr
:~:~:a~=~::~:~~~!~ e.g., fra!" resiEleAtial ta ca....-;~~;ia~ ~ Eldifled
ItT-the-~eAtAg regulatlaAs af this CaEle.
2. AAY resiEleAtial use which results iA faur ElwemAg uAits ar ....are aA a
1M.
3. All Aew stl"l:tdul:es ~ ~~~~t~A~ greater thaA 2,599 square feet, except
far Elevelap....eAts iAduEleEl iA 5eetiaA 18.72.949(A).
SECTION 80, 18.72.050, Site Design and Use Standards, Detail Site Review Zone,
of the Ashland Municipal Code, is amended to read as follows:
18.72.050 Detail Site Review Zone.
A. The Detail Site Review Zone is that area defined in the Site Design Standards
adopted pursuant to Section 18.72.080.
AAY ~~~~~~c~t iA the Detail Site Re....ie...' ZaAe as Eldil'led iA the Site
:;~ ~~~~s a~e!'te~ pHrsHant te this e~a~::-, :~~ :'.t.lOeCetIs
1-9-,-999 squat'e feet &f' IS laAger thaA 199 feet IA----gt ----v -th, shall Ite
revicweEl accerEliAg ta the Type 2 praceElurc.
B.€. Outside the Downtown Design Standards Zone, new buildings or expansions
of existing buildings in the Detail Site Review Zone shall conform wfth to the
following standards:
B.
1. it. Buildings sharing a common wall or having walls touching at or above grade
shall be considered as one building.
e2.Buildings shall not exceed a building footprint area of 45,000 square feet as
measured outside the exterior walls and including all interior courtyards. For the
purpose of this section an interior courtyard means a space bounded on three or
more sides by walls but not a roof.
3e. Buildings shall not exceed a gross floor area of 45,000 square feet, including all
interior floor space, roof top parking, and outdoor retail and storage areas, with
the following exception:
Automobile parking areas located within the building footprint and in the
basement shall not count toward the total gross floor area. :: :::.: "="= ...:
=- ::ti,:-~' ~~::.~~~ ~ans any flee. leV:,' :~::; =~'" :: ::7.. ~ :
::::::::'c::~ stary shall ha'.;e the sa....e e p EI h
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 43 _
4E1.Buildings shall not exceed a combined contiguous building length of 300 feet.
C~.Inside the Downtown Design Standards Zone, new buildings or expansions of
existing buildings shall not exceed a building footprint area of 45,000 sq. ft. or a gross
floor area of 45,000 sq. ft., including roof top parking, with the following exception:
Automobile parking areas located within the building footprint and in the basement shall
not count toward the total gross floor area. Far the pl:lrpasc af this sediaR,
base""eRt ""eaRS aR"' flaar le'\rel belaw the first star",. iR a bl:lilEliR!I. First start'
shall ha"."e the sa""e ""eaRiR!I as pra~"iEleEl iR the bl:lilEliR!I eaEle.
SECTION 81, 18.72.060, Site Design and Use Standards, Plans Required, of the
Ashland Municipal Code, is amended to read as follows:
18.72.060. Plans Required
The following submittals shall be required in order to determine the project's
compliance with this Chapter:
A site plan containing the following:
A. Project name.
B. Vicinity map.
C. Scale (the scale shall be at least one (1) inch equals fifty (50) feet or larger.)
The Staff Advisor may authorize different scales and plan sheet sizes for
projects, provided the plans provide sufficient information to clearly
identify and evaluate the application request.
D. North arrow.
E. Date.
F. Street names and locations of all existing and proposed streets within or on the
boundary of the proposed development.
G. Lot layout with dimensions for all lot lines.
H. Zoning designations of the proposed development.
I. Zoning designations adjacent to the proposed development.
J. Location and use of all proposed and existing buildings, fences and structures
within the proposed development. Indicate which buildings are to remain and
which are to be removed.
K. Location and size of all public utilities in and adjacent to the proposed
development with the locations shown of:
1. Water lines and meter sizes.
2. Sewers, manholes and c1eanouts.
3. Storm drainage and catch basins.
4. Opportunity-to-recycle site and solid waste receptacle, including proposed
screening.
L. The proposed location of:
1. Connection to the City water system.
2. Connection to the City sewer system.
3. Connection to the City electric utility system.
4. The proposed method of drainage of the site.
M. Location of drainage ways or publiC utility easements in and adjacent to the
proposed development.
N. Location, size and use of all contemplated and existing public areas within the
proposed development.
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 44 -
O. All fire hydrants proposed to be located near the site and all fire hydrants
proposed to be located within the site.
P. A topographic map of the site at a contour interval of at least five (5) feet.
Q. Location of all parking areas and all parking spaces, ingress and egress on the
site, and on-site circulation.
R. Use designations for all areas not covered by building.
S. Locations of all existing natural features including, but not limited to, any existing
trees of a caliber greater than six inches diameter at breast height, except in
forested areas, and any natural drainage ways or creeks existing on the site, and
any outcroppings of rocks, boulders, etc. Indicate any contemplated
modifications to a natural feature.
T. A landscape plan showing the location, type and variety, size and any other
pertinent features of the proposed landscaping and plantings. At time of
installation, such plans shall include a layout of irrigation facilities and ensure the
plantings will continue to grow.
U. The elevations and locations of all proposed signs for the development.
V. Exterior elevations of all buildings to be proposed on the site. Such plans shall
indicate the material, color, texture, shape and other design features of the
building, including all mechanical devices. Elevations shall be submitted drawn to
scale of one inch equals ten feet or greater.
W. A written summary showing the following:
1. For commercial and industrial developments:
a. The square footage contained in the area proposed to be developed.
b. The percentage of the lot covered by structures.
c. The percentage of the lot covered by other impervious surfaces.
d. The total number of parking spaces.
e. The total square footage of all landscaped areas.
2. For residential developments:
a. The total square footage in the development.
b. The number of dwelling units in the development (include the units by the
number of bedrooms in each unit, e.g., ten one-bedroom, 25 two-
bedroom, etc).
c. Percentage of lot coverage by:
i. Structures.
ii. Streets and roads.
iii. Recreation areas.
iv. Landscaping.
v. Parking areas.
3. For all developments, the following shall also be required: The method and
type of energy proposed to be used for heating, cooling and lighting of the
building, and the approximate annual amount of energy used per each source
and the methods used to make the approximation.
SECTION 82, 18.72.080, Site Design and Use Standards, Site Design Standards, of
the Ashland Municipal Code, is amended to read as follows:
18.72.080 Site Design Standards.
A. The Council may adopt standards by ordinance for site design and use. These
standards may contain:
1. Additional approval criteria for developments affected by this Chapter.
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 45 _
2. Information and recommendations regarding project and unit design and layout,
landscaping, energy use and conservation, and other considerations regarding
the site design.
3. Interpretations of the intent and purpose of this Chapter applied to specific
examples.
4. Other information or educational materials the Council deems advisable.
B. Before the Council may adopt or amend the guidelines, a public hearing must be held
by the Planning Commission and a recommendation and summary of the hearing
forwarded to the Council for its consideration.
C. The Site Design and Use Standards adopted by Ordinance No's. 2690, 2800,
2825 and 2900, shall be applied as follows:
1. The Multi-family Residential Development Standards in Section II.B. shall
be applied to the construction of attached single-family housing (e.g.
town homes, condominiums, row houses, etc.).
2. The Commercial, Employment, and Industrial Development standards in
Section II.C. shall be applied to non-residential development (e.g. public
buildings, schools, etc.).
SECTION 83, 18.72.105, Site Design and Use Standards, Expiration of Site Design
Review Approval, of the Ashland Municipal Code, is added and reads as follows:
18.72.105 Exoiration of Site Desian Review Aooroval.
Site design review approval granted under this Chapter shall expire if no
building permit or public improvement plan for the project has been
approved by the City within twelve (12) months of site design review
approval.
SECTION 84, 18.72.120, Site Design and Use Standards, Controlled Access, of the
Ashland Municipal Code, is amended to read as follows:
18.72.120 Controlled access.
A. Prier te aAny partitioning or subdivision of property located in an R-2, R-3, C-1,
E-1 or M-1 zone shall meet the controlled access standards set forth in section
(B) below. shall be al'l'lieEt a"Et, if "eeessary, If applicable, cross access
easements shall be required so that access to all properties created by the
I'artitie"i"g land division can be made from one or more points.
B. Street and driveway Aaccess points in an R-2, R-3, C-1, E-1 or M-1 zone shall
be limited to the following:
1. Distance between driveways.
On arterial streets - 100 feet;
on collector streets - 75 feet;
on residential streets - 50 feet.
2. Distance from intersections.
On arterial streets - 100 feet;
on collector streets - 50 feet;
on residential streets - 35 feet.
C. \'isie" eleara"ee sta"EtarEts.
1. Ne ebstrl:Jetie"s greater tha" t'.rJe a"Et e"e half fed high, "er a"f
la"Etseal'i"g "',hieh .....i11 grev. greater tha" t.....e a"Et e"e half fed high,
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 46 -
with the exeeptial'l af trees ....hase eal'lap'f heights are at all ti",es
greater thal'l eight feet, ",at be plaeeEl il'l a '4"isial'l elearal'lee area
E1eter",il'leEl as fallaws:
The ~'isial'l E1earal'lee area at the il'ltersedial'l af t.....a streets is the
trial'lgle far",eEl by a Iil'le eal'll'ledil'lg pail'lts 25 feet fra", the il'ltersedial'l
af prapert'{lil'les. 11'1 the ease af al'l il'lterseetial'l il'l'.'al',i'il'lg al'l alley al'lEl a
street, the trial'lgle is far",eEl l3'f a Iil'le Eal'll'ledil'lg pail'lts tel'l feet alal'lg
the alle'( al'lEl 25 feet alal'lg the street. '.....hel'l the al'lgle af il'ltersedial'l
l3et'.-Jeel'l the street al'lEl the aile'; is less thal'l 39 E1egrees, the E1istal'lee
shall be 25 feet. Na strl:letl:lre ar partial'l thereaf shall be eredeEl withil'l
tel'l feet af the E1ri....evJats.
2. State af Oregal'l ':isial'l Clearal'lce Stal'lElarEls. The fallawil'lg stappil'lg site
E1istal'lEes shall appl', ta all State Highwa';s withil'l the Cit'j i;Jith the
presEril3eEl speeEl Ii",its. Vertical stappil'lg sight E1istal'lce ta be l3aseEl al'l
E1istal'lee fra", three al'lEl al'le half feet al3a....e pa'.le",el'lt ta a pail'lt six feet
al3a'.e the pa'.'e"'el'lt. (OrEl.2544 Sl, 1989)
30 mph200 feet
35 "'ph225 feet
49 "'ph275 feet
45 "'ph325 feet
55 "'ph459 feet
3. The ',,"isial'l E1earal'lEe stal'lElarEls estal3lisheEl b)' this sedial'l are l'Iat sl:ll3jed
ta the Varial'lEe sedial'l af this title. (OrEl. 2695 S2, 1990)
BC.
1.
Access Requirements for Multi-family Developments.
All multi-family developments which will have automobile trip generation in
excess of 250 vehicle trips per day shall provide at least two driveway access
points to the development. Trip generation shall be determined by the methods
established by the Institute of Transportation Engineers.
2. Creating an obstructed street, as defined in 18.88.020.G, is prohibited.
SECTION 85, 18.72.170. Site Design and Use Standards, Development Standards
for Disc Antennas, of the Ashland Municipal Code, is amended to read as follows:
18.72.170 Development Standards for Disc Antennas
A. Building Permit Required. All disc antennas shall be subject to review and approval
of the building official where required by the Building Code.
B. Development Standards. All disc antennas shall be located, designed, constructed,
treated and maintained in accordance with the following standards:
1. Antennas shall be installed and maintained in compliance with the requirements of
the Building Code.
2. Disc antennas exceeding one (1) meter 36 il'lEhes in diameter shall not be
permitted on the roof, except where there is no other location on the lot which
provides access to receiving or transmitting signals. In no case shall any part of
any antenna be located more than ten feet above the apex of the roof surface.
Antennas mounted on the roof shall be located in the least visible location as
viewed from adjacent right-of-ways, and residential structures in residential zones.
3. No more than one disc antenna shall be permitted on each tract of land.
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 47 -
4. Ground mounted disc antennas shall be erected or maintained to the rear of the
main building, except in those instances when the subject property is cul-de-sac or
corner lot where the side yard is larger than the rear yard, in which case the
antenna may be located in the side yard. Antennas shall not be located in any
required setback area. No portion of an antenna array shall extend beyond the
property lines or into any front yard area. Guy wires shall not be anchored within
any front yard area but may be attached to the building.
5. Antennas may be ground-mounted, free standing, or supported by guy wires,
buildings, or other structures in compliance with the manufacturer's structural
specifications. Ground-mounted antennas shall be any antenna with its base
mounted directly in the ground, even if such antenna is supported or attached to
the wall of a building.
6. The antenna, including guy wires, supporting structures and accessory equipment,
shall be located and designed so as to minimize the visual impact on surrounding
properties and from public streets. Antennas shall be screened through the
addition of architectural features and/or landscaping that harmonize with the
elements and characteristics of the property. The materials used in constructing
the antenna shall not be unnecessarily bright, shiny, garish, or reflective.
Whenever possible, disc antennas shall be constructed out of mesh material and
painted a color that will blend with the background.
7. Antennas shall meet all manufacturer's specifications. The mast or tower shall be
non-combustible. Corrosive hardware, such as brackets, turnbuckles, clips and
similar type equipment if used, shall be protected by plating or otherwise to guard
against corrosion.
8. Every antenna must be adequately grounded, for protection against a direct strike
of lightning, with an adequate ground wire. Ground wires shall be of the type
approved by the latest edition of the Electrical Code for grounding masts and
lightning arrestors and shall be installed in a mechanical manner, with as few
bends as possible, maintaining a clearance of at least two inches from combustible
materials. Lightning arrestors shall be used that are approved as safe by the
Underwriters' Laboratories, Inc., and both sides of the line must be adequately
protected with proper arrestors to remove static charges accumulated on the line.
When lead-in conductors of polyethylene ribbon-type are used, lightning arrestors
must be installed in each conductor. When coaxial cable or shielded twin lead is
used for lead-in, suitable protection may be provided without lightning arrestors by
grounding the exterior metal sheath.
9. Antennas may contain no sign or graphic design as defined in the Ashland Sign
Code, even if the sign is permitted on the property.
SECTION 86, 18.72.180, Site Design and Use Standards, Development Standards
for Wireless Communication Facilities, of the Ashland Municipal Code, is amended
to read as follows:
18.72.180 Development Standards for Wireless Communication Facilities.
A. Purpose and Intent - The purpose of this section is to establish standards that
regulate the placement, appearance and impact of wireless communication facilities,
while providing residents with the ability to access and adequately utilize the services
that these facilities support.
Because of the physical characteristics of wireless communication facilities, the
impact imposed by these facilities affect not only the neighboring residents, but the
community as a whole.
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 48 -
The standards are intended to ensure that the visual and aesthetic impacts of
wireless communication facilities are mitigated to the greatest extent possible,
especially in or near residential areas.
B. Submittals - In addition to the submittals required in section 18.72.060, the
following items shall be provided as part of the application for a wireless
communication facility.
1. A photo of each of the major components of a similar installation, including a
photo montage of the overall facility as proposed.
2. Exterior elevations of the proposed wireless communication facility (min 1"=10').
3. A set of manufacturers specifications of the support structure, antennas, and
accessory buildings with a listing of materials being proposed including colors of
the exterior materials.
4. A site plan indicating all structures, land uses and zoning designation within 150
feet of the site boundaries, or 300 feet if the height of the structure is greater
than 80 feet.
5. A map showing existing wireless communication facility sites operated by the
applicant within a 5 mile radius of the proposed site.
6. A collocation feasibility study that adequately indicates collocation efforts were
made and states the reasons collocation can or cannot occur.
7. A copy of the lease agreement for the proposed site showing that the agreement
does not preclude collocation.
8. Documentation detailing the general capacity of the tower in terms of the number
and type of antennas it is designed to accommodate.
9. Any other documentation the applicant feels is relevant to comply with the
applicable design standards.
10. Documentation that the applicant has held a local community meeting to inform
members of the surrounding area of the proposed wireless communication
facility. Documentation to include:
a. a copy of the mailing list to properties within 300' of the proposed facility.
b. a copy of the notice of community meeting, mailed one week prior to the
meeting.
c. a copy of the newspaper ad placed in a local paper one week prior to the
meeting.
d. a summary of issues raised during the meeting.
C. Design Standards - All wireless communication facilities shall be located, designed,
constructed, treated and maintained in accordance with the following standards:
1. General Provisions
a. All facilities shall be installed and maintained in compliance with the
requirements of the Building Code. At the time of building permit application,
written statements from the Federal Aviation Administration (FAA), the
Aeronautics Section of the Oregon Department of Transportation, and the
Federal Communication Commission that the proposed wireless
communication facility complies with regulations administered by that agency,
or that the facility is exempt from regulation.
b. All associated transmittal equipment must be housed in a building, above or
below ground level, which must be designed and landscaped to achieve
minimal visual impact with the surrounding environment.
c. Wireless communication facilities shall be exempted from height limitations
imposed in each zoning district.
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 49 -
d. WCF shall be installed at the minimum height and mass necessary for its
intended use. A submittal verifying the proposed height and mass shall be
prepared by a licensed engineer.
e. Signage for wireless communication facilities shall consist of a maximum of
two non-illuminated signs, with a maximum of two square feet each stating
the name of the facility operator and a contact phone number.
f. Applicant is required to remove all equipment and structures from the site
and return the site to its original condition, or condition as approved by the
Staff Advisor, if the facility is abandoned for a period greater than six
months. Removal and restoration must occur within 90 days of the end of the
six month period.
2. Preferred Designs
a. Where possible, the use of existing WCF sites for new installations shall be
encouraged. Collocation of new facilities on existing facilities shall be the
preferred option.
b. If (a) above is not feasible, WCF shall be attached to pre-existing structures,
when feasible.
c. If (a) or (b) above are not feasible, alternative structures shall be used with
design features that conceal, camouflage or mitigate the visual impacts
created by the proposed WCF.
d. If (a), (b), or (c) listed above are not feasible, a monopole design shall be
used with the attached antennas positioned in a vertical manner to lessens
the visual impact compared to the antennas in a platform design. Platform
designs shall be used only if it is shown that the use of an alternate attached
antenna design is not feasible.
e. Lattice towers are prohibited as freestanding wireless communication support
structures.
3. Landscaping. The following standards apply to all WCF with any primary or
accessory equipment located on the ground and visible from a residential use or
the public right-of-way
a. Vegetation and materials shall be selected and sited to produce a drought
resistant landscaped area.
b. The perimeter of the WCF shall be enclosed with a security fence or wall.
Such barriers shall be landscaped in a manner that provides a natural sight
obscuring screen around the barrier to a minimum height of six feet.
c. The outer perimeter of the WCF shall have a 10 foot landscaped buffer zone.
d. The landscaped area shall be irrigated and maintained to provide for proper
growth and health of the vegetation.
e. One tree shall be required per 20 feet of the landscape buffer zone to provide
a continuous canopy around the perimeter of the WCF. Each tree shall have a
caliper of 2 inches, measured at breast height, at the time of planting.
4. Visual Impacts
a. Antennas, if attached to a pre-existing or alternative structure shall be
integrated into the existing building architecturally and, to the greatest extent
possible, shall not exceed the height of the pre-existing or alternative
structure.
b. Wireless communication facilities shall be located in the area of minimal visual
impact within the site which will allow the facility to function consistent with
its purpose.
c. Antennas, if attached to a pre-existing or alternative structure shall have a
non-reflective finish and color that blends with the color and design of the
structure to which it is attached.
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 50 _
d. WCF, in any zone, must be set back from any residential zone a distance
equal to twice its overall height. The setback requirement may be reduced if,
as determined by the Hearing Authority, it can be demonstrated through
findings of fact that increased mitigation of visual impact can be achieved
within of the setback area. Underground accessory equipment is not subject
to the setback requirement.
e. Exterior lighting for a WCF is permitted only when required by a federal or
state authority.
f. All wireless communication support structures must have a non-reflective
finish and color that will mitigate visual impact, unless otherwise required by
other government agencies.
g. Should it be deemed necessary by the Hearing Authority for the mitigation of
visual impact of the WCF, additional design measures may be required.
These may include, but are not limited to: additional camouflage materials
and designs, facades, specific colors and materials, masking, shielding
techniques.
5. Collocation standards
a. Each addition of an antenna to an existing WCF requires a building permit,
unless the additional antenna increases the height of the facility more than
ten feet.
b. Addition of antennas to an existing WCF that increases the overall height of
the facility more than ten feet is subject to a site review. "(ORD 2802, S3
1997)
D. All installation of wireless communication systems shall be subject to the
requirements of this section in addition to all applicable Site Design and Use
Standards and are subject to the following approval process:
Zonina Desianations Attached to Alternative Freestanding
Existina Structures SUDDort
Structures Structures
Residential Zones(l) CUP Prohibited Prohibited
C-l CUP CUP Prohibited
C-l-D (Downtown)(2) CUP Prohibited Prohibited
C-l - Freewav overlav Site Review Site Review CUP
E-l Site Review Site Review CUP
M-l Site Review Site Review CUP
SOU Site Review CUP CUP
NM (North Mountain) Prohibited Prohibited Prohibited
Historic District(2) CUP Prohibited Prohibited
A-l (AirDort Overlav) CUP CUP CUP
HC (Health Care) CUP Prohibited Prohibited
Ashland Land Use Ordinance Amendments
First Reading: January is, 2008-p. 51 -
SECTION 87, 18.76.040, Partitions, Administrative Preliminary Approval, of the
Ashland Municipal Code is deleted as follows:
18.76.949. Adrni"istrative I"relirni"ar"w" ADDreval
I"relirni"ar,' appre"."al fer all rni"er la"d partitie"s which require "e T,'pe II
",{aria"ces shall be precessed t1"der the T"jpe I precedtlre.
SECTION 88, 18.76.050, Partitions, Preliminary Approval by the Planning
Commission, of the Ashland Municipal Code, is amended to read as follows:
18.76.050. Preliminary Approval b",' the I"la""i"EI Cernrnissie"
If the prepesed partitie" dees "et appear te cernpl", with the reqtlirerne"ts
fer reuti"e adrni"istrative appreyal, the prepesal shall be stlbrnitted te the
I"la""i"g Cernrnissie" a"d An application for a preliminary partition shall be
approved when the following conditions exist:
A. The future use for urban purposes of the remainder of the tract will not be
impeded.
B. The development of the remainder of any adjoining land or access thereto will
not be impeded.
C. The tract of land has not been partitioned for 12 months.
D. The partitioning is not in conflict with any law, ordinance or resolution applicable
to the land.
E. The partitioning is in accordance with the design and street standards contained
in the Chapter 18.88, Performance Standards Options. COrd 2836 58, 1999)
F. When there exists adequate public facilities, or proof that such facilities can be
provided, as determined by the Public Works Director and specified by City
documents, for water, sanitary sewers, storm sewer, and electricity.
G. When there exists a 20-foot wide access along the entire street frontage of the
parcel to the nearest fully improved collector or arterial street, as designated in
the Comprehensive Plan. Such access shall be improved with an asphaltic
concrete pavement designed for the use of the proposed street. The minimum
width of the street shall be 20-feet with all work done under permit of the Public
Works Department.
1. The Public Works Director may allow an unpaved street for access for a minor
land partition when all of the following conditions exist:
a. The unpaved street is at least 20-feet wide to the nearest fully improved
collector or arterial street.
b. The centerline grade on any portion of the unpaved street does not
exceed ten percent.
2. Should the partition be on an unpaved street and paving is not required, the
applicant shall agree to participate in the costs and to waive the rights of the
owner of the subject property to remonstrate both with respect to the owners
agreeing to participate in the cost of full street improvements and to not
remonstrate to the formation of a local improvement district to cover such
improvements and costs thereof. Full street improvements shall include
paving, curb, gutter, sidewalks and the undergrounding of utilities. This
requirement shall be precedent to the signing of the final survey plat, and if
the owner declines to so agree, then the application shall be denied.
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 52 -
H. Where an alley exists adjacent to the partition, access may be required to be
provided from the alley and prohibited from the street.
SECTION 89, 18.76.060, Partitions, Preliminary Approval of Flag Partitions, of the
Ashland Municipal Code, is amended to read as follows:
18.76.060, Preliminary Approval of Flag Partitions, Partitions involving the creation of
flag lots shall be approved by the Planning Commission if the following conditions are
satisfied:
A. Conditions of the previous section have been met.
B. Except as provided in subsection 18.76.060.K, the flag drive for one flag lot
shall have a minimum width of 15 feet, and a 12 foot paved driving surface.
For drives serving two lots, the flag drive shall be 20 feet wide, with 15 feet of
driving surface to the back of the first lot, and 12 feet, respectively, for the
rear lot. Drives shared by adjacent properties shall have a width of 20 feet,
with a 15 foot paved driving surface.
Flag drives shall be constructed so as to prevent surface drainage from
flowing over sidewalks or other public ways. Flag drives shall be in the same
ownership as the flag lots served. Where two or more lots are served by the
same flag drive, the flag drive shall be owned by one of the lots and an
easement for access shall be granted to the other lot or lots. There shall be
no parking 10 feet on either side of the flag drive entrance.
Flag drive grades shall not exceed a maximum grade of 15%. Variances may
be granted for flag drives for grades in excess of 15% but no greater than
18% for no more than 200'. Such variances shall be required to meet all of
the criteria for approval as found in 18.100.
Flag drives serving structures greater than 24 feet in height, as defined in
18.08.290, shall provide a Fire Work Area of 20 feet by 40 feet within 50 feet
of the structure. The Fire Work Area requirement shall be waived if the
structure served by the drive has an approved automatic sprinkler system
installed.
Flag drives and fire work areas shall be deemed Fire Apparatus Access Roads
under the Oregon U"iferfft Fire Code and subject to all requirements
thereof.
When required by the Oregon Fire Code, Fflag drives greater than 150
~ feet in length shall provide a turnaround as defined in the Performance
Standards Guidelines in 18.88.090. The Staff Advisor, in coordination
with the Fire Code Official, may extend the distance of the turnaround
requirement up to a maximum of 250 feet in length when taking the
following factors into consideration:
1. Oregon Fire Code access exemptions.
2. Physical constraints such as slope, significant trees, cuts and
fills.
3. Transportation layout and traffic impacts.
4. Number of units served by the flag drive.
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 53 -
C. Each flag lot has at least three parking spaces situated in such a manner as to
eliminate the necessity for backing out.
D. Curb cuts have been minimized, where possible, through the use of common
driveways.
E. Both sides of the flag drive have been screened with a site-obscuring fence,
wall or evergreen hedge to a height of from four to six feet, except in the
front yard setback area where, starting five feet from the property line, the
height shall be from 30 to 42 inches in the remaining setback area. Such
fence or landscaping shall be placed at the extreme outside of the flag drive
in order to ensure adequate fire access.
F. The applicant has executed and filed with the Planning Director an agreement
between applicant and the city for paving and screening of the flag drive.
Such an agreement shall specify the period within which the applicant, or
agent for applicant, or contractor shall complete the paving to standards as
specified by the Director of Public Works and screening as required by this
section, and providing that if applicant should fail to complete such work
within such period, the City may complete the same and recover the full cost
and expense thereof from the applicant. An agreement shall also provide for
the maintenance of the paving and screening to standards as indicated in this
section and the assurance that such maintenance shall be continued.
G. A site plan has been approved by the Planning Commission. The site plan
shall be approved provided the regulations of the zoning and subdivision titles
are satisfied. Such a site plan shall contain the map requirements listed in
Section 18.76.050 and the following information:
1. The location of driveways, turnarounds parking spaces and useable yard
areas.
2. The location and type of screening.
3. For site plans of a flag lot, the building envelope shall be identified.
H. No more than two lots are served by the flag drive.
1. For the purpose of meeting the minimum lot area requirement, the lot area,
exclusive of the flag drive area, must meet the minimum square footage
requirements of the zoning district.
J. Flag lots shall be required to provide a useable yard area that has a minimal
dimension of 20 feet wide by 20 feet deep. As used in this chapter, the term
"useable yard area" means a private yard area which is unobstructed by a
structure or automobile from the ground upward.
K. Flag lots adjacent to an alley shall meet all of the requirements of this
section, except that:
1. Vehicle access shall be from the alley only where required as a condition
of approval;
2. No screening and paving requirements shall be required for the flagpole;
3. A four foot pedestrian path shall be installed within the flag pole,
improved and maintained with either a concrete, asphalt, brick, or paver
block surface from the street to the buildable area of the flag lot;
4. The flag pole width shall be no less than eight feet wide and the entrance
of the pole at the street shall be identified by the address of the flaglot
clearly visible from the street on a 4" X 4" post 3112 feet high. The post
shall be painted white with black numbers 3 inches high running vertically
down the front of the post. For flagpoles serving two or more dwellings,
the addresses of such dwellings shall be on a two feet by three feet white
sign clearly visible from the street with three inch black numbers.
Ashland Land Use Ordinance Amendments
First Reading: January is, 2008-p. 54 -
SECTION 90, 18.76.075, Partitions, Expiration of Preliminary Partition Plan, of the
Ashland Municipal Code, is added and reads as follows:
18.76.075, Expiration.of Preliminarv Partition Plan.
Preliminary partition plans approved under this Chapter shall expire if a
final partition plat has not been approved by the City within eighteen (18)
months of preliminary plan approval.
SECTION 91, 18.88.050.E., Performance Standards Options, Street Standards,
Street Grade, of the Ashland Municipal Code, is amended to read as follows:
18.88.050 Street Standards.
E. Street Grade. Street grades measured at the street centerline for dedicated streets
and flag drives shall be as follows:
1. Street and private drive grades in Performance Standards Developments shall not
exceed a maximum grade of 15%. No variance may be granted to this section
for public streets. Variances may be granted for private drives for grades in
excess of 15% but not greater than 18% for no more than 200'.. Such variances
shall be required to meet all of the criteria for approval as found in 18.100.
Private drives serving structures greater than 24' in height, as defined in 18.08.290,
shall provide a Fire Work Area of 20' by 40' within 50' of the structure. The Fire
Work Area requirement shall be waived if the structure served by the drive has an
approved automatic sprinkler system installed.
Private drives and work areas shall be deemed Fire Lanes and subject to all
requirements thereof.
When required by the Oregon Fire Code, pprivate drives greater than ~ 150
feet in length shall provide a turnaround as defined in the Performance Standards
Guidelines as provided in 18.88.090. The Staff Advisor, in coordination with the
Fire Code Official, may extend the distance of the turnaround requirement
up to a maximum of 250 feet in length when taking the following factors
into consideration:
1. Oregon Fire Code access exemptions.
2. Physical constraints such as slope, significant trees, cuts and fills.
3. Transportation layout and traffic impacts.
4. Number of units served by the flag drive.
SECTION 92, 18.92.070, Off-Street Parking, Automobile Parking Design
Requirements, of the Ashland Municipal Code, is amended to read as follows:
18.92.070 Automobile Parking Design Requirements
A. Size and Access. All required parking areas shall be designed in accordance with the
parking layout chart at the end of this Chapter. Parking spaces shall be a minimum
of 9 x 18 feet, except that 50% of the spaces may be compact spaces in accord with
18.92.050. Parking spaces &ftfI shall have a 22 feet back-up maneuvering
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 55 -
space no less than twenty-two (22) feet, except where parking is angled, and
which does not necessitate moving of other vehicles.
B. Driveways and Turn-Arounds. Driveways and turn-arounds providing access to
parking areas shall conform to the following provisions:
1. A driveway for a single dwelling shall have a minimum width of nine feet, and a
shared driveway serving two units shall have a width of 12 feet.
2. Parking areas of more than seven parking spaces per lot shall be provided with
adequate aisles or turn-around areas so that all vehicles may enter the street in a
forward manner.
3. Parking areas of more than seven parking spaces shall be served by a driveway
20 feet in width and constructed to facilitate the flow of traffic on or off the site,
with due regard to pedestrian and vehicle safety, and shall be clearly and
permanently marked and defined. Parking areas of seven spaces or less shall be
served by a driveway 12 feet in width.
4. Shared Use of Driveways and Curb Cuts.
a. Developments subject to a planning action or divisions of property, either by
minor land partition or subdivision, shall minimize the number of driveway
intersections with streets by the use of shared driveways with adjoining lots
where feasible. In no case shall driveways be closer than 24 feet as measured
from the bottom of the existing or proposed apron wings of the driveway
approach.
b. Plans for property being partitioned or subdivided or for multi-family
developments shall indicate how driveway intersections with streets have
been minimized through the use of shared driveways and shall indicate all
necessary access easements.
c. Developments subject to a planning action shall remove all curb cuts and
driveway approaches not shown to be necessary for existing improvements or
the proposed development. Cuts and approaches shall be replaced with
standard curb, gutter or sidewalk as appropriate. All replacement shall be
done under permit of the Engineering Division.
C. Vertical Clearances. Driveways, aisles, turn-around areas and ramps shall have a
minimum vertical clearance of 13'6" for their entire length and width.
D. Vision Clearance. No obstructions may be placed in the vision clearance area
except as set forth in Section 18.68.020. Na signs, strtldtlres ar \;egetatian
ift eXEess af t-.....a and ane half feet in height shall be plaEed in the '.isian
dearanee area. The ,,'isian dearanee area is the triangle farMed b', a line
eanneding paints 25 feet fraM the interseetian af praperty lines. In the
ease af an intersedian in...al....ing an alle'7' and a street, the triangle is farMed
b't' a line Eanneding paints ten (10) feet alang the aile', and 25 feet alang
the street. '.l.'hen the angle af interseetian bet....'een the street and the alley
is less than 30 degrees, the distanEe shall be 25 feet. Na signs, strtldtlres
ar .'egetatian ar partian thereaf shall be ereded "'lithin ten (10) feet af
dri....ewa.7.s tlnless the saMe is less than twa and ane half feet in height. The
',.-isian dearanEe standards established by this sedian are nat stlbjed ta the
'Jarianee sedian af this title.
E. Development and Maintenance. The development and maintenance as provided
below, shall apply in all cases, except single-family dwellings.
1. Paving. All required parking areas, aisles, turn-arounds and driveways shall be
paved with concrete, asphaltic or comparable surfacing, constructed to standards
on file in the office of the City Engineer.
2. Drainage. All required parking areas, aisles and turn-arounds shall have
provisions made for the on-site collection of drainage waters to eliminate sheet
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 56 -
flow of such waters onto sidewalks, public rights-of-way, and abutting private
property.
3. Driveway approaches. Approaches shall be paved with concrete surfacing
constructed to standards on file in the office of the City Engineer.
4. Marking. Parking lots of more than seven spaces shall have all spaces
permanently and clearly marked.
5. Wheel stops. Wheel stops shall be a minimum of four inches in height and
width and six feet in length. They shall be firmly attached to the ground and so
constructed as to withstand normal wear. Wheel stops shall be provided where
appropriate for all spaces abutting property lines, buildings, landscaping, and no
vehicle shall overhang a public right-of-way.
6. Walls and Hedges.
a. Where parking abuts upon a street, a decorative masonry wall or evergreen
hedge screen of 30-42 inches in height and a minimum of 12" in width shall
be established parallel to and not nearer than two feet from the right-of-way
line. Screen planting shall be of such size and number to provide the required
screening within 12 months after installation. The area between the wall or
hedge and street line shall be landscaped. All vegetation shall be adequately
maintained by a permanent irrigation system, and said wall or hedge shall be
maintained in good condition. The required wall or screening shall be
designed to allow for free access to the site and sidewalk by pedestrians.
b. In all zones, except single-family zones, where parking facilities or driveways
are located adjacent to residential or agricultural zones, school yards, or like
institutions, a sight-obscuring fence, wall, or evergreen hedge not less than
five feet, nor more than six feet high shall be provided on the property line as
measured from the high grade side. Said wall, fence or hedge shall be
reduced to 30 inches within required setback area, or within 10 feet of street
property lines, and shall be maintained in good condition. Screen plantings
shall be of such size and number to provide the required screening within 12
months after installation. Adequate provisions shall be made to protect walls,
fences or plant materials from being damaged by vehicles using said parking
areas.
7. Landscaping. In all zones, all parking facilities shall include landscaping to
cover not less than 7% of the area devoted to outdoor parking facilities, including
the landscaping required in subdivision 6(a) above. Said landscaping shall be
uniformly distributed throughout the parking area, be provided with irrigation
facilities and protective curbs or raised wood headers. It may consist of trees,
plus shrubs, ground cover or related material. A minimum of one tree per seven
parking spaces is required.
8. Lighting of parking areas within 100 feet of property in residential zones shall be
directed into or on the site and away from property lines such that the light
element shall not be directly visible from abutting residential property.
SECTION 93, 18.96.070, Sign Regulations, Residential sign Regulations, of the
Ashland Municipal Code, is amended to read as follows:
18.96.070 Residential and North Mountain Sign Regulations.
Signs in the residential (R) and North Mountain (NM) districts ~ shall conform
to the following regulations:
A. Special Provisions:
1. No sign or portion thereof shall extend beyond any property line of the
premises on which such sign is located.
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 57 -
2. Internally illuminated signs shall not be permitted.
3. Nothing contained herein shall be construed as permitting any type of sign in
conjunction with a commercial use allowed as a home occupation, as no signs are
allowed in conjunction with a home occupation. Signs in residential areas are
only permitted in conjunction with a Conditional Use.
B. Type of Signs Permitted.
1. Neighborhood identification signs. One sign shall be permitted at each
entry point to residential developments not exceeding an area of six square
feet per sign with lettering not over nine inches in height, located not over
three feet above grade.
2. Conditional Uses. Uses authorized in accordance with the Chapter on
Conditional Use Permits may be permitted one ground sign not exceeding an
overall height of five feet and an area of fifteen square feet, set back at least
ten feet from property lines; or one wall sign in lieu of a ground sign. Such
signs shall be approved in conjunction with the issuance of such conditional
use permit. Said signs shall not use plastic as part of the exterior visual
effect and shall not be internally illuminated.
3. Retail commercial uses allowed as a conditional use in the Railroad District
and traveler's accommodations in residential zones shall be allowed one wall
sign or one ground sign which meets the following criteria:
a. The total size of the sign is limited to six square feet.
b. The maximum height of any ground sign is to be three feet above grade.
c. The sign must be constructed of wood and cannot be internally
illuminated.
4. North Mountain Signs. Signs for approved non-residential uses within
the NM-R15, NM-C and NM Civic zones shall be oermitted one ground
sign not exceeding an overall height of five feet and an area of fifteen
square feet, set back at least ten feet from property lines; or one wall
or awning sign in lieu of a ground sign. Said signs shall not use
plastic as part of the exterior visual effect and shall not be internally
illuminated.
SECTION 94, 18.96.150, Sign Regulations, Governmental Signs, of the Ashland
Municipal Code, is amended to read as follows:
18.96.150 Governmental Signs.
Governmental agencies may apply for a Conditional Use to place a sign that does not
conform to this Code when the Ce........issie" it is determineds that, in addition to
the criteria for a conditional use, the sign is necessary to further that agency's public
purpose.
SECTION 95, 18.108.015, Procedures, Pre-Application Conference, of the Ashland
Municipal Code, is amended to read as follows:
18.108.015. Pre-Application Conference, An applicant shall request a pre-application
conference prior to submitting an application for a Type I, II or III planning action or
an Expedited Land Division. The purpose of the conference shall be to acquaint
the applicant with the substantive and procedural requirements of the Land Use
Ordinance, provide for an exchange of information regarding applicable elements of
the comprehensive plan and development requirements and to identify policies and
regulations that create opportunities or pose significant constraints for the proposed
development. The Staff advisor is authorized to waive pre-application
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 58 -
conference requirements and to create procedures which allow for
electronic or other alternative forms of conferences.
SECTION 96, 18.108.017, Procedures, Applications, of the Ashland Municipal Code,
is amended to read as follows:
18.108.017 Applications.
A. In order to initiate a planning action, three eapieSl af a complete application shall be
submitted to the Planning Department as set forth below.
1. Complete applications shall include:
a. All of the required information for the specific action requested,
b. Written findings of fact,
c. Complete and signed application form. The application must be signed by one
or more property owners of the property for which the planning action is
requested, or their authorized agents. The application shall not be considered
complete unless it is accompanied by the appropriate application fee.
2. Incomplete applications are subject to delay in accordance with ORS 227.178.
The City will inform the applicant of deficiencies within 30 days of application.
The applicant then has 31 days in which to provide a complete application. The
City will begin the appropriate application procedure when the application is
deemed complete, or at the end of the 31 day period.
3. The Staff Advisor is authorized to set standards and procedures for
application submittal requirements, including the number and type of
applications required (e.g. hard and/or electronic copies), size and
format of applications (e.g. paper size and electronic format), and dates
when applications can be received. The Staff Advisor shall make the
requirements for application submittals readily available to the public to
review.
B. All applicants for Types I, II and III planning actions shall have completed a pre-
application conference for the project within a 6-month time period preceding the
filing of the application. This requirement may be waived by the Staff Advisor if in
the Staff Advisor's opinion the information to be gathered in a pre-application
conference already exists in the final application.
SECTION 97, 18.108.020, Procedures, Types of Procedures, of the Ashland
Municipal Code, is amended to read as follows:
18.108.020 Types of Procedures-,-
There are three general types of procedures: 1) ministerial actions; 2)
planning actions, and 3) legislative amendments. When a project proposal
involves more than one application and more than one type of procedure,
the applications shall be reviewed together by the same decision body and
follow the highest level procedure applying to anyone of the applications.
A. Ministerial Actions. The Staff Advisor shall have the authority to review and
approve or deny the following matters which shall be ministerial actions:
1. Final subdivision plat approval. (18.80.050)
2. Final partition map approval. (18.76.120)
4. Minor amendments to subdivisions and partitions.
5. Boundary line adjustments. (18.76.140)
6. Zoning permits. (18.112.010)
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 59 -
7. Sign permits. (18.96.050)
8. Home occupation permits. (18.94.130)
9. Extension of time limits for approved planning actions {18.112.030}.
10.Mechanical equipment exempt from Site Review.
11.Conversion of existing multi-family dwelling units into for-purchase
housing.
B. Planning Actions. All planning actions shall be subject to processing by one of the
four following procedures:
h Staff PerMit PreceEttlre
1~. Type I Procedure
23. Type II Procedure
34. Type III Procedure
4. Expedited Land Divisions
C. Legislative Amendments. Legislative amendments shall be subject to the
procedures established in section 18.108.170.
SECTION 98, 18.108.025, Procedures, Consolidated Review Procedures, of the
Ashland Municipal Code, is added and reads as follows:
18.108.025 Consolidated Review Procedures.
An applicant may apply at one time for all permits or zone changes needed
for a development project. The consolidated procedure shall be subject to
the time limitations set out in ORS 227.178. The consolidated procedure
shall follow the most restrictive procedure in the development project.
SECTION 99, 18.108.030, Procedures, Expedited Land Divisions - Staff Permits, of
the Ashland Municipal Code, is amended to read as follows:
18.108.030, EXDedited Land Divisions Staff PerMit PreceEttlrc.
A. Applicability.
1. An expedited land division is an action that:
a. Includes land that is zoned for residential uses.
b. Is solely for the purposes of residential use, inclUding recreational
or open space uses accessory to residential use.
c. Does not provide for dwellings or accessory buildings to be located
on land that is specifically mapped and designated for full or
partial protection of natural features that protect open spaces,
physical and environmental constraints per Chapter 18.62,
riparian corridors, wetlands, designated historic districts or
structures.
d. Meets minimum standards in the Street Standards Handbook and
Section 18.88.050.
e. Creates enough lots or parcels to allow building residential units
at 80 percent {800/o} or more of the maximum net density
permitted by the zoning designation of the site.
2. A land division that creates three or fewer parcels under ORS 92.010
and ALUO 18.76.
3. An expedited land division as described in this section is not a land
use decision or a limited land use decision under ORS 197.015 or a
permit under ORS 227.160.
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 60 -
4. All requirements outlined in Chapter 18.76 apply to expedited land
divisions except for those provisions modified within this section.
B. Procedure and Notice Requirements.
1. Application Completeness.
a. If the application for expedited land division is incomplete, the
Staff Advisor shall notify the applicant of exactly what information
is missing within 21 days of receipt of the application and allow
the applicant to submit the missing information. For purposes of
computation of time under this section, the application shall be
deemed complete on the date the applicant submits the requested
information or refuses in writing to submit it.
b. If the application was complete when first submitted or the
applicant submits the requested additional information within 180
days of the date the application was first submitted, approval or
denial of the application shall be based upon the standards and
criteria that were applicable at the time the application was first
submitted.
2. The city shall provide written notice of the receipt of the completed
application for an expedited land division to any state agency, local
government or special district responsible for providing public
facilities or services to the development and to owners of property
within 100 feet of the entire contiguous site for which the application
is made. The notification list shall be compiled from the most recent
property tax assessment roll. For purposes of appeal to the referee
under ORS 197.375, this requirement shall be deemed met when the
local government can provide an affidavit or other certification that
such notice was given. Notice shall also be provided to any
neighborhood or community planning organization recognized by the
governing bOdy and whose boundaries include the site.
3. The notice required under subsection (2) of this section shall:
a. State:
i. The deadline for submitting written comments;
ii. That issues that may provide the basis for an appeal to the
referee must be raised in writing prior to the expiration of the
comment period; and
iii. That issues must be raised with sufficient specificity to enable
the local government to respond to the issue.
b. Set forth, by commonly used citation, the applicable criteria for
the decision.
c. Set forth the street address or other easily understood
geographical reference to the subject property.
d. State the place, date and time that comments are due.
e. State a time and place where copies of all evidence submitted by
the applicant will be available for review.
f. Include the name and telephone number of a local government
contact person.
g. Briefly summarize the local decision-making process for the
expedited land division decision being made.
4. After notice under subsections (2) and (3) of this section, the city
shall:
a. Provide a 14-day period for submission of written comments prior
to the decision.
Ashland Land Use Ordinance Amendments
First Reading: January 15, 200S-p. 61 -
b. Make a decision to approve or deny the application within 63 days
of receiving a completed application, based on whether it satisfies
the substantive requirements of the local government's land use
regulations. An approval may include conditions to ensure that the
application meets the applicable land use regulations. For
applications subject to this section, the city:
i. Shall not hold a hearing on the application; and
ii. Shall issue a written determination of compliance or
noncompliance with applicable land use regulations that
includes a summary statement explaining the determination.
The summary statement may be in any form reasonably
intended to communicate the local government's basis for the
determination.
c. Provide notice of the decision to the applicant and to those who
received notice under subsection (2) of this section within 63 days
of the date of a completed application. The notice of decision shall
include:
i. The summary statement described in paragraph (b)(ii) of this
subsection; and
ii. An explanation of appeal rights under ORS 197.375
C. Appeals
1. An appeal of a decision made under ORS 197.360 and 197.365 shall
be made as follows:
a. An appeal must be filed with the local government within 14 days
of mailing of the notice of the decision under ORS 197.365 (4),
and shall be accompanied by a $300 deposit for costs.
b. A decision may be appealed by:
i. The applicant; or
ii. Any person or organization who files written comments in the
time period established under ORS 197.365.
c. An appeal shall be based solely on allegations:
i. Of violation of the substantive provisions of the applicable land
use regulations;
ii. Of unconstitutionality of the decision;
Hi. That the application is not eligible for review under ORS
197.360 to 197.380 and should be reviewed as a land use
decision or limited land use decision; or
iv. That the parties' substantive rights have been substantially
prejudiced by an error in procedure by the local government.
2. The city shall appoint a referee to decide the appeal of a decision
made under ORS 197.360 and 197.365. The referee shall not be an
employee or official of the local government. The City Administrator is
authorized to hire, under contract on an as needed basis, a referee to
decide such appeals. If the city has designated a hearings officer
under ORS 227.165, the City Administrator may designate the
hearings officer as the referee for appeals of a decision made under
ORS 197.360 and 197.365.
3. Within seven days of being appointed to decide the appeal, the
referee shall notify the applicant, the local government, the appellant
if other than the applicant, any person or organization entitled to
notice under ORS 197.365 (2) that provided written comments to the
local government and all providers of public facilities and services
entitled to notice under ORS 197.365 (2) and advise them of the
Ashland Land Use Ordinance Amendments
First Reading: January 15, 200B-p. 62 _
manner in which they may participate in the appeal. A person or
organization that provided written comments to the local government
but did not file an appeal under subsection (1) of this section may
participate only with respect to the issues raised in the written
comments submitted by that person or organization. The referee may
use any procedure for decision-making consistent with the interests
of the parties to ensure a fair opportunity to present information and
argument. The referee shall provide the local government an
opportunity to explain its decision, but is not limited to reviewing the
local government decision and may consider information not
presented to the local government.
4. Referee Decision.
a. The referee shall apply the substantive requirements of the local
government's land use regulations and ORS 197.360. If the
referee determines that the application does not qualify as an
expedited land division as described in ORS 197.360, the referee
shall remand the application for consideration as a land use
decision or limited land use decision. In all other cases, the
referee shall seek to identify means by which the application can
satisfy the applicable requirements.
b. The referee may not reduce the density of the land division
application. The referee shall make a written decision approving or
denying the application or approving it with conditions designed to
ensure that the application satisfies the land use regulations,
within 42 days of the filing of an appeal. The referee may not
remand the application to the local government for any reason
other than as set forth in this subsection.
5 Unless the governing body of the local government finds exigent
circumstances, a referee who fails to issue a written decision within
42 days of the filing of an appeal shall receive no compensation for
service as referee in the appeal.
6. Notwithstanding any other provision of law, the referee shall order
the city to refund the deposit for costs to an appellant who materially
improves his or her position from the decision of the local
government. The referee shall assess the cost of the appeal in excess
of the deposit for costs, up to a maximum of $500, including the
deposit paid under subsection (1) of this section, against an appellant
who does not materially improve his or her position from the decision
of the local government. The local government shall pay the portion
of the costs of the appeal not assessed against the appellant. The
costs of the appeal include the compensation paid the referee and
costs incurred by the local government, but not the costs of other
parties.
D. Effective Date of Decision. Unless appealed within 14 days of mailing a
notice of decision, the Staff Advisor decision becomes final on the 15th
day. Appeals shall be considered as set forth in ALUO 18.108.030(C) and
ORS 197.375.
A. Adiefls IfldtlEleEl. Thc fellewiflg plaflfliflg adiefls shall hc SI:Ih;cd ta the
Staff PcrMit PreecEll:lre:
1. Sitc Rc...ici:; fer twe ar thrcc resiEleAtial I:IAits aA a SiAglc lat.
2. Physieal aAEI EA".JireAMcAtal CaAstraiAts Rc",:icw PcrMits as allavJeEl iA
Chapter 18.62.
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 63 -
3. Varia.u:es deseribed if1 Sedief1 18.79.960.
4. Site Reviews if1 C 1, E 1, HC af1d .. zef1es fer expaf1sief1s ef af1
~~~~:~g tlse that de f1et reqtlire f1ew btlildif1g area if1 excess ef :2,599
~~~~re. fed, er ~edifif:?ti~f1 ef ",ere thaf1 19% ef t~e area ~f the si_te.
5. ~~!~~Slef1 ef tl"'e ""'Its fer appre',;ed plaf1f1If1g adieRSo =Fr.ve
extef1sief1s ef tip te 12 ",ef1ths eaeh "'a", be appre"."ed tlf1der the
felle.."Jif1g eef1ditief1s:
a. A ehaf1ge ef eef1ditief1s, fer T..'hich the applicaf1t i..;as f1et
~:~~~~~ible, pre"..ef1ted the applieaf1t fre", ee"'pletif1g the
develep",ef1t "'iithif1 the erigif1al ti"'e li"'itatief1, af1d
b. ~~~~ ~se Ordif1af1e~ reqtlire~e~ts applieable te the d~".ielep"'e_f1t
~~~~ ~~t ~~~f1ged SIf1Ce the erlglf1al appreyal. Af1 extef1Slef1 -may-be
~~~~~ed, hewever, If reqtllre"'ef1ts ha"..e ehaf1ged af1d the applicaf1t
agrees te ee"'ply with af1", stleh chaf1ges.
6. The fellewif1g de,."elep",ef1ts stlbjed te the Site Desigf1 af1d Use
Staf1dards if1 sedief1 18.72.949.A:
a. Af1Y ehaf1ge ef eeetlpaf1ey fre", a less if1tef1sh"e te a ",ere if1tef1si"..e
~~~~~~~e.:r' as defif1ed if1 the Cit"i btlildif1g eede, er af1)" ehaf1ge if1
use whieh reqtlires a greater f1t1",ber ef parldf1g spaees.
b. Af1"f additief1 less thaf1 2,599 sqtlare feet er tef1 pereef1t ef the
btlildif1g's sqtlare feetage, v.hiehe'..er is less, te a btlildif1g.
c. All if1stallatief1s ef ",eehaf1ical eqtlip"'ef1t if1 af1"' zef1e.
d. lf1stallatief1 ef Elise af1tef1f1as stlbjed te the reqtlire"'ef1ts ef
Seetief1 18.72.169. Af1"F' dise af1tef1f1a fer ee"'",ereial tlse if1 a
residef1tial zef1e shall aISle be stlbjed te a Cef1ditief1al Use Per",it
(18.194).
e. ~:'!. e~terier ehaf1ge te a strtldtlre listed ef1 the Natief1al Register
ef Histerie Plaees.
7. Af1", ether plaf1f1if1g adief1 desigf1ated as stlbjeet te the Staff Per",it
Preeedtlre.
8. ~~~r elaf1f1if1g adief1s f1et ethe"'"iise listed er desigf1ated as a T"ipe I,
II er III preeedtlre.
B. ~~~~ ~~~~ts, Netiee af1d Hearif1g Reqtlire"'ef1ts. Applieatief1s stlbjed te
the Staff Per",it Preeedtlre shall be precessed as felleills:
1. \a:ithif1 14 da",s after reeeipt ef a ee"'plete applicatief1 the Staff
~~~!~~ shall appreve, appre"..e with eef1ditief1s er def1"F' the
applieatief1 tlf1less Stich ti",e li",itatief1 is extef1ded v.ith the eef1sef1t
ef the applieaf1t. The Staff Adviser shall ef1ter fif1dif1gs af1d
cef1e1t1sief1s te jtlstif", the deeisief1.
2. Netiee ef the deeisief1 shall be ",ailed v;ithif1 se".-ef1 days ef the
deeisief1. The f1etiee shall eef1taif1 the fellewif1g if1fer",atief1:
a. The deeisief1 ef the Staff Ad"..iser af1d the date ef the deeisief1.
b. That f1e ptlblie hearif1g will be held tlf1less speeifieall", reqtlested.
c. That a reqtlest fer a ptlblic hearif1g "'tlst be ",ade b"F" the date
if1dicated ef1 the f1etice if1 erder fer a ptlblic hearif1g te be
schedtlled.
d. That a reqtlest fer a ptlblic hearif1g shall if1cltlde the f1a",e af1d
address e' the persef1 reqtlestif1g the ptlblic hearif1g, the file
I'ulmher af the plaf1f1if1g adief1 af1E1 the speeific gretlf1E1s far which
the deeisief1 shetlld be re".'ersed er ",edified, based ef1 the
applicable criteria er preceEltlral irregtllarity.
3. Netice shall be ",aileEl te the fellewif1g persef1s:
a. The applicaf1t, er atltherized agef1t.
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 64 -
b. The stlbjed praperty aWf1er.
c. A~I-=:-.: ~~ ~e~~~ at: prapert'i af1 the mast reeef1t prapert)O tax
:=.e~~~~t ~I~ wi.thif1 the f1atiee area Elefif1eEl as that ;;; ~it;;;f1
199-feet af the stlb)ed prapert"j.
4. :::= ~ ,~~~~ ~E RotieE i. ...ailEd ,.hall h~"; 10 ::::~::. :~=:
eI--:-affillll:g If1 wltteh te I"eqtlest a ptlbhe hearlf1-. Rc----t--~ ____-I _
hearif1g shall med the falla".iIlf1g reqtllremef1ts:
a. Th~" ~~~tlest shall be fileEl bOt' the Elate speeifieEl if1 the f1atiee af
deelslaf1.
b. ~~ ~~.~;:t_ .~all be IR w.ltlRg aRd IR~I.de t~e a:=:II:::'..;.::,
:-Ekt:-ess, t-he fl"'e f1t1mber af the plaf1f1If1g adlaf1 --g -r-n:: ----etftE
~:~~~tI~ !~~ whieh the Eleeisiaf1 shatllEl be re'..,erseEl e; m;ElJfieEl,
~s.:.~ ~~ ~~e applieable eriteria ar praeeEltlral ~rr::I:.:iet~.
5. :. a ::i:' .':.:':~. ::~~IR~e~.~~,,;,e~O::IZ~;~ Q :;"t:~.ngo=
=~; ;:;~;. ":E~.ate ti~e to ~ed thE Roti~E =;;;=t~ ~
s-~-cett~~ 18.!.9~.~89.. The ptlbhe hearlf1g shall be 11'1 ------ ,."""_.__ th-
reEfttlremef1ts af seetlaf1 18.198.190.
SECTION 100, 18.108.040, Procedures, Type I Procedure, of the Ashland
Municipal Code, is amended to read as follows:
18.108.040 Type I Procedure.
A. Actions Included. The following planning actions shall be subject to the Type I
Procedure:
1. Site Desion Review. The following developments that are subject to the
Site Design Review Standards outlined in 18.72 shall follow the Type I
permit procedures.
a. Downtown Desion Standards Zone. Any development which is less
than 2,500 square feet or ten percent of the building's square
footage, whichever is less.
b. Detail Site Review. Any development in the Detail Site Review Zone,
as defined in the Site Review Standards adopted pursuant Chapter
18.72, which is less than 10,000 square feet in gross floor area.
c. Commercial. Industrial and Non-residential Uses
i. All new structures, additions or expansions in C-l, E-l, HC and M
zones, not within the Downtown Design Standards zone, that do not
require new building area in excess of 200/0 of an existing building's
square footage or 10,000 square feet of gross floor area, whichever
is less.
ii. Expansion of impervious surface area in excess of 100/0 of the area
of the site or 1,000 square feet, whichever is less
iii. Expansion of parking lots, relocation of parking spaces on a site, or
other changes which alters circulation affecting adjacent property or
public right-of-way.
iv.Any change of occupancy from a less intensive to a more intensive
occupancy, as defined in the City building code, or any change in use
which requires a greater number of parking spaces.
v. Any change in use of a lot from one general use category to another
general use category, e.g., from residential to commercial, as
defined by the zoning regulations of this Code.
vi. Any exterior change to a structure which requires a building permit
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 65 _
and is listed on the National Register of Historic Places or to a
contributing property within an Historic District on the National
Register of Historic Places.
d. Residential
i. Two or more residential units on a single lot.
ii. All new structures or additions less than 10,000 square feet of
gross floor area, other than single-family homes or accessory uses
on individual lots
iii.Construction of attached single-family housing (e.g. town homes,
condominiums, row houses, etc.) in all zoning districts.
iv.Off-street parking or landscaping, in conjunction with an approved
Performance Standards Subdivision required by ordinance and not
located within the boundaries of the individual unit parcel (e.g.
shared parking).
v. Any exterior change to a structure which requires a building permit
and is listed on the National Register of Historic Places.
2. Miscellaneous Actions.
1. Final Plan Appro"."al for PerfOrR'lanEe Standards Stlbdh"isions.
2. Site Re"..iev-,s other than those stlbjeet to a Staff PerR'lit Proeedtlre or
T",pe II Proeedtlre.
3. Partitions ,,-,hiEh refltlire no varianEes or 01'11"7" "..arianEes stlbjed to
Type I proeedtlres.
a4.Amendments or modification to conditions of approval for Type I
planning actions.
S. Creation of a pri',iate via'" as allowed in sedion 18.89.939.8.
b. Amendment or modification to conditions of aoproval for Type II
actions where the modification involves only chanoes to tree
removal and/or buildino envelopes. planning actions~
c. Physical and Environmental Constraints Review oermits as
allowed in Chapter 18.62.
d. Tree removal permits as required by Section 18.61.042(0).
36.Conditional Use Permits. The following conditional use permits are
subject to Type I review procedures:
a. Conditional use permits involving existing structures or additions to
existing structures, and not involving more than three (3) residential
dwelling units-et'
b. -tTemporary uses.
c. Enlargement, expansion, etc. of nonconforming structures in
accordance with 18.68.090(2).
d. Government signs per Section 18.96.150.
e. The following uses in Residential zones:
i. Accessory residential units
ii. Daycare centers.
iii. Public and public utility buildings, structures and uses less than
2,500 square feet in building footprint and disturbs less than
7,500 square feet of land.
iv. Structures in excess of 35 feet in R-3 zone.
v. All new structures, additions or expansions that exceed MPFA in
historic district up to 250/0, but the addition is no larger than 300
s.f. or 100/0 of the existing floor area, whichever is less.
vi. Hostels.
vii. Public Parking Lots in the NM-C zone.
viii. Community Services in the NM-R15 zone.
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 66 -
f. The following uses in Commercial or Industrial zones:
i. Electrical substations
ii. Outdoor storage of commodities.
g. The following uses in the Health Care Services Zone:
i. Limited personal service providers in the home, such as
beauticians and masseurs.
ii. Professional offices for an accountant, architect, attorney,
designer, engineer, insurance agent or adjuster, investment or
management counselor or surveyor.
Hi. Any medically-related use, located on City-owned property that is
not specifically allowed by the Ashland Community Hospital Master
Facility Plan.
h. Conditional uses in the Southern Oregon University District.
4-7. Variances for:
a. Sign placement.
b. Non-conforming signs, when bringing them into conformance as described in
section 18.96.130.D.
c. Up to 50% reduction of standard yard requirements.
d. Parking in setback areas.
e. Up to 10% reduction in the number of required parking spaces.
f. Up to 10% reduction in the required minimum lot area.
g. Up to 10% increase in the maximum lot coverage percentage.
h. Up to 20% reduction in lot width or lot depth requirements.
i. Up to 50% reduction for parking requirements in Ashland's Historic District as
described in section 18.92.055.
j. Up to 10% variance on height, width, depth, length or other dimension not
otherwise listed in this section.
k. Site Design and Use Standards as provided in section 18.72.090.
5. Partitions and Land Divisions.
a. Partitions which require no variances or only variances subject to
Type I procedures.
b. Creation of a private way, as allowed in section 18.80.030.B.
c. Final Plan Approval for Performance Standards Subdivisions.
8. The fellewirtg de"."elepRle"ts sllbjeet te the Site Desig" a"d Use
Sta"dards i" seetie" 18.72.949.B:
a. A""j eha"ge i" lIse ef a let freRl e"e ge"eral lIse eateger"f te a"ether
ge"eral tlse eateger'F", e.g., freRl reside"tial te eeRlRlereial, as ddi"ed
b"j the ze"i"g reglllatie"s ef this Cede.
b. A"y reside"tial tlse whieh restllts i" fellr dwelli"g lI"its er Rlere e" a
4M.
e. All "ew strl:ldl:lres er additie"s greater tha" 2,599 sEll:lare feet, exeept
fer de"."elepRle"ts i"e1t1ded i" seetie" 18.198.939.A.6.
69.Any other planning action designated as subject to the Type I Procedure.
7. Prior to the Staff Advisor providing notice of application and making a
decision, applicants or the Staff Advisor may request planning actions
subject to a Type I procedure be heard by the Commission or Hearings
Board. In such case, the Staff Advisor shall not make a decision and shall
schedule a hearing before the Commission or Hearings Board to be heard
as provided in section 18.108.050.
B. Notice of Aoolication. TiRle LiRlits, Netiee a"d Heari"g ReEll:lireRle"ts.
Applieatie"s sl:lbjeet te the T"fpe I P'reeedl:lre shall be preeessed as fellews:
1. Within 10 days of the city's determination that an application is
complete, but no less than 20 days before the Staff Advisor makes a
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 67 -
decision, written notice of the application shall be mailed to all of the
following:
a. Applicant.
b. Owners of the subject property.
c. Owners of properties located within 200 feet of the perimeter of the
subject property.
d. Neighborhood group or community organization officially recognized
by the city council that includes the area of the subject property.
e. For final partitions, final subdivisions, and final Outline Plans, to
interested parties of record from the tentative decision.
f. For modification applications, to persons who requested notice of the
original application that is being modified.
2. The written notice shall include all of the following:
a. The street address or other easily understood geographical reference
to the subject property.
b. The applicable criteria for the decision, listed by commonly used
citation.
c. The place, date, and time that comments are due.
d. A statement that copies of all evidence relied upon by the applicant
are available for review, and can be obtained at cost.
e. A statement that issues that may provide the basis for an appeal to
the Land Use Board of Appeals must be raised in writing and with
sufficient specificity to enable the decision maker to respond to the
issue.
f. The name and phone number of a city contact person.
g. A brief summary of the local decision making process for the decision
being made.
3. Posted Notice. A notice shall be posted on the subject property in such a
manner as to be clearly visible from a public right-of-way. Posting shall
occur no later than the date of mailing notice of application.
3. Notices shall allow a 14-day period for the submission of written
comments, starting from the date of mailing. All comments must be
received by the city within that 14-day period.
C. Decision. Within 4S days of the city's determination that an application is
complete, unless the applicant agrees to a longer time period, the Staff
Advisor shall approve, conditionally approve, or deny a Type I application.
D. Notice of Decision.
1 Within S days after the Staff Advisor renders a decision, the city shall
mail notice of the decision to the following:
a. Applicant.
b. Owner and occupants of the subject property.
c. Neighborhood group or community organization officially recognized
by the city that includes the area of the subject property.
d. Any group or individual who submitted written comments during the
comment period.
e. Those groups or individuals who requested notice of the decision.
f. Property owners and occupants of property located within 200 feet of
the perimeter of the subject property.
2. The notice shall include all of the following:
a. A description of the nature of the decision of the Staff Advisor.
b. An explanation of the nature of the application and the proposed use
or uses which could be authorized.
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 68 -
c. The street address or other easily understood geographical reference
to the subject property.
d. The name of a city representative to contact and the telephone
number where additional information may be obtained.
e. A statement that a copy of the application, all documents and
evidence submitted by or on behalf of the applicant and applicable
criteria are available for inspection at no cost and will be provided at
reasonable cost.
f. A statement that any person who was mailed a written notice of the
Staff Advisor's decision may request reconsideration or appeal as
provided in ALUO 18.108.070(B)(2).
g. A statement that the Staff Advisor's decision will not become final
until the period for filing a local appeal has expired.
h. An explanation that a person who is mailed written notice of the Staff
Advisor's decision cannot appeal directly to LUBA.
3. Unless the decision is reconsidered or appealed according to the
procedures in ALUO 18.108.070(B)(2), the Staff Advisor's decision is
effective on the 13th day after notice of the decision is mailed.
1. ~~~~~~ af3plicat.isAs s~all "be re'."ievJed at the first regul~rl'i s~he.du;led
~~~~~~ISA ",eetlAg which IS held at least 39 da'is after the Stlbrrttss-eA
of the cs",plete applicatisn.
2. ~~~i~!~ da'is after recei!'t sf a c~!"plete appliEatisn, t:~ :~:f A:::::
~~~~ ~~rs:,fe~ a~prs:'e VJlth CSAdl!ISAS sr deA'; the ap C~.;:"A ~......~
~~~~ ~I~~ h",ltatlsA IS exteAded VJlth the CSAseAt sf the a'Pt'fieant.~
~~~~""I.ar .hal! ~"ter ""dl"g. a~d ea".el...;a". ta j...t~"" F:.:~
3. ~~~~ ~ the declslsA shall be ",ailed wlthlA seweA da'f- S- --- d-.;.~n
~~ ~~~ perss~s descr~bed iA s.edis~ 18.19~.939.B.3. The ;~1i;: =;~
c~~~ ~h~ ~fsr",atlsA required IA sedlsA 18.198.939.B."" _1_ _
~~~~~~nt that tJAless a ptJblic heariAg is reqtJested, the adion "'~HI b~
~~~d hy the Ca""..i..ia"" P.r.a"~ ~a ~'.ha," t~. "atie:'::e,:;~ed =~
h~~~ ~9 ~!~ frs", the date sf ",alhAg IA .....hlch ts r-q---- _ p-17ttC
~:~~~ ~!~~ !~e. CS",",issisA. ~eqtJests fsr a PtJbli; h;;;i;g ;ttaH
eet'Ifsr", to the reqtJlre",eAts sf sedlsA 18.198.939.B.4.
4. If a=~~~~~!~~!, ~ublic heariAg is ti",el.,. recei'.-ed, a ptJblic heariAg shall
~~~':.~~_~~e ~t reg..lar CB,","!..la" ar H.~ri"g~ ~':
~~~ adequate tl",e ts cs",pl'f With the Astlce re---~-~__
~~~~~~ 18.198.989. The ptJblic heariAg shall be iA accsrd ~th the
FeqtJire",eAts sf seetisA 18.198.190.
5. ~~ n,~ ",,~....t fer a ....hli.. h~ar;"g ;. tl,"~ly r.eel".d, th,; d...I.;a" =~~
:ev~cv'ed b.!. ~~ ~S~",ISSISA sr HearlAgs Bsard at ItS first r---vl-ny
~~~~le~ ",eetiAg 39 da',s after sub",issisA sf the ap~ik~ti;:. The
CS",",ISSISA sr Bsard ",a't":
a. A",eAd the decisis A; iA such case, the actisn shall be re Asticed; ~s a
~!~~! de~i~~~, "'lith a 7 da.,. perisd withiA ..hiEh ts request a -ulHi-c
hearing, except that the CS",",issisA shall ASt review ~;;; ;ec;;~~
agaiA shsuld there be AS stJch request filed.
h. ~::'~~~t~ a ....hli. hea.;"g af the deei.ia", th.a..~h a ,"aja.~ty ;:: ~
ths~~ ~~;~~~~c~, ts be heard at ,the fslIsWIAg ",sAth'- re----r _"
sehedulcd (8"''''IS518A 8r B8ard ",eetIAg.
c. ~~~~ AS actisn at the ",eetiAg vJheA the decisisA is schedtJled SA the
ageAda. IA stJch case the decisisA is fiAal the Aext day.
~ ~~~ ~~ ~he Staff Ad'..-issr ",aldAg a decisioA, applicants ~;;he Staff Ad..-issr
",ay reqtJest plaAAiAg actisAs subject ts a T't"pe I prseedure be heard by the
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 69 -
CeRu..issien er Beard. In sueh ease, the Staff Ad-.-iser shall net ""alee a deeisien
and shall sehedule a hearing hdere the Ce""""issien er Beard te he heard as
I're'."ided in seetien 18.108.049.B.4.
SECTION 101, 18.108.050, Procedures, Type II Procedure, of the Ashland
Municipal Code, is amended to read as follows:
18.108.050 Type II Procedure.
A. Actions Included. The following planning actions shall be subject to the Type II
Proced u re :
1. All Conditional Use Permits not subject to a Type I procedure.
2. All variances not subject to the Type I procedure.
3. Outline Plan for subdivisions under the Performance Standard Options (AMC
Chapter 18.88).
4. Preliminary Plat for subdivisions under the standard subdivision code (AMC
Chapter 18.80).
5. Final Plan approval for all subdivision requests under the Performance Standard
Options not requiring Outline Plan approval.
6. Any appeal I'uhlie hearing of a Staff Advisor decision, including a Type I
Planning Action or Interpretation of the Ashland Land Use Code.
resulting fre"" the Staff Per""it Preeedure.
7. Any other planning action not designated as subject to the Tvee I or Tvee III
T,"l'e II Procedure.
B. Time Limits, Notice and Hearing Requirements. Applications subject to the Type II
Procedure shall be processed as follows:
1. The Staff Advisor, acting under the authority of ORS 227.165, may hold
an initial evidentiary hearing on Type II applications once they are
deemed complete. The Staff Advisor shall transmit copies of the record
developed at the hearing to the Commission for additional public
hearing, deliberation and decision. The Staff Advisor is not authorized to
make decisions on Type II applications.
2-l-.Complete applications shall be heard at a the first regularly scheduled Commission
meeting which is held at least 30 days after the submission of the complete
application.
3~.Notice of the hearing mailed as provided in section 18.108.080.
43. Public hearing(s) shall be held before the Commission and/or Staff Advisor in
accord with the requirements of section 18.108.100.
SECTION 102, 18.108.060, Procedures, Type III Procedures, of the Ashland
Municipal Code, is amended to read as follows:
18.108.060, Tvpe III Procedures
A. The following planning actions shall be subject to the Type III Procedure:
1. Zone Changes or Amendments to the Zoning Map or other official maps,
except for legislative amendments.
2. Comprehensive Plan Map Changes or changes to other official maps, except
for legislative amendments.
3. Annexations.
4. Urban Growth Boundary Amendments
B. Standards for Type III Planning Actions.
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 70 -
1. Zone changes, zoning map amendments and comprehensive plan map changes
subject to the Type III procedure as described in subsection A of this section may
be approved if in compliance with the comprehensive plan and the application
demonstrates that:
a. The change implements a public need, other than the provision of affordable
housing, supported by the Comprehensive Plan; or
b. A substantial change in circumstances has occurred since the existing zoning
or Plan designation was proposed, necessitating the need to adjust to the
changed circumstances; or
c. Circumstances relating to the general public welfare exist that require such an
action; or
d. Proposed increases in residential zoning density resulting from a change from
one zoning district to another zoning district, will provide one of the
following:
1. 35% of the base density to qualifying buyers or renters with incomes at or
below 120% of median income; or
2. 25% of the base density to qualifying buyers or renters with incomes at or
below 100% of median income; or
3. 20% of the base density to qualifying buyers or renters with incomes at or
below 80% of median income; or
4. 15% of the base density to qualifying buyers or renters with incomes at or
below 60% of median income; or
5. Title to a sufficient amount of buildable land for development is
transferred to a non-profit (IRC 501(3)(c)) affordable housing developer
or comparable Development Corporation for the purpose of complying
with subsection 2 above. The land shall be located within the project and
all needed public facilities shall be extended to the aroa or areas proposed
for transfer. Ownership of the land shall be transferred to the affordable
housing developer or Development Corporation prior to commencement of
the project; or
e. Increases in residential zoning density of four units or greater on commercial,
employment or industrial zoned lands (i.e. Residential Overlay), will not
negatively impact the City of Ashland's commercial and industrial land supply
as required in the Comprehensive Plan, and will provide one of the following:
1. 35% of the base density to qualifying buyers or renters with incomes at or
below 120% of median income; or
2. 25% of the base density to qualifying buyers or renters with incomes at or
below 100% of median income; or
3. 20% of the base density to qualifying buyers or renters with incomes at or
below 80% of median income; or
4. 15% of the base density to qualifying buyers or renters with incomes at or
below 60% of median income; or
5. Title to a sufficient amount of buildable land for development is
transferred to a non-profit (IRC 501(3)(c)) affordable housing developer
or comparable Development Corporation for the purpose of complying
with subsection 2 above. The land shall be located within the project and
all needed public facilities shall be extended to the area or areas proposed
for dedication. Ownership of the land and/or air space shall be transferred
to the affordable housing developer or Development Corporation prior to
commencement of the project.
The total number of affordable units described in sections D or E shall be
determined by rounding down fractional answers to the nearest whole
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 71 _
unit. A deed restriction, or similar legal instrument, shall be used to
guarantee compliance with affordable criteria for a period of not less than
60 years.
Sections D and E do not apply to council initiated actions.
C. Type III Procedure.
1. Applications subject to the Type III Procedure shall be processed as follows:
a. Complete applications shall be heard at the first regularly scheduled
Commission meeting which is held at least 45 days after the submission of
the application.
b. Notice of the hearing shall be mailed as provided in section 18.108.080.
c. A public hearing shall be held before the Commission as provided in
18.108.100.
2. Fsr I'laRRjptg adisRs described iR sedisR 18.198.069.A. 1 aRd 2, the
CsmmissisR shall ha'tie the al:lthsrit", ts talee sl:lch adisR as is
Reeessar"{ ts malee the ameRdmeRts ts mal's aRd ZSRes as a resl:llt sf
the decisisR Vlithsl:lt fl:lrther adisR frsm the CSI:IRcil I:IRless the
decisisR is al'l'ealed. The decisisR sf the CsmmissisR ma-; be
al'l'ealed ts the CSI:IRcil as I'rs'tiided iR sedisR 18.198.110.
3. Fsr I'laRRiRg aetisRs deseribed iR sedisR 18.198.060.A. 3 aRd 2, t
2. The Commission shall make a report of its findings and recommendations on the
proposed action. Such report shall be forwarded to the City Council within 45
days of the public hearing.
a. Upon receipt of the report, or within 60 days of the Commission hearing, the
Council shall hold a public hearing as provided in 18.108.100. Public notice of
such hearing shall be sent as provided in section 18.108.080.
b. The Council may approve, approve with conditions, or deny the application.
SECTION 103, 18.108.070, Procedures, Effective Date of Decision and Appeals, of
the Ashland Municipal Code, is amended to read as follows:
18.108.070, Effective Date of Decision and Appeals.
A. Ministerial actions are effective on the date of the decision of the Staff Advisor and
are not subject to appeal.
B. Actions subject to appeal:
1. Staff Permit Decisisns. EXDedited Land Divisions. Unless appealed within
14 days of mailing a notice of decision, the Staff Advisor decision
becomes final on the 15th day. Appeals shall be considered as set forth
in ALUO 18.108.030(C) and ORS 197.375. Unless a request fsr a I'ublie
heariRg is made, the fiRal decisisn sf the Cit,," fsr I'lanRing adisRs
resl:llting frsm the Staff Permit I'rscedl:lre shall be the Staff Ad-,i'issr
decisisR, which shall be effecti.."e ten da";s after the date sf decisisn. If
heard bOt" the Csmmissisn sr Bsard, the Csmmissisn sr Bsard deeisisR
shall be the fiRal decisisR sf the City SR sl:lch matters, effediye 15 days
after the fiRdings adsl'ted b"J" the Csmmissisn are signed by the Chair sf
the Csmmissisn and mailed ts the I'arties.
2. Type I Planning Actions.
a. Effective Date of Decision. URless a request fsr a I'ublie hearing is
made, t,Ihe final decision of the City for planning actions resulting from the
Type I Planning Procedure shall be the Staff Advisor decision, effective on the
13th day after notice of the decision is mailed seheduled ts be re...:ic",{led
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 72 -
~:~ ~:~~S~~~ a~ Baarfi: . If a I'l:IbliE hea~~:~ i~ h~~d :v ~:~
E~~~~~~~ Baarfi, the fieelslaA af the CamA'II---A ar __ itr s---
be the fiAal fiet:isiaA af the Citj', unless reconsideration of the action is
approved by the Staff Advisor or appealed to the Cal:lAeil Commission
as provided in section 18.108.070(B)(2)(c).119.A.
b. Reconsideration. The Staff Advisor may reconsider Type I planning
actions as set forth below.
i. Any party entitled to notice of the planning action, or any City
Agency may request reconsideration of the action after the
decision has been made by providing evidence to the Planning
Director that a factual error occurred through no fault of the party
asking for reconsideration, which in the opinion of the director,
might affect the decision. Reconsideration requests are limited to
factual errors and not the failure of an issue to be raised by letter
or evidence during the opportunity to provide public input on the
application sufficient to afford the Staff Advisor an opportunity to
respond to the issue prior to making a decision.
ii. Reconsideration requests shall be received within five (5) days of
mailing. The Planning Director shall decide within three (3) days
whether to reconsider the matter.
iii. If the Planning Director is satisfied that an error occurred crucial
to the decision, the Director shall withdraw the decision for
purposes of reconsideration. The Planning Director shall decide
within ten (10) days to affirm, modify, or reverse the original
decision. The Director shall send notice of the reconsideration
decision to affirm, modify, or reverse to any party entitled to
notice of the planning action.
iv. If the Director is not satisfied that an error occurred crucial to the
decision, the Director shall deny the reconsideration request.
Notice of denial shall be sent to those parties that requested
reconsideration.
c. Appeal.
i. If a I'l:Iblie heariAg is helfi, Within twelve (12) days of the date
of the mailinQ of the PlanninQ Director's final decision, includinQ any
approved reconsideration request, the decision may be appealed to
the PlanninQ Commission by any party entitled to receive notice of the
planninQ action. The appeal shall be submitted to the Planning
Commission Secretary on a form approved by the City Administrator:
be accomeanied bv a fee established pursuant to City Council action~
and be received by the city no later than 4:30 p.m. on the 12th da_
after the notice of decision is mailed.
ii. If an appellant prevails at the hearinQ or upon subseQuent
appeal, the fee for the initial hearinQ shall be refunded. The fee
reQuired in this section shall not apply to appeals made by
neighborhood or community organizations recoQnized by the city and
whose boundaries include the site.
III. The aooeal shall be considered at the next reQular Planning
Commission or HearinQs Board meetinQ. The appeal shall be a de
novo hearinQ and shall be considered the initial evidentiary hearing
reQuired under ALUO 18.108.050 and ORS 197.763 as the basis for an
appeal to the Land Use Board of Appeals. The PlanninQ Commission or
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 73 _
HearinQs Board the fiRal decision on appeal shall be effective 135 days
after the findings adopted by the Commission or Board are signed by the
Chair of the Commission or Board and mailed to the parties.
iv. The appeal reQuirements of this section must be fully met or
the appeal will be considered by the city as a jurisdictional defect and
will not be heard or considered.
d. Final Decision of Citv. The decision of the CStlRdl Commission shall be
the final decision of the City on appeals heard by the CStlReil Commission
on Type I Planning actions, effective the day the findings adopted by the
CStlRdl Commission are signed by the ~4a'y'sr Chair and mailed to the
parties.
3. Type II Planning Actions.
a. Effective Date of Decision. The decision of the Commission is the final
decision of the City resulting from the Type II Planning Procedure, effective
135 days after the findings adopted by the Commission are signed by the
Chair of the Commission and mailed to the parties, unless reconsideration
of the action is authorized as provided in Section (b) below or
appealed to the Council as provided in section 18.108.110.A.
b. Reconsideration.
i. Any party entitled to notice of the planning action, or any City
Agency may request reconsideration of the action after the
Planning Commission final decision has been made by providing
evidence to the Planning Director that a factual error occurred
through no fault of the party asking for reconsideration, which in
the opinion . of the director, might affect the decision.
Reconsideration requests are limited to factual errors and not the
failure of an issue to be raised by letter or evidence during the
opportunity to provide public input on the application sufficient to
afford the Staff Advisor an opportunity to respond to the issue
prior to making a decision.
ii. Reconsideration requests shall be received within five (S) days of
mailing. The Planning Director shall decide within three (3) days
whether to reconsider the matter.
iii. If the Planning Director is satisfied that an error occurred crucial
to the decision, the Director shall schedule reconsideration with
notice to participants of the matter before the Planning
Commission. Reconsideration shall be scheduled before the
Planning Commission at the next regularly scheduled meeting.
Reconsideration shall be limited to the portion of the decision
affected by the facts not raised during the open public hearing and
record.
iv. Regardless of who files the request for reconsideration, if the
applicant has not consented to an extension of the time limits
(120 day rule) as necessary to render a decision on the
reconsideration, the reconsideration shall be denied by the
director.
v. The Planning Commission shall decide to affirm, modify, or reverse
the original decision. The Planning Commission Secretary shall
send notice of the reconsideration decision to any party entitled to
notice of the planning action.
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 74 -
c. Final Decision of City. The decision of the Council shall be the final decision
of the City on appeals heard by the Council, on Tvoe II Plannina
actions,effective the day the findings adopted by the Council are signed by
the Mayor and mailed to the parties.
e III Plannin Actions.
]
5. The City Council may call up any planning action for a publiE hearing and
decision upon motion and majority vote, provided such vote takes place in the
required appeal time period, as eutlined belew. Unless the planning action
is appealed and a public hearing is required, the City Council review of
the Planning Action is limited to the record and public testimony is not
allowed. The City Council may affirm, modify or reverse the decision of
the Planning Commission, or may remand the decision to the Planning
Commission for additional consideration if sufficient time is permitted for
making a final decision of the city. The City Council shall make findings
and conclusions and cause copies of a final order to be sent to all parties
of the planning action.
C. No building or zoning permit shall be issued for any action under this Title until the
decision is final, as defined in this section.
SECTION 104, 18.108.080, Procedures, Public Notice, of the Ashland Municipal
Code, is amended to read as follows:
18.108.080, Public Hearing Notice.
Public notice for hearings before the Staff Advisor, Hearings Board or Commission
for planning actions shall be given as follows:
A. Notices shall be mailed at least 10 days prior to the hearing to:
1. The applicant or authorized agent,
2. The subject property owner, and
3. All owners of record of property on the most recent property tax
assessment roll within 200 feet of the subject property.unles~ t:e
hearing has been requested under the Staff Permit preEedu-e. -n
sUEh Ease the netiEe shall be mailed enl.( te e..",ners vJithin 190
feet ef the subjeEt preperty.
B. Mailed notices shall contain the following information, provided, however, that
notices for hearings before the Council shall not contain the statements specified
in paragraphs 8 and 9:
1. Explanation of the nature of the application and the proposed use or uses
which could be authorized.
2. List of the applicable criteria from the ordinance and the plan that apply to
the application at issue.
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 75 -
3. The street address or other easily understood geographical reference to the
subject property.
4. The name of a local government representative to contact and the telephone
number where additional information may be obtained.
5. A statement that 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.
6. The date, time and location of the hearing or of the meeting, if no hearing is
involved.
7. A statement that failure of an issue to be raised in a hearing, in person or by
letter, or failure to provide sufficient specificity to afford the decision maker
an opportunity to respond to the issue precludes an appeal to the Land Use
Board of Appeals (LUBA) based on that issue.
8. A statement that if additional documents or evidence is provided in support of
the application, any party shall be entitled to a continuance of the hearing.
9. A statement that 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.
C. Posted Notice. Exeept fer Staff Permit Preeedl:lre pla,u'IIiflg adiefls, A notice,
as described in this subsection, shall be posted on the subject property by the
applieaflt city in such a manner as to be clearly visible from a public right-of-
way at least 10 days prior to the date of the Cemmissiefl mediflg. Failure by
the applieaflt city to post a notice, or post in clear view from a public right-of-
way shall be considered an incomplete application. The applieaflt city shall
certify, for the record of the hearing, that the posting was accomplished. The
failure of the posted notice to remain on the property shall not invalidate the
proceedings. The posted notice shall only contain the following information:
planning action number, brief description of the proposal, phone number and
address for contact at Ashland Planning Department.
D. Additional Requirements for Type II and III Public Notice. In addition to the
notice specified in section 18.108.080.A, Band C, notice for Type II and III
procedures shall be published in a newspaper of general circulation in the City at
least 10 days prior to the date of the hearing before the Commission.
E. The failure of a property owner to receive notice as provided in this section shall
not invalidate such proceedings if the City can demonstrate by affidavit that such
notice was mailed. The failure to receive notice shall not invalidate the decision
after the action is final if a good faith attempt was made to notify all persons
entitled to receive notice.
F.. Whenever it is demonstrated to the Staff Advisor that:
1. The city did not mail the notice required in ~ 18.108.039.8;
2. Such error adversely affected and prejudiced a person's substantial rights;
and
3. Such person notified the Staff Advisor within 21 days of when the person
knew of should have known of the decision, the Staff Advisor shall
schedule a hearing for the next regular Commission or Hearings Board
meeting allowing adequate time to comply with the notice requirements of
section 18.108.080. The public hearing shall be conducted as provided in
~ 18.108.100.
If a hearing is conducted under this section, the decision of the Commission or
Hearings Board shall supersede the previous decision.
G. Whenever it is demonstrated to the Staff Advisor that:
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 76 -
1. The city did not comply with the notice requirements in 9 18.108.080.A
through E;
2. Such error adversely affected and prejudiced a person's substantial rights;
and
3. Such person notified the Staff Advisor within 21 days of when the person
knew or should have known of the decision, the Staff Advisor shall schedule a
hearing before the Board, Commission or Council that heard or would have
heard the matter involving the defective notice.
a. The Staff Advisor shall notify by mail all persons who previously appeared
in the matter and all persons who were entitled to mailed notice but were
not mailed such notice.
b. The hearing shall be conducted as provided in 9 18.108.100 if it is a
hearing before the Board or Commission, except that the record of the
previous hearing shall be reviewed and considered by the Board or
Commission. If it is an appeal before the Council, the Council may hear
such matters as are permitted in 9 18.108.110.
A decision made after the hearing shall supersede the previous decision.
H. Notwithstanding the period specified in subsections F.3 and G.3 of this section,
the period for a hearing or appeal shall not exceed three years after the date of
the initial decision.
SECTION 105, 18.108.110, Procedures, Appeal to Council, of the Ashland Municipal
Code, is amended to read as follows:
18.108.110,Appeal to Council.
A. Appeals of ~ I deeisians far ""ihieh a hearing has been held, af Type II
decisions or of Type III decisions described in sSection 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. Faih:Jre ta "ay the A""eal Fee
at the tiMe All the appeal requirements of Section 18.108.110. includinQ the
aDDeal fee. must be fully met or the appeal will be considered by the city as
is filed is a jurisdictional~ defective and will not be heard or considered.
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 af the
hearing anto consider the appeal by the Council shall be mailed to the parties
at least 20 days prior to the hearingmeeting.
4. The appeal shall be based solely "on the record" established before the
Planning Commission. The appeal shall not be subject to a public
hearing and additional evidence. However, if in the determination of the
City Administrator that a factual error occurred or additional substantive
information might affect the outcome of the decision, the City Council
may accept additional testimony limited to these facts and information
as set forth in a notice of appeal. The Council, or the Mayor in the
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 77 -
absence of Council rules, may set forth the procedure for the conduct of
"on the record" appeals. a Ele Ae~'e eviEleAtiar-, heariAg.
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 Cel:JAeil, b'T' ....ajerit'f '.'ete.
34.Persons who were entitled to receive notice of the action but did not receive
notice due to error.
SECTION 106, 18.108.160, Procedures, Ordinance Interpretations, of the Ashland
Municipal Code, is amended to read as follows:
18.108.160 Ordinance Interpretations.
A. When in the administration of the Land Use Ordinance there is clear doubt regarding
its intent, the suitability of uses not specified or the meaning of a word or phrase,
the planning director is authorized to interpret this land use code and
decisions issued pursuant to this land use code. Any person may request an
interpretation by submitting such request on a written form approved by
the city administrator and accompanied by a fee established by the city
council. Within twenty (20) days of receipt of the written request, the
planning director shall make a written interpretation and mail or deliver a
copy to the party requesting the interpretation, the Planning Commission
and City Council. Appeals of these interpretations shall be heard by the
Planning Commission in the manner set out in ALUO 18.108.050.
B. The Planning Director Staff AEI....iser may iAterpret the previsieA iA v;ritiAg er
refer the previsieA interpretation request directly to the Commission for
interpretation. The Commission shall issue an interpretation in writing to resolve the
doubt.
C. Neither the Staff AEI,,'iser's interpretation nor the Commission's shall have the effect
of amending the provisions of the Land Use Ordinance. Any interpretation of the
Land Use Ordinance shall be based on the following considerations:
1. The comprehensive plan;
2. The purpose and intent of the Land Use Ordinance as applied to the particular
section in question; and
3. The opinion of the City Attorney.
08. Unless the Planning Commission by majority vote chooses to review
the =Ate interpretation of the Staff AEI",iser Planning Director, or the
interpretation is appealed pursuant to Section 18.108.160(A), or the City
Council directs the Planning Commission to review the interpretation, the
interpretation decision is final. shall be fervJarEleEl te the Commission, who
shall have the authority to modify the interpretation. The interpretation of the
Commission shall be forwarded to the Council who shall have the authority to modify
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 78 -
the interpretation. Whenever such an interpretation is of general public interest,
copies of such interpretation shall be made available for public distribution.
SECTION 107, 18.112.030, Enforcement, Revocation - Permit Expiration, of the
Ashland Municipal Code, is amended to read as follows:
18.112.030, Revocation - permit expiration.
Any zoning permit, or planning action, including but not limited to planned unit
development permit, site design review, conditional use permit, or variance granted in
accordance with the terms of this Title shall be deemed revoked if not used within one
year from date of approval, unless another time period is specified in another section of
this Title. Said permit shall not be deemed used until the permittee has actually obtained
a building permit, and commenced construction thereunder, or has actually commenced
the permitted use of the premises. The Staff Aadvisor ta the I"la....i..g Ca...",..issia..
may grant an extension ta this ti",e periad sl:lbjed ta the Type 1 praeedl:lre set
farth i.. Chapter 18.108 af this Title.of the approval under the following
conditions:
1. One time extension no longer than eighteen (18) months is allowed.
2. The Staff Advisor shall find that a change of conditions for which the
applicant was not responsible prevented the applicant from completed
the development within the original time limitation.
3. Land Use Ordinance requirements applicable to the development have
not changed since the original approval. An extension may be granted,
however, if requirements have changed and the applicant agrees to
comply with any such changes.
SECTION 108, 18.112.040, Enforcement, Revocation - conditions violated, of the
Ashland Municipal Code, is amended to read as follows:
18.112.040, Revocation - conditions violated.
Any zoning permit, or planning action, includino but not limited to , planned
unit development permit subdivision approval, site design approval, conditional
use permit, or variance granted in accordance with the terms of this Title may be
revoked if any of the conditions or terms of such permit or variance are violated or if
any law or ordinance is violated in connection therewith.
SECTION 109, Digital Maps. The following Official Maps in electronic format,
attached hereto and made a part hereof by this reference, are officially adopted by
the City of Ashland:
1. Airoort Overlav Zone
2. Site desion Zones
3. Detailed Site Review Zone
4. Downtown Desion Standards - Overlav
S. Hillside Lands
6. Historic Districts
7. North Mountain Zone
8. Phvsical and Environmental Constraints Maos
9. Floodolain Corridor Lands
10. Rioarian Preservation Lands
11. Hillside Lands
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 79 -
12. Wildfire Lands
13. Severe Constraints Lands
14. Performance Standards Overlav
15. Residential Overlav
16. ZoninQ MaD
SECTION 110, 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 111 Savings Clause.
Notwithstanding this amendment, the City ordinances in existence at the
time any land use action was legally deemed commenced, shall remain valid
and in full force and effect for purposes of all applications, cases and actions
filed or commenced during the times said ordinance(s) or portions thereof
were operative.
SECTION 112, Codification.
Provisions of this Ordinance shall be incorporated in the Ashland Municipal
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, and typographical errors and cross-reference
corrections, corrected by the City Recorder, provided however that Sections
110, thru 112, unincorporated Whereas clauses and boilerplate provisions
need not be codified.
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 , 2008,
and duly PASSED and ADOPTED this day of , 2008
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of
, 2008.
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 80 -
John W. Morrison, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Ashland Land Use Ordinance Amendments
First Reading: January 15, 2008-p. 81 -
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As a follow up to my previous testimony I would appreciate your consideration of the
following:
To Ashland City Council
Additional Testimony
12/27/07
In talking with Staff it is my understanding that more restrictive pervious surface
allowances were recommended because there was some concern regarding maintaining a
reasonable minimum landscaping percentage.
It should be recognized that the allowance of pervious surface has a different potential
impact in various residential zones. For example, in small lots with high building
coverage percentages, allowing 10% pervious surface may reduce the landscaping to a
relatively small remaining area. However, in larger lots with only 20% coverage,
allowing 10% pervious surface would still leave an ample 70% landscaping.
In addition, the new fire truck turnaround 150' distance requirement is more likely to
impact larger lot zones. I have attached a copy of the Minimum turn-around standards to
show the large area necessary to build a turn-around, somewhere in the range of 2,500
square feet. A 1/2 acre lot only has a total coverage area of 4,356 square feet. This is an
unreasonable burden.
I would suggest these proposed solutions:
1. Where a fire truck turnaround is required as a part of a flag lot driveway,
allow the flexibility to include the turnaround area in the definition of the
flagpole when calculating coverage. However, this should not be construed to
force a potential lot below the minimum lot size for the zone.
2. Due to lower coverage ratios in RR zones, allow a 10% pervious coverage in
RR zones and a 5% pervious coverage in other zones.
3. Due to the large size of fire truck turnarounds, include fire truck turnarounds
in the allowed pervious surface areas.
4. Since minimum landscape areas will be reasonably protected by limiting the
total pervious surface areas to only 5% or 10%, include driveways in the
allowed pervious surface areas, as there is no reason to differentiate between
types of pervious surfaces.
These changes would permit property owners the flexibility they need to efficiently
design their site while still meeting goals for stormwater management and protecting
landscaping minimums.
For information on pervious concrete please go to: http://www.perviollspavement.org/
Thank you for your consideration.
Steven Daneman
Minimum turn-around standards for public streets
less than 250' in length and serving
less than 10 residential units; or private
flag drives in excess of 250' in length.
r 90' -I
80' 1
20'
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ft
~learanCe Area
1
20'
J
Steven Daneman
250 Sunnyview Street, Ashland
12/18/07
Thank you for this opportunity to provide testimony in regard to the proposed regulations
for pervious surfaces and lot coverage. 1 testify in support of allowing 10% of lot
coverage as pervious surfaces, including driveways.
Staff has proposed only a 5% amount of pervious surface, excluding driveways. There
are several reasons why the 10% amount, including driveways, is a better solution, while
also meeting the goals and rationale for lot coverage limitations.
The City has a legitimate interest in managing storm water runoff and limiting peak flows
to reduce flooding. Using performance standard criteria, allowing pervious surfaces that
do not count against lot coverage complies with the goal of reducing peak flows since
pervious surface driveways actually have a water retention capacity. Pervious driveways
also have the added benefit of minimizing sediment and pollution runoff.
I would also ask that you consider this regulation in light of the proposed expansion of
the fire truck turnaround requirement. If driveways are not included in allowed pervious
surfaces, turnaround areas could have substantial negative impact on some property
owners by unreasonably limiting the use of their property without serving any public
interest. Allowing the use of pervious surfaces for driveways would give property owners
an alternative that would promote the beneficial and efficient use of their property while
still controlling storm water runoff.
In addition, including driveways in the definition of pervious surfaces would likely have
a beneficial impact in increasing the use of pervious concrete in general. As pervious
concrete usage becomes more common the relative cost' compared to standard surfaces
should be reduced and become more cost competitive. If pervious surfaces could be
encouraged in driveways and fire truck turnaround areas, owners would be more likely to
use pervious surfaces voluntarily in adjacent areas like flag driveways and garage entries
due to economies of scale, thus providing a multiplier effect of benefits.
Finally, since the use of pervious surfaces in driveways and fire truck turnaround areas
will satisfy the City's interest in managing storm water runoff, the allowed area should
not be arbitrarily set at a 5% level that may be too small to include the entire driveway
and turnaround areas, in addition to walkways and decks. It would be counterproductive
to place the City in the position of trying to micro-manage the square footage of garden
paths because the standard was set too low.
Since the City's legitimate interests are satisfied by pervious surfaces, you should permit
a 10% lot coverage amount that would provide the benefit of economic scale necessary to
encourage adoption of this emerging construction technique.
I encourage you to adopt a 10% pervious surface standard that includes driveways.
Thank you.
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Measure 49: Transfer of Development Credits.
January 15,2008 Primary Staff Contact: Richard Appicello
City Attorney E-Mail: Appicelr@ashland.or.us
Community Deve ment Secondary Contact: Bill Molnar
Martha Benne Estimated Time: 15 minutes
Question:
Is the City Council interested in negotiating a cooperative agreement with Jackson County to provide
for the voluntary transfer of residential development rights (transferable development credits) from
approved Jackson County Measure 49 claims to City of Ashland designated receptor zones?
Staff Recommendation:
The transfer development credit provision in Measure 49 presents an opportunity for the City to
mitigate possible adverse public facility impacts caused by rural development in Jackson County
pursuant to Measure 49. The City has the opportunity to protect the City's view-shed by providing a
more suitable urban location for transferable residential density. Staff recommends pursuit of an
agreement.
Background
Measure 49 was passed by Oregon voters in November 2007 and became effective in December 2007.
Previously approved Measure 37 waivers must now be processed as Measure 49 claims. For the most
part, valid rural claims will be awarded between 1-3 units under Section 6 or between 4-10 units under
Section 7 of the Act. The Measure expressly allows for the transfer of Measure 49 development
rights.. The City of Ashland (and other Cities) and Jackson County can enter into a cooperative
agreement(s) to transfer the development rights authorized by Measure 49 to more appropriate City
locations. The Measure directs such Cities and Counties to use state statutes governing conservation
easements and transferable development credits.
Measure 49 Section 11, numbered paragraph (8) provides
(8) A person that is eligible to be a holder as defined in ORS 271.715 may acquire the rights to
carry out a use of land authorized under sections 5 to 11 of this 2007 Act from a willing seller
in the manner provided by ORS 271.715 to 271.795. Metro, cities and counties may enter into
cooperative agreements under ORS chapter 195 to establish a system for the purchase and sale
of severable development interests as described in ORS 94.531. A system established under
this subsection may provide for the transfer of severable development interests between the
jurisdictions of the public entities that are parties to the agreement for the purpose of allowing
development to occur in a location that is different from the location in which the development
interest arises. (emphasis added)
Page 1 of 2
DRAFT 0] 1508 - Measure 49.doc
r~'
CITY OF
ASHLAND
Related City Policies:
An agreement to transfer density relates to Regional Problem Solving Plans; the City of Ashland
Comprehensive Plan; the Ashland Land Use Ordinance; ORS 271.715- 271.795 and ORS 94.531.
The City of Ashland Measure 37 claim ordinance (Chapter 18.110) will need to be amended in the near
future to accommodate new claims (Sections 12-14). This amendment should be on the February 5,
2007 agenda.
Council Options:
(1) Direct staff to develop a draft cooperative agreement and implementing comprehensive plan
and land use ordinance amendments. Discuss possible agreement with County staff, RPS, and
workshop implementation measures with Planning Commission and Council. [Staff
Recommendation]
(2) Take no action.
Potential Motions:
Motion to approve staff recommendation.
Attachments:
Measure 49 Summary/ Measure 49 / ORS 94.531.
Page 2 of2
DRAFT 011508 - Measure 49.doc
r~'
2007 BALLOT 11EASURE 49
SECTION-BY-SECTION SUMMARY
12/6/2007
SECTIONS 1 and la: CODIFICATION INORS CHAPTER 195
The codification of this legislation in chapter 195 instead of 197 is not intended to have
any substantive effect. ORS 197.352 is being moved to chapter 195 simply because of
the limited remaining room for new sections in chapter 197. LCDC rulemaking authority
extends to ORS Chapter 195.
SECTION 2: DEFINITIONS
(1) Acquisition date is as shown in county deed records. If there are multiple owners, it
is the earliest date.
(2) Claim.
(3) Enacted.
(4) Fair market value.
(5) Farming practice.
(6) Federal law.
(7) File.
(8) Forest practice.
(9) Ground water restricted area.
(10) High-value farmland.
(11) High-value forestland.
(12) Home site approval.
(13) Just compensation.
(14) Land use regulation.
(15) Measure 37 permit.
(16) Owner.
(17) Property.
(18) Protection ofpubIic health and safety.
(19) Public entity.
(20) Urban growth boundary.
(21) Waivelwaiver.
(22) Zoned for residential use.
SECTION 3: STATEMENT OF PURPOSE
Provide just compensation for unfair burdens, while retaining protections for farm and
forest uses and water resources.
1
SECI'ION 4: AMENDMENTS TO ORS 197.352 (MEASURE 37)
The amendments to ORS 197.352 (Measure 37) define how Measure 49 will operate for
claims based on new land use regulations, along with sections 12 through 14.
The amendments repeal the authorization to file a claim for existing land use regulations,
along with cause of action for compensation if regulations continue to apply.
The amendments also clarify that a decision by a public entity under Measure 37 or under
Measure 49 is not a land use decision.
SECI'lON 5: JUST COMPENSATION FOR CLAIMS MADE BEFORE JUNE 28,
2007
This section sets up three pathways for claims made on or before June 28, 2007,
regardless of whether a waiver has been approved.
The three paths are:
. To receive just compensation under the "express" path in section 6;
. To receive just compensation under the "conditional" path in section 7; or
. To continue with any rights under Measure 37 that have vested under common
law as of the effective date of the Act, and that comply with the terms of
applicable waivers.
SECI'lON 6: EXPRESS COMPENSATION FOR APPROVED AND PENDING
CLAIMS OUTSIDE OF URBAN GROWTH BOUNDARIES (ONE TO THREE
HOME SITES)
Section 6 authorizes persons with Measure 37 waivers and pending Measure 37 claims to
establish one to three home sites on their property. Claimants may reduce the
number of requested home sites to qualify (or amend their claim if they initially
sought some other use). To qualify:
. The claimant must own the property and all owners must consent to the claim;
. The property must be outside of an urban growth boundary and a city;
. A land use regulation must prohibit the lot, parcel or dwelling sought;
2
. The claimant must have filed a Measure 37 claim on or before June 28, 2007 with
both the county and the state;
. On the claimant's acquisition date, he/she must have been lawfully permitted to
establish at least the number of home sites sought;
. Exempt land use regulations (public health and safety; regulations required by
federal law) don't prohibit the home sites; and
. The claim must have complied with applicable state rules for Measure 37 claims
(if the claim was filed after December 4, 2006, it must include the denial of a land
use application).
There is no fee'for these claims, and the expectation is that in most cases little or
no additional information will be needed from the claimant.
SECTION 7: CONDITIONAL COMPENSATION FOR APPROVED AND
PENDING CLAIMS OUTSIDE OF URBAN GROWTH BOUNDARIES (FOUR
TO TEN HOME SITES)
Section 7 authorizes persons with waivers and pending claims to
establish four to ten home sites on their property. Claimants may reduce the
number of requested home sites to qualify, but may not increase the size of their
claim.
To qualify:
. The claimant must meet the requirements under section 6 (above);
. The property must not be located on high-value fannland, high-value forestland,
or in a groundwater restricted area; and
. An appraisal demonstrates that the fair market value of the property was reduced
by the enactment of one or more land use regulations, and that the amount of the
reduction is equal to or greater than the fair market value of the home sites that
the claimant wishes to establish on the property.
SECTION 8: PROCEDURES FOR APPROVED AND PENDING CLAIMS
OUTSIDE OF URBAN GROWTH BOUNDARIES
DLCD will send notice to virtually all claimants describing what their options are and
what (if any) additional information is needed.
Claimants elect what form of relief they want within 90 days of the DLCD notice.
3
If claimants choose "conditional" relief, they have until mid 2008 to submit an
appraisal. They may opt into the "express" path if they do so before submitting their
appraisal.
OLCO processes claims in the order received.
Review will include a notice and comment process for public involvement, and will allow
claimants to respond to comments received.
If only county regulations are involved, the claim is transferred to the county (Note for
pre-1973 claims).
When DLCO or the county approves a claim, they approve a specific number of
home sites. The number of homes that may be developed on the property is set,
based on the waiver. Landowners still will go through the normal land division
and building permit processes to ensure that the homes comply with standards
relating to where the homes are built on the property and how they are built.
SECTION 9: JUST COMPENSATION FOR APPROVED AND PENDING
CLAIMS INSIDE OF URBAN GROWTH BOUNDARIES
Section 9 authorizes persons with waivers and pending claims for
property within an urban growth boundary to establish one or more dwellings, up
to a limit of 10.
To qualify:
. The claimant must own the property and all owners must have consented to the
claim;
. The property must be inside of an urban growth boundary;
. The property must be residentially-zoned;
. The claimant must have had the right to establish the dweIling(s) on his or her
acquisition date;
. One or more land use regulation(s) must prohibit the development of the
dwelling(s);
. Exempt land use regulations (public health and safety; regulations required by
federal law) don't prohibit the dwellings; and
4
. An appraisal demonstrates that the fair market value of the property was reduced
by the enactment of one or more land use regulations, and that the amount of the
reduction is equal to or greater than the fair market value of the home sites that
the claimant wishes to establish on tl1e property.
SECTION 10: PROCEDURES FOR APPROVED AND PENDING CLAIMS
INSIDE OF URBAN GROWTH BOUNDARIES
The city or county that received the claim under Measure 37 reviews the claim to
ensure that it complies with the requirements of the Act.
SECTION 11: DEVELOPMENT STANDARDS, TRANSFERABILITY (FOR
APPROVED AND PENDING CLAIMS UNDER SECTIONS 6, 7 OR 9)
New lots/parcels in a resource zone are limited to 2 acres if high-value, 5 acres ifnot.
Twenty home site cap, statewide, per owner.
All claims must comply with current development standards unless a standard
would prohibit the use. A standard prohibits a dwelling or a land division if it
makes it unlawful or economically unfeasible.
Home site approvals under the Act are transferable and run with the laIid (when
the property is sold, the home site approval will transfer with the sale), with no
time limit on when the claimant must carry out the Use.
When the claimant conveys the property, however, the new owner(s) have ten
years to build the dwelling and/or divide the property as authorized by the home
site approval.
If a claimant passes away during the processing of a claim., the claimant's heirs
are entitled to the relief that the claimant would have received.
Transfer of authorizations between properties to cluster allowed.
Cooperative agreements between cities, counties and Metro for transfer of development
rights acquired through Measure 49 waivers are authorized.
5
SECTION 12: NEW CLAIMS FOR NEW LAND USE REGULATIONS
New claims are allowed for new land use regulations that are enacted after January 1,
2007.
New land use regulations that trigger claims are restrictions on residential uses,
LCDC rules and goals, and restrictions on farm or forest practices.
.
SECTION 13: NEW CLAIMS, FILING AND REQUIRED CONTENTS
Claims must demonstrate loss of fair market value.
Just compensation is payment of money or waiver of regulations.
Just compensation is not transferable.
SECTION 14: PROCEDURES FOR REVIEW OF NEW CLAIMS
New claims must be filed within five years of the enactment of the land use
regulation;
Claims are filed with the public entity that enacted them.
SECTION 15: INTERGOVERNMENTAL COORDINATION
Notice requirements.
SECTION 16: JUDICIAL REVIEW
Judicial review of decisions that a claimant is entitled to relief under Measure 49 are
reviewed by the circuit courts. That review is on the record created before the public
entity, and issues are limited to those raised before the public entity (raise it or waive it
applies).
SECTIONS 17 & 18: OMBUDSMAN, QUALIFICATIONS
State ombudsman to facilitate issues arising with both Measure 37 clai.mS and Measure
49 claims
6
SECTION 19: COMPREHENSIVE PLAN OR ZONING AMENDMENTS;
ANNEXATION
Persons who seek and obtain comprehensive plan or zoning amendments. or who petition
for annexation. are not then eligible to file claims for land use regulations enacted before
the application was filed.
SECTION 20: APPRAISALS
Specifies qualifications for appraisers under Measure 49.
SECTION 21: ACQUISITION DATE; MULTIPLE CLAIMANTS
Gives a surviving spouse an acquisition date that is the date of the marriage or the
date the deceased spouse acquired the property, whichever is later.
Ifthere are multiple claimants that acquired the property at different times, the
acquisition date that is used is the earliest date.
SECI10N 2Ib: FAIR MARKET VALUE
Defines term using definition from case law.
SECfION 22: COMPENSATION AND CONSERVATION FUND
SECI10N 23: CONFORMING AMENDMENTS
SECTION 24: CAPTIONS
SECflON 25: REFERRAL
7
Text of Measure 49
AN ACT
Relating to compensation for loss of value of private real property resulting from
land use regulation; creating new provisions; amending ORS 93.040 and 197.352;
appropriating money; and providing that this Act shall be referred to the people
for their approval or rejection.
Be It Enacted by the People of the State of Oregon:
SECTION 1. Sections 2, 3 and 5 to 22 of this 2007 Act are added to and made a
part of ORS chapter 195.
SECTION la. ORS 197.352 is added to and made a part of sections 5 to 22 of
this 2007 Act.
DEFINITIONS
SECTION 2. As used in this section and sections 3 and 5 to 22 of this 2007 Act:
(1) J/ Acquisition dateJ/ means the date described in section 21 of this 2007 Act.
(2) J/Claim" means a written demand for compensation filed under:
(a) ORS 197.352, as in effect immediately before the effective date of this 2007
Act; or
(b) Sections 12 to 14 of this 2007 Act and ORS 197.352, as in effect on and after
the effective date of this 2007 Act.
(3) J/Enacted" means enacted, adopted or amended.
(4) J/Fair market value" means the value of property as determined under
section 21b of this 2007 Act.
(5) J/Farming practice" has the meaning given that term in ORS 30.930.
(6) J/Federallaw" means:
(a) A statute, regulation, order, decree or policy enacted by a federal entity or
by a state entity acting under authority delegated by the federal government;
(b) A requirement contained in a plan or rule enacted by a compact entity; or
(c) A requirement contained in a permit issued by a federal or state agency
pursuant to a federal statute or regulation.
(7) "File" means to submit a document to a public entity.
(8) "Forest practice" has the meaning given that term in ORS 527.620.
(9) "Ground water restricted area" means an area designated as a critical
ground water area or as a ground water limited area by the Water Resources
Department or Water Resources Commission before the effective date of this
2007 Act.
(10) "High-value farmland" means:
(a) High-value farmland as described in ORS 215.710 that is land in an
exclusive farm use zone or a mixed farm and forest zone, except that the dates
specified in ORS 215.710 (2), (4) and (6) are the effective date of this 2007 Act.
(b) Land west of U.S. Highway 101 that is composed predominantly of the
following soils in Class III or IV or composed predominantly of a combination
of the soils described in ORS 215.710 (1) and the following soils:
(A) Subclassification I1lw, specifically Ettersburg Silt Loam and Croftland
Silty Clay Loam;
(B) Subclassification I1le, specifically Klooqueth Silty Clay Loam and
Win chuck Silt Loam; and
(C) Subclassification IVw, specifically Huffling Silty Clay Loam.
(c) Land that is in an exclusive farm use zone or a mixed farm and forest zone
and that on the date of adjournment sine die of the 2007 regular session of the
Seventy-fourth Legislative Assembly is:
(A) Within the place of use for a permit, certificate or decree for the use of
water for irrigation issued by the Water Resources Department;
(B) Within the boundaries of a district, as defined in ORS 540.505; or
(C) Within the boundaries of a diking district formed under ORS chapter 551.
(d) Land that contains not less than five acres planted in wine grapes.
(e) Land that is in an exclusive farm use zone and that is at an elevation
between 200 and 1,000 feet above mean sea level, with an aspect between 67.5
and 292.5 degrees and a slope between zero and 15 percent, and that is located
within:
(A) The Southern Oregon viticultural area as described in 27 C.F.R. 9.179;
(B) The Umpqua Valley viticultural area as described in 27 C.F.R. 9.89; or
(C) The Willamette Valley viticultural area as described in 27 C.F.R. 9.90.
(f) Land that is in an exclusive farm use zone and that is no more than 3,000
feet above mean sea level, with an aspect between 67.5 and 292.5 degrees and a
slope between zero and 15 percent, and that is located within:
(A) The portion of the Columbia Gorge viticultural area as described in 27
C.F.R. 9.178 that is within the State of Oregon;
(B) The Rogue Valley viticultural area as described in 27 C.F.R. 9.132;
(C) The portion of the Columbia Valley viticultural area as described in 27
C.F.R. 9.74 that is within the State of Oregon;
(D) The portion of the Walla Walla Valley viticultural area as described in 27
C.F.R. 9.91 that is within the State of Oregon; or
(E) The portion of the Snake River Valley viticultural area as described in 27
C.F.R. 9.208 that is within the State of Oregon.
(11) "High-value forestland" means land:
(a) That is in a forest zone or a mixed farm and forest zone, that is located in
western Oregon and composed predominantly of soils capable of producing
more than 120 cubic feet per acre per year of wood fiber and that is capable of
producing more than 5,000 cubic feet per year of commercial tree species; or
(b) That is in a forest zone or a mixed farm and forest zone, that is located in
eastern Oregon and composed predominantly of soils capable of producing
more than 85 cubic feet per acre per year of wood fiber and that is capable of
producing more than 4,000 cubic feet per year of commercial tree species.
(12) "Home site approval" means approval of the subdivision or partition of
property or approval of the establishment of a dwelling on property.
(13) "Just compensation" means:
(a) Relief under sections 5 to 11 of this 2007 Act for land use regulations
enacted on or before January 1, 2007; and
(b) Relief under sections 12 to 14 of this 2007 Act for land use regulations
enacted after January 1, 2007.
(14) "Land use regulation" means:
(a) A statute that establishes a minimum lot or parcel size;
(b) A provision in ORS 227.030 to 227.300, 227.350, 227.400, 227.450 or 227.500 or
in ORS chapter 215 that restricts the residential use of private real property;
(c) A provision of a city comprehensive plan, zoning ordinance or land
division ordinance that restricts the residential use of private real property
zoned for residential use;
(d) A provision of a county comprehensive plan, zoning ordinance or land
division ordinance that restricts the residential use of private real property;
(e) A provision of the Oregon Forest Practices Act or an administrative rule of
the State Board of Forestry that regulates a forest practice and that implements
the Oregon Forest Practices Act;
(f) ORS 561.191, a provision of ORS 568.900 to 568.933 or an administrative rule
of the State Department of Agriculture that implements ORS 561.191 or 568.900
to 568.933;
(g) An administrative rule or goal of the Land Conservation and Development
Commission; or
(h) A provision of a Metro functional plan that restricts the residential use of
private real property.
(15) "Measure 37 permit" means a final decision by Metro, a city or a county to
authorize the development, subdivision or partition or other use of property
pursuant to a waiver.
(16) "Owner" means:
(a) The owner of fee title to the property as shown in the deed records of the
county where the property is located;
(b) The purchaser under a land sale contract, if there is a recorded land sale
contract in force for the property; or
(c) If the property is owned by the trustee of a revocable trust, the settlor of a
revocable trust, except that when the trust becomes irrevocable only the trustee
is the owner.
(17) "Property" means the private real property described in a claim and
contiguous private real property that is owned by the same owner, whether or
not the contiguous property is described in another claim, and that is not
property owned by the federal government, an Indian tribe or a public body,
as defined in ORS 192.410.
(18) "Protection of public health and safety" means a law, rule, ordinance,
order, policy, permit or other governmental authorization that restricts a use of
property in order to reduce the risk or consequence of fire, earthquake,
landslide, flood, storm, pollution, disease, crime or other natural or human
disaster or threat to persons or property including, but not limited to, building
and fire codes, health and sanitation regulations, solid or hazardous waste
regulations and pollution control regulations.
(19) "Public entity" means the state, Metro, a county or a city.
(20) "Urban growth boundary" has the meaning given that term in ORS
195.060.
(21) "Waive" or "waiver" means an action or decision of a public entity to
modify, remove or not apply one or more land use regulations under sections 5
to 22 of this 2007 Act or ORS 197.352, as in effect immediately before the
effective date of this 2007 Act, to allow the owner to use property for a use
permitted when the owner acquired the property.
(22) "Zoned for residential use" means zoning that has as its primary purpose
single-family residential use.
LEGISLATIVE POLICY
ON FAIRNESS TO PROPERTY OWNERS
SECTION 3. (1) The Legislative Assembly finds that:
(a) In some situations, land use regulations unfairly burden particular
property owners.
(b) To address these situations, it is necessary to amend Oregon's land use
statutes to provide just compensation for unfair burdens caused by land use
regulations.
(2) The purpose of sections 5 to 22 of this 2007 Act and the amendments to
Ballot Measure 37 (2004) is to modify Ballot Measure 37 (2004) to ensure that
Oregon law provides just compensation for unfair burdens while retaining
Oregon's protections for farm and forest uses and the state's water resources.
BALLOT MEASURE 37
SECTION 4. ORS 197.352 is amended to read:
197.352. [The following provisions are added to and made a part of ORS chapter 197:]
(1) If a public entity enacts [or enforces a new land use regulation or enforces a land
use regulation enacted prior to December 2, 2004, that restricts] one or more land use
regulations that restrict the residential use of private real property or [any
interest therein] a farming or forest practice and [has the effect of reducing] that
reduce the fair market value of the property, [or any interest therein,] then the
owner of the property shall be [paid just compensation] entitled to just
compensation from the public entity that enacted the land use regulation or
regulations as provided in sections 12 to 14 of this 2007 Act.
(2) Just compensation under sections 12 to 14 of this 2007 Act shall be [equal to]
based on the reduction in the fair market value of the [affected] property [interest]
resulting from [enactment or enforcement of] the land use regulation [as of the date
the owner makes written demand for compensation under this section].
(3) Subsection (1) of this section shall not apply to land use regulations that were
enacted prior to the claimant's acquisition date or to land use regulations:
[(A)] (a) Restricting or prohibiting activities commonly and historically
recognized as public nuisances under common law[. This subsection shall be
construed narrowly in favor of a finding of compensation under this section];
[(B)] (b) Restricting or prohibiting activities for the protection of public health
and safety[, such as fire and building codes, health and sanitation regulations, solid or
hazardous waste regulations, and pollution control regulations];
[(C)] (c) To the extent the land use regulation is required to comply with federal
law; or
[(D)] (d) Restricting or prohibiting the use of a property for the purpose of selling
pornography or performing nude dancing. [Nothing in this subsection, however, is
intended to affect or alter rights provided by the Oregon or United States Constitutions;
or]
[(E) Enacted prior to the date of acquisition of the property by the owner or a family
member of the owner who owned the subject property prior to acquisition or inheritance
by the owner, whichever occurred first.]
[(4) Just compensation under subsection (1) of this section shall be due the owner of the
property if the land use regulation continues to be enforced against the property 180 days
after the owner of the property makes written demand for compensation under this
section to the public entity enacting or enforcing the land use regulation.]
[(5) For claims arising from land use regulations enacted prior to December 2, 2004,
written demand for compensation under subsection (4) shall be made within two years of
December 2, 2004, or the date the public entity applies the land use regulation as an
approval criteria to an application submitted by the owner of the property, whichever is
later. For claims arising from land use regulations enacted after December 2, 2004,
written demand for compensation under subsection (4) shall be made within two years of
the enactment of the land use regulation, or the date the owner of the property submits a
land use application in which the land use regulation is an approval criteria, whichever is
later. ]
[(6) If a land use regulation continues to apply to the subject property more than 180
days after the present owner of the property has made written demand for compensation
under this section, the present owner of the property, or any interest therein, shall have a
cause of action for compensation under this section in the circuit court in which the real
property is located, and the present owner of the real property shall be entitled to
reasonable attorney fees, expenses, costs, and other disbursements reasonably incurred to
collect the compensation.]
(4)(a) Subsection (3)(a) of this section shall be construed narrowly in favor of
granting just compensation under this section. Nothing in subsection (3) of
this section is intended to affect or alter rights provided by the Oregon or
United States Constitution.
(b) Subsection (3)(b) of this section does not apply to any farming or forest
practice regulation that is enacted after January 1, 2007, unless the primary
purpose of the regulation is the protection of human health and safety.
(c) Subsection (3)(c) of this section does not apply to any farming or forest
practice regulation that is enacted after January 1, 2007, unless the public entity
enacting the regulation has no discretion under federal law to decline to enact
the regulation.
[(7)] (5) A [metropolitan service district, city, or county, or state agency] public entity
may adopt or apply procedures for the processing of claims under [this section,
but in no event shall these procedures act as a prerequisite to the filing of a compensation
claim under subsection (6) of this section, nor shall the failure of an owner of property to
file an application for a land use permit with the local government serve as grounds for
dismissal, abatement, or delay of a compensation claim under subsection (6) of this
section] sections 12 to 24 of this 2007 Act.
[(8)] (6) [Notwithstanding any other state statute or the availability of funds under
subsection (10) of this section, in lieu of payment of just compensation under this section,
the governing body responsible for enacting] The public entity that enacted the land
use regulation [may modify, remove, or not to apply the land use regulation or land use
regulations to allow the owner to use the property for a use permitted at the time the
owner acquired the property] that gives rise to a claim under subsection (1) of this
section shall provide just compensation as required under sections 12 to 24 of
this 2007 Act.
[(9)] (7) A decision by a [governing body under this section shall not be considered a]
public entity that an owner qualifies for just compensation under sections 5 to
22 of this 2007 Act and a decision by a public entity on the nature and extent of
that compensation are not land use [decision as defined in ORS 197.015 (11)]
decisions.
[(10) Claims made under this section shall be paid from funds, if any, specifically
allocated by the legislature, city, county, or metropolitan service district for payment of
claims under this section. Notwithstanding the availability of funds under this
subsection, a metropolitan service district, city, county, or state agency shall have
discretion to use available funds to pay claims or to modify, remove, or not apply a land
use regulation or land use regulations pursuant to subsection (6) of this section. If a
claim has not been paid within two years from the date on which it accrues, the owner
shall be allowed to use the property as permitted at the time the owner acquired the
property. ]
[(11) Definitions - for purposes of this section:]
[(A) "Family member" shall include the wife, husband, son, daughter, mother, father,
brother, brother-in-law, sister, sister-in-law, son-in-law, daughter-in-law, mother-in-law,
father-in-law, aunt, uncle, niece, nephew, stepparent, stepchild, grandparent, or
grandchild of the owner of the property, an estate of any of the foregoing family members,
or a legal entity owned by anyone or combination of these family members or the owner
of the property.]
[(B) "Land use regulation" shall include:]
[W Any statute regulating the use of land or any interest therein;]
[(ii) Administrative rules and goals of the Land Conservation and Development
Commission; ]
[(iii) Local government comprehensive plans, zoning ordinances, land division
ordinances, and transportation ordinances;]
[(iv) Metropolitan service district regional framework plans, functional plans, planning
goals and objectives; and]
[(v) Statutes and administrative rules regulating farming and forest practices.]
[(C) "Owner" is the present owner of the property, or any interest therein.]
[(D) "Public entity" shall include the state, a metropolitan service district, a city, or a
county.]
[(12)] (8) The [remedy] remedies created by [this section is] sections 5 to 22 of this
2007 Act are in addition to any other remedy under the Oregon or United States
[Constitutions] Constitution, and [is] are not intended to modify or replace any
[other] constitutional remedy.
[(13)] (9) If any portion or portions of this section are declared invalid by a court
of competent jurisdiction, the remaining portions of this section shall remain in
full force and effect.
BALLOT MEASURE 37 CLAIMS MADE
ON OR BEFORE THE DATE OF ADJOURNMENT
SINE DIE OF THE 2007 REGULAR SESSION
OF THE SEVENTY-FOURTH LEGISLATIVE ASSEMBLY
(Generally)
SECTION 5. A claimant that filed a claim under ORS 197.352 on or before the
date of adjournment sine die of the 2007 regular session of the Seventy-fourth
Legislative Assembly is entitled to just compensation as provided in:
(1) Section 6 or 7 of this 2007 Act, at the claimant's election, if the property
described in the claim is located entirely outside any urban growth boundary
and entirely outside the boundaries of any city;
(2) Section 9 of this 2007 Act if the property described in the claim is located, in
whole or in part, within an urban growth boundary; or
(3) A waiver issued before the effective date of this 2007 Act to the extent that
the claimant's use of the property complies with the waiver and the claimant
has a common law vested right on the effective date of this 2007 Act to
complete and continue the use described in the waiver.
(Claims Relating to Property
Outside Urban Growth Boundaries)
SECTION 6. (1) A claimant that filed a claim under ORS 197.352 on or before
the date of adjournment sine die of the 2007 regular session of the Seventy-
fourth Legislative Assembly is eligible for three home site approvals on the
property if the requirements of this section and sections 8 and 11 of this 2007
Act are met. The procedure for obtaining home site approvals under this
section is set forth in section 8 of this 2007 Act.
(2) The number of lots, parcels or dwellings that may be approved for property
under this section may not exceed the lesser of:
(a) The number of lots, parcels or dwellings described in a waiver issued by
the state before the effective date of this 2007 Act or, if a waiver was not
issued, the number of lots, parcels or dwellings described in the claim filed
with the state; or
(b) Three, except that if there are existing dwellings on the property or the
property contains more than one lot or parcel, the number of lots, parcels or
dwellings that may be established is reduced so that the combined number of
lots, parcels or dwellings, including existing lots, parcels or dwellings located
on or contained within the property, does not exceed three.
(3) Notwithstanding subsection (2) of this section, a claimant that otherwise
qualifies for relief under this section may establish at least one additional lot,
parcel or dwelling on the property. In addition, if the number of lots, parcels
or dwellings described in a waiver issued by the state before the effective date
of this 2007 Act or, if a waiver was not issued, the number of lots, parcels or
dwellings described in the claim filed with the state is more than three, the
claimant may amend the claim to reduce the number to no more than three by
filing notice of the amendment with the form required by section 8 of this 2007
Act.
(4) If a claim was for a use other than a subdivision or partition of property, or
other than approval for establishing a dwelling on the property, the claimant
may amend the claim to seek one or more home site approvals under this
section. A person amending a claim under this subsection may not make a
claim under section 7 of this 2007 Act.
(5) If multiple claims were filed for the same property, the number of lots,
parcels or dwellings that may be established for purposes of subsection (2)(a)
of this section is the number of lots, parcels or dwellings in the most recent
waiver issued by the state before the effective date of this 2007 Act or, if a
waiver was not issued, the most recent claim filed with the state, but not more
than three in any case.
(6) To qualify for a home site approval under this section, the claimant must
have filed a claim for the property with both the state and the county in which
the property is located. In addition, regardless of whether a waiver was issued
by the state or the county before the effective date of this 2007 Act, to qualify
for a home site approval under this section the claimant must establish that:
(a) The claimant is an owner of the property;
(b) All owners of the property have consented in writing to the claim;
(c) The property is located entirely outside any urban growth boundary and
entirely outside the boundaries of any city;
(d) One or more land use regulations prohibit establishing the lot, parcel or
dwelling;
(e) The establishment of the lot, parcel or dwelling is not prohibited by a land
use regulation described in ORS 197.352 (3); and
(f) On the claimant's acquisition date, the claimant lawfully was permitted to
establish at least the number of lots, parcels or dwellings on the property that
are authorized under this section.
(7) If the claim was filed after December 4, 2006, to issue a home site approval
under this section, the Department of Land Conservation and Development
must verify that the claim was filed in compliance with the applicable rules of
the Land Conservation and Development Commission and the Oregon
Department of Administrative Services.
(8) Except as provided in section 11 of this 2007 Act, if the Department of Land
Conservation and Development has issued a final order with a specific
number of home site approvals for a property under this section, the claimant
may seek other governmental authorizations required by law for the partition
or subdivision of the property or for the development of any dwelling
authorized, and a land use regulation enacted by the state or county that has
the effect of prohibiting the partition or subdivision, or the dwelling, does not
apply to the review of those authorizations.
SECTION 7. (1) A claimant that filed a claim under ORS 197.352 on or before
the date of adjournment sine die of the 2007 regular session of the Seventy-
fourth Legislative Assembly for property that is not high-value farmland or
high-value forestland and that is not in a ground water restricted area is
eligible for four to 10 home site approvals for the property if the requirements
of this section and sections 8 and 11 of this 2007 Act are met. The procedure for
obtaining home site approvals under this section is set forth in section 8 of this
2007 Act.
(2) The number of lots, parcels or dwellings that may be established on the
property under this section may not exceed the lesser of:
(a) The number of lots, parcels or dwellings described in a waiver issued by
the state before the effective date of this 2007 Act or, if a waiver was not
issued, the number of lots, parcels or dwellings described in the claim filed
with the state;
(b) 10, except that if there are existing dwellings on the property or the
property contains more than one lot or parcel, the number of lots, parcels or
dwellings that may be established is reduced, so that the combined number of
lots, parcels or dwellings, including existing lots, parcels or dwellings located
on or contained within the property, does not exceed 10; or
(c) The number of home site approvals with a total value that represents just
compensation for the reduction in fair market value caused by the enactment
of one or more land use regulations that were the basis for the claim, as set
forth in subsection (6) of this section.
(3) If the number of lots, parcels or dwellings described in a waiver issued by
the state before the effective date of this 2007 Act or, if a waiver was not
issued, the number of lots, parcels or dwellings described in the claim filed
with the state is more than 10, the claimant may amend the claim to reduce the
number to no more than 10 by filing notice of the amendment with the form
required by section 8 of this 2007 Act.
(4) If multiple claims were filed for the same property, the number of lots,
parcels or dwellings that may be established for purposes of subsection (2)(a)
of this section is the number of lots, parcels or dwellings in the most recent
waiver issued by the state before the effective date of this 2007 Act or, if a
waiver was not issued, the most recent claim filed with the state, but not more
than 10 in any case.
(5) To qualify for a home site approval under this section, the claimant must
have filed a claim for the property with both the state and the county in which
the property is located. In addition, regardless of whether a waiver was issued
by the state or the county before the effective date of this 2007 Act to qualify
for a home site approval under this section, the claimant must establish that:
(a) The claimant is an owner of the property;
(b) All owners of the property have consented in writing to the claim;
(c) The property is located entirely outside any urban growth boundary and
entirely outside the boundaries of any city;
(d) One or more land use regulations prohibit establishing the lot, parcel or
dwelling;
(e) The establishment of the lot, parcel or dwelling is not prohibited by a land
use regulation described in ORS 197.352 (3);
(f) On the claimant's acquisition date, the claimant lawfully was permitted to
establish at least the number of lots, parcels and dwellings on the property
that are authorized under this section; and
(g) The enactment of one or more land use regulations, other than land use
regulations described in ORS 197.352 (3), that are the basis for the claim caused
a reduction in the fair market value of the property that is equal to or greater
than the fair market value of the home site approvals that may be established
on the property under subsection (2) of this section, with the reduction in fair
market value measured as set forth in subsection (6) of this section.
(6) The reduction in the fair market value of the property caused by the
enactment of one or more land use regulations that were the basis for the claim
is equal to the decrease, if any, in the fair market value of the property from
the date that is one year before the enactment of the land use regulation to the
date that is one year after the enactment, plus interest. If the claim is based on
the enactment of more than one land use regulation enacted on different dates,
the reduction in the fair market value of the property caused by each
regulation shall be determined separately and the values added together to
calculate the total reduction in fair market value. The reduction in fair market
value shall be adjusted by any ad valorem property taxes not paid as a result of
any special assessment of the property under ORS 308A.050 to 308A.128,
321.257 to 321.390, 321.700 to 321.754 or 321.805 to 321.855, plus interest, offset
by any severance taxes paid by the claimant and by any recapture of potential
additional tax liability that the claimant has paid or will pay for the property if
the property is disqualified from special assessment under ORS 308A.703.
Interest shall be computed under this subsection using the average interest
rate for a one-year United States Government Treasury Bill on December 31 of
each year of the period between the date the land use regulation was enacted
and the date the claim was filed, compounded annually on January 1 of each
year of the period.
(7) For the purposes of subsection (6) of this section, a claimant must provide
an appraisal showing the fair market value of the property one year before the
enactment of the land use regulation that was the basis for the claim and the
fair market value of the property one year after the enactment. The appraisal
also must show the fair market value of each home site approval to which the
claimant is entitled under section 6 (2) of this 2007 Act, along with evidence of
any ad valorem property taxes not paid, any severance taxes paid and any
recapture of additional tax liability that the claimant has paid or will pay for
the property if the property is disqualified from special assessment under
ORS 308A.703. The actual and reasonable cost of preparing the claim,
including the cost of the appraisal, not to exceed $5,000, may be added to the
calculation of the reduction in fair market value under subsection (6) of this
section. The appraisal must:
(a) Be prepared by a person certified under ORS chapter 674 or a person
registered under ORS chapter 308;
(b) Comply with the Uniform Standards of Professional Appraisal Practice, as
authorized by the Financial Institutions Reform, Recovery, and Enforcement
Act of 1989; and
(c) Expressly determine the highest and best use of the property at the time the
land use regulation was enacted.
(8) Relief may not be granted under this section if the highest and best use of
the property was not residential use at the time the land use regulation was
enacted.
(9) If the claim was filed after December 4, 2006, to issue a home site approval
under this section, the Department of Land Conservation and Development
must verify that the claim was filed in compliance with the applicable rules of
the Land Conservation and Development Commission and the Oregon
Department of Administrative Services.
(10) Except as provided in section 11 of this 2007 Act, if the Department of
Land Conservation and Development has issued a final order with a specific
number of home site approvals for the property under this section, the
claimant may seek other governmental authorizations required by law for the
subdivision or partition of the property or for the development of any
dwelling authorized, and a land use regulation enacted by the state or county
that has the effect of prohibiting the subdivision or partition, or the dwelling,
does not apply to the review of those authorizations.
SECTION 8. (1) No later than 120 days after the effective date of this 2007 Act,
the Department of Land Conservation and Development shall send notice to
all the following claimants that filed a claim for property outside an urban
growth boundary:
(a) A claimant whose claim was denied by the state before the effective date of
this 2007 Act, but who may become eligible for just compensation because of
section 21 (2) of this 2007 Act or any other provision of sections 5 to 22 of this
2007 Act;
(b) A claimant whose claim was approved by the state before the effective date
of this 2007 Act; and
(c) A claimant whose claim has not been approved or denied by the state
before the effective date of this 2007 Act.
(2) The notice required by subsection (1) of this section must:
(a) Explain the claimant's options if the claimant wishes to subdivide, partition
or establish a dwelling on the property under sections 5 to 22 of this 2007 Act;
(b) Identify any information that the claimant must file; and
(c) Provide a form for the claimant's use.
(3) A claimant must choose whether to proceed under section 6 or 7 of this 2007
Act by filing the form provided by the department within 90 days after the
date the department mails the notice and form required under subsection (1) of
this section. In addition, the claimant must file any information required in
the notice. If the claimant fails to file the form within 90 days after the date the
department mails the notice, the claimant is not entitled to relief under section
6 or 7 of this 2007 Act.
(4) The department shall review the claims in the order in which the
department receives the forms required under subsection (3) of this section. In
addition to reviewing the claim, the department shall review the department's
record on the claim, the form required under subsection (3) of this section, any
new material from the claimant and any other information required by
sections 5 to 22 of this 2007 Act to ensure that the requirements of this section
and section 6 or 7 of this 2007 Act are met. The department shall provide a copy
of the material submitted by the claimant to the county where the property is
located and consider written comments from the county that are timely filed
with the department. If the department determines that the only land use
regulations that restrict the claimant's use of the property are regulations that
were enacted by the county, the department shall transfer the claim to the
county where the property is located and the claim shall be processed by the
county in the same manner as prescribed by this section for the processing of
claims by the department. The county must consider any written comments
from the department that are timely filed with the county.
(5) If the claimant elects to obtain relief under section 7 of this 2007 Act, the
claimant must file an appraisal that establishes the reduction in the fair market
value of the property as required by section 7 (6) of this 2007 Act. The actual
and reasonable cost of preparing the claim, including the cost of the appraisal,
not to exceed $5,000, may be added to the calculation of the reduction in fair
market value under section 7 (6) of this 2007 Act. The appraisal must be filed
with the department or, if the claim is being processed by the county, with the
county within 180 days after the date the claimant files the election to obtain
relief under section 7 of this 2007 Act. A claimant that elects to obtain relief
under section 7 of this 2007 Act may change that election to obtain relief under
section 6 of this 2007 Act, but only if the claimant provides written notice of
the change on or before the date the appraisal is filed. If a county is processing
the claim, the county may impose a fee for the review of a claim under section
7 of this 2007 Act in an amount that does not exceed the actual and reasonable
cost of the review.
(6) The department or the county shall review claims as quickly as possible,
consistent with careful review of the claim. The department shall report to the
Joint Legislative Audit Committee on or before March 31, 2008, concerning the
department's progress and the counties' progress in completing review of
claims under sections 6 and 7 of this 2007 Act.
(7) The department's final order and a county's final decision on a claim under
section 6 or 7 of this 2007 Act must either deny the claim or approve the claim.
If the order or decision approves the claim, the order or decision must state the
number of home site approvals issued for the property and may contain other
terms that are necessary to ensure that the use of the property is lawful.
(Claims Relating to Property Within
Urban Growth Boundaries)
SECTION 9. (1) A claimant that filed a claim under ORS 197.352 on or before
the date of adjournment sine die of the 2007 regular session of the Seventy-
fourth Legislative Assembly for property located, in whole or in part, within
an urban growth boundary may establish one to 10 single-family dwellings on
the portion of the property located within the urban growth boundary.
(2) The number of single-family dwellings that may be established on the
portion of the property located within the urban growth boundary under this
section may not exceed the lesser of:
(a) The number of single-family dwellings described in a waiver issued by
Metro, a city or a county before the effective date of this 2007 Act or, if a
waiver was not issued, the number described in the claim filed with Metro, a
city or a county;
(b) 10, except that if there are existing dwellings on the property, the number
of single-family dwellings that may be established is reduced so that the
maximum number of dwellings, including existing dwellings located on the
property, does not exceed 10; or
(c) The number of single-family dwellings the total value of which represents
just compensation for the reduction in fair market value caused by the
enactment of one or more land use regulations that were the basis for the
claim, as set forth in subsection (6) of this section.
(3) If the number of single-family dwellings described in a waiver issued by
Metro, a city or a county before the effective date of this 2007 Act or, if a
waiver was not issued, the number described in the claim filed with Metro, a
city or a county is more than 10, the claimant may amend the claim to reduce
the number to no more than 10 by filing notice of the amendment with the
information required by section 10 of this 2007 Act.
(4) If multiple claims were filed for the same property, the number of single-
family dwellings that may be established for purposes of subsection (2)(a) of
this section is the number in the most recent waiver issued by Metro, a city or
a county before the effective date of this 2007 Act or, if a waiver was not
issued, the most recent claim filed with Metro, a city or a county, but not more
than 10 in any case.
(5) To qualify for the relief provided by this section, the claimant must have
filed a claim for the property with the city or county in which the property is
located. In addition, regardless of whether a waiver was issued by Metro, a city
or a county before the effective date of this 2007 Act, to qualify for relief under
this section, the claimant must establish that:
(a) The claimant is an owner of the property;
(b) All owners of the property have consented in writing to the claim;
(c) The property is located, in whole or in part, within an urban growth
boundary;
(d) On the claimant's acquisition date, the claimant lawfully was permitted to
establish at least the number of dwellings on the property that are authorized
under this section;
(e) The property is zoned for residential use;
(f) One or more land use regulations prohibit establishing the single-family
dwellings;
(g) The establishment of the single-family dwellings is not prohibited by a
land use regulation described in ORS 197.352 (3);
(h) The land use regulation described in paragraph (f) of this subsection was
enacted after the date the property, or any portion of the property, was brought
into the urban growth boundary;
(i) If the property is located within the boundaries of Metro, the land use
regulation that is the basis for the claim was enacted after the date the property
was included within the boundaries of Metro;
(j) If the property is located within a city, the land use regulation that is the
basis for the claim was enacted after the date the property was annexed to the
city; and
(k) The enactment of one or more land use regulations, other than land use
regulations described in ORS 197.352 (3), that are the basis of the claim caused
a reduction in the fair market value of the property, as determined under
subsection (6) of this section, that is equal to or greater than the fair market
value of the single-family dwellings that may be established on the property
under subsection (2) of this section.
(6) The reduction in the fair market value of the property caused by the
enactment of one or more land use regulations that were the basis for the claim
is equal to the decrease, if any, in the fair market value of the property from
the date that is one year before the enactment of the land use regulation to the
date that is one year after the enactment, plus interest. If the claim is based on
the enactment of more than one land use regulation enacted on different dates,
the reduction in the fair market value of the property caused by each
regulation shall be determined separately and the values added together to
calculate the total reduction in fair market value. The reduction in fair market
value shall be adjusted by any ad valorem property taxes not paid as a result of
any special assessment of the property under ORS 308A.050 to 308A.128,
321.257 to 321.390,321.700 to 321.754 or 321.805 to 321.855, plus interest, offset
by any severance taxes paid by the claimant and by any recapture of potential
additional tax liability that the claimant has paid or will pay for the property if
the property is disqualified from special assessment under ORS 308A.703.
Interest shall be computed under this subsection using the average interest
rate for a one-year United States Government Treasury Bill on December 31 of
each year of the period between the date the land use regulation was enacted
and the date the claim was filed, compounded annually on January 1 of each
year of the period.
(7) For the purposes of subsection (6) of this section, a claimant must provide
an appraisal showing the fair market value of the property one year before the
enactment of the land use regulation that was the basis for the claim and the
fair market value of the property one year after the enactment. The appraisal
also must show the fair market value of each single-family dwelling to which
the claimant is entitled under subsection (2) of this section, along with
evidence of any ad valorem property taxes not paid, any severance taxes paid
and any recapture of additional tax liability that the owner has paid or will pay
for the property if the property is disqualified from special assessment under
ORS 308A.703. The actual and reasonable cost of preparing the claim,
including the cost of the appraisal, not to exceed $5,000, may be added to the
calculation of the reduction in fair market value under section 7 (6) of this 2007
Act. The appraisal must:
(a) Be prepared by a person certified under ORS chapter 674 or a person
registered under ORS chapter 308;
(b) Comply with the Uniform Standards of Professional Appraisal Practice, as
authorized by the Financial Institutions Reform, Recovery, and Enforcement
Act of 1989; and
(c) Expressly determine the highest and best use of the property at the time the
land use regulation was enacted.
(8) Relief may not be granted under this section if the highest and best use of
the property was not residential use at the time the land use regulation was
enacted.
(9) When Metro, a city or a county has issued a final decision authorizing one
or more single-family dwellings under this section on the portion of the
property located within the urban growth boundary, the claimant may seek
other governmental authorizations required by law for that use, and a land use
regulation enacted by a public entity that has the effect of prohibiting the use
does not apply to the review of those authorizations, except as provided in
section 11 of this 2007 Act. If Metro is reviewing a claim for a property, and a
city or a county is reviewing a claim for the same property, Metro and the city
or county shall coordinate the review and decisions and may:
(a) Provide that one of the public entities be principally responsible for the
review; and
(b) Provide that the decision of each of the public entities is contingent on the
decision of the other public entity.
(10) The only types of land use that are authorized by this section are the
subdivision or partition of land for one or more single-family dwellings, or the
establishment of one or more single-family dwellings on land on which the
dwellings would not otherwise be allowed.
SECTION 10. (1) If Metro, a city or a county issued a waiver before the
effective date of this 2007 Act for property located, in whole or in part, within
an urban growth boundary, the public entity that issued the waiver must
review the claim, the record on the claim and the waiver to determine whether
the claimant is entitled to relief under section 9 of this 2007 Act. If the public
entity that issued the waiver lacks information needed to determine whether
the claimant is entitled to relief, the public entity shall issue a written request
to the claimant for the required information. The claimant must file the
required information within 90 days after receiving the request. If the claimant
does not file the information, the public entity shall review the claim based on
the information that is available. The public entity shall complete a tentative
review no later than 240 days after the effective date of this 2007 Act. The
public entity shall provide written notice to the claimant, the Department of
Land Conservation and Development and any other person entitled to notice
of the tentative determination as to whether the claimant qualifies for relief
under section 9 of this 2007 Act and, if so, the specific number of single-family
dwellings that the public entity proposes to authorize. The notice must state
that the recipient has 15 days to submit evidence or arguments in response to
the tentative determination, after which the public entity shall make a final
determination. A public entity shall make the final determination under this
subsection within 300 days after the effective date of this 2007 Act.
(2) If Metro, a city or a county has not made a final decision before the
effective date of this 2007 Act on a claim filed for property located, in whole or
in part, within an urban growth boundary, the public entity with which the
claim was filed shall send notice to the claimant within 90 days after the
effective date of this 2007 Act. The notice must:
(a) Explain that the claimant is entitled to seek relief under section 9 of this
2007 Act;
(b) Identify the information that the claimant must file; and
(c) Provide a form for the claimant's use.
(3) Within 120 days after the date the public entity mails notice under
subsection (2) of this section, a claimant must notify the public entity if the
claimant intends to continue the claim and must file the information required
in the notice. If the claimant fails to file the notice and required information
with the public entity within 120 days after the date the public entity mails the
notice, the claimant is not entitled to relief under section 9 of this 2007 Act.
(4) A public entity that receives a notice from a claimant under subsection (3)
of this section shall review the claim, the record on the claim, the notice
received from the claimant and the information required under subsection (3)
of this section to determine whether the claim demonstrates that the
requirements of section 9 of this 2007 Act are satisfied. The public entity shall
complete a tentative review no later than 120 days after receipt of the notice
from the claimant and shall provide written notice to the claimant, the
department and any other person entitled to notice of the tentative
determination as to whether the claimant qualifies for relief under section 9 of
this 2007 Act and, if so, the specific number of single-family dwellings that the
public entity proposes to authorize. The notice must state that the recipient has
15 days to submit evidence or arguments in response to the tentative
determination, after which the public entity shall make a final determination.
A public entity shall make the final determination under this subsection
within 180 days after receipt of the notice from the claimant.
(5) If a claimant filed a claim that is subject to this section after December 4,
2006, the claim must have included a copy of a final land use decision by the
city or county with land use jurisdiction over the property that denied an
application by the claimant for the residential use described in the claim. If the
claim was filed after December 4, 2006, and did not include a final land use
decision denying the residential use described in the claim, the claimant is not
entitled to relief under section 9 of this 2007 Act.
(Development Standards; Transferability)
SECTION 11. (1) A subdivision or partition of property, or the establishment
of a dwelling on property, authorized under sections 5 to 11 of this 2007 Act
must comply with all applicable standards governing the siting or
development of the dwelling, lot or parcel including, but not limited to, the
location, design, construction or size of the dwelling, lot or parcel. However,
the standards must not be applied in a manner that has the effect of
prohibiting the establishment of the dwelling, lot or parcel authorized under
sections 5 to 11 of this 2007 Act unless the standards are reasonably necessary
to avoid or abate a nuisance, to protect public health or safety or to carry out
federal law.
(2) Before beginning construction of any dwelling authorized under section 6
or 7 of this 2007 Act, the owner must comply with the requirements of ORS
215.293 if the property is in an exclusive farm use zone, a forest zone or a
mixed farm and forest zone.
(3)(a) A city or county may approve the creation of a lot or parcel to contain a
dwelling authorized under sections 5 to 11 of this 2007 Act. However, a new lot
or parcel located in an exclusive farm use zone, a forest zone or a mixed farm
and forest zone may not exceed:
(A) Two acres if the lot or parcel is located on high-value farmland, on high-
value forestland or on land within a ground water restricted area; or
(B) Five acres if the lot or parcel is not located on high-value farmland, on
high-value forestland or on land within a ground water restricted area.
(b) If the property is in an exclusive farm use zone, a forest zone or a mixed
farm and forest zone, the new lots or parcels created must be clustered so as to
maximize suitability of the remnant lot or parcel for farm or forest use.
(4) If an owner is authorized to subdivide or partition more than one property,
or to establish dwellings on more than one property, under sections 5 to 11 of
this 2007 Act and the properties are in an exclusive farm use zone, a forest zone
or a mixed farm and forest zone, the owner may cluster some or all of the
dwellings, lots or parcels on one of the properties if that property is less
suitable than the other properties for farm or forest use. If one of the
properties is zoned for residential use, the owner may cluster some or all of the
dwellings, lots or parcels that would have been located in an exclusive farm
use zone, a forest zone or a mixed farm and forest zone on the property zoned
for residential use.
(5) An owner is not eligible for more than 20 home site approvals under
sections 5 to 11 of this 2007 Act, regardless of how many properties that person
owns or how many claims that person has filed.
(6) An authorization to partition or subdivide the property, or to establish
dwellings on the property, granted under section 6, 7 or 9 of this 2007 Act runs
with the property and may be either transferred with the property or
encumbered by another person without affecting the authorization. There is
no time limit on when an authorization granted under section 6, 7 or 9 of this
2007 Act must be carried out, except that once the owner who obtained the
authorization conveys the property to a person other than the owner's spouse
or the trustee of a revocable trust in which the owner is the settlor, the
subsequent owner of the property must create the lots or parcels and establish
the dwellings authorized by a waiver under section 6, 7 or 9 of this 2007 Act
within 10 years of the conveyance. In addition:
(a) A lot or parcel lawfully created based on an authorization under section 6, 7
or 9 of this 2007 Act remains a discrete lot or parcel, unless the lot or parcel
lines are vacated or the lot or parcel is further divided, as provided by law; and
(b) A dwelling or other residential use of the property based on an
authorization under section 6, 7 or 9 of this 2007 Act is a permitted use and
may be established or continued by the claimant or a subsequent owner,
except that once the claimant conveys the property to a person other than the
claimant's spouse or the trustee of a revocable trust in which the claimant is
the settlor, the subsequent owner must establish the dwellings or other
residential use authorized under section 6, 7 or 9 of this 2007 Act within 10
years of the conveyance.
(7) When relief has been claimed under sections 5 to 11 of this 2007 Act:
(a) Additional relief is not due; and
(b) An additional claim may not be filed, compensation is not due and a
waiver may not be issued with regard to the property under sections 5 to 22 of
this 2007 Act or ORS 197.352 as in effect immediately before the effective date
of this 2007 Act, except with respect to a land use regulation enacted after
January 1, 2007.
(8) A person that is eligible to be a holder as defined in ORS 271.715 may
acquire the rights to carry out a use of land authorized under sections 5 to 11 of
this 2007 Act from a willing seller in the manner provided by ORS 271.715 to
271.795. Metro, cities and counties may enter into cooperative agreements
under ORS chapter 195 to establish a system for the purchase and sale of
severable development interests as described in ORS 94.531. A system
established under this subsection may provide for the transfer of severable
development interests between the jurisdictions of the public entities that are
parties to the agreement for the purpose of allowing development to occur in a
location that is different from the location in which the development interest
arises.
(9) If a claimant is an individual, the entitlement to prosecute the claim under
section 6, 7 or 9 of this 2007 Act and an authorization to use the property
provided by a waiver under section 6, 7 or 9 of this 2007 Act:
(a) Is not affected by the death of the claimant if the death occurs on or after
the effective date of this 2007 Act; and
(b) Passes to the person that acquires the property by devise or by operation of
law.
BALLOT MEASURE 37 CLAIMS MADE
AFTER THE DATE OF ADJOURNMENT SINE DIE
OF THE 2007 REGULAR SESSION OF THE
SEVENTY-FOURTH LEGISLATIVE ASSEMBLY
(Generally)
SECTION 12. (1) A person may file a claim for just compensation under
sections 12 to 14 of this 2007 Act and ORS 197.352 after the date of
adjournment sine die of the 2007 regular session of the Seventy-fourth
Legislative Assembly if:
(a) The person is an owner of the property and all owners of the property have
consented in writing to the filing of the claim;
(b) The person's desired use of the property is a residential use or a farming or
forest practice;
(c) The person's desired use of the property is restricted by one or more land
use regulations enacted after January 1, 2007; and
(d) The enactment of one or more land use regulations after January 1, 2007,
other than land use regulations described in ORS 197.352 (3), has reduced the
fair market value of the property.
(2) For purposes of subsection (1) of this section, the reduction in the fair
market value of the property caused by the enactment of one or more land use
regulations that are the basis for the claim is equal to the decrease, if any, in
the fair market value of the property from the date that is one year before the
enactment of the land use regulation to the date that is one year after the
enactment, plus interest. If the claim is based on the enactment of more than
one land use regulation enacted on different dates, the reduction in the fair
market value of the property caused by each regulation shall be determined
separately and the values added together to calculate the total reduction in fair
market value. Interest shall be computed under this subsection using the
average interest rate for a one-year United States Government Treasury Bill on
December 31 of each year of the period between the date the land use
regulation was enacted and the date the claim was filed, compounded
annually on January 1 of each year of the period. A claimant must provide an
appraisal showing the fair market value of the property one year before the
enactment of the land use regulation and the fair market value of the property
one year after the enactment. The actual and reasonable cost of preparing the
claim, including the cost of the appraisal, not to exceed $5,000, may be added to
the calculation of the reduction in fair market value under this subsection. The
appraisal must:
(a) Be prepared by a person certified under ORS chapter 674 or a person
registered under ORS chapter 308;
(b) Comply with the Uniform Standards of Professional Appraisal Practice, as
authorized by the Financial Institutions Reform, Recovery, and Enforcement
Act of 1989; and
(c) Expressly determine the highest and best use of the property at the time the
land use regulation was enacted.
(3) Relief may not be granted under this section if the highest and best use of
the property at the time the land use regulation was enacted was not the use
that was restricted by the land use regulation.
(4) If the claimant establishes that the requirements of subsection (1) of this
section are satisfied and the land use regulation was enacted by Metro, a city
or a county, the public entity must either:
(a) Compensate the claimant for the reduction in the fair market value of the
property; or
(b) Authorize the claimant to use the property without application of the land
use regulation to the extent necessary to offset the reduction in the fair market
value of the property.
(5) If the claimant establishes that the requirements of subsection (1) of this
section are satisfied and the land use regulation was enacted by state
government, as defined in ORS 174.111, the state agency that is responsible for
administering the statute, statewide land use planning goal or rule, or the
Oregon Department of Administrative Services if there is no state agency
responsible for administering the statute, goal or rule, must:
(a) Compensate the claimant for the reduction in the fair market value of the
property; or
(b) Authorize the claimant to use the property without application of the land
use regulation to the extent necessary to offset the reduction in the fair market
value of the property.
(6) A use authorized by this section has the legal status of a lawful
nonconforming use in the same manner as provided by ORS 215.130. The
claimant may carry out a use authorized by a public entity under this section
except that a public entity may waive only land use regulations that were
enacted by the public entity. When a use authorized by this section is lawfully
established, the use may be continued lawfully in the same manner as
provided by ORS 215.130.
(Procedures for Actions on New Claims)
SECTION 13. (1) A person filing a claim under section 12 of this 2007 Act shall
file the claim in the manner provided by this section. If the property for which
the claim is filed has more than one owner, the claim must be signed by all the
owners or the claim must include a signed statement of consent from each
owner. Only one claim for each property may be filed for each land use
regulation.
(2) A claim filed under section 12 of this 2007 Act must be filed with the public
entity that enacted the land use regulation that is the basis for the claim.
(3) Metro, cities, counties and the Department of Land Conservation and
Development may impose a fee for the review of a claim filed under section 12
of this 2007 Act in an amount not to exceed the actual and reasonable cost of
reviewing the claim.
(4) A person must file a claim under section 12 of this 2007 Act within five
years after the date the land use regulation was enacted.
(5) A public entity that receives a claim filed under section 12 of this 2007 Act
must issue a final determination on the claim within 180 days after the date the
claim is complete, as described in subsection (9) of this section.
(6) If a claim under section 12 of this 2007 Act is filed with state government, as
defined in ORS 174.111, the claim must be filed with the department. If the
claim is filed with Metro, a city or a county, the claim must be filed with the
chief administrative office of the public entity, or with an individual
designated by ordinance, resolution or order of the public entity.
(7) A claim filed under section 12 of this 2007 Act must be in writing and must
include:
(a) The name and address of each owner;
(b) The address, if any, and tax lot number, township, range and section of the
property;
(c) Evidence of the acquisition date of the claimant, including the instrument
conveying the property to the claimant and a report from a title company
identifying the person in which title is vested and the claimant's acquisition
date and describing exceptions and encumbrances to title that are of record;
(d) A citation to the land use regulation that the claimant believes is restricting
the claimant's desired use of the property that is adequate to allow the public
entity to identify the specific land use regulation that is the basis for the claim;
(e) A description of the specific use of the property that the claimant desires to
carry out but cannot because of the land use regulation; and
(f) An appraisal of the property that complies with section 12 (2) of this 2007
Act.
(8) A claim filed under section 12 of this 2007 Act must include the fee, if any,
imposed by the public entity with which the claim is filed pursuant to
subsection (3) of this section.
(9) The public entity shall review a claim filed under section 12 of this 2007 Act
to determine whether the claim complies with the requirements of sections 12
to 14 of this 2007 Act. If the claim is incomplete, the public entity shall notify
the claimant in writing of the information or fee that is missing within 60 days
after receiving the claim and allow the claimant to submit the missing
information or fee. The claim is complete when the public entity receives any
fee required by subsection (8) of this section and:
(a) The missing information;
(b) Part of the missing information and written notice from the claimant that
the remainder of the missing information will not be provided; or
(c) Written notice from the claimant that none of the missing information will
be provided.
(10) If a public entity does not notify a claimant within 60 days after a claim is
filed under section 12 of this 2007 Act that information or the fee is missing
from the claim, the claim is deemed complete when filed.
(11) A claim filed under section 12 of this 2007 Act is deemed withdrawn if the
public entity gives notice to the claimant under subsection (9) of this section
and the claimant does not comply with the requirements of subsection (9) of
this section.
SECTION 14. (1) A public entity that receives a complete claim as described in
section 13 of this 2007 Act shall provide notice of the claim at least 30 days
before a public hearing on the claim or, if there will not be a public hearing, at
least 30 days before the deadline for submission of written comments, to:
(a) All owners identified in the claim;
(b) All persons described in ORS 197.763 (2);
(c) The Department of Land Conservation and Development, unless the claim
was filed with the department;
(d) Metro, if the property is located within the urban growth boundary of
Metro;
(e) The county in which the property is located, unless the claim was filed with
the county; and
(f) The city, if the property is located within the urban growth boundary or
adopted urban planning area of the city.
(2) The notice required under subsection (1) of this section must describe the
claim and state:
(a) Whether a public hearing will be held on the claim, the date, time and
location of the hearing, if any, and the final date for submission of written
evidence and arguments relating to the claim;
(b) That judicial review of the final determination of a public entity on the
claim is limited to the written evidence and arguments submitted to the public
entity; and
(c) That judicial review is available only for issues that are raised with
sufficient specificity to afford the public entity an opportunity to respond.
(3) Except as provided in subsection (4) of this section, written evidence and
arguments in proceedings on the claim must be submitted to the public entity
not later than:
(a) The close of the final public hearing on the claim; or
(b) If a public hearing is not held, the date that is specified by the public entity
in the notice required under subsection (1) of this section.
(4) The claimant may request additional time to submit written evidence and
arguments in response to testimony or submittals. The request must be made
before the close of testimony or the deadline for submission of written
evidence and arguments.
(5) A public entity shall make the record on review of a claim, including any
staff reports, available to the public before the close of the record as described
in subsections (3) and (4) of this section.
(6) A public entity shall mail a copy of the final determination to the claimant
and to any person who submitted written evidence or arguments before the
close of the record. The public entity shall forward to the county, and the
county shall record, a memorandum of the final determination in the deed
records of the county in which the property is located.
SECTION 15. In addition to any other notice required by law, a county must
give notice of a Measure 37 permit for property located entirely outside an
urban growth boundary to:
(1) The county assessor for the county in which the property is located;
(2) A district or municipality that supplies water for domestic, municipal or
irrigation uses and has a place of use or well located within one-half mile of
the property; and
(3) The Department of Land Conservation and Development, the State
Department of Agriculture, the Water Resources Department and the State
Forestry Department.
JUDICIAL REVIEW
SECTION 16. (1) A person that is adversely affected by a final determination
of a public entity under sections 5 to 11 or 12 to 14 of this 2007 Act may obtain
judicial review of that determination under ORS 34.010 to 34.100, if the
determination is made by Metro, a city or a county, or under ORS 183.484, if
the determination is one of a state agency. Proceedings for review of a state
agency determination under sections 5 to 11 or 12 to 14 of this 2007 Act must be
commenced in the county in which the affected property is located. Upon
motion of any party to the proceedings, the proceedings may be transferred to
any other county with jurisdiction under ORS 183.484 in the manner provided
by law for change of venue. A determination by a public entity under sections
5 to 11 or 12 to 14 of this 2007 Act is not a land use decision.
(2) A person is adversely affected under subsection (1) of this section if the
person:
(a) Is an owner of the property that is the subject of the final determination; or
(b) Is a person who timely submitted written evidence, arguments or
comments to a public entity concerning the determination.
(3) Notwithstanding subsection (1) of this section, judicial review of a final
determination under sections 5 to 11 or 12 to 14 of this 2007 Act or ORS 197.352
is:
(a) Limited to the evidence in the record of the public entity at the time of its
final determination.
(b) Available only for issues that are raised before the public entity with
sufficient specificity to afford the public entity an opportunity to respond.
OMBUDSMAN
SECTION 17. (1) The Governor shall appoint an individual to serve, at the
pleasure of the Governor, as the Compensation and Conservation
Ombudsman.
(2) The ombudsman must be an individual of recognized judgment,
objectivity and integrity who is qualified by training and experience to:
(a) Analyze problems of land use planning, real property law and real property
valuation; and
(b) Facilitate resolution of complex disputes.
SECTION 18. (1) For the purpose of helping to ensure that a claim is complete,
as described in section 13 of this 2007 Act, the Compensation and Conservation
Ombudsman may review a proposed claim if the review is requested by a
claimant that intends to file a claim under sections 12 to 14 of this 2007 Act and
ORS 197.352.
(2) At the request of the claimant or the public entity reviewing a claim, the
ombudsman may facilitate resolution of issues involving a claim under
sections 5 to 22 of this 2007 Act.
MISCELLANEOUS
SECTION 19. (1) If an owner submits an application for a comprehensive plan
or zoning amendment, or submits an application for an amendment to the
Metro urban growth boundary, and Metro, a city or a county approves the
amendment, the owner is not entitled to relief under sections 5 to 22 of this
2007 Act with respect to a land use regulation enacted before the date the
application was filed.
(2) If an owner files a petition to initiate annexation to a city and the city or
boundary commission approves the petition, the owner is not entitled to relief
under sections 5 to 22 of this 2007 Act with respect to a land use regulation
enacted before the date the petition was filed.
SECTION 20. An appraiser certified under ORS 674.310 or a person registered
under ORS chapter 308 may carry out the appraisals required by sections 5 to
22 of this 2007 Act. The Department of Land Conservation and Development is
authorized to retain persons to review the appraisals.
SECTION 21. (1) Except as provided in this section, a claimant's acquisition
date is the date the claimant became the owner of the property as shown in the
deed records of the county in which the property is located. If there is more
than one claimant for the same property under the same claim and the
claimants have different acquisition dates, the acquisition date is the earliest
of those dates.
(2) If the claimant is the surviving spouse of a person who was an owner of the
property in fee title, the claimant's acquisition date is the date the claimant
was married to the deceased spouse or the date the spouse acquired the
property, whichever is later. A claimant or a surviving spouse may disclaim
the relief provided under sections 5 to 22 of this 2007 Act by using the
procedure provided in ORS 105.623 to 105.649.
(3) If a claimant conveyed the property to another person and reacquired the
property, whether by foreclosure or otherwise, the claimant's acquisition date
is the date the claimant reacquired ownership of the property.
(4) A default judgment entered after December 2, 2004, does not alter a
claimant's acquisition date unless the claimant's acquisition date is after
December 2, 2004.
SECTION 21a. For the purposes of sections 5 to 22 of this 2007 Act, a document
is filed on the date the document is received by the public entity.
SECTION 21b. For the purposes of sections 5 to 22 of this 2007 Act, the fair
market value of property is the amount of money, in cash, that the property
would bring if the property was offered for sale by a person who desires to
sell the property but is not obligated to sell the property, and if the property
was bought by a person who was willing to buy the property but not obligated
to buy the property. The fair market value is the actual value of property, with
all of the property's adaptations to general and special purposes. The fair
market value of property does not include any prospective value, speculative
value or possible value based upon future expenditures and improvements.
SECTION 21c. If any part of sections 5 to 22 of this 2007 Act is held to be
unconstitutional or otherwise invalid, all remaining parts of sections 5 to 22 of
this 2007 Act shall not be affected by the holding and shall remain in full force
and effect.
SECTION 22. (1) The Compensation and Conservation Fund is established in
the State Treasury, separate and distinct from the General Fund. Interest
earned on moneys in the Compensation and Conservation Fund shall be
credited to the fund. The fund consists of moneys received by the Department
of Land Conservation and Development under sections 5 to 22 of this 2007 Act
and other moneys available to the department for the purpose described in
subsection (2) of this section.
(2) Moneys in the fund are continuously appropriated to the department for
the purpose of paying expenses incurred to review claims under sections 5 to
22 of this 2007 Act and for the purpose of paying the expenses of the
Compensation and Conservation Ombudsman appointed under section 17 of
this 2007 Act.
CONFORMING AMENDMENTS
SECTION 23. ORS 93.040 is amended to read:
93.040. (1) The following statement shall be included in the body of an
instrument transferring or contracting to transfer fee title to real property except
for owner's sale agreements or earnest money receipts, or both, as provided in
subsection (2) of this section: "BEFORE SIGNING OR ACCEPTING THIS
INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE
ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER [ORS 197.352] SECTIONS 2,
3 AND 5 TO 22 OF THIS 2007 ACT. THIS INSTRUMENT DOES NOT ALLOW
USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION
OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING
OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE
TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR
COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES, TO
DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST
PRACTICES AS DEFINED IN ORS 30.930 AND TO INQUIRE ABOUT THE
RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER [ORS
197.352] SECTIONS 2, 3 AND 5 TO 22 OF THIS 2007 ACT."
(2) In all owner's sale agreements and earnest money receipts, there shall be
included in the body of the instrument the following statement: "THE
PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A
FIRE PROTECTION DISTRICT PROTECTING STRUCTURES. THE PROPERTY
IS SUBJECT TO LAND USE LAWS AND REGULA TIONS THAT, IN FARM OR
FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF A
RESIDENCE AND THAT LIMIT LAWSUITS AGAINST FARMING OR FOREST
PRACTICES AS DEFINED IN ORS 30.930 IN ALL ZONES. BEFORE SIGNING
OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE
TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER
[ORS 197.352] SECTIONS 2, 3 AND 5 TO 22 OF THIS 2007 ACT. BEFORE
SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING
FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE
CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES,
THE EXISTENCE OF FIRE PROTECTION FOR STRUCTURES AND THE
RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER [ORS
197.352] SECTIONS 2, 3 AND 5 TO 22 OF THIS 2007 ACT."
(3) In all owners' sale agreements and earnest money receipts subject to ORS
358.505, there shall be included in the body of the instrument or by addendum
the following statement: "THE PROPERTY DESCRIBED IN THIS INSTRUMENT
IS SUBJECT TO SPECIAL ASSESSMENT UNDER ORS 358.505. ORS 358.515
REQUIRES NOTIFICATION TO THE STATE HISTORIC PRESERVATION
OFFICER OF SALE OR TRANSFER OF THIS PROPERTY."
(4) An action may not be maintained against the county recording officer for
recording an instrument that does not contain the statement required in
subsection (1) or (2) of this section.
(5) An action may not be maintained against any person for failure to include in
the instrument the statement required in subsection (1) or (2) of this section, or
for recording an instrument that does not contain the statement required in
subsection (1) or (2) of this section, unless the person acquiring or agreeing to
acquire fee title to the real property would not have executed or accepted the
instrument but for the absence in the instrument of the statement required by
subsection (1) or (2) of this section. An action may not be maintained by the
person acquiring or agreeing to acquire fee title to the real property against any
person other than the person transferring or contracting to transfer fee title to the
real property.
SECTION 24. The unit captions used in this 2007 Act are provided only for the
convenience of the reader and do not become part of the statutory law of this
state or express a legislative intent in the enactment of this 2007 Act.
SECTION 25. This 2007 Act shall be submitted to the people for their approval
or rejection at a special election held throughout this state as provided in
chapter , Oregon Laws 2007 (Enrolled House Bill 2083).
Page 1
1 of 1 DOCUMENT
OREGON REVISED STATUTES
*** THIS DOCUMENT IS CURRENT THROUGH THE 2005 REGULAR SESSION OF THE 73RD LEGISLATIVE
ASSEMBLY ***
*** ANNOTATIONS CURRENT THROUGH OCTOBER 31,2007 ***
TITLE 10. PROPERTY RIGHTS AND TRANSACTIONS
CHAPTER 94. REAL PROPERTY DEVELOPMENT
TRANSFERABLE DEVELOPMENT CREDITS
GO TO OREGON REVISED STATUTES ARCHIVE DIRECTORY
ORS 994.531 (2005)
94.531. Severable development interest in real property; transferable development credit.
(1) The governing body of a city or county is authorized to recognize a severable development interest in real prop-
erty. The governing body of the city or county may establish a system for the purchase and sale of development inter-
ests. The interest transferred shall be known as a transferable development credit. A transferable development credit
shall include the ability to establish in a location in the city or county a specified amount of residential or nonresidential
development that is different from development types or exceeds development limitations provided in the applicable
land use regulations for the location. All development authorized or approved using transferable development credits
shall comply with the land use planning goals adopted under ORS 197.225 and the acknowledged comprehensive plan.
(2) The ability to develop land from which credits are transferred shall be reduced by the amount of the develop-
ment credits transferred, and development on the land to which credits are transferred may be increased in accordance
with a transfer system formally adopted by the governing body of the city or county.
(3) The holder of a recorded mortgage encumbering land from which credits are transferred shall be given prior
written notice of the proposed conveyance by the record owner of the property and must consent to the conveyance be-
fore any development credits may be transferred from the property.
(4) A city or county with a transferable development credit system shall maintain a registry of all lots or parcels
from which credits have been transferred, the lots or parcels to which credits have been transferred and the allowable
development level for each lot or parcel following transfer.
(5) A city or county, or an elected official, appointed official, employee or agent of a city or county, shall not be
found liable for damages resulting from any error made in:
(a) Allowing the use ofa transferable development credit that complies with an adopted transferable development
credit system and the acknowledged comprehensive plan; or
(b) Maintaining the registry required under subsection (4) of this section.
HISTORY: 1999 c.573 S 1
NOTES:
94.531 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 94
or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.