HomeMy WebLinkAbout2008-0304 Council Mtg PACKET
CITY OF
ASHLAND
Iml:>odant: Any citizen may orally address the Council on non-agenda items during the Public Forum. Any citizen may submit
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AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
March 4, 2008
Council Chambers
1175 E. Main Street
6:30 p.m. Executive Session - to consult with legal council regarding pending litigation
pursuant to ORS 192.660(2)(h)
7:00 p.m. Regular Meeting
I. CAll TO ORDER
II. PLEDGE OF AllEGIANCE
III. ROll CAll
IV. MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES
V. SHOULD THE COUNCil APPROVE THE MINUTES OF THESE MEETINGS?
[5 minutes}
1. Executive Session of February 12, 2008
2. Executive Session of February 19, 2008
3, Regular Council of February 19, 2008
VI. SPECIAL PRESENTATIONS & AWARDS
1. Mayor's Proclamation of International Women's Day
2. RVCOG Annual Presentation
VII. CONSENT AGENDA [5 minutes]
1. Does the Council accept the Minutes of Boards, Commissions, and Committees?
2. Should Council reset the date of the continued SDC appeal hearing from March 4, 2008 to
March 18, 2008 and notify the appellant of the revised date?
3. Should the Council approve the revised First Amendment to the Development and Security
Agreement between City of Ashland, Craig Bramscher and Brammo Motorsports, LLC?
4. Will the Council approve Amendment 1, Addition of Phase II Transit Review and Update in the
amount of $41,260 to the HDR Contract for the Transportation System Plan (TSP) Update?
5. Will the Council, acting as the Local Contract Review Board, consent to enter into a public
contract with Health Future for Third Party Administrative Services for Worker's
Compensation?
6. Will the Council approve the first amendment of the contract with Harrang Long, et aI., for
legal representation through the July 2008 trial for the City in the MAA v. City of Ashland case,
in the amount of $160,000?
7. Does the Council wish to approve a Liquor License Application from Helena Darling dba
Helena Darling Catering LLC at 1000 Benson Way #103?
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VIII. PUBLIC HEARINGS (Testimony limited to 5 minutes per speaker, unless it is the subject of a
Land Use Appeal. All hearings must conclude by 9:00 p.m., be continued to a subsequent
meeting, or be extended to 9:30 p.m. by a two-thirds vote of council {AMC ~2.04.040})
1. Will Council approve the FY09 Capital Improvement Program (CIP) project list, the FY09
equipment purchases including replacements with hybrid vehicles and conceptually approve
the overall FY09-14 CIP program?
IX. PUBLIC FORUM Business from the audience not included on the agenda. (Total time allowed for
Public Forum is 15 minutes. Speakers are limited to 5 minutes or less, depending on the number
of individuals wishing to speak.) [15 minutes maximum]
X. UNFINISHED BUSINESS
None.
XI. NEW AND MISCELLANEOUS BUSINESS
1. Does the Council want to authorize a contract with Batzer Construction for $298,344.00 to
enclose the existing covered storage electric building located at the 90 N. Mountain Ave.
complex?
2. Does Council have feedback and direction about the current use of the Rogue Valley
Transportation District (RVTD fixed route bus system and the Valley Lift program within
Ashland and staff's budget recommendations for transit funding for FY 2008-09?
XII. ORDINANCES. RESOLUTIONS AND CONTRACTS
1. Does the Council wish to approve first reading of a proposed ordinance to revise AMC
Chapter 2.12, which governs the Planning Commission?
2. Should the Council conduct first reading of an Ordinance titled, "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 multi-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 contraints, general regulations,
site design review, partitions, performance standards option, parking, signage, procedures
and enforcement, providing also for corrections to and adoption of official maps, including
zoing and overlay maps in digital format"?
XIII. OTHER BUSINESS FROM COUNCIL MEMBERSIREPORTS FROM COUNCIL LIAISONS
1 . Does the Council wish to invite Mount Ashland Association and the Oregon Department of
Environmental Quality to make a presentation about the performance and regulations
related to the wastewater treatment plant at the Mount Ashland Ski Area?
XIV. ADJOURNMENT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this
meeting, please contact the City Administrator's office at (541) 488-6002 (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).
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ASHLAND CfTY COUNCIL lv/EETlNG
FEBRUAR Y /9, 1008
PAGE f of7
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
February 19, 2008
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, Navickas, Hartzell, Jackson, Silbiger and Chapman were present.
MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES
Mayor Morrison announced that this is the annual appointment period and the deadline for citizens to apply to
a City commission, committee or board is March 11, 2008.
SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?
The Study Session minutes of February 4,2008, Special Meeting minutes of February 4,2008 and Regular
Council Meeting minutes of February 5,2008 were approved as presented.
ELECTION OF COUNCIL PRESIDENT
Councilor Hartzell/Hardesty m/s to elect Councilor Chapman as 2008 Council President. Voice Vote:
all AYES. Motion passed 6-0.
SPECIAL PRESENTATIONS & AWARDS
1. Mayor's Proclamation of Peace Corps Week.
Proclamation was read aloud by Councilor Hardesty.
2. Mayor's Proclamation of Rotary Day.
Proclamation was read aloud by Mayor Morrison. The Ashland Rotary Club and Lithia Springs Rotary Club
expressed their appreciation for this recognition.
3. Presentation by the Housing Commission.
Housing Commission Chair William Smith and commissioners Regina Ayars (member for 1 year), Richard
Billin (member for 1 year), Graham Lewis (member for 5 months), and Aaron Benjamin (member for 2 years)
addressed the Council. Mr. Lewis presented the commission's goals as the following: 1) Work collaboratively
with the Council to identify land owned by the City to accommodate housing for City employees, 2) Establish
a Housing Trust Fund, and 3) Review and complete ordinance amendments for zoning and annexation
changes for workforce and affordable housing. A brief explanation was provided on the Housing Trust Fund
as well as projects completed by the commission.
5. Does the Council wish to adopt a resolution in support of SB 1073?
Councilor Hartzell briefed the Council on the background of SB 1073. She requested Recital F in the
proposed resolution be amended to read, "Ashland is a partner in the Jackson County Task Force developing
a 10- Year Plan to end chronic homelessness and we are also a member of the Housing Alliance. "
Councilor Jackson/Hartzell m/s to approve Resolution #2008-04 with the addition of the housing
alliance language outlined by Councilor Hartzell. DISCUSSION: Comment was made that the $2 million
to seed a revolving loan fund was most important and the $750,000 to develop strategies was not as critical.
Suggestion was made for copies of this resolution to be sent to the State legislators. Voice Vote: all A YES.
Motion passed 6-0.
ASHLAND CiTY COUNCIL MEET/NG
FEBRUARY /9, ]008
PAGE 2 of7
6. Does the Council have any questions for the Oregon Department of Transportation about the
proposed Siskiyou Visitor Information Center to be constructed off the northbound lanes of
Interstate 5 at mile point 12?
Interim Public Works Director Jim Olson stated that representatives of the Oregon Department of
Transportation (ODOT) Siskiyou Rest Area Development Team have been invited to give information on the
proposed 1-5 Visitors Information Center.
ODOT Representatives Art Anderson, Tim Fletcher, and Shirley Roberts addressed the Council.
Mr. Anderson explained the former Siskiyou Rest Area was closed in the 1990's mainly because of safety
problems and noted there were a few serious accidents that occurred, including one fatality. He stated since
that time there have been several attempts to get a new rest area and welcome center in this area.
Mr. Fletcher provided a description of the proposed rest area and visitors center. He commented on the
lighting and stated lights would be no taller than 30 ft. and would be directed downward. He also commented
on noise and stated this was evaluated and it was determined that any increase would be due to higher traffic
levels on the interstate and not the proposed facility. Mr. Fletcher clarified truck drivers would be directed to
the Port of Entry and there is a separate project to construct restroom facilities at that location.
Councilor Hardesty voiced her agreement with Mr. Fletcher's assessment of the noise and stated the
interaction of the tires and the interstate is the major source of noise and the starting and stopping of vehicles
was not a major concern.
Comment was made suggesting the facility use Dark Sky certified lighting.
Mr. Anderson commented on the facility's operating hours and explained the rest area portion would be open
24 hours and only closed for cleaning. Regarding the welcome center, he stated the Tourism and Travel
organizations would staff this portion of the facility and would likely have staff available during normal
business hours, however this may vary based on the time of year. Mr. Anderson noted a portion of the
welcome center would occupied by the Oregon State Police.
A sketch of the floor plan was reviewed and an artists rendering of the proposed structure was presented.
Clarification was made that the look out tower was included for architectural reason and individuals would
not be able to go to the top.
Mayor Morrison noted a letter was received from a citizen voicing concerns about vehicle acceleration and
deceleration and the noise of un-muffled compression brakes. Mr. Anderson provided an explanation of the
ramp profile and how vehicles would enter the interstate.
Ms. Roberts provided an update on where they are at in the planning process. She stated there is a hearing
scheduled for February 28, 2008 at 9 a.m. before the Jackson County Planning Commission and explained
after the County Planning Commission has reviewed the proposal it will go before the Board of County
Commissioners. She indicated they expect this process to be completed by early summer and clarified the
public will be able to provide comment at the hearing on February 28.
Ms. Roberts commented on the landscaping plan and noted that for security purposes, it is preferred to have a
more open site. She stated the trees included in the plan are ornamental in nature and would not have a lot of
foliage. She added putting trees along the highway right of way could be a hazard for vehicles. Ms. Roberts
clarified included trees behind the facility to shield the farm use area is a possibility. She acknowledged that
there are certain goals that need to be met and the design could change as it moves through the planning
ASHLAND CiTY COUNCiL A1EETlNG
FEBRUARY i9, ]OO,s
PAGE 3 of7
process.
Mr. Anderson listed several measures that will help to mitigate crime at the facility, including: 1) the presence
of an Oregon State police officer, 2) maintenance workers will patrol the site, 3) lighting will be placed to
ensure the facility is well lit, 4) fencing will be placed around the facility and an additional fence will be
placed to separate the staff parking area, 5) vegetation will be up off the ground, and 6) they are considering
the use of closed circuit television monitors.
Dan Folliard/l032 Oak Knoll Drive/Shared his concerns regarding the sewer system, the paving of wetlands,
decibel levels, compression brakes, and crime. He stated there are no other rest areas along Interstate 5 that are
as close to a residential neighborhood as the one being proposed. Mr. Folliard clarified the neighborhood
would be interested in a noise barrier.
William Smith/I131 Barrington CirdeN oiced concern with the safety of his neighborhood asked that this
issue be seriously considered. He added that he does not want this traffic in his neighborhood.
CONSENT AGENDA
1. Does the Council accept the Minutes of Boards, Commissions, and Committees?
2. Does the Council wish to allow a correction to the term limit expiration dates for Pam Marsh and
Michael Morris for the Planning Commission?
3. Does the Council wish to approve a Liquor License Application from Linda Goldfarb dba Paddy
Brannan's Irish Pub at 23 S. Second Street?
4. Does the Council wish to approve a Liquor License Application from Patrick Couchman dba
Siskiyou Pub LLC at 31 B Water Street?
5. Does the Council wish to approve a Liquor License Application from Steve Holt & Lynne Galligan
dba neighborhood Gourmet Partners, Inc at 115 E Main Street (Allyson's Kitchen)?
6. Does the Council wish to approve the sale and subsequent transfer/assignment of rights of Ashland
Home Net to Jim Teece and Dena Matthews as required by the CATV lease and the ISP contract?
Councilor Hardesty/Chapman m/s to approve Consent Agenda. Voice Vote: all AYES. Motion passed
6-0.
PUBLIC HEARINGS (None)
PUBLIC FORUM
Ambuja Rosen/Read statement from Ashland Police Chief Terry Holderness regarding the proposed animal
tethering ordinance.
UNFINISHED BUSINESS
1. Does the Council wish to enter into a memorandum of understanding with Jackson County and
Rogue Valley Transit District for a park and ride facility at the north entrance to Ashland?
Management Anaylist Ann Seltzer noted Paige Townsend with Rogue Valley Transportation District (RVTD)
and Dale Petrasek from Jackson County Roads & Parks were present to answer any questions Council may
have. Ms. Seltzer noted the information contained in the packet materials address the questions raised by
Council at their last meeting.
Mr. Petrasek clarified the tenn "un-economic remainder" and noted in this instance the un-economic remainder
is .6 acres. He also addressed the issue of the wellhead and stated if it is determined that there is a well on the
property they have several options, including: 1) replacing the well, 2) purchasing it outright, or 3) issuing a
permit for long term use and keeping it on the site.
ASHLAND CiTY COUNCIL MEETING
FEBRUARY /9. :l008
PAGE 4 of7
Ms. Seltzer provided clarification on what the City's financial responsibility would be. She indicated the
payments that RVTD would be making to the County for the long term lease would serve as the local match and
satisfy the FTA requirement. She added the City has allocated $30,000 for this project in the Capital
Improvement Plan.
Ms. Townsend commented on parking enforcement and stated permitted is one option that could be used. She
stated they may not need to enforce to this extent at the Park & Ride and noted they could address any problems
that arise in the future. Ms. Townsend acknowledged there may be some shared use, but does not think
overflow parking from the destination adjacent to this lot is an issue. She noted the Park and Ride lot may also
be used for farmers market or other RVTD events.
Comment was made expressing concern about whether this facility would be used. Ms. Seltzer clarified this
goal is listed in the City's Comprehensive Plan and noted the limited parking at Ashland Community Hospital,
Southern Oregon University, and the downtown area.
Gerry Lehrburger/1639 Jackson Road/Stated this intersection is prone to flooding and recommended a
community wide master plan and a timetable that takes into consideration the new bridge, the Park and Ride,
the proposed Lithia Springs Market Place, and the Wellsprings masterplan to address the drainage and flooding
issues. Mr. Lehrburger expressed concern with the piecemealing of this project and commented on the lack of
integration and coordination.
Jonnie Lieberman/277 Steinman Drive/Noted RVTD's indication of the Park and Ride as a "shared use
destination", requested Council consider the floodplain concerns, and asked that the land be return to Jackson
Wellsprings if the project cannot go forth on the proposed site.
City Administrator Martha Bennett clarified that although there is some money in the CIP, the actual cost of
the land and the project itself would be borne by Jackson County and RVTD, and this would not be a City
project.
Mayor Morrison questioned what would happen if the City did not sign the Memorandum of Understanding
and questioned whether this is a worthy project. Ms. Townsend stated that RVTD views this as the Ashland
Park and Ride. She noted that several locations were considered and she considers the proposed site a perfect
location for the Park and Ride. She clarified they are looking at a minimum of a 50 year lease and feels there
will be a great demand for this parking in the future. She stated if Council is not supportive of this project they
would likely look for another location. Mr. Petrasek stated that sooner or later the County will have to purchase
this property for the realignment of the bridge. He stated if Ashland drops out ofthe MOU, he does not know if
they would proceed with the Park and Ride.
Councilor Silbiger/Jackson mls to approve the Memorandum of Understanding between the City of
Ashland, Jackson County, and the Rogue Valley Transit District for a Park and Ride facility at the
north entrance to Ashland. DISCUSSION: Councilor Hardesty indicated she is having second thoughts
about this project. She expressed concern that they may be subsidizing a parking area for whomever ends up
developing this area and questioned the assertion that parking is limited in Ashland. Councilor Jackson stated
this project furthers the City's transit planning for the future and voiced support for the MOD. Councilor
Silbiger noted there are currently parking issues around the City and stated this parking facility would be
necessary in the upcoming years. Councilor Chapman voiced his opposition to the use of federal earmarks.
Council Navickas stated he supports the concept of public transit, but is skeptical of this project due to the lack
of communication with the property owner. Councilor Hartzell stated she would not support this project if it
results in imminent domain. She also questioned if a pervious surface could be used to help mitigate the
flooding problems in that area. Councilor Hardesty noted the MOU does not limit the expenditures to the City.
ASHLAND CiTY COUNCiL MEETiNG
FEBRUARY /9, ]008
PAGE 5 of7
Councilor Hardesty/Jackson mls to amend motion to place a $30,000 cap on the City's expenditures for
this project. DISCUSSION: Ms. Seltzer clarified this amount was based on the former Public Works
Director's estimate and was set aside for permitting. Roll Call Vote: Councilor Hartzell, Hardesty, Navickas,
Silbiger and Jackson, YES. Councilor Chapman, NO. Motion passed 5-1.
Roll Call Vote on Motion as amended: Councilor Hartzell, Hardesty, Silbiger and Jackson, YES.
Councilor Chapman and Navickas, NO. Motion passed 4-2.
NEW AND MISCELLANEOUS BUSINESS
1. Will the council select one of three respondents to the Request for Qualifications to develop five
units of affordable housing on the City Clay Creek Property, and direct staff to work with the
selected developer to complete the developer agreement, subdivision of the property, and
development of five affordable housing units?
Housing Program Specialist/Senior Planner Brandon Goldman presented th staff report. He explained the City
received three respondents to the Request for Qualifications to develop five affordable housing units on the
City's Clay Creek property and stated stated staff supports the Housing Commission's recommendation to
select the Rogue Valley Community Development Corporation as the developer for the site. Mr. Goldman
clarified the first step in the process is to select the developer, and that no project is being proposed at this time.
Mr. Goldman clarified the units would be targeted at individuals at 80% below the median income, and this
would be about $42,000 for a family of four. He noted R VCDC has outlined a time line that begins right away.
Councilor Jackson/Hartzell mls to accept the Housing Commission and staff's recommendation to
select the Rogue Valley Community Development Corporation. Roll Call Vote: Councilor Jackson,
Hartzell, Chapman, Navickas, Silbiger and Hardesty, YES. Motion passed 6-0.
UNFINISHED BUSINESS (Continued)
2. Does the Council want to authorize the sale of Clean Renewable Energy Bonds (CREB) use of a
Business Energy Tax Credit (BETC) pass thru and the construction of a 63.5kW solar electric
system at 90 N. Mountain Ave., Ashland, Oregon?
Electric Director Dick Wanderscheid presented the staff report on the sale of Clean Renewable Energy Bonds
(CREB) and provided a brief history of this project. He noted the work of the Solar Subcommittee and the
tentative selection of Advanced Energy Solutions to construct the Solar Pioneer II Project. Mr. Wanderscheid
stated the Subcommittee and staff are both recommending that the City enter into a contract with Advanced
Energy Systems to construct a 63.5kW solar electric generation system at the 90 N. Mountain complex, sell
clean renewable energy bonds to Bank of America, and work to finalize the Business Energy Tax Credit pass
thru with Bank of the Cascades to provide capital for the system.
Mr. Wanderscheid indicated there are funds in the Conservation Department's budget for this system. He
clarified staff currently has 66 individuals who want to be notified when the panels go on sale, but they do not
know for sure how many of the 363 panels will sell. He commented on a possible worst case scenario, and
stated ifno panels were sold, it would not have a significant impact on citizens (for a $100.00 electric bill, the
increase would be $0.21).
Mr. Wanderscheid briefly addressed the questions submitted by Councilor Hartzell and noted David Parker and
David Mathews with Advanced Energy Systems were present to answer any questions Council may have.
Mr. Parker commented on the projected efficiency increases in solar panels over the next 5-10 years and stated
the efficiency levels are increasing at a rate, at most, of .5% per year.
ASHLAND CiTY COUNCIL MEETING
FEBRUARY 19.2008
PAGE 60f7
Mr. Wanderscheid clarified the system would be guaranteed for 10 years. He noted that solar panels rarely fail;
however, they would likely need to replace one inverter at a cost of $5,000 in the next 20 years. Mr.
Wanderscheid noted that BPA has offered the City the full marketing ability of their department to help the
City develop its marketing campaign and indicated the plan is to move quickly with this project.
Mr. Wanderscheid clarified the $11,000 permit fee would come out of the Conservation Department's budget.
Councilor Navickas/Jackson m/s to direct staff to sell the CREB's to Bank of America, enter into a
contract with Advanced Energy Systems for system construction, work with the Bank of the Cascades
on BETC pass thru, and begin working on marketing and promotional activities. DISCUSSION:
Councilor Jackson offered her perspective on this project and voiced her support for moving forward.
Councilor Silbiger expressed concern with building the project up front and not knowing how many panels
they will sell. Councilor Chapman provided his input on this project. He stated he would have preferred for
the shares to be pre-sold to reduce the risk, but stated he would support this project. Mr. Parker commented on
the sale of the BETC credit, and stated there is a chance that the credit amount could drop if a decision on this
issue is delayed to a subsequent meeting. Councilor Hardesty recommended a tremendous marketing effort if
this project is approved. Roll Call Vote: Councilor Navickas, Jackson, Hardesty and Hartzell, YES.
Councilor Chapman and Silbiger, NO. Motion passed 4-2.
NEW AND MISCELLANEOUS BUSINESS (Continued)
2. Does the Council have any feedback for staff about the proposed selection/ interview process for
the Public Works Director?
City Administrator Martha Bennett noted a conflict with the interview dates listed in the Council
Communication. She stated the interview process would likely be moved to either March 17-18 or March 20-
21.
ORDINANCES. RESOLUTIONS AND CONTRACTS
1. Does the Council approve first reading of an Ordinance titled, "An Ordinance amending Chapter
18 of the Ashland Municipal Code, for Revisions to Measure 37 Claims Ordinance to address the
adoption of Measure 49"?
Councilor Jackson/Hartzell mls to approve Ordinance #2948. Roll Call Vote: Councilor Chapman,
Silbiger, Hartzell, Jackson and Hardesty, YES. Councilor Navickas, NO. Motion passed 5-1.
2. Should the Council conduct first reading of an Ordinance titled, "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 multi-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 contraints, general regulations, site design review,
partitions, performance standards option, parking, sign age, procedures and enforcement, providing
also for corrections to and adoption of official maps, including zoning and overlay maps in digital
format"?
Item delayed due to time constraints.
ASHLAND CITY COUNCiL MEETING
FEBRUARY 19, ]008
PAGE 7of7
OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
1. Does the Council wish to invite Mount Ashland Association and the Oregon Department of
Environmental Quality to make a presentation about the performance and regulations related to
the wastewater treatment plant at the Mount Ashland Ski Area?
Item delayed due to time constraints,
ADJOURNMENT
Meeting adjourned at 10:30 p.rn.
Barbara Christensen, City Recorder
John W. Morrison, Mayor
ASHLAND AIRPORT COMMISSION
January 8, 2008
MINUTES
MEMBERS PRESENT: RICHARD HENDRICKSON, BOB SKINNER, RUSS SILBIGER, LINCOLN ZEVE,
DAVID WOLSKE, ALAN DEBOER, GOA LOBAUGH, TOM BRADLEY, BRITANY WISE
STAFF: DAWN LAMB
MEMBERS ABSENT: BILL SKILLMAN
Visitors:
1. CALL TO ORDER:
2. APPROV AL OF MINUTES:
3. Public Forum:
9:30 AM
November 6, 2007, minutes approved as written.
4. OLD BUSINESS:
A. Mead & Hunt Economic Impact Study - Final Draft
In last month's packet was the draft chapter on the Ashland Municipal Airport from the final draft of the
Oregon Airport Master plan and the Economic Impact Study. The commission did not relate any
discrepancies in the draft chapter. The approval and adoption of the document will take place at the next
Oregon Airport Board Meeting scheduled for January 24th. The adoption of the document will enact the
recommendations listed in the document. The draft recommends that the Ashland Airport be increased
from a Category 4 airport to a Category 3. There was concern over the requirements listed for a Category
3 airport, especially the runway length of 4000 feet. The other requirements are very close to being met if
not already met. The runway length is an obstacle for the Ashland Airport due to the terrain. After a
discussion with Kevin Mulcaster, Mead & Hunt, Lamb was told that the requirement is not one that will
be pursued by ODA. Ifthe opportunity ever arises that the airport was in a position to extend the extra
400 feet, it would be expected to take the opportunity.
The commission looked over the Oregon Aviation Plan 2007- Airport Role in Economy sheet to be
included in the Economic Study. The sheet shows the economic impact of the Ashland Airport on the
local and state level. The information gathered for this study included studies and surveys throughout the
community. Skinner felt the number of operations listed seemed correct, but the number of commercial
operations was not listed. Skinner will try to estimate the number of commercial operations. Lamb will
contact Mead & Hunt to receive a definition of the commercial operations.
Skinner had a further conversation with Larry Weber, ODA to discuss the addition of a W AAS system for
the airport. The GPS system is one of the requirements for a Category 3 that could be added without a
great expense to the airport. The minimum elevations for the approach could be fairly low which would
benefit pilot operations. Safety for incoming pilots would increase drastically. The obstructions and
terrain encroaching on the approach would be what would set the elevation. Skinner will research the
estimated cost for the elevation survey to decide whether to apply for one ofthe ODA grants.
B. Noise Sensitive Area Map & SuperA WOS Advertisement Draft for Review
Wise will send recent aerial pictures of the airport to Lamb to consider for inclusion on the map. The
wording was reviewed and changes were requested. The wording will be updated and dropped on a map
for the next meeting. The inclusion of commercial operations; Burl Brim Aviation, Sky Research and
Skinner Aviation websites should be added to the brochure.
C. Ben Lindner Development - No Update
D. Burl Brim Development - No Update
C:\DOCUME-1\shipletd\LOCALS-1\Temp\January 8 08 AC.doc
1
E. Strategic Plan Assignments
1. Zoning ordinance - no update.
4. NEW BUSINESS:
A. Lease Development Memo
Lamb has discussed the lease developments with both Jim Olson and Richard Appicello. Appicello
agreed to contract with an outside attorney as soon as Lamb supplies him with a scope of work. The
scope will include the leases with Ben Lindner, Skinner Aviation and Burl Brim Aviation. The timeframe
is set for completion by the end of June.
B. Merle Mills Lease Discussion
Merle Mills passed away on Christmas Day. The family has requested to continue the lease to house the
aircraft. The lease was originally signed in 1988 and is one of the open hangars. DeBoer motioned to
transfer the Merle Mills rental agreement to his son and successor Kirby Mills on a newer version of the
rental agreement for hangar number 6. Seconded by Wolske and the vote passed unanimously.
C. Siskiyou Rest Area
Skinner received notice from Jackson County Planning regarding the proposal for the Siskiyou Rest Area
along the northern route of 1-5. The rest area has been in consideration for many years and is finally at a
stage for development. Lamb has seen preliminary engineering and site designs on the project and
brought up two concerns with the architect. One being the height of the buildings and accessories and the
second being the type oflighting used to illuminate the site. Lamb should receive a form from the
County for comments from the City and will include the concerns.
DeBoer motioned to send a letter of support from the Airport Commission for the development of the
Siskiyou Rest Area. Bradley seconded the motion and the motion passed unanimously.
5. AIRPORT MANAGER REPORT/FBO REPORT/AIRPORT ASSOCIATION:
A. Status of Airport, Financial Report, Review of Safety Reports
Skinner reported no damage was incurred during the large windstorm that hit the City. He did not look
up the highest recorded wind speed. Skinner has also been left with an aircraft that has been in the tie
down area for months with no payment. The FBO can lien the plane to make the owner pay the fees.
Skinner is to get contact information on the owner.
Skinner is to research the cost for the final installation and skinning of the doors for the maintenance
hangar.
B. Maintenance Updates - Peters is working on the hangar numbers.
6. OTHER:
The meeting of the JC airport commission is the third Monday of the month at 12:00 PM.
7. NEXT MEETING DATE: February 5, 2008, 9:30 AM
ADJOURN: Meeting adjourned at 10:30 AM
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2
Bicycle & Pedestrian Commission
January 17th, 2008 Regular Minutes
Council Liaison:
Staff:
Chair David Young, Vice Chair Julia Sommer, Tom Burnham
Steve Ryan, Mick Church, Matthew Seiler, Jim Olney
David Chapman
Derek Severson, Associate Planner
Steve McLennan, Police Officer
RVTD liaisons: Steve Maluk, TDM Planner (absent)
High school liaison: Vacant
SOU liaison: Vacant
Roll Call:
Call to Order
Chair Young called the meeting to order at 5: 15 p.m.
Approval of Minutes - December 20th, 2007
Sommer suggested that the reference to "special needs students" be removed from the Bellview
School hearing notes, indicating that she didn't recall them being mentioned. There was
agreement by those present that this hadn't been part of the discussion, and it was recommended
that staff remove the reference. The minutes were approved as amended by general consensus.
Public Forum
Egon Dubois, Bicycle Safety Instructor for the Bicycle Transportation Alliance (BT A), inquired
whether commissioners were interested in meetings in the field at some point, to visit sites under
discussion, examine facilities, or just have a coffee ride. He also questioned the progress made
in forming a Transportation Commission.
Subcommittee & Liaison Reports
Car Free Day Subcommittee members noted that they had met to discuss continuing a Car Free
Day event and maintaining momentum. It was noted that members wanted to engage the
business community in some sort of bicycle commuting challenge, similar to what has been done
by the BT A in Portland, with a competition between larger local employer commuter teams,
miles and days commuted logged on-line, and those participating entered into a raffle for prizes.
It was noted that Car Free First Fridays were still being considered, and that there may be a blurb
included in the map put out by the gallery association to encourage car free participation, and
that it may be possible to use the double-decker bus to help promote this.
Car Free Living subcommittee members noted that they had discussed developing a "Top 10" list
of commission priorities for maintenance items to insure that the pressure is kept on until the
items are resolved. Subcommittee members also indicated that they had considered trying to
encourage the City Council to walk and bicycle, potentially through a letter from the
Commission or through the Commission's annual presentation to Council.
2008-0//7 Bike & Ped minutes
Page / of4
Young noted his efforts to promote the student liaison position through the "Griz-O-Gram" had
resulted in one inquiry. He indicated that he would follow up on the idea of approaching the
student government/leadership students. Ryan indicated that he could present something similar
at SOU, and fellow Commissioners suggested approaching ECOS, the Community Bike
Program, and the student government. Severson clarified that the student liaison positions are a
non-voting position, and require appointment by the Mayor.
Olney reported on the Jackson County Bicycle Advisory Commission's discussions of a bicycle
crossing for Barnett Road, noting that the current cost is $1.6 Million. Sommer noted that she
was no longer representing Ashland on the Metropolitan Planning Organization (MPO).
Young updated Commissioners on the Interchange Area Management Plan (lAMP) citizens'
advisory committee meetings, noting that the current proposal for Exit 14 calls for a three-lane
road with a left onto North Main, ten-foot wide shoulders and a sidewalk. He noted that both
directions ends would be signalized, that the shoulder would not be striped, and that the bike
lanes would cross the on-ramps. Members emphasized that there needed to be unimpeded
crossing of the on-ramps for bicycles and pedestrians, with designated lanes and controlled
crossings; members suggested that the proposal as described was inadequate.
OlneyIRyan m/s to authorize Chair Young to send a letter to this effect to John MacDonald
of ODOT by the comment deadline, which occurs before the next regular meeting of this
Commission. Voice vote: All AYES. Motion passed.
Young noted that Exit 19 was located within Jackson County jurisdiction and was seen as having
no connecting bicycle or pedestrian facilities. The plan proposes three lanes with stop signs and
no sidewalks, and a ten-foot shared shoulder. He noted that roundabouts had been discussed, and
while they were initially found to be not germane to the discussion they may be revisited. He
indicated that there was also discussion of closing one east/west lane of Ashland Lane until
future expansion in the vicinity occurs.
Election of Officers - Secretary
The roles and responsibilities of the secretary were discussed, and Olney indicated his
willingness to serve in this role.
Seiler/Church m/s to nominate Olney to serve as secretary. Discussion: No one else
expressed interest in the nomination. Severson noted that the other officers had been
elected in May of 2007, and Commissioners did not express an interest in appointing a new
Chair or Vice Chair. Voice vote: All AYES. Motion Passed.
Appointment of Representative - Croman Master Plan MeetinQs
Church indicated that he would be interested in attending the upcoming meeting and reporting
back. Seiler said that he may attend as well.
2008-0//7 Bike & Ped minutes
Page 2 oj 4
Follow Up Items
Severson briefly discussed the status of the Wheeldon memorial, noting that it had been
discussed at the Historic Commission where there were concerns that the conceptual drawing
was too rustic and heavy, and that it would be going to the Public Arts Commission on January
18th.
Severson noted that Jim Olson had responded to the list of ODOT grant items formulated last
month, and that he had indicated that ODOT would not consider items where the full right of
way was not already in place to complete the project. Severson added that Olson now believes
that the Laurel Street sidewalks are the best option, and that the prior grant application could be
modified to include a significant portion of the necessary bicycle and pedestrian improvements
to the railroad crossing at Laurel Street and resubmitted.
Severson noted that he had met initially with Interim Public Works Director Jim Olson, Assistant
City Engineer Karl Johnson, and Project Manager/City Engineer Paula Brown about the creation
of a Transportation Commission. Severson indicated that Brown was now looking into what
other cities have done and has taken the issues raised in the initial meeting to begin formulating
recommendations. Members suggested that examples from Boulder, Colorado and Eugene,
Oregon be considered.
Severson noted that he had anticipated having a Transportation System Plan (TSP) update
project list for Commission review tonight, but he explained that the initial project list had just
been received from the consultants today. He stated that in discussing the TSP update with
Public Works Staff, they suggested it might be best to have interested Commissioners attend the
public open house in the Siskiyou Room from 5:00 - 7:00 on January 30th.
Severson reported that Paula Brown would be checking with ODOT on the North Main fog line
installation request, and that he would report back if there was any new information.
Severson noted that in terms of the Oak Street discussion, he wanted to be clear that in terms of
that discussion, the Commission would not be the final decision making authority, and that this
item would likely wind up before the Council - with significant neighborhood opposition -
before a final decision is made.
Sommer indicated that nothing would ever be accomplished if the right decision was avoided
because it might be difficult. Church, Burnham, Sommer and Ryan all indicated that they were
in favor of pursuing Oak Street parking removal to install bike lanes. Young suggested that a
charette be held to bring neighbors in to pursue options for promoting safety while providing
connectivity. Severson noted that there could be issues with removing parking where on-street
parking credits have been used to meet the parking requirements for development which had
occurred along Oak Street, and that it would take considerable staff time just to research how
many lots this might affect. Young suggested that members could also take this item to Council
to see if they were willing to direct staff to explore the feasibility. After general discussion,
members suggested that Severson request time on the next Traffic Safety Commission agenda so
that this item could be brought up before Traffic Safety and it could be determined if they had
2008-0//7 Bike & Ped minutes
Page 3 of 4
ideas to solve the problem or an interest in finding solutions. Ryan indicated that he would
attend this meeting.
Car Free Dav/Car Free LivinQ
There was discussion of whether the event should be held on a Sunday or a Monday, or
somehow related to First Friday. It was also noted that there would be a tie-in to a bike
commuter challenge.
Young noted the need to challenge assumptions, and suggested that the Commission look to
creating a week-long event rather than a one-day carnival. He suggested that Commissioners not
be bound by the International Car Free Day date. There was discussion of seeking sponsorship
and participation from larger employers in the city including the City, Darex/Drill Doctor, OSF,
SOU, and the School District. It was suggested that the event could be the culmination of a week
of activities; members discussed possible incentives.
There was general consensus to conduct a weekend event with a commuter challenge week.
Severson asked that subcommittee members e-mail him future meeting dates and times so he
could cover the public noticing requirements. Ryan indicated that he would try to attend these
subcommittee meetings as well. Members questioned if Siskiyou Velo could be involved.
Jeff Boncheck arrived late for Public Forum, noted that he'd had two friends killed while
walking in the past five years. He indicated that a friend on a bike was in an accident earlier
today, and he just wanted to attend to find out what was going on with the Commission. He
noted his involvement with the Community Bike Program at SOU and reminded Commissioners
of the free bike clinic on Tuesdays at the bike barn.
AQenda Items for Next Month
Oak Street follow-up, and Car Free Day/Car Free Living.
Adiournment
The meeting was adjourned at 7:03 p.m.
UpcominQ MeetinQs:
Regular Meeting - February 21 S\ 2008 at 5:15 p.m.
2008-01/7 Bike & Ped minutes
Page 4 of 4
ASHLAND CONSERVATION COMMISSION
MINUTES
7 p.m. - January 23, 2007
Community Development Building
51 Winburn Way
CALL TO ORDER
The meeting was called to order by Russ Chapman, standing in for Chairperson.
Attendees:
Risa Buck, Russ Chapman, Stuart Corns, Ross Finney, Jim Hartman, Jim McGinnis, Tracy Harding,
And Kerry KenCairn.
City Council member and Chair: Dave Chapman, not present
Staff representative: Dick Wanderscheid
Chairperson Chapman welcomed new member: Kerry KenCairn and members took turns with introductions.
APPROVAL OF MINUTES
Acting Chairperson Chapman called for the approval of the minutes for November 28,2007.
Commissioner Corns made a motion to approve the minutes and Commissioner Hartman seconded the
motion.
Voice Vote: All Ayes. The motion passed with a unanimous vote.
PUBLIC FORUM
No one present to speak.
ASHLAND SANITARY & RECYCLING UPDATE
Commissioner Buck reported on the following items for Ashland Sanitary:
Recycling in 2007
Compact fluorescent light/tubes-3,200 pounds or 1.6 tons. Cost was $2,984.25
Nursery Plastics-4,280 pounds
Leaf Diversion-60k in 2006, 99k in 2007.
Bio diesel usage by Ashland Sanitary Trucks
Master Recycle Program
Oregon Green Schools
Twine Collection program
Multi-Family Recycling
Tour of Landfill/transfer station, Biomass, Dry Creek
Post Office/recycling bag in lobby
SOU capstone presentation to Sustainability Council
Demolition Rules
Plastic Bag recycling program
Commissioner Buck requested to put on the March Agenda Demolition Waste discussion.
OLD BUSINESS
July 4th Recycling Discussion
The Ashland Chamber of Commerce plans to meet in early February. Both Commissioners
McGinnis and Chapman plan to propose ideas for conservation/recycling at the 4th of July event.
They asked to put this item on the February Agenda to update the Commission.
Memo, Bottled Water
Dick Wanderscheid asked for direction with this memo regarding banning purchasing practices of
bottled water for the City of Ashland. The Commissioners requested Dick revise the memo's gray
areas, and would like to make a recommendation to the City Council to enact policy, after further
review. This item is to be placed on the next agenda.
Sponsorship for Solar Video-update
Dick Wanderscheid clarified that along with the Conservation Commission's contribution of $500.00
toward the production costs for this video, the Conservation Department also contributed $500.00.
The Commissioners requested a link on the City's web site to access this video.
Sub-Committee Reports
Education
There was a brief report regarding the annual Earth Day Event by Commissioners Chapman and
Buck.
Green Business
Dick Wanderscheid reported for Robbin Pearce that the Green Business now has 15 businesses
with 10 applications in the process. The Commissioners would like to see the City of Ashland
become a Green Business and there were a lot of discussions about how that could be
implemented.
Car sticker/Carbon offset Update-Jim Hartman
Commissioner Hartman passed out a flyer design that could be placed in the window of a vehicle
instead of an actual bumper sticker. The group discussed different ways to promote and restructure
parts of the flyer. The costs associated are smaller, and there were also suggestions of putting the
design on the City Web site where citizens could print them directly. He will bring back a final copy
at the next meeting.
NEW BUSINESS
2030 Challenge Targets adopted by California Energy Commission
Commissioner McGinnis discussed the possibility of the City adopting a similar approach as the targets
adopted by the California Energy Commission for potential energy efficient future buildings.
Goal Setting
The members went over potential goals and revisited last year's goals. The Commission asked Mr.
Wanderscheid to organize their discussion in a memo that could help finalize the 2008 goals.
Budget Items
COMMISSION ITEMS NOT ON AGENDA
Dick Wanderscheid asked for direction regarding the annual "thank-you ad" the Conservation Commission
and the Conservation Department place to recognize Adopt a Street, Green Business and Renewable
Pioneer participants. The Commissioners discussed placing the ad in different outlets.
Mr. Wanderscheid also reported to the Commission about the successful bid process regarding the Solar
Pioneer II Project. He would report back to the Commission the results of the City Sub-Committee meeting
scheduled for January 29th.
ANNOUNCEMENTS
Next Meeting is scheduled for February 27,2008.
ADJOURNMENT -
The meeting was adjourned at 9:10 p.m.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the
Community Development office at 541-488-5305 (TTY phone number is 1-800-735-2900). Notification 72 hours prior to the meeting will
enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1).
CITY OF
ASHLAND
r~'
ASHL
MEMBERS PRESENT: Carolyn Breece, Craig Gorson, Anthony Kerwin (Chair),
Jim Lewis, Ben Rice
Members Absent: Christopher Iverson, Dan Maymar
Staff Present: Nancy Slocum
Non-Voting Members Present:
Also Present: Marty Main
I. CALL TO ORDER: Chair Anthony Kerwin called the meeting to order at 5:33 PM in the
Siskiyou Room. The commission welcomed Carolyn Breece as the newest commissioner.
Everyone introduced themselves and the commission discussed its duties, responsibilities and
latest projects.
II. APPROVAL OF MINUTES: LewisIRice m/s to approve the minutes of November 13, 2007 as
submitted. Motion passed unanimously.
III. PUBLIC FORUM: None
IV. ADJUSTMENTS TO THE AGENDA: None
V. OLD BUSINESS
A. Winburn Parcel Management
Commission began reviewing working draft number three. Slocum had added two tables and maps
from Main's "A Silvicultural Overview and Analysis ofthe Winburn Parcel" (October 2005). She
also added the APRCA glossary. Commission decided to accept all current additions and revisions
to draft three adding Maymar's section of laminated root rot and Lewis' draft work on Cultural
Considerations. Main was currently working on Course Woody Material, Erosion and Riparian
Fisheries. Rice would contact Richard Brock and edit the Botany section. Breece would add
migratory song bird information to the Wildlife section and combine Main's and Kerwin's Fire
section. Slocum would add existing table that defines Cohorts 1, 2 and 3. Lewis would continue
working on Cultural Considerations. Gorson, Rice and Breece would review and comment on Part
II "Descriptions, Long Term Desired Conditions and Treatments.
All revisions were due to Slocum no later than December 3151 in order to have them incorporated
into working draft number four to be included in next month's commission packet.
VI. NEW BUSINESS: None
VII. COMMISSIONER COMMENTS: None
VII. ADJOURN: 7:30 PM
Anthony Kerwin, Chair
Respectfully Submitted, Nancy Slocum, Clerk
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ASHLAND FOREST LANDS COMMISSION MEETING
Page 1 of 1
MEMBERS PRESENT: Carolyn Breece, Craig Gorson, Christopher Iverson, Anthony Kerwin (Chair),
Dan Maymar, Ben Rice
Members Absent: Jim Lewis
Staff Present: Pieter Smeenk, Nancy Slocum, Keith Woodley
Non-Voting Members Present:
Also Present: Marty Main
I. CALL TO ORDER: Chair Anthony Kerwin called the meeting to order at 5:31 PM in the
Siskiyou Room.
II. APPROVAL OF MINUTES: Breece /Kerwin m/s to approve the minutes of December 11,2007
as submitted. Motion passed unanimously.
III. PUBLIC FORUM: None
IV. ADJUSTMENTS TO THE AGENDA: Iverson asked to add the BLM Western Oregon Plan
Revision (WOPR) and Transfer of AFR Funding to New Business.
V. NEW BUSINESS
A. BLM Western Oregon Plan Revision
Iverson reported on a couple of emails he received regarding WOPR. This draft environmental
impact statement has identified three action alternatives for managing approximately 2.6 million
acres of federal land (BLM). The BLM intends to revise six resource management plans with this
single draft environmental impact statement. The emails Iverson received stated that there will be
increased logging, clearcutting, construction of roads and the removal of riparian buffers as a result
of this plan revision. He wondered if the commission had any comment.
Main said that there were only 40 acres ofBLM land in the Ashland Watershed (around Hitt
Road). The BLM land burned in 1959 and has remained unmanaged. The 1997 flood contributed
to Forest Service land debris on city owned lands. In addition, the water from the flood initiated a
landslide on city land.
B. AFR Funding
Iverson received another email from "Grandmothers and Friends in Green" regarding an October
4, 2007 Tidings article regarding the potential pulling of money from AFR to fund the surveys
needed for the continuation of the Mt. Ashland Expansion. The commission had no comment on
this issue.
VI.
OLD BUSINESS
A. Winburn Parcel Management
Pieter Smeenk PE, associate Engineer, referenced a soon to be released Bear Creek upper
hydrology report that might help with the hydrology/soils section of the Winburn management
plan.
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ASHLAND FOREST LANDS COMMISSION MEETING
Page 1 of2
There was a discussion regarding large tree removal. Rice thought the commission should not be
limited in their large tree removal as long as it benefited the health of the parcel. Main agreed and
thought documentation and education was of utmost importance when removing large trees.
Main will rewrite the Soils and Hydrology section using stream flow data from Kerwin. He will
also rework the RiparianlFisheries section using more up to date studies. Kerwin will list the
features of old growth forests under the Large Trees section and decide if woodrats need to be
discussed under Wildlife. Carolyn will write some general objectives of broadcast burning and add
them to the end of the section. Kerwin will double-check the relevancy of the Insects section to
Winburn.
Breece thought a map of the entire watershed showing the Winburn parcel in context would be
helpful. Gorse added that a unit map at the beginning of each unit prescription would help as well.
Commission agreed and asked Slocum to work with the GIS Department.
All revisions were due to Slocum no later than Monday, February 4th in order to have them
incorporated into working draft number five to be included in next month's commission packet.
VII. NEW BUSINESS:
A. Review 2007 Goals - tabled.
VIII. COMMISSIONER COMMENTS: Gorson, a recently appointed commissioner, wondered if the
Commission regularly got through its agenda. He would have liked to talk about goals for 2008.
Kerwin noted that Winburn was the priority until the AFR FEIS is published. Slocum normally
sets the agenda with her best "guess" as to what the Commission will discuss, but as the
Commissions projects and goals are long term, there is no pressure to get through the agenda.
The Commission wondered if Linda Duffy had ever responded to their letter and comments on
mitigation, monitoring and implementation for AFR. Woodley said no. Commission asked Slocum
to email Duffy to get a status report.
IX. ADJOURN: 7:31 PM
Anthony Kerwin, Chair
Respectfully Submitted, Nancy Slocum, Clerk
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ASHLAND FOREST LANDS COMMISSION MEETING
Page 2 of2
CITY OF
ASHLAND
ASHLAND HISTORIC COMMISSION
Regular Meeting Minutes
January 2, 2008
Community Development/Engineering Services Building - 51 Winburn Way - Siskiyou Room
Historic Commissioners Present: Dale Shostrom, Terry Skibby, Henry Baker, James Watkins, Allison
Renwick, Keith Swink, Alex Krach, Sam Whitford, Tom Giordano
Absent Commission Members: None
Council Liaison: Eric Navickas, Arrived at 7:20pm
Hiah School Liaison: None Appointed
SOU Liaison: None Appointed
Staff Present: Planners: Maria Harris, Angela Barry, Derek Severson
CALL TO ORDER - REGULAR MEETING
At 7:05 pm, Chairman Shostrom called the Historic Commission meeting to order.
APPROVAL OF MINUTES
Mr. Whitford made a motion to approve the December 5, 2007 minutes and it was seconded by Mr. Baker.
Approval was unanimous.
PUBLIC FORUM: No speakers
SPECIAL RECOGNITION: Alex Krach shared that Maria Harris has been promoted and would no longer be the
Historic Commission's Staff liaison. He joined the Commissioners in recognizing Ms. Harris for her service of
artfully navigating the waters of planning and the intersection of the public and the business of the public with a
very gentle heart and with great honor. He stated the Historic Commission is a stronger and more effective
commission because of what she has contributed. Mr. Krach made a motion to recognize her service to the
Historic Commission. Mr. Baker seconded the motion. The motion passed unanimously. Chairman Shostrom
presented Ms. Harris with a Certificate of Appreciation and a historical picture as a thank you.
Ms. Harris thanked the Commission and commended them on their talent, wide range of expertise and their ability
to work well together. It was her opinion that the Historic Commission is a "Poster Child" of what a city
commission should be like. Ms. Harris introduced Angela Barry as the new liaison for the Historic Commission.
Ms. Barry is an experienced planner who has been with the City of Ashland for the past two years and has
previous experience with the City of Phoenix and the RVCOG.
PUBLIC HEARING:
A. PLANNING ACTION: PA2007-02101
SUBJECT PROPERTY: 11 First St
OWNER/APPLICANT: Ron Yamaoka
DESCRIPTION: Planning Action #2007-02101 is a request for Site Review approval to construct a two-
story mixed-use commercial and residential building to be located at 11 First Street, within the Detail Site
Review Zone. Also included is a request for a Tree Removal Permit to remove four trees sized six-
inches diameter at breast height and greater. {This application reinstates approvals already granted
under Planning Action #2006-01546, which had expired.}
Tom Giordano recused himself and left the meeting room due to a conflict of interest. There were no
other conflicts of interest. Ms. Harris said this planning action is a result of the expiration of the original
Ashland Historic Commission Minutes
2/27/2008
CITY OF
ASHLAND
planning action that was approved and that the previous Historic Commission recommendations were
incorporated into the current plan. There were no further questions of staff.
Bill Emerson, designer for the property owner, confirmed the design elements recommended by the
Historic Commission were incorporated into the building plan including the windows being changed to
six feet. Chairman Shostrom asked about an awning or marquee. Emerson said there was not a
marquee planned.
Chairman Shostrom made a motion to approve the project as presented. With a second by Mr. Swink,
the motion passed unanimously.
Mr. Giordano returned to the meeting.
B. PLANNING ACTION: PA 2007-01939
SUBJECT PROPERTY: 165 Lithia Wy
OWNER/APPLICANT: Urban Development Services, LLC
DESCRIPTION: Request for Site Review approval to construct a 16,246 square foot, three-story
mixed-use building for the property located at 123 North First Street and 165 Lithia Way. The
proposed building will contain basement parking, commercial office space on the first and
second floors, and four residential condominiums on the third floor. Also included are requests
for modification of Planning Action #2007-00091 to allow the consolidation of two lots and an
Administrative Variance to the Site Design and Use Standards' Downtown Design Standards VI-
B-3 to allow recessed balconies on the front of the proposed building.
Ms. Barry explained this 16,000 square foot building, to be built on two lots of a recently approved
subdivision, would be three stories high with underground parking and some common parking area.
The fayade will primarily be brick with stucco on the upper story. Awnings will be powdered coated steel
in light and medium brown. There will be a plaza area in the front and on the west side of the building
which will include outdoor eating space. She explained the applicants are asking for an administrative
variance for the balconies shown on the street elevations, feeling they would be a minor design feature
that would better meet the stepped building height requirements.
Mark Knox, Jerome White, Jeff Strickland were present with the owners, Evan Archerd and Russ Dale.
Mr. Knox explained they laid out the subdivision to be as traditional as possible to reflect the downtown
design. They merged two of the lots and designed this building with the 20-foot setback to eventually
emerge as a mid-block building with an urban pedestrian park feel.
Jerome White addressed the issues raised by the Historic Commission in the last meeting. Vertical
columns were added to enhance the vertical orientation. Balconies were added to give the impression
of varied heights and light and dark colors were used to enhance them. The second floor windows were
increased to six feet in height. Marquees were also added to identify the entries.
Mr. Watkins asked if a plan had been formulated for the public space. Mr. Knox detailed that plan.
There was discussion regarding the walkway between the buildings. Mr. White felt the light shaft will
help keep the area brighter.
Chairman Shostrom stated that the quality of the design was well done, especially with the columns.
However he felt the pedestrian corridor corner appears weak and is not as substantial as the other side
of the building. He suggested narrowing the opening and widening the column on that side. Mr.
Giordano thought the entrance could be emphasized more to promote the asymmetrical look by adding
a lintel above. Mr. White said the eight foot easement was a condition of the subdivision and they may
not be able to encroach upon it. Mr. Swink was concerned about creating a "hiding" space behind a
large column. Mr. Giordano felt the trellis on the third floor was not in character with the rest of the
building and should be boxed in to give it a more substantial look. It was suggested the lower trellises
Ashland Historic Commission Minutes
2/27/2008
2
CITY OF
ASHLAND
should have a stronger horizontal element.
Chairman Shostrom was concerned about the building not having a recessed entry. Mr. White said the
resistance is because of the all the space in front of the building - it is 28 feet from the curb. It was felt
the marquee would emphasize the entry. Chairman Shostrom also commented on the rear and east
elevations not having much detail or anything to break up the height except for two decks. Since it is
open to the parking lot, he felt some of the architectural details of the south and west sides need to wrap
around to the rear.
Mr. Navickas raised the issue of combining two lots for this building. Mr. White explained that the
tenants, locally owned businesses, needed more square footage than could be provided on only one lot.
Mr. Archerd also pointed out that it certainly would have been cheaper and they would not have been
subject to large scale detail standards including the plaza area if they had built a smaller building, but
this is what the tenants wanted. He pointed out that the Comp plan also calls for Economic
Development as a main component. Chairman Shostrom asked the Commissioners if any of them had
an issue with the combination of the two lots and none did.
There being no one else in the audience wishing to speak the public meeting was closed.
Mr. Giordano moved to recommend approval of the application with the condition that the revised plans
with architectural details are submitted for review of the full Historic Commission prior to submission of
the building permit application - strongly recommend the review of the revised plans during early design
development phase.
Specific recommendations are following.
. Pedestrian Passageway
Strengthen column on southeast comer of building next to the pedestrian passageway to create a
symmetrical division of the Uthia Way facade.
. North Elevation
Wrap elements of architectural details to north side of the building to create visual integrity with the
south and west elevations, to provide vertical and horizontal relief, to provide a sense of a base and to
break up the mass and height of the building. Suggest using treatments such as wrapping columns
around comers, continue base line around back of building, use of change in color of materials, joint
lines. The Historic Commission recognizes that this is a non-street elevation and that to some degree it
could be less significant that the south and west elevations. However, the rear of the building, which is
the tallest side of the building, will be visible because of the parking area behind it and to neighboring
residences. This is a different perspective than that of a narrow alley with buildings on both sides.
. Pedestrian Protection on North Side of Building
Use pedestrian awning over sidewalk on north (rear) side of building. In addition to providing weather
protection for pedestrians, it will make the building mass relate more to the human scale and provide a
horizontal rhythm.
. East Elevation
Strongly recommend using plaster on east elevation instead of concrete board. Also joint lines should
be used to continue horizontal and vertical rhythms from south elevation. Concrete board does not
weather well, and the east elevation is highly visible. While another building will eventually be built on
the east side of the proposed building, the amount of time that will lapse before another structure is built
could be years.
. Administrative Variance for Balconies on Uthia Way Elevation
Ashland Historic Commission Minutes
2/27/2008
3
CITY OF
ASHLAND
The Historic Commission supports the Administrative Variance because the recessed balconies break
up the mass of the building and creates a staggered streetscape appearance. This was shown to be
effective on the Jasmine building across the street.
Mr. Baker seconded the motion and it passed unanimously.
Mr. Giordano left the meeting at 9 pm.
C. PLANNING ACTION: PA 2007-01941
SUBJECT PROPERTY: 1070 Tolman Creek Rd
OWNER/APPLICANT: OgdenRoemerWilkerson Architecture AlA, Ashland School District
DESCRIPTION: Request for Site Review approval to construct an approximately 52,163 square foot
elementary school on the Bellview School site located at 1070 Tolman Creek Road. The application
proposes partial demolition of the existing buildings and construction of a new 42,678 square foot
elementary school facility. The 9,485 square foot original Bellview School building (circa 1903) is to be
retained and renovated as part of the proposal. Also included are requests for a Variance to the
required number of bicycle parking spaces to allow 33 bicycle parking spaces where 68 spaces are
required; and Tree Removal Permits to remove three Oak trees and one Sequoia greater than 18-inches
in diameter at breast height (d.b.h.). The application includes the removal of six smaller trees; because
these six trees are less than 18-inches (d.b.h.) and located on public school property they do not require
Tree Removal Permits. [The Planning Director has determined the proposal is not subject to the
Development Standards for Floodplain Corridor Lands because the applicants have provided a survey
establishing the floodplain boundary as outside of the proposed area of disturbance.]
Mr. Severson explained that even though the Bellview Elementary School is not located within a historic
district, because of the historic significance and the interest of the Historic Commission in retaining the
original school building, the site review was being brought before them for their comments. He also
thanked Mr. Krach, Chairman Shostrom and George Kramer for their contribution in providing material
on the history of the school that ultimately resulted in the decision to retain, restore and upgrade the
original school and make it a part of the whole design.
David Wilkerson, the architect representing the School District, said they want feedback from the
Historic Commission on how to address the relationship of the new structure to the historic structure.
The four variables to consider were:
1. How much of the existing building to retain
2. The purpose and use of the retained structure
3. The location and orientation of the new buildings and how they would relate to the existing building
4. Construction phasing
The School District decided to move the children off site to keep them out of the construction site. The
faculty, staff and parents wanted to capitalize on the views and daylight to the east. There was also a
desire to separate the different types of traffic between vehicles, school busses and children walking.
By building the new structure behind the original building it allows the historic school to retain
prominence. Mr. Wilkerson went on to describe the architectural details on the new building and some
of the upgrades to the original building such as replacing windows with wood-clad. The historic portion
will be used for art, lab, faculty room, faculty lunch room, restroom and an unassigned classroom.
Julia DiChiro, School Superintendent, pointed out some of the challenges such as elevation changes
that made accessibility requirements difficult and trying to use sustainable products wherever possible.
In answer to Mr. Skibby's question, Mr. Wilkerson explained that they would be modernizing the interior
Ashland Historic Commission Minutes
2/27/2008
4
CITY OF
ASHLAND
while retaining the same exterior except for window changeouts. Chairman Shostrom asked about
restoring the windows on the east side. Mr. Wilkerson pointed out that there was an addition added to
that side of the building and there wasn't money in the budget to redo that wall but they would look into it
when they do their window survey and if budget will allow. The bond money is specific to building a new
building and there are not provisions for a full restoration of the old building. Chairman Shostrom
suggested using a historic color palette for the existing and new buildings. Mr. Wilkerson showed
samples of the colors to be used.
Mr. Navickas suggested the columns on the small tower building be carried up to the entablature.
Chairman Shostrom commented that the plan elevations are lacking in architectural detail. He felt the
original schematic drawings were much easier to understand. There was discussion regarding whether
or not this project is subject to the level of detail and reconstruction requirements suggested by
Chairman Shostrom. Mr. Wilkerson felt they were not. Mr. Severson explained that the code does
suggest that the Historic Commission can condition the site review to protect the historic building. Mr.
Wilkerson said they would be submitting for a building permit in March. Mr. Wilkerson that more detailed
plans could be submitted by the end of January that would be available to the Commission for review at
their February meeting.
There being no one else in the audience wishing to speak the public meeting was closed.
Chairman Shostrom made a motion to recommend approval of the application with the condition that the
plans with architectural details are submitted for review of the full Historic Commission prior to
submission of the building permit application - strongly recommend the review of the revised plans
during early design development phase. The applicant stipulated that they would be reaching that point
in the project design on January 25 & 25 and would bring back the details for the February 6, 2008
Historic Commission meeting.
Specific recommendations are following.
. Color Palette
Recommend investigating use of historic "Italian" color palette that is referenced in original
architect's description of the 1929 building for repainting existing building and for new buildings.
. East Windows
Consider replacing east windows on historic existing building to match original openings and
proportions (appear to be same size as on west side of building).
Mr. Swink seconded the motion and it was passed unanimously.
NEW BUSINESS:
A. Carole Wheeldon Memorial - Mr. Severson explained Ms. Wheeldon's desire to have a memorial in the
island between fire station and the library because of her involvement with the Siskiyou boulevard
redesign project. The friends and family of Ms. Wheeldon are seeking support for the bench design, sign
and shade tree proposed. Mr. Krach felt the concept is terrific. There was consensus among the
Commissioners that the bench design was too rustic and should have a more classical design. If the
intention is to be a piece of art, the Public Arts Commission should make decision.
B. Croman Mill Site Redevelopment Plan - Ms. Harris announced there would be a public meeting on
January 30,2008,7-9 pm at the Bellview Grange.
Ashland Historic Commission Minutes
2/27/2008
5
OLD BUSINESS
CITY OF
ASHLAND
A. Review Board Schedule - Mr. Baker announced he would not be able to attend the February Commission
meeting.
, Keith, Sam
, Tom, Allison
, Hen , Sam
, James, Dale
, Allison, Alex
, Keith, Tom
B. Proiect Assiqnments For Planninq Actions - 165 Lithia Way was assigned to Ms. Renwick; 1070 Tolman
Creek Road was assigned to Chairman Shostrom, Mr. Krach, and Mr. Swink.
P A #2004-138
PL#2005-0 1226
PL#2005-01674
PL#2005-02105
PL#2005-01307
P A#2006-00453
P A#2006-00612
P A#2006-0 1999
P A#2007 -00398
P A#2007 -00798
P A#2007 -00579
PA#2007-01400
PA-2007-01939
PA-2007 -01941
Janua
Janua
Janua
Janua
Janua
Februa
Swink
Shostrom
Skibb
Giordano/Baker
Shostrom
Swink
Shostrom/Giordano
Krach
Whitford
Watkins
Baker
Skibb
Renwick
Shostrom,Krach,Swink
C. Ashland School District - (see PA-2007-01941, 1070 Tolman Creek Rd - Bellview School project above)
D. Lithia Sprinqs National Reqister Nomination - Mr. Baker stated the issue is getting polarized. The question is
what is the best use of the 28 acre site?
E. Sinqle Familv Residential Desiqn Standards - No report
F. Co-Sponsorship with Conservation Commission for Fall Workshop - No report
DISCUSSION ITEMS NOT ON THE AGENDA - None
ANNOUNCEMENTS
The next Historic Commission meeting will be on February 6, 2008 at 7:00 pm in the Siskiyou Room.
ADJOURNMENT
It was the unanimous decision of the Commission to adjourn the meeting at 10:55 p.rn.
Ashland Historic Commission Minutes
2/27/2008
6
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
North Mountain Land Company SDC appeal hearing
March 4, 2008 Primary Staff Contact: Richard Appicello
City Attorney's Office E-Mail: Appicelr@ashland.or.us
Public Works Secondary Contact: Paula Brown
Martha Benn Estimated Time: Consent
Question:
Should the City Council reset the date of the continued SDC appeal hearing to from March 4,2008 to
March 18, 2008 and notify the appellant of the revised date?
Staff Recommendation:
Staff recommends the continued hearing date be changed to March 18, 2008
Background:
At the City Council's February 5, 2008 meeting, the City Council continued the appeal hearing for the
above referenced matter to March 4,2008. Because a tentative settlement of this appeal has been
reached, City staff has ~equested and the appellant has agreed to a continuance of the hearing to
facilitate execution of a settlement agreement and release. This matter should be resolved without the
need to continue with the hearing in the next few weeks.
Related City Policies:
AMC 4.20.100.E. (requires ten working days notice to appellant of hearing date)
Council Options:
(1) Change the date of the continued appeal hearing;
(2) Do not change the date.
Potential Motions:
Move to reset the date of the continued SDC appeal hearing to March 18, 2008 and notify the appellant
of the revised date.
Attachments:
N/A
Page I
030408 SDC Hearing continuance.CC.doc
r~'
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
First Amendment to Development and Security Agreement (Revised)
(Brammo Motorsports LLC).
March 4, 2008 Primary Staff Contact:
City Attorney E-Mail:
Finance Secondary Contact:
Martha Be Estimated Time:
Richard Appicello
Appicelr@ashland.or.us
Lee Tunebergr
Consent
Question:
Should the City Council approve the revised First Amendment to the Development and Security
Agreement between City of Ashland, Craig Bramscher and Brammo Motorsports, LLC.?
Staff Recommendation:
Staff recommends approval of the revised First Amendment to Development and Security Agreement.
Background:
On February 5,2008 the City Council approved the First Amendment to Development and Security
Agreement for Brammo Motorsports LLC. Unfortunately Craig Bramscher was out of the Country
and could not execute the First Amendment and other documents before the February 19, 2008
deadline contained in the documents. The attached revised First Amendment was created by the Legal
Department to reflect the delay. This Amendment and all other documents were fully executed by
Craig Bramscher on February 22,2008. Mr. Bramscher was advised that the revised First Amendment
would have to be approved by the Council on March 4, 2008. Time for City compliance with
provisions of the Agreement is based on a March 4, 2008 approval date.
Related City Policies:
None
Council Options:
Council can approve the revised amendment and allow the project to move forward or take no action
and the project will end without any payment from the State on the loan or grant.
Potential Motions:
I move to accept staffs recommendation, approving the revised First Amendment to Development and
Security Agreement between City of Ashland, Craig Bramscher, and Brammo Motorsports, LLC.
Attachments:
Revised First Amendment to Development and Security Agreement
Page 1 of 1
030408 Brammo First Amendment.CC.doc
~A'
FIRST AMENDMENT TO
DEVELOPMENT AND SECURITY AGREEMENT
BETWEEN CITY OF ASHLAND, CRAIG BRAMSCHER,
AND BRAMMO MOTORSPORTS, LLC
Whereas, the City of Ashland, approved the above referenced Development
Agreement with supporting documents and said documents were fully executed
by Craig Bramscher and Brammo Motorsports, LLC, (hereinafter "Developer")
and submitted to the City in February 2007; and
Whereas, the City of Ashland has not executed said Agreement and supporting
documents due to delays in processing the Annexation of the subject property;
and
Whereas, Gty has now conditionally approved the annexat;ion and the Parties
desire to execute the Agreement and supporting documents together with a First .
Amendment to reset and clarify compliance dates and clarify the responsibilities
of the parties, consistent with the original agreement; and
NOW lHEREFORE, the Development and Security Agreement is herby
amended as follows:
1. Numbered paragraph 2 b. of the Agreement is amendedto read as
follows:
Developer will:
***
b. Subject to final approval of the Development Grant and the
Development Loans and except as may be funded by grants received from
Oregon Economic Development, make all Required Public Improvements
at Developer's sole cost and expense. Developer understands and agrees
that if the cost of the Required Public Improvements exceeds the loan or
grant amounts received. the Developer is solely responsible for the cost
of said improvements in addition to repayment of loans or. in the event
of violation of Vant temlS. grant funds. This provision does not
prohibit or limits Developer's submittal of revised or additional loan or
grant requests. IIMake all Required Public Improvements" in this
First Amendment to Brammo Development and Security Agreement
1
paragraph means the Developer pays the full cost of City construction
of the Required Public Improvements in accordance with public
contracting law and in compliance the OECDD grant and loan
conditions. Loan and grant funds shall be applied by the City to the
construction cost without the need to pass thru said costs to the
Developer.
2. The dates for Developer compliance with paragraphs 2.c, 2.d., 2.e, 2.g. and
2.h are modified from January 19, 2007 to February 16, 2007. Updated
documents referenced in paragraphs 2.c, 2.d, 2.e, 2.g and 2.h, including but not
limited to a revised promissory note, trust deed and guarantee, shall be
submitted to the City Finance Director on or before March 4, 2008.
3. Numbered paragraph 3. of the Agreement is amended to read as follows:
Oty will:
a. Process the annexation request.
b. No later than fifteen days following Developer's compliance with
paragraphs c, d, e, g, and h of Section 2 of this Agreement, and the date
for submittal of updated documents as called for in the First
Amendment to this Agreement. execute the necessary documents to
receive the low interest loans and/or grants offered through the Oregon
Economic and Community Development Department.
c. Receive and puss through ~ the funds received from the
Oregon Economic and Community Development Department, together
with funds received from the Developer, to the cost of engineering,
permitting and construction of the Required Public Improvements. in
accordance with City code, including public contracting requirements.
4. Section 4. j. Entire Agreement is amended to remove the words "relating
to the reservation of future public roads, rights of way".
5. The Effective Date of this Amendment and the original Agreement shall
be the date on which the last party to execute the Amendment to the Agreement
so executes it and a fully executed copy, or counterpart original of the
Amendment and the original executed Agreement is mailed, first class mail to
the other party.
First Amendment to Brammo Development and Security Agreement
2
6. Any provision of the Agreement, not specifically amended or modified
herein shall remain in full force and effect.
BRAMMO MOTORSPORTS, LLC.
Dated this J'& of rch~1ii\i1008
CITY OF ASHLAND
Dated this -Z--Z---of ~ , 2008
y:
cr ramscher, individually and
on behalf of Br 0 otorsports LLC.
Date: ::?- -:;,.:. 'Z-CJDf8
I
\~
1k
{
,
Barbara Christensen, City Recorder
First Amendment to Brammo Development and Security Agreement
3
CITY OF
ASHLAND
Council Communication
Approval of Amendment 1 for the Transportation System Plan Update
Meeting Date:
Department:
Secondary Dept.:
Approval:
March 4, 2008
Public W orks!Engi
Legal! Finance
Martha Benne
Primary Staff Contact:
E-Mail:
Secondary Contact:
Estimated Time:
Paula Brown, 488-5587
brownp@ashland.or.us
James Olson, 552-2412
Consent Agenda
Question:
Will the City Council approve Amendment 1, Addition of Phase II Transit Review and Update in the
amount of $41 ,260 to the HDR Contract for the Transportation System Plan (TSP) Update?
Staff Recommendation:
Staff recommends approval of Amendment 1 in the amount of$41,260 to execute the Phase II option
for Transit Review and Update. This will bring the total contract cost to $158,260.
Background:
Council approved the proposal from HDR Engineering, Inc. and executed a contract for a not to exceed
amount of$117,000, to update the City's Transportation System Plan (TSP) and transportation portion
of the Capital Improvements Project List. The original request for proposals allowed for the expansion
of the scope of work to include a transit portion. Staff presented this option to council both during the
approval of the original contract and during the first update to Council during the update presented to
Council on November 5,2007.
In December, staff asked for HDR's proposal to complete the transit portion of the work and has been
negotiating the work tasks and costs. Based on the attached scope of work, HDR will conduct a
comprehensive review of the current public transportation services, operations, ridership, funding
sources, para-transit, and other transit services. They will conduct stakeholder interview and hold
public meeting. Upon this review and assessment, HDR will then provide recommendations to meet
current and future needs and hold a public workshop to present this information. This portion of the
project has been delayed due to prior weather issues, but should still be completed by May 2008. Staff
has requested that HDR begin preliminary review pending Council's full approval.
A quick update of the overall TSP progress is attached.
Related City Policies:
Transportation System Plan (W &H Pacific, May 1998)
Transportation Element (December 17, 1996), Chapter X of the City's Comprehensive Plan
Capital Improvements Plan and FY 2007-08 Budget
Transportation Systems Development Charges
Page I of2
H:\ShipletD\Council\Council Communication\2008\March 3 and 4\030408 Amendment to TSP Update.CC ~A'
CITY OF
ASHLAND
Council Options:
1. Council may approve this Consent Agenda Item, or
2. Pull the consent item and request clarification of staff and then approve the item, or
3. Pull the item off the consent calendar and refer back to staff for additional information, or
4. Decline to approve the item.
Potential Motions:
1. Move approval as part of the consent agenda
2. Request staff provide additional information as requested by Council
Attachments:
Quick Update on the RFP Work Elements
Amendment No.1 to HDR Contract
Page 2 of 2
H:\ShipletD\Council\Council Communication\2008\March 3 and 4\030408 Amendment to TSP Update.CC rA'
Quick Update on the RFP Work Elements:
HDR will provide specifics that include, but are not limited to:
A. Review the City's 1998 Transportation System Plan (W &H Pacific, May 1998)-
complete
B. Update TSP Chapter 4 - Existing Conditions and Constraints. - complete
1) Characteristics of the existing pedestrian, bicycle and transit (Route 10 only)
facilities
2) Existing traffic volumes, traffic control measures, street/facility characteristics,
traffic operations and safety concerns characteristics
C. Evaluate the City's Preventive Maintenance System (PMS) Project list and pavement
management database. - complete
D. Review street maintenance schedules and recommend appropriate improvements. -
complete
E. Update TSP Chapter 9 - Needed Transportation System improvements. - complete, but
the presentation was delayed due to weather. Open House #2 is rescheduled for
February 20th
F. Update the transportation Capital Improvements Project (CIP) List based on the Chapter 9
updates and the City's PMS Project List. Ensure cost estimates are complete for the
revised CIP list. - in progress
G. Update and Complete Transportation SDCs. - in progress; the first SDC meeting was
delayed due to weather and has been rescheduled for February 19th
H. Meeting frequency:
1) There are three open house format meetings with the Community to discuss
current conditions and to hear current concerns; to propose recommendations for
changes to the current system; to provide the draft plan and SDC changes.
first Open House was held on October 23rd
second Open House rescheduled to February 20th
third Open House will include Transit options (mid March)
final Open House will include the full plan recommendations (late April)
2) Final report to the City Council to provide the recommended TSP Updates.
3) Three meetings with the SDC Committee to review the transportation SDC
methodology, propose changes and solidify recommended SDCs.
4) There will be a final report to the City Council to provide the recommended
SDCs.
5) If this transit element is added there will be an extra open house (likely mid
March) and an extra Council meeting to discuss those options (late April).
ENGINEERING SERVICES CONTRACT
AMENDMENT NO.1
Engineering services contract made on the date specified below in Recital A between
the City and Engineer as follows:
Recitals:
A. The following information applies to this contract:
CITY: CITY OF ASHLAND Consultant: HDR ENGINEERING INC.
Address: City Hall Address: 1001 SW 5TH AVENUE STE 1800
20 E. Main St. PORTLAND OR 97204-1134
Ashland, OR 97520 PHONE: (503) 423-3700
PHONE: (541) 488-5347
FAX: (541 ) 488-6006 FAX: (503) 423-3737
Date of this agreement: B: RFP Date: JUL Y 24, 2007
February 5, 2008 Proposal date: AUGUST 27,2007
1{2.3 City Contracting Officer: James H. Olson, Interim Director of Public Works
1{2 .4 . Project: Transportation System Plan Capital Improvement Project Update
1{6.1. Engineer's Representative: Michael Downing, Department Manager
1{8.3. Maximum Contract Amount: $158,260.00
B. AMENDMENT NO.1
1. Modification to Section 2.4
Phase II - Transit Review and Update - per HDR Proposal dated January 24,
2008 and made a part of this addendum
2. Modification to Section 8.3
A. Original Contract Amount =
B. Add cost of extra work =
C. Adjusted total contract amount =
$117,000.00
$41,260.00
$158,260.00
CONSULTANT
CITY
BY
BY
Finance Director
Fed. ID #
REVEIWED AS TO CONTENT
BY
City Department Head
Date:
Coding:
(for City use only)
H:\ShipletD\Council\Council Communication\2008\March 3 and 4\030408 Amendment to TSP Update.attch2.doc
CITY OF
ASHLAND
Council Communication
Approval of a Personal Services Contract Greater than $50,000
Third Party Administrative Services for Workers' Compensation
Meeting Date: March 4, 2008 Primary Staff Contact: Lee Tuneberg
Department: Administrative Services E-Mail: tuneberl@ashland.or.us
Secondary Dept.: Secondary Contact: Tina Gray
Approval: Estimated Time: Consent Agenda
Question:
Will the City Council, acting as the Local Contract Review Board, consent to enter into a public
contract with Health Future for Third Party Administrative Services for Workers' Compensation?
Staff Recommendation:
Staff recommends that the public contract for Third Party Administrative Services for Workers'
Compensation be awarded to Health Future.
Background:
Under AMC 2.52.07(C), if there are no exemptions or special circumstances, a formal competitive
selection process is required to enter into a public contract for Personal Services greater than $50,000.
A Request for Proposals (RFP) is the sourcing method for this public contract.
The purpose of this RFP is/was to acquire the services of a Third Party Claims Administrator to
administer the City's workers' compensation claims. The City has used a Third Party Administrator to
manage workers compensation claims since it became "self-insured" in 1992. The successful proposer
was required to have the knowledge and experience necessary to administer and manage the City's
claims. The City self-insures its Workers' Compensation exposure up to $400,000 for all class codes
except electrical exposure up to $600,000 and purchases excess insurance above that amount. A more
detailed scope of services and historical overview of the City' s Workers' Compensation program was
included within the Request for Proposals.
The RFP was mailed to ten (10) potential proposers, and the City received four (4) proposals in
response to the RFP. The proposals were then evaluated by a three-person evaluation committee,
which resulted in Health Future being the highest ranking proposer and concluded with a successful
contract recommendation.
The costs associated with awarding this contract to Health Future are for administering the claims and
does not include the actual cost of claims. The annual cost of the service provided is estimated at
$12,500 per year, an annual fee for reporting to the State and an annual fee for access to the computer
system. A one-time charge for converting historical data and open claims is estimated at $6200. The
estimated cost for three years is $46,700 but could exceed $50,000 depending on the number of claims
and services requested.
Pagelof2
rA'
CITY OF
ASHLAND
The intended contract will tentatively begin on or before July 1, 2008. The initial term of the contract
will be for a period of three (3) years with the option to extend the contract annually for an additional
two years for a total of five years.
Related City Policies:
Section 2.52.010 Definitions
Personal Service Contract: A personal service contract is a contract primarily for the provision of
services that requires specialized, technical, creative, professional or communicative skills, talents,
unique or specialized knowledge, or the exercise of discretionary judgment skills, and for which the
quality of service depends on attributes that are unique to the service provider. Such services include,
but are not limited to, architectures, engineers, land surveyors and related services as defined in ORS
279C.120( 6), accountants, attorneys, auditors and other licensed professionals, artists, designers,
computer programmers, performers, and consultants. The Public Contracting Officer, the City
Administrator or their designee shall have the discretion to determine whether a particular type of
contract or services falls within the category of personal services.
2.52.070 Selection Process
The following rules shall be followed in selecting a contractor for personal services:
C. For personal service contracts that will cost $50,000 or more, the Department Head shall award the
contract based on AMC 2.50.090 (RFPs).
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.
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 Third
Party Administrative Services for Workers' Compensation to Health Future.
Attachments:
Evaluation Summary
Health Future, LLC, Workers' Compensation Administration Fee Schedule
Page 2 of2
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Health Future, LLC
Workers Compensation Administration Fee Schedule
CLAIMS HANDLING COSTS
$ 150.00
$ 850.00
$ 500.00
EST TOTAL CLAIMS HANDLING
COST
Minimum 2008 Contract Year Fee
$11,950.00
$12,500.00
SUPPLEMENTAL CLAIMS SUPPORT OPTIONS
Onsite Meetings. mediation,
investiQation Included
Nurse Case ManaQement $ 90.00 Hour
Utilization Review $ 90.00 Hour
Physician Advisor $ 300.00 Hour
SubroQation Included
Check Reconciliation Included
Custom ReportinQ $ 75.00 Hour
CONVERSION
$ 95.00
$ 500.00
$ 2,750.00
1m lementation
Included
Note: Medical Claims Exceeding $5,000
will be classified as Indemnity for billing
Page 28 of 104
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Amendment to Personal Services Contract with Harrang Long Gary Rudnick,
P.C., for MAA v. City of Ashland Litigation
March 4, 2008 Primary Staff Contact: Martha J. Bennett
Administration E-Mail: bennettm@ash1and.or.us
Legal. ,//;!J Secondary Contact: Richard Appicello
Martha J. Befmetf '/1 Estimated Time: Consent
Question:
Will the Council approve the first amendment of the contract with Harrang Long, et.al., for legal
representation through the July 2008 trial for the City in the MAA v. City of Ashland case, in the
amount of $160,000?
Staff Recommendation:
Staff recommends Council approve a total contract of$160,000.
Background:
In July 2007, Council approved a contract in the amount of $50,000 with Harrang Long, et.al., for legal
representation in the Mount Ashland litigation. As staff told you at this time, the $50,000 amount was
a placeholder amount to allow the City to respond to the initial elements of this lawsuit. This case has
now entered the discovery phase, and staff requests an amendment to the contract for the full costs of
taking the case to trial, estimated at a total of $160,000, which is $110,000 more than the current
amount.
Staff recommends that the City continue with outside Counsel rather than bringing the case in-house to
both take advantage of the institutional knowledge of Harrang Long and to avoid having this workload
on City legal department staff.
Related City Policies:
This decision is governed by City purchasing policy as outlined in AMC 2.52, which includes an
exemption for contracts for legal representation.
The dollar amount of this contact will likely require a transfer of appropriations from the water fund to
cover unanticipated legal expenses.
Council Options
Council can:
· Approve the amended contract as requested
· Approve an amount less than $160,000 and direct staff to return if estimated expenses exceed
this lower amount
· Reject the amendment and transfer responsibility for the case to the City Attorney.
Page ] of 2
030408 Hurrang Long Contract Amendment.CC.doc
CITY OF
ASHLAND
Potential Motions:
I move to:
· Approve the first amendment to a personal services contract between the City of Ashland and
Harrang Long Gary Rudnick, P.c. for legal representation in MAA v. City of Ashland, in the
amount of $160,000.
· Approve the amendment to the contract in the amount of $_.
· Reject the amendment and direct legal staff to represent the City in this case.
Attachments:
First amendment to contract.
Page 2 of2
030408 Hurrang Long Contract Amendment.CC.doc
FIRST AMENDMENT TO PERSONAL SERVICES CONTRACT
DATED JULY 17, 2007 BETWEEN CITY OF ASHLAND, OREGON AND
HARRANG LONG GARY RUDNICK P.C. ,
Whereas, in July 2007, the City of Ashland, by and thru the City Administrator,
approved the above-referenced Personal Services Contract with Harrang Long
Gary Rudnick, P.C.(Consultant) to perform legal services, specifically the
defense of the City of Ashland in Mt. Ashland Association v. City of Ashland,
Jackson County Circuit Court Case No. 07-27144-E(7); and,
Whereas, the total cost of the above-referenced contract was limited to fifty
thousand ($50,000.00) dollars pursuant to City contract rules, without further
approval of the Ashland City Council; and
Whereas, it is necessary to amend the July 2007 contract specified "not to
exceed" amount to reflect the total anticipated cost of the litigation through the
trial date; and.
Whereas, as regards this amendment, after reasonable inquiry and evaluation,
the City Council finds and determines that: (1) the services to be acquired are
personal services; (2) the City does not have adequate personnel nor resources
to perform the services; (3) the statement of work represents the department's
plan for utilization of such personal services; (4) the undersigned Consultant has
specialized experience, education, training and capability sufficient to perform the
quality, quantity and type of work requested in the scope of work within the time
and financial constraints provided; (5) the Consultant's proposal will best serve
the needs of the City; and (6) the compensation negotiated herein is fair and
reasonable.
Whereas, this Contract is exempt from formal competitive selection procedures
pursuant to AMC.2.52.050.E.
NOW THEREFORE, in consideration of the mutual covenants contained herein
the CITY AND CONSULTANT AGREE that the above referenced Personal
Services Contract dated July 17, 2008, is amended as follows:
1. Page 1, under the caption "ADDITIONAL TERMS" the text concerning
not to exceed amount is amended to read as follows:
"Total cost of this contract not to exceed $50,000.00 $160,000.00
2. Page 1, under the caption "COMPENSATION" the text concerning hourly
rates is amended to read as follows:
First Amendment to Mt. Ashland Contract / Harrang Long Gary Rudnick P. C. 1
$300.00 $345.00 per hour for Jens Schmidt and Jeffery Matthews lesser
amounts for other attorneys or law clerks within the firm. Rates for attorneys or
paraleqals within the firm will be reduced by 10% for leqal services. Travel rates
will be reduced by 50% of the normal rate.
3. Any provision of the July 17, 2007 contract, not specifically amended or
modified herein shall remain in full force and effect.
Dated this
of March 2008
HARRANG LONG GARY RUDNICK P.C.
CITY OF ASHLAND
By:
William F. Gary
By:
John W. Morrison, Mayor
Title:
Date:
Date:
FederallD #
Account #
Purchase Order #
First Amendment to Mt. Ashland Contract / Harrang Long Gary Rudnick P. C. 2
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Liquor License Application
March 4, 2008 Primary Staff Contact:
City Recorder E-Mail:
Secondary Contact:
Martha Be Estimated Time:
Barbara Christensen
christeb@ashland.or.us
Consent Agenda
Question:
Does the Council wish to approve a Liquor License Application from Helena Darling dba Helena
Darling Catering LLC at 1000 Benson Way #103?
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 the processing of this
application.
Background:
Application is for a change in location.
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).
Related City Policies:
In May 1999, the council decided it would make the above recommendations on all liquor license
applications.
Council Options:
Approve or disapprove Liquor License application.
Potential Motions:
Approve or disapprove Liquor License application.
Attachments:
None
rA1
CITY OF
ASHLAND
Council Communication
Capital Improvements Program
Approval of the FY09 CIP Project List and FY09-14 CIP in Concept
Meeting Date:
Department:
Secondary Dept.:
Approval:
March 4, 2008
Public Works
Finance
Martha Be e
Primary Staff Contact:
E-Mail:
Secondary Contact:
Estimated Time:
James Olson 552-2412
olsonj@ashland.or.us
Paula Brown 488-5587
1 Hour
Question:
Will Council approve the FY09 Capital Improvement Program (CIP) project list, the FY09 equipment
purchases including replacements with hybrid vehicles and conceptually approve the overall FY09-14
CIP Program?
Staff Recommendation:
Staff recommends Council take three affirmative actions
./ Approve the proposed FY09 CIP Projects for budget purposes
./ Approve the FY09 Capital Equipment Plan with the option to include hybrid vehicles
./ Approve the overall FY09-14 CIP for planning purposes
Background:
The attached presentation materials and the entire FY09-14 CIP spreadsheet is attached for your
information. As shown, staff will provide details on the CIP planning process, execution rates, current
year (FY08) project highlights, FY09 CIP proposed project list, FY09 capital equipment purchase plan,
and finally, the entire FY09-14 CIP plan. Staff will provide details during the meeting, but a quick
snapshot of each item is discussed below.
.. CIP Planning:
Each department or enterprise fund manager develops that specific portion of the CIP with a
rolling 6 year funding outlook based on the needs due to the current and future capacity needs,
the condition of existing systems, the expected life of the system, urban growth boundary
(UGB) development anticipations, and other similar factors. Master planning, completed
through consultants or staff expertise, evaluates the maintenance records, actual expenses,
service calls and the system's ability to last at reasonable expectation levels to serve the
community. Many of our systems are aging well and can continue to function well into the
future, but others are beyond their expected service life and must be replaced due to age or
upsized to meet new expectations. That balancing is included in the CIP. Major capital
projects are taken to Council during the development stage and often at the funding stage if
there are grants or other funding sources requiring Council action. Many projects are grant
funding dependent and if grants are not authorized, the project will not be constructed.
"- Historic Execution Rates
Many factors impact the ability to fully execute a CIP program. This year's FY08 CIP is
actually proving to be well along to meeting expectations with only some minor issues that will
Page I of 3
030408 CIP Approval for FY09.CC.doc
r~'
CITY OF
ASHLAND
be addressed in future years. This year it is expected that programmed projects will be near an
80% execution rate, and with the exception of the Local Improvement Districts (LIDs) and
Parks Department, the rate increases to above 90%. Realistically, the goal should be 90% or
better.
.. Current Year Highlights
The FY08 program is addressed in detail in the attached presentation, and discussion will be
provided during the council meeting. Projects that were in design in FY07 are now in
construction and the majority of the projects will be completed in FY08 as planned. As
mentioned in the previous paragraph, the LID program is way below expectations due to
litigations and delayed funding determinations; however, several have Council approval and
should be started by year end. Due to delays in starting the Water Treatment Plant Process
Improvements and timing concerns, the big reservoir projects scheduled originally for FY08
have been postponed a year and will be started in FY09. This will give staff a much greater
ability to manage all of the proposed construction in a phased approach. The Electric
Department gained Council approval for the Mountain A venue Substation work that was
escalated from FYI0. The City Facilities execution rate is a little over the estimate due to
Police projects completed with Council approved drug forfeiture funds.
.. FY09 Program
The FY09 CIP is proposed at $11,052,000. This is just slightly less that the figure proposed
last year for the FY09 program. Staff has taken a detailed look at revised master plans
completed last year, some creative and increased maintenance to help extend the life of certain
future projects, execution rates and expectations, fees and rate increase as well as other grant
potential. The result is a CIP for FY09 and into the future that should remain a little more
stable and fundable. All projects planned for FY09 are fully funded and with one exception,
Laurel Street Sidewalks, there are no outstanding grants awaiting approval for these projects.
There are anticipated bond funding requirements (specifically in the Water Fund) that will be
discussed during the budget process.
.. FY09 Capital Equipment Purchase Plan
There are 11 new vehicles scheduled for replacement, six of which are scheduled to be
replaced with hybrid vehicles that cost roughly $6,000 more than standard vehicles. For
budgeting purposes, this policy decision is a $36,000 question for FY09, so this is being
included in the CIP discussion. Council is being asked to provide direction to staff to move
forward with the hybrid purchase determination.
.. FY09-14 CIP Plan by Division
The long term program for the entire FY09-14 budget years is presented for conceptual
planning purposes. This program has been reviewed by staff numerous times. As always, there
are a few policy level decisions the will come to Council prior to final execution; for instance
the TAP Pipeline construction timing, Fire Station #2 bonding, Grants for bikepaths, etc. The
program is attached on the spreadsheet and staff will be available to answer questions or define
the timing.
Page 2 of 3
030408 CIP Approval for FY09.CC.doc
r~'
CITY OF
ASHLAND
*" Council Actions Requested - March 4, 2008
As mentioned above, are three actions requested of Council for this item:
./ Approve the proposed FY09 CIP Projects for budget purposes
./ Approve the FY09 Capital Equipment Plan with the option to include hybrid vehicles
./ Approve the overall FY09-14 CIP for planning purposes
Related City Policies:
Council Goals
FY08 Budget including the CIP
Master Plan Documents for each enterprise
Ashland Community Values Statement
Council Options:
1) Council may accept the staff report and approve the proposed FY09 CIP Proj ects for budget
purposes, the FY09 Capital Equipment Plan with the option to include hybrid vehicles, and the
overall FY09-14 CIP for planning purposes
2) Council may make changes to the proposed FY09 Projects, the FY09 Capital Equipment Plan or
recommend that the plan proceed without purchasing the hybrid vehicles, and the FY09-14 Overall
CIP.
3) Council may reject staffs recommendations and direct staff to provide revisions to the proposed
project list for review at the next Council meeting.
Potential Motions: ;;;2.
1) Council moves to accept the staff report and approve the following~items:
/ ,. @ Approve the proposed FY09 CIP Projects for budget purposes
~, Approve the FY09 Capital Equipment Plan with the option to include hyh~Jl:ehicles. wJ-.1
@Approve the overall FY09-14 CIP for planning purposes t\UYV\ I Y ~I~
2) Council moves to accept the staff report, and
a) Approve the proposed FY09 Projects with the following changes...
b) Approve the FY09 Capital Equipment Plan without purchasing the hybrid vehicles
c) Approve the overall FY09-14 CIP for planning purposes with or without recommended
changes;
3) Council moves to reject the staff report as recommended, re-prioritize and change the CIP, and
direct staff to provide the final project list for review at the next Council meeting.
Attachments:
1. Presentation: FY09 Proposed and FY09-14 Planned Capital Improvement Program
2. Proposed FY09-14 CIP Project List
Page3of3
030408 CIP Approval for FY09.CC.doc
r~'
City of Ashland
FY09 Proposed and
FY09-14 Planned
Capital Improvement Program
~
rA'
CITY Of
ASHLAND
Presented to City Council March 4, 2008
.....
...,
",iii'ND FY09-14 Proposed CIP
~ eIP Planning - What is Involved
. Historic Execution Rates - Planned vs Actual
. FY08 Current Year Highlights
. FY09 CIP - Proposed Program by Division
. FY09 CIP - Proposed Project Lists
. FY09 Capital Equipment Purchase Plan
. FY09-14 CIP Plan by Division
. Council Actions Requested - March 4, 2008
. Approve FY09 Projects for Budget Purposes
. Approve FY09 Capital Equipment Plan
. Approve FY09-14 Overall CIP for Planning Purposes 2
~&,
CIP Planning - What is Involved
.\~il'" \~O
~
. Master Plans
. current and future capacity
. condition of existing systems
vs life cycle expectancy
. growth anticipations (UGB)
. etc
. Maintenance Records
. planned vs actual conditions
. Service Level Expectations
. maintain at serviceable levels
. not too high, yet not broken
so costs escalate
. Revenues
. when is borrowing appropriate
. from what source
. fees, service charges, SDCs
. Balance Capabilities
. budget limitations
. staffing capabilities
. Timing
. replacement vs cost of crises
. capacity needs
3
-..
...,
Historic Execution Rates
Planned vs Actual
. buclgetted
o actual spent
o expected
$20,000,000
$15,000,000
$10,000,000
$5,000,000
$0
Specific FY08 Impacts to Execution
. Much better planning this year - 79.8% execution
. LIDs way under - only 5 010 movement due to litigations
. Balanced water projects to compensate for the delayed
start at the Water Plant (delayed reservoirs)
. Electric over - Mt Ave Substation and covered storage
. Admin-Facilities over with Police Forfeiture funding
. Parks si nificantl under executed 15%
Execution Impacts
. economic cost
increases
. construction time
of year
. design concerns
. funding shortfalls
. schedule changes
Goals
. better predictions
. costs
. timing
. capability
. continue to stretch
grant funding
opportunities
. provide updates
4
2
....
._~
FY08 Current Year Highlights
.\~ii",~o
~
FY08 budget
TRANSPORTATION / LID $2,227,000
STORM DRAIN $375,000
AIRPORT $240,000
WATER $2,160,000
WASTEWATER $1,780,000
ELECTRIC $600,000
AFN / TELECOMM $499,000
INFORMATION TECHNOLOGY $175,000
ADMINISTRATION - FACILITIES $210,000
PARKS & RECREATION $650.000
$8,916,000
LID $807,000
without LID $8,109,000
without Parks and LID $7,459,000
FY08 est
$1,464,000
$465,500
$194,000
$1,901,000
$1,188,500
$820,000
$476,000
$178,000
$330,100
$100.000
$7,117,100
difference
($763,000)
$90,500
($46,000)
($259,000)
($591,500)
$220,000
($23,000)
$3,000
$120,100
(i52Q,.O J)Q)
($1,789,000)
Dfo of plan
65.7%
124.1%
80.8%
88.0%
66.8%
136.70;',
95.4%
101.7%
157.7%
15.4%
79.8%
$40,000 ($767,000)
$7,077,100 ($1,031,900) 87.3%
$6,977,100 ($481,900) 93.5%
5
FY09 CIP -
Proposed Program by Division
TRANSPORTATION I LID $3,089,000
STORM DRAIN $625,000
AIRPORT $25,000
WATER $2,675,000
WASTEWATER $2,025,000
ELECTRIC $565,000
AFN I TELECOMM $350,000
INFORMATION TECHNOLOGY $163,000
ADMINISTRATION - FACILITIES $585,000
PARKS l!o. RECREATION 7
$11,052,000
r.t. ,
-.\.:..ii'ND
~
INFORMATION
TECHNOLOGY,
$163,000,2%
ADMINIS1RATION - PARKS &
FACILITIES, RECREATION,
$585,000,5% $750,000,7%
AFN/TELECOMM,
$350.000,3%
ELECTRIC, $565,000,
5%
WASTEWATER,
$2,025,000,19%
WATER, $2,675,000, ~
25%
TRANSPORTATION
LID, $3,089,000. 280;'
AIRPORT, $25,000,)
0%
STORM DRAIN,
$625,000, 6%
6
3
~~,
."ii. \~O
~
FY09 CIP -
Proposed Transportation Project List
FY09
TransDOrtation
Repave/Rebuild A Street - Oak to 1st Street STP/MPO
TSP Update
Rebuild - C & Eureka; (CMAQ-Cong Mitigation Air Quality)
Jefferson Street Extension Project (Brammo - OECDD)
Park and Ride Creation
Hersey Street Pedestrian/Safety Improvements
Rebuild B Street - Oak to 5th Street per PMS STP/MPO
Rrebuild Granite Street - Nutley to Pioneer Street per PMS
Railroad Crossing Imp; E. Main (07/08)
Railroad Crossing Imp; Hersey & Laurel (08/09)
Railroad Crossing Imp; Walker (08/09)
Railroad Crossing Imp; Oak (11)
Miscellaneous Concrete Safety Repairs
Mise New Sidewalk Improvements (prioritized list in TSP)
Beaver Slide Pedestrian Improvements
Reconstruct Harrison St (Siskiyou to Euclid) STP / MPO
Rebuild N Mountain; E.Main to Hersey PMS / STP /
MPO??
FY08 est
$443,000
$159,000
$50,000
$200,000
$0
$150,000
$47,000
$23,000
$147,000
$60,000
$35,000
$35,000
$75,000
Will be complete FY08
Will be complete FY08
$30,000 Project starts FY08 and finishes FY09
$600,000 Construction scheduled for May 2008
$30,000 Difficulties with MAO; JaCo & RVTD
$100,000 Design FY08; easements
$407,000 ~$275K MPO Funding
$402,000
Will be complete FY08
$190,000 Working with ODOT Rail
Need Grant - FYI0/Il construction
Need Grant - FYI0/Il construction
$100,000 Annual
$80,000 Annual
$70,000 Sidewalk improvements
$60,000 FY09 Design - const FYI0 MPO$
$50,000 FY09 Design - Const FYI0 ? MPO $
Subtotal Transportation $1,464,000 $3,089,000
7
....
._~
FY09 CIP -
Proposed LID and Storm Drain Project List
.\':.i"",\SD
J.
--
LocallmDrovement Districts
Note: Costs shown are total project costs, City ~O;. :~~ FYOS est
Pavement plus; Sheridan & Schofield Street llD $20,000
Pavement plus; liberty Street llD $10,000
Pavement plus; Alley btwn Harrison and Morton $10,000
Pavement plus; Upper Beach Street $0
Sidewalk - Laurel Street; Hersey to Randy $0
Pavement plus; Plaza Avenue LID $0
Subtotal LIDs $40,000
Storm Drains
Water Quality Improvements - Basins/Riparian Areas
Alley - E. Main St to Blaine Line Replacement
Storm Water Master Plan Update
Iowa Street - Sherman to Gresham Line Installation
Hersey Wetlands 18" high flow bypass
Beach / Mountain Creek; N. Mountain Ave C to RR
Beach / Mountain Creek; Idaho from Iowa to Holly
Beach / Mountain Creek; Hersey/Starflower
Mountain Creek Water Quality Improv - B St yd outfall
Total Storm Drains
FY08 est
$35,000
$155,500
$65,000
$90,000
$20,000
$100,000
$465,500
FYOg
$367,000
$230,000
$51,000
$150,000
$100,000
$72,000
$970,000
FY09
Council approved; litigation
Council approved, on schedule
Council approved
Applying to change from CMAQ to LID (less $$)
Applying for Grant MayD8; may not be LID
Applying to change to CMAQ
$75,000
$100,000
$65,000
$175,000
$50,000
$35,000
$625,000
Annual program
will be complete FY08 - misjudged costs
Will be complete FY08
24" line upsize; in-house
Priority due to road failures
work linked to C & Eureka; 2 year project
Work linked to street project
work linked to development
FY09 Water Quality Improvement (B ST Yard)
8
4
~A'
.\~it'l ,\~O
I
FY09 CIP -
Proposed Water Fund Project List
Water SUDDlv FY08 est FY09
Hosler Dam Transmission Line Replacement - Reeder to Water
Plant $259,000 complete in FY08 (Dec07)
Hosler Dam - Stability Analysis - Geotech $50,000 complete FY08
FERC Part 12 Hosler Dam Safety Analysis $110,000 complete FY08
Reeder Res / Improvements (Solar Bees) & Siit Removal E/W Forks $100,000 $250,000 Phase I FY08
Ashland Creek West Fork Bridge Construction $100,000 complete FY09 - in water work
Talent, Ashland, Phoenix Pipeline & PS; Talent to Ashland $50,000 $250,000 start final design FY08
Right Water for the Right Use Program $0 $90,000 push to FY09
Additional Water Rights (TID/BOR system, etc) $30,000 $60,000 temp water rights BOR
Subtotal Supply $599,000 $750,000
Water Plant
Hosler Dam Security & Telemetry $50,000 complete FY08
Sludge Lagoon and Waste Line Improvements $190,000 completion by May08
Chlorine/Hypochlorite Requirement Review $377 ,000 complete FY08
Plant Process Improvements $500,000 $200,000 phase I complete FY08
Subtotal Plant $1,117,000 $200,000
Water Distribution
Granite Street Waterline Replacement - Nutley to Pioneer $15,000 $300,000 link with street project
Loop Road Reservoir (proj 12) $40,000 $130,000 design FY08; const FY09
New "Crowson II" Reservoir (Proj 12) $600,000 design and site prep FY09
Lithia Water Fountain replacement (Plaza) $35,000 complete FY08
Waterline Replacement - Ditch RD; Strawberry PS to Grandview Dr $75,000 $75,000 phase over 4 years; in house
Waterline Replacement - B Street $10,000 $250,000 link with street project
S. Mountain & Park Estates P5 Improvements (proj 7/8) $300,000 per water master plan
Waterline Upsizing - Hospital Zone: Maple Street main line (proj IB) $60,000 des; per water master plan
Water Modeling and Master Plan Updates $10,000 $10,000 annual
Subtotal Distribution $185,000 $1,725,000
WATER TOTALS $1,901,000
....
._~
FY09 CIP -
Proposed Wastewater Fund Project List
.\~"i" .\NO
~
Wastewater Treatment Plant
Treatment Plant Permit Evaluation and Renewal
Treatment Plant - Thermal Improvements (DEQ - TMDL)
Wastewater Treatment Plant Membrane Sections Replacement
Subtotal Plant
Wastewater Collection SYstem
Wastewater Line Replacement; A Street - Oak Street to 1st St
N. Main Pump Station Replacement
Wastewater Line Replacement; Alley - E. Main Street to Blaine
St
Wastewater Line Realignment; 1-5 overpass Bear Creek Trunk
Wastewater Line Replacement; Oak Street - Lithia Way to B St
Wastewater Line Replacement; Ashland Creek Main Line
Wastewater Line Replacement; Miscellaneous In-House
Grandview Pump Station Replacement
Wastewater Line Realignment; N. Mountain - Hersey to Bear Crk
Subtotal Plant
WASTEWATER TOTALS
FY08 est
$100,000
$100,000
FY09
$200,000
Must be complete by Dec08
$1,000,000 Link with Permit compliance
$300,000 Based on Permit compliance
$1,300,000
$200,000
$370,000
$86,500
$112,000
$25,000
$25,000
$125,000
$45,000
will be complete FY08
complete Dec 2007
will be complete FY08
will be complete May 2008
design FY08, const FY09
temp fix FY08; design/const 09
annual crew (some contract)
design FY08; const FY09
with road project
$988,500
$1,188,500
$125,000
$100,000
$125,000
$350,000
$25,000
$725,000
$2,025,000
10
5
~A'
.\':'iii,\~l1
~
FY09 CIP -
Proposed Electric Fund Project List
~
Install New Services & New Infrastructure
Electric Utility Line Installation; In-house Various Locations
Underground Utility Lines - Oak Knoll Subdivision
Enclose Open Equipment Bldg at Service Center
Install Underground Line to Water Treatment Plant I Hosler Dam
Upgrade Business District Feeder Line - Helman Street
Upgrade Mountain Avenue Substation Low Side Distribution
Underground Utility Lines - Greenmeadows Subdivision
SCADA System
FY08 est
$325,000
$100,000
$0
$220,000
$40,000
$0
$135,000
$0
ELECTRIC TOTAL $820,000
FY09
$325,000 Annual
$100,000 Annual
Completed FY07
Late postponement from FY07
Will complete FY08
$20,000 Postponed from FY08
$70,000 Additional requirements
$25,000 Postponed from FY08
$25,000 Automatic
$565,000
11
.,..
...~
.\~.il .'No
~
FY09 CIP -
Proposed AFN / Telecom / IT Project Lists
AFN I TELECOMMUNICATIONS
802.11b Wireless Buildout
Cable Modem Termination System (CMTS)
Routers
Optical Time Domain Reflectometer (OTDR)
Underground Machine
Community Website Portal
Distribution and Cable Equipment Installation
Network Refresh
Fiber to the Premise (FTTP)
Underground Telecommunication Lines Installation
WiMax Deployment
TOTAL AFN I TELECOMM
INFORMATION TECHNOLOGY
Desktop & Laptop Planned Replacement (25% Annually)
Printer Planned Replacement
Server Planned Replacement
GIS Spatial Database Engine
Major Software Purchases
TOTAL INFORMATION TECHNOLOGY
FY08 est
$15,000
$125,000
$20,000
$11 ,000
$0
$120,000
$10,000
$50,000
$25,000
$100,000
$476,000
FY08 est
$75,000
$25,000
$13,000
$5,000
$60,000
$178,000
FY09
complete
Purchased and installed
Purchased and installed
On order
$23,000 postponed to FY09
$22,000 New requirement
$120,000 Annual
$10,000 Annual
$25,000 Annual - shifted $25K to WiMax FY09
$25,000 Annual - Various Locations
$125,000 Annual - increased $25K FY09
FY09
$75,000 Annual 25%
$25,000 Annual
$13,000 Annual (increased from $10K)
$50,000 GIS Hardware purchase (every 2 years)
Every other year
$163,000
12
6
'"
~A'
.\~iit,\~o
~
FY09 CIP -
Proposed Facilities & Parks Project Lists
ADMINISTRATION - City Facilities FY08 est FY09
City Facility Upgrades & Maintenance $145,000 $100,000 Planned $100,000 per year emin)
Facilities Planning, Space Needs Analysis / Funding Options $50,000 Will complete FY08
Equipment / Shop - Diesel Retrofit $100,000 Can spend FY08, but may not
Police Parking Lot Expansion $61,000 $85,000 FY08 - drug forfeiture funds
Police Department 8uilding Improvements $75,100 $200,000 FY08 - drug forfeiture funds
Fire Station NO.2 Reconstruction $100,000 Initial public input process & concepts
ADMINISTRATION - FACILITIES $330,100 $S8S,000
Parks 8< Recreation FY08 est FY09
Open Space Acquistion / Park Development $0 $200,000 Postponed
N. Main and Scenic Park Development $100,000 $100,000
Ice Rink Cover Replacements and Improvements $0 $300,000 Postponed
Calle Guanajuato Improvements $0 $75,000 Postponed
Vogel Park Development $0 $75,000 Postponed
PARKS & RECREATION $100,000 $7S0,OOO
13
....
._~
':~;;."O ,~~~_Ca pit~~;:,q u i p~:~~",P~~:.~:.:.~~~
" # Year Model Cost Vehicle Cost
. 396 2000 Ford F250 4x2 CNG $28,000 Hybrid SUV $22,000
511 2005 Ford CrownVic4Dr. $24,000 Patrol Car $24,000
'Police Equipment $10,000 $10,000
512 2005 Ford CrownVic4Dr. $24,000 Patrol Car $24,000
'Police Equipment $10,000 $10,000
428 2000 Ford Explorer $28,000 Hybrid SUV $22,000
427 2000 Ford Explorer $28,000 Hybrid SUV $22,000
386 2000 Ford Ranger 4x4 Ex-cab $28,000 Hybrid SUV $22,000
431 2000 Ford F150 4x4, Ext. Cab,5WB $26,000 Mid size truck $26,000
396 2000 Ford F150 CNG Pickup $28,000 Hybrid SUV $22,000
1980 Snow Plow Attachment $9,000 Snow Plow Attach $9,000
198A 1993 Ingersoll Rand P12SDWD $18,000 Air Compressor $18,000
301 1997 Freightliner FL80 $220,000 Bucket Truck $220,000
16 1995 Ford Bronco $28,000 Hybrid SUV $22,000
'Police equipment includes new lights, $479,000 $473,000
prisoner seat, partition, console, etc.
, Rebudget from FY 08
0397 2000 JetterjVac. Truck $276,000 Rebudgeted due to extended
0390 2000 Schwarze A7000 Sweeper $158,000 build and delivery schedules
$434,000
Decision needed: Budget for Hybrids or Non Hybrids? Difference is
$5,000 per vehicle or $36,000 for the FY09 Equipment Purchase Plan 14
7
~.1
~\~ii"-\~o FY 09-14 CIP Plan
~
FY08 est I FY09 FY10 FYll FY12 FY13 FY14
TRANSPORTATION / LID 1,464,000 3,089,000 3,038,000 2,600,000 4,480,000 3,600,000 3,110,000
STORM DRAIN 465,500 625,000 485,000 95,000 95,000 620,000 235,000
AIRPORT 194,000 25,000 150,000 1,025,000 250,000 25,000 250,000
WATER 1,901,000 2,675,000 3,865,000 3,025,000 7,495,000 6,615,000 1,510,000
WASTEWATER 1,188,500 2,025,000 1,900,000 650,000 875,000 650,000 1,060,000
ELECTRIC 820,000 565,000 610,000 590,000 535,000 455,000 425,000
AFN / TELECOMM 476,000 350,000 240,000 240,000 240,000 240,000 240,000
INFORMATION TECHNOLOGY 178,000 163,000 173,000 163,000 173,000 163,000 173,000
ADMINISTRATION - FACILITIES 330,100 585,000 1,450,000 7,525,000 525,000 1,275,000 530,000
PARKS & RECREATION 100,000 750,000 275,000 525,000 450,000 200,000 200,000
$7,117,100 $10,852,000 $12,186,000 $16,438,000 $15,118,000 $13,843,000 $7,733,000
15
~.t. 1
N:'ii.' {~o
FY 09-14 CIP Plan
$18,000,000
$2,000,000
II PARKS & RECREATION
II ADMNISTRATION - FACILfTlES
o INFORMATION TECHNOLOGY
o AFN ITELECOM\1
II ELECTRIC
o WASTEWATER
$16,000,000
$14,000,000
$12,000,000
$10,000,000
II WATER
$8,000,000
$6,000,000
o TRANSPORTATION I LID
$4,000,000
$0
FY08 FY08 FY09 FY10 FY11 FY12 FY13 FY14
est
16
8
~.,
.\~il't \~D
~.,
.\~"ii\;"'o
FY09-14 Highlights
Transportation, LIDs and Airport
. Transportation
. Railroad Crossing Improvements - over 5 years; need additional grant
funding ($lM)
. Laurel Sidewalks - applied for TE Grant ($500K) FY09/10; if that
doesn't gain approval, will go with LID
. Bike Path and Bike Lane projects - evaluate improvement possibilities
for N. Main Street; reapplied for TE Grant for North Ashland Bikeway
. Hersey 1 Wimer Intersection - applied for ODOT STIP Modernization
funding FY12/13/14 ($l.5M)
. Nevada Street Bridge and Extension - applied for ODOT STIP
Modernization funding FY12/13/14 C$2.4M)
. LIDs
. Quite a few programmed for FY09 construction
. Plaza Ave changed to CMAQ project for FY10 construction
. Clay Street keeps slipping, but is in FYl1/12
. Airport
. FAA Grant anticipated in FYll - 95% grant to pave Runway 12/30 17
FY09-14 CIP Highlights
Storm Drain, Water, Wastewater
Storm Drain
. Completion of Storm Water Master Plan Update in FY08 will drive future
program
. Significant improvements scheduled for the Beach / Mountain Creek area
over the next 5 years
. SWMP has shown needed improvements on non-City facilities; ODOT and
Jackson County culverts need to be upsized to accommodate storm flows/runoff
. Water
. TAP Pipeline final design and PS site acquisition over the next 2 years, with
construction planned for FY12/13 (will come back to Council) $llM
. Plant Improvements in FY08; next big project under analysis is Ozone for
FY13/14 $2M
. Distribution Reservoirs were pushed to complete plant improvements. Loop Rd
Reservoir improvements FY09; "Crowson II' scheduled for FY09-11 $3.9M
. Other distribution improvements and line replacements in the Hospital Zone
and other various locations per the Water Master Plan
. Wastewater
. Thermal Improvements planned for FY09/10 to meet TMDL - $2M
. Establishing a plan for Membrane Replacement @ $300K per year
. Collection system is in relatively good shape with mostly routine replacements
and upsizing
18
9
~A'
~\':'i"i\ND
~
FY09-14 CIP Highlights
Electric, AFN, Telecom, IT
. Electric
. Routine installations and new infrastructure is a significant
potion of the budget
. Mt Avenue Substation work should be completed in FYl0
. Undergrounding continues in various locations
. AFN / Telecommunications
. Distribution and equipment installs continues to be a
significant part of the next few year's budgets
. Fiber to the Premise and WiMax Development continues
with a significant portion in FY09
. Information Technology
. Planned computer, printer and server replacements are
the largest portions of this budget
. GIS Database and other major software purchases
alternate each year to ensure technology improvements 19
~A'
.,':'it'.'\sO
FY09-14 CIP Highlights
City Facilities and Parks
. Administration - City Facilities
. Facilities Master Plan will drive future City facility improvements
. Police Department is able to utilize drug forfeiture funding for
many of their facilities improvements, but will remain within the
Facilities Plan recommendations
. Fire Station #2 planned for FYl0/ll construction to allow time to
quantify the need and develop community support
. Parks & Recreation Department
. N. Main and Scenic Park was the only park that made progress in
FY08
. Other planned parks improvements delayed from FY08 have been
reprogrammed for FY09
. Ice Rink Replacement (funded in large part by grants, donations and
insurance reimbursement)
. Calle Guanajuato
. Vogel Park
. Open Space Acquisition funds were not spent in FY08, but are
planned for FY09 20
10
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CITY OF
ASHLAND
Council Communication
Meeting Date
Department:
Secondary Dept.:
Approval:
Authorization to enclose the existing Covered Storage City Building at
90 N. Mountain
Primary Staff Contact:
E-Mail:
Secondary Contact:
Estimated Time:
March 4, 2008
Electric
Finance
Martha Be
Dick Wanderscheid
wandersd@ashland.or.us
Lee Tuneberg
10 minutes
Question:
Does the City Council want to authorize a contract with Batzer Construction for $298,344.00 to
enclose the existing covered storage electric building located at the 90 N. Mountain Ave. complex?
Staff Recommendation:
Staff recommends that the City of Ashland enter into a contract with Batzer Construction to enclose
the existing covered storage electric department building at 90 N. Mountain Ave. as per the Batzer bid
of $298,344.
Background:
When the 90 N. Mountain complex was constructed in 1984, the building that is located directly
behind the Grove, was erected with partial walls and initially was shared by both Public Works and the
Electric Department. Now it is used primarily by Electric and we have had ongoing problems with
birds nesting in the roof and creating a potentially unhealthy situation because of the bird droppings.
The City has tried a number of ways to try and get the birds to vacate the roof area but all have proven
unsuccessful. Currently we typically pay an outside company to periodically come in and pressure-
wash the building and contents to remove the droppings.
In FY05-06, the City allocated money to get this building enclosed. We issued an RFP in March 2006
to enclose the building as a design build project. Because the bidders were required to determine the
design parameters, the one bid we received was for $798,769. To remove some of the uncertainty
from the bidding of this project, the City issued an RFP to select an architect to complete a design and
working drawings that could be used to re-bid this enclosure project.
Architectural Design Works was selected to complete the design and the project was bid out as a
construction project again, with bids due on February 15,2008. We received two bids, one from
Batzer Construction for $298,344 and one from Taylor Construction for $503,558. Staff has reviewed
the low bid and it complies with all the City's requirements as specified in the RFP.
The City's Capital Improvement Plan in this year budget included $220,000 for this project. While the
bid exceeds this amount, there are enough resources in the year's Electric Capital Budget to cover the
additional $78,000 needed to complete this project. The main reason for this is that the slow down in
the housing market and in new construction had reduced capital spending needed to build electrical
infrastructure for these type of activities. Also the slow down in the building economy probably helped
Page ] of 2
030408 Enclose Existing Covered Storage.CC.doc
r~'
CITY OF
ASHLAND
hold down the bid costs as contractors are trying to keep their employees working and hence the
market is providing very competitive bids.
Since we have been dealing with this bird problem unsuccessfully for some time now, it seems prudent
to move ahead with this project at this time. The project has the added benefit or providing secure
storage for many electrical supplies that are currently behind locked gates but otherwise not very
securely stored. While the City's Electric Utility has not incurred any thefts of equipment or materials,
the high price of steel, copper and other metals have caused significant increases in theft of these type
of things in other parts for the United States and Northwest.
Related City Policies:
The City strives to provide a safe and secure workplace and also the Valdez Principles has a section
that specifically deals with workplace safety.
Council Options:
1) No Action-This would end this project and we would continue with periodic cleaning of the
area in effort to keep it as clean as possible.
2) Direct staff to enter into a contract with Batzer Construction to enclose this building.
Potential Motions:
Move to direct staff to execute a contract with Batzer Construction for $298,344 to enclose the existing
partially enclosed covered storage building located just behind the Grove at the 90 N. Mountain
Complex.
Attachments:
None
Page 2 of 2
030408 Enclose Existing Covered Storage.CC.doc
r~'
CITY OF
ASHLAND
Council Communication
Revised Planning Commission Powers and Duties Ordinance
Meeting Date: March 4, 2008 Primary Staff Contact: Martha J. Bennett
Department: Administration E-Mail: bennettm@ashland.or.us
Secondary Dept.: Community Deve ent Secondary Contact: Bill Molnar
Approval: Martha J. Ben Estimated Time: 10 minutes
Question:
Does the Council wish to approve first reading of a proposed ordinance to revise AMC Chapter 2.12,
which governs the Planning Commission?
Staff Recommendation:
Staff recommends adoption of the attached ordinance, which has been revised following your February
4, 2008 study session to incorporate suggestions of the Planning Commission.
Background:
The Planning Commission originally presented a proposed ordinance to the Council on August 7,
2008. Council had extensive feedback on the draft, which staff used to revise the ordinance. Those
revisions were included with the Council's study session with the Planning Commission on February
4,2008. At Council's request, the Planning Commission looked at the revised ordinance at their
February 12, 2008 meeting. The Commission recommended six changes, and staff concurs with those
recommendations. Four of the recommendations are minor wording changes to Sections 2.12.060.A,
2.l2.060.B.1, 2.12.060.B.3 and 2.12.060.B.4.
The fifth recommendation involves deleting section 2.12.060.B.5 concerning studying environmental
quality, sustainability, multi-modal transportation and creation and retention of family wage jobs. This
language was originally suggested by the Planning Commission. However, the Commission agreed
listing specific issues or values is out of place in the list of the work outlined in the powers and duties
section.
The final recommendation is to require members living outside of the city limits to live within six
miles of the city limits rather than the language requiring residency in the UGB.
Related City Policies:
Council should review other boards and commission powers and duties, found in Chapter 2 of the
AMC. Staff believes that the revisions made since August 2007 make the proposed ordinance more
consistent with other delegations.
Council Options:
Council can
· Approve first reading of the attached ordinance as drafted.
· Revise the ordinance and then approve first reading or direct staff to make additional revisions
and return at a later date
· Table the ordinance
Page 1 of2
030308 PC Powers and Duties.CC.doc
r.,
CITY OF
ASHLAND
Potential Motions:
I move to:
· Approve first reading of an ordinance amending the Ashland Municipal Code, Chapter 2.12.,
City Planning Commission.
· Approve first reading of an ordinance amending the Ashland Municipal Code, Chapter 2.12.,
City Planning Commission, with the following revisions to the proposed ordinance.
· Direct staff to make the following revisions and return the ordinance to Council for
reading at a later date.
· Table the proposed ordinance
Attachments:
Ordinance ready for adoption
Ordinance as drafted on February 4,2008
Planning Commission "Review of Proposed PC Powers & Duties Changes" dated February 12,2008
Page 2 of2
030308 PC Powers and Duties.CC.doc
r.l'
ORDINANCE NO.
AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE,
CHAPTER 2.12, CITY PLANNING COMMISSION
Annotated to show deletions and additions to the code sections being modified.
Deletions are . in bold and additions are in bold underline.
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, ORS 227.090 sets forth the powers and duties of Planning
Commissions and Chapter 2.12 of the City of Ashland Municipal Code further
enumerates such powers for the City of Ashland Planning Commission; and
WHEREAS, the City of Ashland Planning Commission has requested staff to
update Chapter 2.12 as set forth below.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1: Section 2.12.010, City Planning Commission - Created, is hereby
amended to read as follows:
Section 2.12.010 CITY PLANNING COMMISSION - Created.
There is created a City Planning Commission of nine (9) members, to be
appointed by the Mayor and confirmed by the City Council, to serve without
compensation, not more than two (2) of whom may be nonresidents of the City
reside outside the City limits, within the area six miles adiacent thereto.
The Mayor City Attorney and City Engineer shall be an ex officio, non-voting
members of the City Planning Commission.
SECTION 2: Section 2.12.040, City Planning Commission- Elections of Officers-
Annual Report, is hereby amended to read as follows:
First Reading 3-4-08
Chapter 2.] 2-City Planning Commission
1.
Section 2.12.040 CITY PLANNING COMMISSION - Elections of officers--
Annual report.
The Commission, at its first meeting, or as set forth in the PlanninQ
Commission bylaws, shall elect a Chair and a Vice-Chair, and shall appoint a
Secretary who need not be a member of the Commission, all of whom shall hold
office at the pleasure of the Commission. The Secretary shall keep an accurate
record of all proceedings, and the City Planning Commission shall, on the first
day of October of each year, make and file a report of all its transactions with the
City Council.
SECTION 3: Section 2.12.050, City Planning Commission - Quorum-Rules and
regulations, is hereby amended to read as follows:
Section 2.12.050 CITY PLANNING COMMISSION - Quorum--Rules and
regulations.
Five (5) members of the City Planning Commission constitute a quorum. The
Commission may make and alter rules and regulations for its government and
procedure, consistent with the laws of the state and shall meet at least once
every thirty (30) days. The recommendation to the City Council of any
amendment to the land Use Ordinance or Comprehensive Plan shall be by
the affirmative vote of not less than a maiority of the total members of the
commission.
SECTION 4: Section 2.12.060, City Planning Commission -Powers and Duties,
is hereby amended to read as follows:
Section 2.12.060 CITY PLANNING COMMISSION - Powers and duties--
Generally.
A. The PlanninQ Commission is the appointed citizen body with the
primary responsibility of providinQ recommendations to the Mayor and City
Council reQardinQ the overall direction of land use planninQ. The
Commission reviews and makes recommendations reQardinQ
comprehensive land use planninQ and fosters mutual communication on
land use issues. The Commission is responsible to the City Council for
makina recommendations on land use plans and policies that are
coordinated with other City plans. policies. and functions.
ft.. The powers and duties of the City Planning Commission may be, but
shall not be limited to, those set forth in O.R.S. 227.090, et. seq., as follows:
1. Recommend and make suggestions to the City Council and to all
other public authorities concerning laying out, widening, extending,
and locating streets, side'.'Ialks and boulevards; parking; relief of
traffic congestions, betterment of housing and sanitation conditions;
and establishment of zones or districts limiting the use, height, area
and bulk of buildings and structures;
First Reading 3-4-08
Chapter 2.12-City Planning Commission
2.
2. Recommend to the City Council and all other public authorities,
plans for regulation of the future grov:th, development and
boautification of the municipality in respect to its public and pri'Jate
buildings and '::orks, streets, parks, grounds and vacant lots; plans
consistent with future growth and development of the City in order to
secure to the City and its inhabitants sanitation, proper service to all
public utilitios; and transportation facilities;
3. Recommend to tho City Council and all other public authoritios,
plans for promotion, de'lelopment and rogulation of industrial and
economic needs of the community in respect to private and public
enterprises engaged in industrial pursuits;
4. J\dyertise the industrial advantages and opportunities of the
municipality and availability of real estate within the municipality for
industrial settlemont;
5. Encourage industrial settlement within the municipality;
6. Make an economic survey of prosent and potential possibilities of
the municipality with a view to ascortaining its industrial needs;
7. Study needs of existing local industries '....ith a vie\\' to strengthoning
and developing local industries and stabilizing employment
conditions;
8. Do and perform all other acts and things necessary or proper to
carry out the provisions of O.R.S. 227.010 to 227.150;
9. Study and propose, in general, such measures as may be advisable
for promotion of the public interost, health, morals, safety, comfort,
convenience, and 'tJelfaro of the City and of the area six (6) miles
adjacent thereto.
B. In addition, The Plannina Commission it shall have the powers and duties
to:
1. Periodically review the Comprehensive Plan and make
recommendations to the City Council on public processes, studies, and
potential revisions to the Plan. Work in coniunction with other City
citizen advisory commissions, boards, and committees to ensure
coordination of various elements of the Comprehensive Plan.
2. Render Quasi-iudicial decisions on land use applications and appeals
of administrative land use decisions as prescribed by the Ashland Code
and Oreaon state law.
3. Conduct public hearinas and make recommendations to the City
Council on plannina issues and leaislative chanaes to land use
reaulations and ordinances.
4. When needed to implement City aoals and policies, meet with other
plannina bodies in the reaion on issues that affect City land use
plannina. Make recommendations to the City Council on reaionalland
use issues in aeneral.
First Reading 3-4-08
Chapter l.ll-City Planning Commission
3.
5. Foster public awareness and involvement in all aspects of land use
plannina in the community.
1. (Repealed by Ord. 1833, 1974)
2. Revie'N all proposed ordinances regulating or limiting the use,
height, area, bulk and construction of buildings and appurtenant
facilities, hold the necessary public hearings thereon, and make its
recommendations thereon in writing to the City Council;
3. Act as the urban rene'l.-aI agency in lieu of the former Ashland
Development Commission, to which reference is made in Resolution
No. 68 2, adopted by the City Council on January 9, 1968. (Ord. 1720,
57, 1972)
C. Except as otherwise set forth by the City Council, the Plannina
Commission may exercise any or all of the powers and duties enumerated
in ORS 227.090 et. seQ., as well as such additional powers and duties as
are set forth herein.
SECTION 5: 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 6: Savings Clause. Notwithstanding this amendment/repeal, the
City ordinances in existence at the time any criminal or civil enforcement or other
actions were commenced, shall remain valid and in full force and effect for
purposes of all cases filed or actions commenced during the times said
ordinance(s) or portions thereof were operative.
SECTION 7: Codification. Provisions of this Ordinance shall be incorporated
in the City Code and the word "ordinance" may be changed to "code", "article",
"section", or another word, and the sections of this Ordinance may be
renumbered, or re-Iettered, provided however that any Whereas clauses and
boilerplate provisions (Le. Sections 5-7 ) need not be codified.
I
l
l
l
I
I
I
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,
First Reading 3-4-08
Chapter 2.12-City Planning Commission
4.
and duly PASSED and ADOPTED this
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of
Reviewed as to form:
Richard Appicello, City Attorney
day of
,2008.
John W. Morrison, Mayor
First Reading 3-4-08
Chapter 2.12-City Planning Commission
,2008.
5.
AS DRAFTED FOR FEBRUARY 12, 2008 STUDY SESSION
NOT PROPOSED FOR ADOPTION
ORDINANCE NO.
AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE,
CHAPTER 2.12, CITY PLANNING COMMISSION
Annotated to show deletions and additions to the code sections being modified.
Deletions are . and additions are in bold.
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, ORS 227.090 sets forth the powers and duties of Planning Commissions
and Chapter 2.12 of the City of Ashland Municipal Code further enumerates such
powers for the City of Ashland Planning Commission; and
WHEREAS, the City of Ashland Planning Commission has requested staff to update
Chapter 2.12 as set forth below.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1: Section 2.12.010, City Planning Commission - Created, is hereby
amended to read as follows:
Section 2.12.010 CITY PLANNING COMMISSION. Created.
There is created a City Planning Commission of nine (9) members, to be appointed by
the Mayor and confirmed by the City Council, to serve without compensation, not more
than two (2) of whom may be nonresidents of the City reside outside the City limits,
within Urban Grown Boundary. The Mayor City Attorney ~md City Engineer shall be
an ex-officio, non-voting members of the City Planning Commission.
SECTION 2: Section 2.12.040, City Planning Commission- Elections of Officers-
Annual Report, is hereby amended to read as follows:
Chapter 2.l2-City Planning Commission
1.
AS DRAFTED FOR FEBRUARY 12, 2008 STUDY SESSION
NOT PROPOSED FOR ADOPTION
Section 2.12.040 CITY PLANNING COMMISSION - Elections of officers--Annual
report.
The Commission, at its first meeting, or as set forth in the Planning Commission
bylaws, shall elect a Chair and a Vice-Chair, and shall appoint a Secretary who need
not be a member of the Commission, all of whom shall hold office at the pleasure of the
Commission. The Secretary shall keep an accurate record of all proceedings, and the
City Planning Commission shall, on the first d3Y of October of each year, make and file
a report of all its transactions with the City Council.
SECTION 3: Section 2.12.050, City Planning Commission - Quorum-Rules and
regulations, is hereby amended to read as follows:
Section 2.12.050 CITY PLANNING COMMISSION - Quorum--Rules and
regulations.
Five (5) members of the City Planning Commission constitute a quorum. The
Commission may make and alter rules and regulations for its government and
procedure, consistent with the laws of the state and shall meet at least once every thirty
(30) days. The recommendation to the City Council of any amendment to the land
Use Ordinance or Comprehensive Plan shall be by the affirmative vote of not less
than a majority of the total members of the commission. (Ord. 1833, 1974)
SECTION 4: Section 2.12.060, City Planning Commission -Powers and Duties, is
hereby amended to read as follows:
Section 2.12.060 CITY PLANNING COMMISSION - Powers and duties--Generally.
A. The Planning Commission is the appointed citizen body with the primary
responsibility to provide advice and recommendations to the Mayor and City
Council regarding the overall direction of land use planning. The Commission
reviews and makes recommendations regarding comprehensive land use
planning and fosters public communication on land use issues. The Commission
is responsible to the City Council for making recommendations on land use plans
and policies that are informed by and coordinated with other City plans, policies,
and functions.
A. The pov.'ers 3nd duties of the City PI3nning Commission m3Y be, but shall not be
limited to, those set forth in O.R.S. 227.090, et. seq., as f-ollows:
1. Recommend 3nd m3ke suggestions to the City Council 3nd to 311 other public
authorities concerning laying out, 'Nidening, extending, and loc3ting stroets,
sidew31ks and boulevards; parking; relief of traffic congestions, betterment of
housing 3nd sanit3tion conditions; 3nd est3blishment of zones or districts limiting
the use, height, 3ro3 and bulk of buildings and structures;
2. Recommend to the City Council and 311 other public 3uthorities, pl3ns for
regulation of the future grmvth, development and be3utification of the municipality
in respect to its public and priv3te buildings 3nd works, streets, p3rks, grounds
and V3c3nt lots; plans consistent with future grovAh 3nd development of the City
Chapter 2.12-City Planning Commission
2.
AS DRAFTED FOR FEBRUARY 12, 2008 STUDY SESSION
NOT PROPOSED FOR ADOPTION
in order to secure to the City and its inhabitants sanitation, proper service to all
public utilities; and transportation facilities;
3. Recommend to the City Council and all other public authorities, plans f{)r
promotion, development and regulation of industrial and economic needs of the
community in respect to private and public enterprises engaged in industrial
pursuits;
'1. Advertise the industrial advantages and opportunities of the municipality and
availability of roal ostate 'Nithin the municipality for industrial settlement;
5. Encourage industrial settlement within the municipality;
6. Make an economic survey of present and potential possibilities of tho
municipalitY'Nith a view to ascertaining its industrial needs;
7. Study needs of oxisting local industries 'Nith a "ie'N to strengthening and
developing local industries and stabilizing employment conditions;
8. Do and perform all other acts and things necessary or proper to carry out the
provisions of O.R.S. 227.010 to 227.150;
9. Study and propose, in genoral, such measures as may be advisable for
promotion of the public interest, health, morals, safety, comfort, convenience,
and welfare of the City and of the area six (6) miles adjacent thereto.
B. In addition, The Planning Commission shall have the powers and duties to:
1. Periodically review and make recommendations to the City Council about
the need to review and revise the Comprehensive Plan. Propose public
processes, studies, and potential revisions to the Comprehensive Plan to the
City Council. Work in conjunction with other City citizen advisory
commissions, boards, and committees to ensure coordination of various
elements of the Comprehensive Plan.
2. Render quasi-judicial decisions on land use applications and appeals of
administrative land use decisions as prescribed by the Ashland Code and
Oregon state law.
3. Conduct public hearings and make recommendations to the City Council
on legislative changes to land use regulations and ordinances.
4. Make recommendations to the City Council on appropriate actions in
response to regional efforts that affect City land use planning.
5. Study and propose land use measures as may be advisable to support
environmental quality, sustainability, multi-modal transportation, and the
retention and creation of family wage jobs.
6. Foster public awareness and involvement in all aspects of land use
planning in the community.
1. (Repealed by Ord. 1833,197'1)
2. Reviev: all proposed ordinances regulating or limiting the use, height, area, bulk
and construction of buildings and appurtenant facilities, hold the necessary public
Chapter 2.12-City Planning Commission
3.
AS DRAFTED FOR FEBRUARY 12, 2008 STUDY SESSION
NOT PROPOSED FOR ADOPTION
hearings thereon, ~md make its recommendations thereon in writing to the City
Council;
3. Act as the urban renm....al agency in lieu of the former Ashland Development
Commission, to v:hich ref-erence is made in Resolution No. 68 2, adopted by the
City Council on January 9,1968. (Ord. 1720,57,1972)
C. Except as otherwise set forth by the City Council, the Planning Commission
may exercise any or all of the powers and duties enumerated in ORS 227.090 et.
seq., as well as such additional powers and duties as are set forth herein.
SECTION 5: 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 6: Savings Clause. Notwithstanding this amendment/repeal, the City
ordinances in existence at the time any criminal or civil enforcement or other actions
were commenced, shall remain valid and in full force and effect for purposes of all
cases filed or actions commenced during the times said ordinance(s) or portions thereof
were operative.
SECTION 7: Codification. Provisions of this Ordinance shall be incorporated in the
City Code and the word "ordinance" may be changed to "code", "article", "section", or
another word, and the sections of this Ordinance may be renumbered, or re-Iettered,
provided however that any Whereas clauses and boilerplate provisions (Le. Sections 5-
7 ) 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 ,2007,
and duly PASSED and ADOPTED this day of ,2007.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2007.
John W. Morrison, Mayor
Reviewed as to form:
Richard Appicello, Interim City Attorney
Chapter 2.12-City Planning Commission
4.
Planning Commission Review of Proposed PC Powers & Duties
Changes
Feb. 12,2008
Introduction - At its Feb. 4th Special Session, after meeting with the Planning
Commission, the City Council decided to put a rewrite of the Planning
Commission's Powers and Duties on its Feb. 19th agenda. This version has not
been discussed by the PC as a whole but has been put on our agenda for Feb.
12th by Bill and myself so that the Council can have the PC's reactions in time for
its consideration.
The following notes have been developed by Commissioner Dotterrer and
myself to help focus our discussion. If you have comments or suggestions,
including items not mentioned below, please send them to me before our Feb.
12th session if possible.
The City Administrator has asked that the Commission communicate its
response to the rewrite, in the form of comments rather than an alternative
version of the proposed ordinance.
Comments [Each comment below is referenced to a numbered section of the
proposed Ordinance, which is being added to the Commission's packet for Feb.
12th.]
I. Re: Section 2.12.060 CITY PLANNING COMMISSION - Powers and duties-
-Generally A.
We suggest the following wording, which we believe addresses the concerns of
the Council from the session when the PC Powers & Duties were originally
presented and is a little clearer and easier to understand:
"The Planning Commission is the appointed citizen body with the primary
responsibility of providing recommendations to the Mayor and City Council
regarding the overall direction of land use planning. The Commission reviews
and makes recommendations regarding comprehensive land use planning and
fosters mutual communication with the public on land use issues. The
Commission is responsible to the City Council for making recommendations on
land use plans and policies that are coordinated with other City plans, policies,
and junctions. "
II. Re: Section 2.12.060 B. The Planning Commission shall have the powers and
duties to: 1.
We believe the following language has the same meaning as the proposed
language but says it more simply [subsections 1 and 2 are combined]:
"Periodically review the Comprehensive Plan and make recommendations to the
City Council on public processes, studies, and potential revisions to the Plan.
Work in conjunction with other city citizen advisory commissions, boards, and
committees to ensure coordination [of the] various elements of the Comprehensive
Plan."
III. Re: Section 2.12.060 B-2 [the second one].
We agree with the proposed wording:
"2. Render quasi-judicial decisions on land use applications and appeals of
administrative land use decisions as prescribed by the Ashland Code and Oregon
state law."
IV. Re: Section 2.12.060 B-3:
We offer a slightly reworded version for greater accuracy but no policy change:
"3. Conduct public hearings and make recommendations to the City Council on
planning issues and legislative changes to land use regulations and ordinances. II
V. Re: Section 2.12.060 B - 4.
In order to be unambiguous, we suggest inserting the following language at the
start of the existing sentence [the entire sentence is included]:
"To implement Council direction, meet with other city and county planning
bodies in the Region on issues that affect City land use planning, and make
recommendations to the City Council on Regional land use issues in general. II
VI. Re: Section 2.12.060 B - 5.
The new wording has expanded the scope of the Commission's original proposal
regarding environmental quality and sustainability, to include 'multi-modal
transportation and the retention and creation of family wage jobs'. The
Commission needs to determine its position on this change - we have no
suggestions. The full wording is as follows:
" Study and propose land use measures as may be advisable to support
environmental quality, sustainability, multi-modal transportation,and the
retention and creation of family wage jobs."
VII. Re Section 2.12.060 B - 6.
The Commission should review the following proposed language, which we
believe is consistent with the Commission's original proposal. We think it could
identify an important "outreach" role for the Commission in future visioning and
other planning processes:
"Foster public awareness and involvement in all aspects of land use planning in
the community. "
VIII. Re: Section 2.12.010 - CITY PLANNING COMMISSION - Created.
The draft language being proposed to the Council changes the provision, "...not
more than two (2) of whom may be nonresidents" to "...not more than two (2) of
whom may reside outside the City limits, within Urban Grown [sic] Boundary."
(This refers to who is eligible to serve on the Commission.)
The Commission didn't propose this change, which we feel may be overly
restrictive, although the old language may be too permissive (for example, could
someone from Seattle serve on the Commission under the current language?).
We suggest as an alternative replacing "within Urban Grown Boundary" with
"and within the area six (6) miles adjacent thereto", which is taken from A. 9 of
the current Powers and Duties. Our reasoning is that this area is of significant
interest to the City now and possibly more so in the future and it could be
desirable to have its perspective represented on the Commission. (All
Commissioners would still have to be nominated by the Mayor and approved by
the Commission.)
The new section would read in full as follows:
II There is created a City Planning Commission of nine (9) members, to be
appointed by the Mayor and confirmed by the City Council, to serve without
compensation, not more that two (2) of whom may reside outside the City limits
and within the area six (6) miles adjacent thereto. "
CITY OF
ASHLAND
Council Communication
Transit and RVTD Update
Meeting Date:
Department:
Secondary Dept.:
Approval:
March 4, 2008
PW Engineering
Administration
Martha B nn
Primary Staff Contact:
E-Mail:
Secondary Contact:
Estimated Time:
Paula Brown - 488-5587
paula@ashland.or. us
Ann Seltzer - 552-2106
ann@ashland.or.us
Question:
Does Council have feedback and direction about the current use of the Rogue Valley Transportation
District (RVTD) fixed route bus system and the Valley Lift program within Ashland and staffs budget
recommendations for transit funding for FY 2008-09?
Staff Recommendation:
Staff suggests continuing to allocate $290,000 to transportation services. At this time, the future of
RVTD services and definitive transit needs for Ashland into FY 2008-09 is not clear. For budgeting
purposes, staff suggests Council continue on the same course as the past two years. This will allow the
City's transit analysis to continue with the updated Transportation System Plan (TSP) and allow
RVTD's initial funding mechanism to be tested through the next election and budgeting process.
For planning purposes, staff is suggesting a 3.5% funding increase to the services provided by RVTD
for a cap of $217,500 and allocating the remaining amount of $72,500 for increased transit services as
identified in the transit planning documents from HDR's TSP Update analysis.
Background:
The RVTD Board adopted their Long Range Plan on December 20, 2007 (Executive Summary
attached). Their Plan projects four possible revenue scenarios through 2017. The scenarios represent
likely funding basis and illustrate expectations of revenue potential. Of the four revenue scenarios, two
include new sources; an employer payroll tax to be used in addition to the current revenue stream, and
a property tax increase. All of the scenarios project a leveling-off of revenues from state and federal
grants - a reasonable expectation given the experience of other transit districts. RVTD has a greater
understanding of the district's revenue options and will continue to evaluate which revenue scenario(s)
will best serve the needs of the Rogue Valley community. However, at this time, there is no firm
decision or answer to the revenue needs to meet the growing service demands. Ashland has service
needs that cannot yet be met with the current R VTD revenues.
The contract between Ashland and RVTD for the current fiscal year (FY) 2007-08 continued at the
same service levels as the FY 2006-07 agreement (FY 2007-08 agreement is attached). The City
allocated $210,000 to buy down RVTD's fixed route (Route 10) bus fare in Ashland (riders pay $0.50
and the City pays $1.50), buy down the cost of Valley Lift transit rides in Ashland up to a total of
9,800 rides per year (riders pay $1.00 and the City pays $3.00), and to pay for net operating costs for
Valley Lift services that exceed 9,800 rides per year at $15.54/ride. RVTD provides monthly ridership
numbers and bills the city on a quarterly basis for actual riders.
Page 1 of 3
030408 RVTD Transit Update.CC.doc
r.,
The FY 2006-07 total R VTD rides provided was
104,080; 92,819 riders on the fixed route and 11,261
utilizing the Valley Lift program. This equated to an
overall expenditure of just over $191,332, well within
the $210,000 cap.
This year's ridership numbers indicate a current
down trend of 9% less in fixed route riders and a
significant increase of over 13.5% in Valley Lift
services. Assuming that these trends hold for the
remainder of the year, the Valley Lift ridership will
well exceed the 9800 cap and the overall ridership
will decrease by about 5%. Staff assumed a 15%
increase in Valley Lift and an 8% decrease in Fixed
Route through the end of the year and as such the
total bill for the City will be approximately $206,500,
just below the target cap of $21 0,000. The Valley
Lift program provides essential services to those with
specific needs. The City will continue its discussions
with RVTD to ensure those services are correctly
utilized.
CITY OF
ASHLAND
Fixed Route Ridership
-1-- ---
&ill -;;:::/'- - /'J~ .......i..
7000 , '
6000 . ... ;
I
5000
4000
- FY08
- FY07
3000
2000
1000
o
\.;y '?-v% c,v'< 00- ~o"" <::l \c&:" ,0' ~~ ,?-,<' ~~ \J:'
-FYOS
- FY07
,~ '!-$; c.J-~ oC> ~""" <;f" ,,>'" '<.<5' ~~ '!-~ ~,>'1 ,$'
During the RVTD contract development and budgeting process for FY 2007-08, Council further
requested the City purchase reduced fare passes in the amount of $3,000 to provide more affordable
access for students and seniors; $1,000 was allocated for low-income Seniors 62 years and over; and
$2,000 for Ashland High School students, equating to 86 Reduced Fare passes. For FY 2007-08 to
date, this program has provided the Ashland Senior Center with 12 full fare passes and 11 reduced fare
passes between November and March for a total of$I,085. Ashland High School will have used 57
reduced fare passes by the end of May.
As a recap, the City's FY 2007-08 budget allocated $290,000 to be used towards public transportation.
RVTD's contract is not to exceed $210,000, plus an additional $3,000 for passes, leaving $77,000.
This remaining allocation was proposed for transit planning with a caveat to not necessarily spend it
all. With Council's approval (consent agenda for March 4,2008) of the amendment to the
Transportation System Plan Update, the transit analysis will be added to HDR's contract to define the
true transit needs for Ashland. As described in that staff report, the amendment will utilize up to
$42,000 of these additional funds to conduct a comprehensive review of the current public
transportation services, operations, ridership, funding sources, para-transit, and other transit services.
They will conduct stakeholder interviews and hold public meetings. Upon this review and assessment,
HDR will then provide recommendations to meet current and future needs and hold a public workshop
to present this information.
As the future for transit services for FY 2008-09 is not clear, staff suggests council continue on the
same course as the past two years for initial budgeting purposes. This will allow the City's transit
analysis to continue with the updated Transportation System Plan which should be completed in May
2008, and allow RVTD's initial funding mechanism to be tested through the next election and federal /
Page 2 of 3
030408 RVTD Transit Update.CC.doc
rA'
CITY OF
ASHLAND
state budgeting process. Staff suggests continuing to allocate $290,000 to transportation services and
for planning purposes, staff is suggesting a 3.5% increase for the services provided by RVTD for a cap
of $217,500 and allocate the remaining amount of $72,500 for increased transit services as identified in
the transit planning documents from HDR's analysis. This additional transit service allocation would
come before Council prior to any actual funding expenditure.
Related City Policies:
Ashland Municipal Code
Ashland's FY 2007-08 Budget
Ashland's Transportation System Plan
Ashland's Transportation Element of the Comprehensive Plan
Council Options:
Council has three general options:
1. Accept staffs budget recommendations for transportation and RVTD Services for 2008-09;
2. Accept staffs budget recommendations for transportation and RVTD Services for 2008-09
with adjustments and/or additional stipulations as presented during the council discussion,
3. Deny staffs budget recommendations for transportation and RVTD Services for 2008-09 and
request staff provide additional information or clarifications for a future meeting.
Potential Motions:
Council moves to:
1. Accept staffs budget recommendations for transportation and RVTD Services for 2008-09;
2. Accept staffs budget recommendations for transportation and RVTD Services for 2008-09
with the following adjustments and/or additional stipulations,
3. Request that staff provide additional information and clarification regarding the budget
recommendations for transportation and RVTD Services for 2008-09 and return at a future
meeting.
Attachments:
RVTD Long Range Plan Executive Summary ~ adopted December 20,2007
FY 2007-08 Agreement between the City of Ashland and RVTD
Page 3 of 3
030408 RVTD Transit Update.CC.doc
r.,
I. Executive Summary
Regional and Historical Context
The Rogue Valley Transportation District (RVTD) serves most of the urbanized
area in Jackson County, OR with public transit and paratransit services. It also
serves other roles such as providing medical-purpose transportation for
Medicaid clients, coordination with other government agencies for
transportation planning and houses the region's rideshare program.
The region served by RVTD has a rapidly growing urban population, with large
areas recently re-designated as "urban" rather than "rural" by the federal
government due to their population size. Population projections include higher
than average senior and workforce demographics that may depend on public
transportation. Historically, development has been at low and very low
densities, creating a highly challenging environment for transit service.
However, much of the region's development - particularly its commercial and
industrial activity - has occurred along a corridor that follows the region's
primary rail line. This pattern has enabled RVTD to provide access to the large
majority of the region's jobs, and nearly half its households, with a surprisingly
low number of route miles. However, strong development pressures elsewhere
may significantly alter this centralized development pattern in the future.
RVTD is supported primarily by federal and state grants, augmented by a small
property tax assessment of $0.17 per thousand, passenger fares, and a variety
of additional minor revenue sources. Ridership has steadily increased for many
years, but escalating operational costs has outpaced revenue growth, especially
with regard to paratransit service. The budget was balanced by increasingly
vigorous grant procurement until the 2006-2007 fiscal year, when budget
limits forced two important routes to be discontinued. Projections anticipate a
growing gap between costs and revenues, given the District's current revenue
structure. (This is discussed in more detail in the body of this Plan.)
RVTD Mission and Goals
On August 23, 2006, the RVTD Board of Directors adopted the following
mission statement to guide services, operations and staff goals through 2017.
"Rogue Valley Transportation District's mission is to provide quality
public transportation, viewed by residents and visitors as a realistic
and viable alternative to the personal automobile, and to thereby
improve the quality of life in the Rogue Valley."
The Board of Directors also adopted four new goals in the categories of Social,
Organizational, Economic and Environmental policies listed below in Figure
1.1. Each goal has an example implementation mechanism of how it could be
achieved. Measurable objectives for this Ten-Year Plan are described in
chapter XI and listed in Appendix N. The 2007-2017 goals replace the goals
from the District's previous Ten-Year plan, which are summarized in Appendix
A in conjunction with their accomplishments.
2
Figure 1.1 RVTD's Adopted Goals
GOAL OBJECTIVE IMPLEMENTA TION
CA TEGORY EXAMPLE
SUPPORT EQUITABLE To consult with transportation-
ACCESS TO
TRANSPORTATION disadvantaged community.
SOCIAL
IMPROVE QUALITY OF Improve transit access design
LIFE standards, including bus stop and
other passenger amenities.
ENSURE THE Comply with Federal Transit
EFFICIENT USE OF Administration guidelines
TRANSIT regarding vehicle replacement,
INVESTMENTS rehabilitation and expansion.
MAl NT AIN OVERALL Expand service hours to include
SERVICE QUALITY earlier momings and later
WHILE INCREASING evenings on appropriate routes.
SERVICE LEVELS Preferred 4AM to lOPM.
ORGANIZA TIONAL Identify 'key partners' and
IMPROVE
COMMUNICATION establish working group to meet
WITH KEY PARTNERS at least once per year.
IMPROVE INTERNAL Hold monthly staff meetings and
COMMUNICATIONS Board Study Sessions.
IMPROVE PUBLIC Install transit schedule and route
OUTREACH/ information in all bus shelters.
MARKETING
SUPPORT ECONOMIC Collaborate with private sector to
VITALITY identify workforce transportation
ECONOMIC needs and transit solutions.
ENHANCE RVTD'S Secure a stable source of funding
FINANCIAL STABILITY to continue current service levels
and allow for expansion.
AIR POLLUTION / FUEL Promote service improvements
that will result in reduced reliance
EFFICIENCY on the automobile.
ENVIRONMENTAL REDUCE SPRAWL Adopt density standards for
transit service extensions.
REDUCE WATER AND Continue the capture and
OTHER POLLUTION recycling of contaminants from
maintenance activities.
3
Revenue Projections
RVTD was established in 1975 as a state-chartered "Transportation District"
under ORS 267.510. As such, it has a limited range of authority to assess
certain taxes as well as fees for services rendered. The District also raises
money from a variety of federal and state grant programs. Every tax, fee, and
grant is governed by state or federal rules that set overall limits and define the
uses for a particular revenue source. A description of RVTD's revenue sources
is provided in chapter IV. RVTD is currently, and will continue to be, faced with
difficult choices regarding the maintenance of service. At current revenue
levels RVTD's Board and staff expect to reduce frequency or discontinue routes
to maintain a balanced budget each year as required by Federal law. This Ten-
Year plan establishes revenue projections which indicate the urgency in
identifying and securing new funding sources. The projected revenue with
current resources and costs of service within the time horizon of the Plan is
shown in Figure 1.2.
Figure 1.2 Revenue and Costs Projection Through 2020
Rogue Valley Transportation District
Resource and Cost Projections
Current Resources and Service Levels
$2,000,000
$12,000,000
$10,000,000
$8,000,000
$6,000,000
$4,000,000
$-
2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020
- Estimated Resources Current Level
- Total Costs
4
For the purposes of this Plan, four possible revenue scenarios were projected
through 2017. The scenarios are intended to represent likely funding bases,
and to illustrate a realistic range of revenue potential. Of the four new revenue
sources, two include a new source, an employer payroll tax, to be used in
addition to the current revenue stream. One of the scenarios includes a small
property tax increase. All of the scenarios project a leveling-off of revenues from
state and federal grants - a reasonable expectation given the experience of
other transit districts as they have grown in size (see discussion in chapter IV -
Revenue). Elements of the revenue scenarios are summarized in Figure 1.3.
With the preparation of this Long Range Plan, the Board and staff will have a
greater understanding of the district's revenue options. Once the Long Range
Plan has been adopted, RVTD will discuss which revenue scenario will best
serve the needs of the Rogue Valley community. A Strategic Business and
Operations Plan will follow and be written to extrapolate on the preferred
revenue option.
How the Long Range Plan prepares a Strategic Business Plan
Key differences exist between a Long Range Plan and a Strategic Business and
Operations Plan. Possibly the most important difference is the governing
structure of the District does not mirror that of a business structure. A
business looks at profit, margins, feasibility, marketability and sales per square
foot among other factors. RVTD examines instead federal and state funding
that is either appropriated or competitive, ensuring each route is productive
using passengers per mile analysis, understanding fare elasticities, balancing
capital purchases and operation expenses to list a few. Many of these factors
are cross compatible. For example starting a business can be similar to
starting a new route. Just as a business would conduct a feasibility study,
RVTD would project ridership demand. In many ways, RVTD conducts
business, like a private enterprise.
Figure 1.3 Summaries of Revenue Scenarios
Linear projection Assessment No change from No change from
of Transit increase from
District $0.17 to $0.25 current $0.17 current $0.17
Property assessment per $1,000. assessment. assessment.
Forecast increase Forecast increase
Taxes average annual Forecast increase in asset in asset
dollar amounts in asset valuations at rate valuations at rate
from last nine valuations at rate of 3.55%/year. of 3.55%/year.
years. of 3.55%/year.
Rate unchanged. Rate unchanged. Rate unchanged. Rate unchanged.
Fares Ridership growth Ridership growth Ridership growth Ridership growth
based on '96-'05 based on '96-'05 based on '96-'05 based on '96-'05
expenence. experience. expenence. expenence.
Linear projection Increase to Increase to Increase to
Service $200,000 by $200,000 by $200,000 by
Agreements* of growth over 2010, and then 2010, and then 2010, and then
last nine years. plateau. plateau. plateau.
$0.003
assessment in
$0.003 2008, increasing
assessment in by 0.1 % every
Local 2008. OED four years until
Payroll None. None. forecast for job maximum
Assessment growth, plus 1% $0.007. OED
annual wage forecast for job
growth. growth, plus 1%
annual wage
growth.
State Payroll Increase at Increase at Increase at Increase at
Assessment 2%/year. 2%/year. 2%/year. 2%/year.
Grants will Grants will Grants will Grants will
State & stabilize at about stabilize at about stabilize at about stabilize at about
Federal $3.1 million $3.1 million $3.1 million $3.1 million
Grants beginning in beginning in beginning in beginning in
2007. 2007. 2007. 2007.
* Bus Leases, advertising, service subsidies, etc.
6
RVTD's Strategic Business and Operations Plan will focus on the servIce
improvements provided through the revenue scenanos. As you will see, the
Long Range Plan includes material that goes beyond revenue projections and
would not be appropriate in a business plan. Conversely, the Strategic
Business and Operations Plan will include material that is not appropriate for
the Long Range Plan, such as the public and legislative process for securing
the preferred revenue base to expand service. These documents will
complement each other and the Strategic Business and Operations Plan could
not occur without the Long Range Plan preparation. RVTD hopes to provide
useful tools through these documents for the community to make an informed
decision on RVTD's future.
Service Alternatives
The extent and quality of transit service that RVTD can offer is, of course,
dependent on the resources available. A computer model was developed for the
ten-year planning horizon, designed to project the costs of various service
scenarios. The model was based on cost units derived from RVTD's past
experience and on federal rules for the provision of paratransit. Two
fundamental cost units were used - hours and miles for fIxed route service,
and a factor based on a percentage of costs for the district's paratransit service.
For fixed route service, the cost units are based on vehicle miles, hours of
service and operations. For paratransit, the cost unit is based on current
demand and cost per route. All operational, capital, and administrative costs
were calculated and projected to the plan horizon based on inflation, cost of
fuel and personnel, depreciation of capital assets and the anticipated purchase
of additional equipment as demand increases. The characteristics of
prospective service scenarios (e.g. route miles, service hours) were input to the
model, which projected costs for each service scenario to the time horizon for
the plan. Figure 1.4 is a map reflecting the priorities for implementing future
service enhancements, discussed more in chapter V.
7
Figure 1.4 Planned New Service Areas
8
RVTD / CITY OF ASHLAND - AGREEMENT FOR SERVICES
July I, 2007 - June 30, 2008
Agreement made effective July 1,2007 between Rogue Valley Transportation District
(RVTD) and the City of Ashland (City).
RVTD and City agree:
I. REDUCED FARE PROGRAM. In order to encourage and increase RVTD ridership
within the City, the City will reduce the cost of fixed route fares within the City from
$2.00 to $.50, and will reduce the Valley Lift paratransit fares within the City from $4.00
to $1.00.
1.1 Contract will begin on July 1,2007, and will end on June 30, 2008.
1.2 R VTD will provide $.50 fare service on fixed route buses and $1.00 fare
service on Valley Lift paratransit buses to passengers picked up and
delivered within the City.
1.3 RVTD will bill City for the reduced fares described above based on the
actual number of rides provided within the City. Rides will be detailed in
a monthly ridership report completed by RVTD, and bills will be
submitted on a quarterly basis.
1.4 RVTD will also bill City for the operating costs of providing Valley Lift
service if ridership exceeds 9,800 passengers per year. The billed amount
shall equal $15.54 per ride over the 9,800 passenger threshold and shall
apply to the period of July 1,2007 through June 30, 2008.
1.5 City will remit to RVTD, on a quarterly basis when billed by RVTD,
$1.50 for each fixed route ride and $3.00 for each Valley Lift paratransit
ride provided by RVTD within the City.
2. CONSIDERATION: Total payments to RVTD will not exceed $210,000 per
fiscal year.
2.1 In the event that the $210,000 annual allotment from the City will
belbecomes exhausted prior to the end of the fiscal year, the program for
that fiscal year will end and fixed route and Valley Lift paratransit fares
will revert to standard RVTD fares for the balance of the fiscal year.
2.2 If either RVTD or City wishes to modify this agreement, both parties shall
meet to negotiate modifications to the agreement.
G:lpub-wrksladminIPB CounciIIStreet_Sidewalk_RR misclRVTD ash land contract 17Jul07.doc
Page 1 of 3
3. TERMINATION:
3.1 Termination for Convenience. This agreement may be terminated by
either party for that party's convenience upon thirty days notice in writing
to the other party. RVTD shall be compensated for all services performed
under this agreement up to the effective termination date.
3.2 For Cause. Either party may immediately terminate this agreement for
cause upon delivery of written notice to the other party or such later date
as may be established by mutual agreement, under any of the following
conditions;
3.2.2 If federal or state laws, rules or regulations are modified,
changed, or interpreted in such a manner that the services
are not longer allowable or appropriate under this
agreement;
3.2.3 If any license or certification required by law or regulation
required for the provision ofthe services under this
agreement is for any reason denied, revoked, suspended, or
not renewed.
4. Publicity. Any publicity or advertising regarding the program by the City shall
first be reviewed by RVTD for accuracy and must acknowledge the support of RVTD.
RVTD will provide City with appropriate logo for this purpose.
5. Access to Records. The City and its duly authorized representatives shall have
access to the records of R VTD and any subcontractors which are directly pertinent to this
Agreement for the purpose of making audit, examination, excerpts, and transcripts.
6. Workers Compensation. RVTD, its subcontractors, if any, and all employees
working under this Agreement are subject employers under the Oregon Worker's
Compensation Law and shall comply with ORS 656.017, which requires them to provide
workers' compensation coverage for all their subject workers.
7. General Liabilitv RVTD, its subcontractors, and all employers working under this
Agreement shall comply with Oregon State Laws related to workers compensation,
employment, payroll taxes and general liability for loss of property, injury to riders or
others.
8. Living Wage RVTD shall comply with chapter 3.12 of the Ashland Municipal
code by paying a living wage, as defined in this chapter, to all employees performing
work under this Agreement and to any subcontractor who performs 50% or more of the
service work under this Agreement. R VTD shall post the attached notice predominantly
in areas where all employees can easily see it.
G:lpub-wrksladminIPB CouncillStreeCSidewalk_RR misclRVTD ashland contract 17Jul07.doc
Page 2 of 3
9. Miscellaneous Provisions
9.1 Force Majeure. Neither party shall be responsible for delay or default
caused by fire, flood, riot, acts of God, and/or war which are beyond the
party's reasonable control. RVTD may terminate this Agreement by
written notice after determining such delay or default will reasonably
prevent successful performance of this Agreement.
9.2 Amendment. The terms of this Agreement shall not be waived, altered,
modified, supplemented or amended in any manner whatsoever without
prior written approval of RVTD and the City.
9.3 Waiver. Either party's failure to enforce any provision of this Agreement
shall not constitute a waiver or relinquishment of its right to such
performance, nor of its right to enforce any other provision of the
Agreement.
9.4 Federal Government Not A Party. The Federal Government is not a party
to this Agreement and shall have no obligation to any third party absent
the Federal Government's express written consent.
9.5 Attorney's Fees. In case of suit, action, proceeding, or arbitration to
enforce any rights or conditions of this Agreement, it is mutually agreed
that the losing party in such suit, action, proceeding, arbitration or appeal
shall pay the prevailing party therein a reasonable attorney's fee in such
amount as set by the court or arbitrator hearing such suit, action,
proceeding, arbitration or appeal.
9.6 Entire Agreement. This instrument constitutes the entire agreement
between the parties. No representations, warranties, promises, guarantees
or agreements, oral or written, express or implied, have been made by
either party hereto with respect to this Agreement or the vehicles,
equipment or drivers to be provided hereunder.
ROGUE V ALLEY TRANSPORT A nON DIST
CITY OF ASHLAND
By
Martha Bennett
City Administrator
By
Julie Brown
General Manager
Reviewed as to form:
Reviewed as to form:
By
Richard Appicello
Acting City Attorney
Date:
By
David Lohman
Legal Counsel for RVTD
Date:
G:\pub-wrks\admin\PB Council\StreeCSidewalk_RR misc\RVTD ashland contract 17Jul07.doc
Page 3 of 3
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Ashland Land Use Ordinance Amendments
February 19,2008 Primary Staff Contact: Bill Molnar
Community Development E-Mail: bill@ashland.oLus
Secondary Contact: Richard Appicello
Estimated Time: 1 hour
Statement:
Should the amendments to the Ashland Land Use Ordinance that 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 several hearings, discussion and deliberation.
Background:
Staff handed out a summary of key issues at the January 15, 2008 Council meeting. The summary was
used to focus Council discussion and deliberation on specific areas believed to represent the most
significant changes contained within the package of proposed ALUO amendments. The following
recap of Council action on each of these items has been provided.
Does the Council want to adopt the provisions that would make the Planning Commission's
decision on Type I applications final, with the next appeal to the Land Use Board of
Appeals? "
The Council approved, by a motion, the amendment as proposed, which would make the
- Plalllliug Conullission's decision final in the case of an appeal of a Type I application.
Further appeal of the Planning Commission's decision would be to the State Land Use
Board of Appeals (LUBA).
Does the Council want to adopt provisions that allow a building with a 100-foot length or
width, and that is less than 10,000 square feet in size to become a Type I decision (with
appeal to the Commission)?
The Council, by a motion, decided not to incorporate the proposed change, but rather retain
the existing language in the Land Use Ordinance that requires a public hearing under a
Type II Procedure for buildings longer than 100 feet in length or width and located within
the Detail Site Review Zone (18.72.050).
Additionally, the Council decided to make conditional use permit applications involving an
"Electrical Substation" within a Commercial or Industrial Zone subject to a public hearing
Page 1 of 3
CC - ALUO Amendments - Feb 19,2008
r~'
CITY OF
ASHLAND
under the Type II procedure, rather than an administrative approval by the Community
Development Director under a Type I procedure.
Does the Council want to permit there to be an Evidentiary Hearing by stafffor Type II
decisions? Ifso, does the Council wish to define specific criteria for these hearings?
While there was some discussion, the Council did not make a decision on this item.
Does the Council wish to adopt the provisions that allow for an application for an
interpretation of the Land Use Code?
The Council, by motion, took action to delete the amendments proposed to 18.108.160-
Interpretations, which would have allowed the filing of a request for an interpretation when
accompanied by a fee and submitted on a written form approved by the City Administrator.
Consequently, existing language concerning ordinance interpretations will be retained.
This maintains the Community Development Director's current authority to interpret the
Land Use Ordinance and render a written interpretation at his/her discretion. The
Director's interpretation is forwarded on to the Commission and Council for review, where
it is subject to being modified or approved as presented.
Does the City Council want to adopt a process that requires appeals to the City Council from
the Planning Commission to be held "on-the-record?" If yes, then the Council needs to
discuss the scope of the proceedings, as well as define the criteria that the City Administrator
would use when making a decision to allow a partial de-novo hearing?
There has been considerable discussion on this item. Additional language (18.108.110)
concerning on-the-record appeals and the scope of the proceedings was suggested at the
February 5th Council meeting that addressed a number of Council's questions and
concerns. Some of the changes include:
,/ A reopemng ot the recoral6 consIder new eVIdence on a IImIfed basIs;
,/ An opportunity for oral arguments from the applicant, appellant and other
parties. However, a party would not be permitted oral argument if written
arguments had not been submitted within 14 days prior to Council's
consideration; and
,/ Upon recommendation of the City Administrator, the Council to remand the
matter back to the Planning Commission in the case where new evidence was
entered into the record.
Related City Policies:
City of Ashland Comprehensive Plan
Page 2 of 3
CC - ALUO Amendments ~ Feb 19,2008
r~'
CITY OF
ASHLAND
Potential Motions:
1. Move to approve first reading that includes the proposed amendments to the Land Use
Ordinance as recommended by the Planning Commission and Staff, and request that the
ordinance be brought back for second reading.
2. Move to approve first reading that includes the proposed amendments to the Land Use
Ordinance as recommended by the Planning Commission and Staff with the revisions as
suggested by the Council, and request that the ordinance be brought back for second
reading.
3. Move to table the proposed ordinance amendments.
Attachments:
. ALUO Amendments - Ordinance for 1st reading
. Questions from Councilor Hartzell
· Summary of Key Issues - January 15, 2008 - meeting handout
Page 3 of 3
CC - ALUO Amendments - Feb ) 9,2008
r~'
Questions on ALVO Changes
From: Cate Hartzell, City Council
I want to put this out so that staff and Councilors have a chance to see the topics I am still concerned
about. I am not inviting comments from Councilors, obviously, until the meeting.
Since changing something later that gets overlooked in this process could result in the need for costly
notice, I hope we will have a structured, thorough, and productive discussion. I appreciate the time that
Alice and Kate spent (separately) listening and talking about these changes with me; it contributed to
my thinking about them.
Outstanding Issues:
1. Fee Language:
? What is the proposed list of Type 1 actions that would be subject to this fee if a citizen chose to
request that the PC hear it?
Concerns:
· Creates an inequitable system of access by adding a cost not currently there and by increasing
the number of situations than currently fall under it. Also requires a cost to move past the
administrative part of the government to the appointed, citizen part of the government.
· If the authorizing language for a fee is adopted, it won't be long before it is assessed.
2. Porous surfaces: 108.08.160
? Is this proposed change runoff neutral?
? How much water does a porous solid surface capture as a percentage of ( compared to) how much
undisturbed ground captures?
? Ifthis is intended to be an incentive to increase groundwater regeneration or reduction of runoff
through the use of porous solid surfaces, then how much of the existing allowable impermeable surface
area would have to convert to permeable to achieve a no-net increase of runoff from a 5% increase in
solid surface?
? Mark Knox mentions "normal" being removed but my draft shows it being left in. Is there a
meaningful difference?
?Why was "structures" removed and is "solid surface defined?"
Concern:
------.-----raon't think we should be adopting changes that increase runoff potential, certainly without
analysis of its impact of the Stormwater Master Plan and cost to citizens.
3. Under the proposed set of changes, where is the section on how CC can initiate a formal review of
PC decisions?
4. Permit extensions:
? What leads to requests for extensions?
? Is this a perverse incentive that could lead a builder 18 months rather than 12 to change a rule that
affects the approved project so that they are able to build under a set of rules different than what was in
place when initial approval was given?
?Ifthe goal is simplification, wouldn't it be simpler to only extend for one year, since stafftime will be
required to ensure that no law has been adopted in that year that could affect the project?
5. Yard setbacks (pg 21)
? Changes here involve the half story and enclosed vs. unenclosed porches. Why the change?
6. Traveler accommodation: 18.28.03016 pg 16
? The proposal is to eliminate CUP process from the change in ownership. Would an increase in the
number of units or a change in the level or type of business activity trigger a CUP review? What is
motivating this change?
7 . Yard Definition 18.08.830
In the definition of yard, Mark Knox questioned the removal of "from ground up;" Is "unobstructed"
defined?
8. ARU: 18.24.040 (pg 13)
? In his comments, Mark Knox addresses parking issues in Historic District and a potential that owners
could exceed maximum house size by building an ARU that they later convert out ofthat use. How are
these comments addressed, if at all?
9. Fire Code changes: 18.76.060B
? In my review of minutes from the Oct 3, 2006 Council minutes and packet don't show that Council
decided to provide for staff to waive this part of the code? What lead to it being proposed?
Concern :
· In the past, there appears to have been less emphasis placed on fire safety in order to
accommodate development. While there are sometimes unique circumstances, what is proposed
appears overly-broad to me.
10. DeNovo vs. On the record appeals at Council level
? What is the identifjed problem that staff is trying to address with this option?
? Is there a way to address this identified problem through a modification of the Denovo process?
What are those alternatives?
? Which of the proposed changes in this ALUO Omnibus package will affect the problem we are
trying to solve?
? Has staff ever seen a situation where an applicant presents a proposal to modify a project at an appeal
hearing that was not included in the materials the public has access to? (Otis Street, Unitarian Church?)
-------cwnat are examples 01 appeals that went to CouncIl and had the deCISIOn ot the Plannmg CommIssIon--
changed? What led to City Council making a different decision?
Land use law allows an applicant to change their proposal as it moves through the process. Is it
possible for an applicant to agree to new conditions after an appeal has been filed, prior to the appeal
hearing? How would an "on the record" appeal affect the public's ability to address such a change?
? What's the remedy/penalty when written or oral testimony is NOT on the record?
? How many towns our size in Oregon hold de novo appeal hearings?
? Why was staffs recommendation to have the City Administrator decide about de novo criteria,
instead of the City Attorney?
Concerns:
· Unless someone has presented to the City Council/elected body at land use hearings, it's hard
to know what it's like to get 3 minutes to explain what is often complex land use arguments.
The public is often competing against paid experts. When a project changes between the initial
approval at Planning Commission and the appeal, the public is handicapped in being prepared
to respond to that change.
2
· There are examples where the record for a project (Fordyce, Glenn) didn't have key
information in it when it came to Council on appeal. It's not appropriate for the Council to look
for it, but I have seen members of the public bring it forward because an issue didn't crystallize
until after the Planning Commission held its deliberations (after the Hearing is closed).
Evidentiary Hearing
? What's the impact of this on a citizen's ability to participate in land use process later? Does it create
standing that is the same as if they testify or submit written comments in the hearing before the
Planning Commission?
? When does the record of the EH become available?
? Are Planning Commissioners, other Commissioners, and City Councilors kept out of the EH because
of ex-parte contact issues?
? Will there be an audiotape of the EH and will that become part of the public record?
Concerns:
· The EH becomes part of the public record but is actually scoping done by staff, informally. It
should be inaccessible to the Planning Commission/Council and citizens will have to rely on
staff to have their issues heard and represented accurately.
· In concept, I agree with scoping for issues and providing clarity to the interested public. The
EH may save time in the long run on some projects, but it could also be a step that a project has
to go through in addition to a pre-app that requires staff time.
Additional Questions on ALUO Changes
2.04.08 (Email)
1. What is now proposed to be in Type !? I can't find a complete list
anywhere. I know the PP presentations show partial lists, but I should be
able to go to a page and see all of them.
2. Can you help me understand how it is in the public's best interest
to extend the approval period for a planning approval from 1 year (yes, with
a renewable) to 18 months? I get how it helps the landowner, but how does it
hclp thc genel al public, especially during a penod Where ordinances and
land use law is targeted for change?
3. What is staff s reasoning behind having a city administrator make
decisions about appeals (on the record) instead of the city attorney?
4. ARU: What percentage of our R-2 and R-3 is built out?
5. when someone is building an ARU in R-@ or R-3 under the proposal,
they have to comply with density and lot coverage, right? Do they have to
comply with the minimum density rules? Here's what I am wondering: we zoned
R-2 and R-3 because we have to have that land classification available.
Assuming there's land in those zones not built to capacity, if we allow ARUs
in those areas, don't we dilute the potential for those parcels to carry the
3
allocated level of density? Let's say I have a parcel that allow me to build
10 units; let's say there's a triplex on it now and I want an ARD. I build a
500 sf building. Is it likely that when I sell it, the next owner could
build the other 6 units? I envision a 500 sf ARU taking up space that could
be needed for the other 6 units, but our demolition ordinance and our own
ethic doesn't want to see the ARU torn down, or the triplex ifit's fairly
new. Aren't we losing the density we targeted for by letting the ARU in?
Don't we also complicate things when we allow ARUs into areas where density
requires parking spaces and we're tossing in a car without an honest space
to park it?
6. Why doesn't staff's recommendation (now the PC's) include requiring
ARUs to be affordable? It appears to be a giveaway, and given that the
housing opportunities for low income people are still not great, why would
the city opt to give landowners that financial advantage without asking for
anything in return? One answer has been that people presume we'll get a
percentage of affordable housing out of it, but there's been no information
obtained to say how accurate or far off that assumption is, has there?
4
CITY OF
ASHLAND
Key Issues Summary
January 15,2008
1. Does the City Council want to adopt a process that requires appeals
to the City Council from the Planning Commission to be held "00-
the-record?"
If yes, then the Council needs to discuss the scope of the proceedings. This would
include:
./ The level of oral participation - no testimony, testimony limited to the applicant
and appellant, testimony limited to people who have standing (provided written or
oral testimony prior to the close of the record) or testimony by anyone who
wishes to appear (limited to facts in the record)
./ Nature of arguments - Limit arguments raised before the City Council to those
that were raised in the letter of appeal and as set forth in the notice of appeal.
./ Decision is supported by substantial evidence - The Council would evaluate
whether or not the Commission's decision was supported by substantial evidence
in the whole record.
./ Appropriate application of the law - The Council would determine if the
Commission improperly applied ordinances or other law
If yes, then, does the Council wish to more clearly define the criteria that the City
Administrator would use when making a decision to allow a partial de-novo
hearing?
Such criteria may include:
./ That the Planning CommissIOn commItted a procedural error that prejudiced the
requesting party's substantial rights and that reopening the record is the only
alternative to correct the error; or
./ That new evidence material to the decision on appeal exists and could not have
been presented to the hearing body (e.g. a new study). A requesting party may
only qualify for this exception if he or she demonstrates that the new evidence
concerns an unanticipated event which occurred after the close of the hearing
before the hearing body. This exception shall be strictly construed by the Council
in order to ensure that all relevant evidence and testimony is submitted to the
hearing body.
Key Issues Summary - 1.15.2008
Page 1 of 3
2. Does the Council want to adopt the provisions that would make the
Planning Commission's decision on Type I applications final, with
the next appeal to the Land Use Board of Appeals?
Some items to consider:
.-' Gives greater weight to the Planning Commission and their decisions.
.-' More staff time would be taken at the Commission level to prepare the findings of the
decision. Since this is the final decision of the City, additional details may be added
to the findings in order to support and uphold the Commission's decision.
.-' Provides greater flexibility to ensure that the City makes a decision on a land use
application within the 120-day time line required by State statute.
3. Does the Council want to adopt the provisions that allow a building
with a 100-foot length that is less than 10,000 square feet to become
a Type I decision (with appeal to the Commission)?
.-' Planning Director would make the initial final decision with regards to the application
of design standards for smaller commercial projects located along the more visible
commercial corridors (e.g. Ashland Street, Siskiyou Blvd., East Main, Lithia Way,
etc.)
.-' The Planning Commission would review larger buildings of greater than 10,000
square feet where issues of bulk and scale tend to be of interest.
4. Does the Council want to permit there to be an Evidentiary Hearing
by staff for Type II decisions? If so, does the Council wish to define
specific criteria for these hearings?
.-' Provides an early opportunity to ~sk qllf~stions and gain clarity on issues prior to the
public hearing before the Planning Commission
5. Does the Council wish to adopt the provisions that allow for an
application for an interpretation of the Land Use Code?
If so, the Legal Department has raised the following concerns:
.-' Creates a process for advisory decisions that are subject to appeal
.-' Issues of interpretation should be addressed within the context of a planning
application decision (quasi -judicial process)
Key Issues Summary - 1.15.2008
Page 2 of 3
./ If the intent of the provision is unclear, the ordinance language should be
amended.
Key Issues Summary - 1.15.2008
Page 3 of 3
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 ~trucl< through and additions are bold 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 Jaw 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 ____
additioll t111:::relo, 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
Ashland Land Use Ordinance Amendments
First Reading: February 19, 2008-p. 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 18.08.019 - Definition: Accessory Residential Unit, is added to
the Ashland Municipal Code, and reads as follows:
18.08.019 Accessory Residential Unit, A second dwellinQ unit either
attached to a sinQle family dwellinQ or located on the same lot with a sinQle
family dwellinQ and havinQ an indeDendent 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 Dortion of a buildinQ with a floor-to-ceiJinQ heiQht
of not less than 6.5 feet and where fiftv Dercent (500/0) or more of its
erimeter walls are less than six 6 feet above natural rade and does not
exceed twelve (12) feet above finish Qrade at any Doint.
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 Deriod 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 strlu:tl:lrCs, buildinQs. Darking
areas, paved driveways, or other solid surfaces sail distl:lrba,u:es that will not
allow normal water infiltration to the Qround. UD to five Dercent (50/0) of the
lot area havinQ Dorous solid surfaces, such as paths, patios, decks, and
similar surfaces is exemDt from lot coveraQe reQuirements. 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, Section18.08.256 - Definition: Floor areas, gross habitable, is added
Ashland Land Use Ordinance Amendments
First Reading: February 19, 2008-p. 2 _
.~. r
To the Ashland Municipal Code, and reads as follows:
18.08.256 Floor areas. gross habitable. The total area of all floors in a
dwellina measured to its outside surfaces that are under the horizontal
proiection of the roof or floor above with at least seven 7. feet of head
room. excludina uninhabitable spaces accessed solely b~ 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 proiection 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 historicallY sianificant
under the City of Ashland Comprehensive Plan and its implementina
reaulations (e.a. overlay 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. 1=he
fellewing eql:lipment er Eh::...."iEes are exempt:
~. ~~':' ~"" '''''''''".-.:'al ...lEIi" a"lEI telc.,isi"" a"t"""... ::
~"cf~~ ~~~;,:~ ":-~~t ~~:=:-:~:d~ ;~:::. ~::_
2: =:.==.= _;~I~::E~:~~:::~. =,,~:d~s:~ ::E~l
~S:! ~~:;;-;::~s ":,,~~:~.~~:) ::if:~: ~~t~:::ture.
:. ~:::~~: =t:~~: l:InEter three (3) fed i~ di~;;~t~f'.
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 desianed and desianated to provide parking
for a motor vehicle and in compliance with Chapter 18.92 ~arking
standards. : -:::~ ~~ ~....~ eight<:e" (18~=t~ :::::: ~
:::: :=i;:':~ :=':~d..;::~:::~:::::;;: =~,:~~:--e it a
Ashland Land Use Ordinance Amendments
First Reading: February 19, 2008-p. 3 _
:~~~S~~! ~f ~~~~g ather yehieles, said rectangle ta be laEated aft af the
street right af war.
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 plannina application is an
application. other than an application for leaislative amendment. filed
pursuant to the reauirements of this ordinance. A plannina 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 bv eiaht (8) feet in lenath.
"Enclosed means the porch contains wall(s) that are more than fortv-two
42 inches in hei ht measured from finished floor level for fift ercent
500/0 or more of the orch erimeter. "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 recreatp or reassemble a structure or buildilt9
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: February 19, 200B-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 oeroendicular distance from a lot line to
the closest oart of a buildina or structure that is subiect to a setback or yard
reauirement. Architectural oroiections may intrude into reauired setbacks
as set forth in Section 18.68.040. When multi-story setbacks are soecified.
the setback for a story above the around floor is measured horizontallY from
the lot line to the olane of the nearest wall of the uo:er sto;. T~ ~=ee
~~~~~~e .eAter IiAe at B 5tr.et BAd the .~..iBI ~ :~ I~~: ~;I~.~,:
~~~ ~~:~ ~~~~~~n!s are made, measured herlz t I I
angles 'I"em said eenter IInc.
SECTION 16, Section 18.08.651 - Definition: Setback, Special, is added to the
Ashland Municipal Code, and reads as follows: .
18.08.651 Setback. Soecial. The distance between the center line of a
street and the soecial base line setback from which yard measurements
are made. measured horizontally and at riaht anales 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 soace under a slooina roof that has
the line of intersection of the roof and exterior wall face not more than
three 3 feet above the floor leyel below and in which s ace the floor area
with head room of five (5) feet or more occuoies no more than fifty oercent
(500/0) of the total floor area of the story directly beneath.
"I' -
, ""(\0"",.)
.......,..I.4)c;Jtr......~A..&..
-T
'STdOlty
--L
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: February 19, 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 buildinQ included between the UDDer
surface of anv floor and the UDDer surface of the floor next above. exceDt
that the tOD stOry shall be that Dortion of a buildinQ included between the
UDDer surface of the tOD floor and the ceilinQ above. A basement shall not
be considered a stOry. If the wall face of the UDDer most floor at the rear or
side vard setback line is more than three (3) feet above the floor level
below. the UDDer floor shall be considered a stOry for DurDoses of setbacks.
Unenclosed decks. Dorches. 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:
18.08.749. Ster.... That l'ertieA ef a bl:lildiAg iAell:lded bdweeA the l:Il'l'er
~~:e ef aAY fleer aAd the l:Il'l'er sl:Irfaee ef the fleer Aext abe..,-e, exeel't
that the tel' stery shall be that l'ertieA ef a bl:lildiAg iAell:Ided bdweeA the
I::Il'l'er Sl:IrfaEe ef the tel' fleer aAd the EeiliAg abeve. If the fiAished fleer
level diredl)' abe"Je a base,"eAt er eellar is ,"ere thaA six (6) feet abeve
grade, the base,"eAt er Eellar shall be eeAsidered 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 eighteeA thirtv (30) fl-8t inches in height or less. includinQ
entry stairs. uncovered Dorches. Datios 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 ftoem
the grel:lAd l:Il'ward.
SECTION 23, Section 18.12.020, Classification of Districts, of the Ashland
Municipal Code, is amended to read as follows:
Ashland Land Use Ordinance Amendments
First Reading: February 19, 2008-p. 6-
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 Overlavs
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 University-State Cellege
Performance Standards (P)- Overlay
Detail Site Review Zone
Health Care Services Zone
North Mountain Neiahborhood
Residential Overlav
Freewav Sian Overlav
A
RR
R-1
R-2
R-3
C-1
C-1-D
E-1
M-1
WR
SOU
P
DSR
HC
NM
B
.E
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 zonina districts designated in Section 18.12.020...
h sical and environmental constraints desi nated in Section 18.62.060
Detail Site Review Zone desianated in ChaDter 18.72 are established as shown
on the map entitled "Zoning and Land Use Control Map~ 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 "2Zoning and Land Use
Control fftMap~."
B. The signed copy of said Zroning and Land Use Control fftMap~ 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.
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.
Ashland Land Use Ordinance Amendments
First Reading: February 19, 2008-p. 7 _
E. Schools, both public and private.
F. Daycare centers.
G. Homes for the elderly and nursing homes.
H. An',. reme'.al ef three (3) er mere Ih*ing trees ef e,.-er six (6) inehes in
diamder frem aA,* tax let dl:lriAg aA*" eAe (1) ealeAdar 't*ear, er aAr fe;; ~f
eemmereial legging. Sl:Ich I:Ise shall be J'ermiUed eAI', wheA, iA additieA te
the CenditieAal Use Permit fiAdiAgS, the tellewiAg fiAdiAgS ha'j'e beeA
ddermiAed:
~. ~~~~sJ'ertatieA te aAd trem the site can be accemJ'lished safel', aAd
withel:lt distl:lrbaACe te resideAts.
2. That adeql:late J're,.-isiens ha-..e beeA made fer eresieA ceAtrel.
3. That adeql:late J're"l*isiens ha,.-e beeA made fer rderestatieA.
4. That aJ'J'reval has beeA ebtaiAed trem all aJ'J'reJ'riate Cel:lAty, State aAd
Federal ageAcies.
5. That there is Ae J'rebable daAger ef *Nildfire.
6. That there is adeql:late sl:lrd*, beAdiAg J're"l*ided te the Cit)* te ensl:lre that
an)* reql:lired rderestatieA aAd eresieA eeAtrel will be accemJ'lished.
H. Disc antenna for commercial use.
I. Nonconformina use or structure chanaes reauired bv Section 18.68.090.
J. TemDorarv uses.
K. Wireless Communication Facilities when attached to existina structures and
authorized Dursuant 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.
2. The maximum number of dwelling units shall not exceed 2 per lot.
Ashland Land Use Ordinance Amendments
First Reading: February 19, 2008-p. 8 -
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-.S zone."
K. Disc antenna for commercial use.
L. Nonconforming use or structure changes reguired bv Section 18.68.090.
M. TemDorarv uses.
N. Wireless Communication Facilities when attached to existing structures and
authorized Dursuant 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 (112), 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 (V2) acre lots (RR-.S): 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 (~5) 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
Cl0) 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.
A. Churches and similar religious institutions.
Ashland Land Use Ordinance Amendments
First Reading: February 19, 2008-p. 9 _
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-Street 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 lone.
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.
I. Group Homes. (Ord. 234851, 1985; Ord. 262451, 1991)
J. Disc antenna for commercial use.
K. Dwellings in the Historic District exceeding the maximum Dermitted floor
area Dursuant to Section 18.20.040.
L. Nonconforming use or structure changes reguired by Section 18.68.090.
M. TemDOrary uses.
N. Wireless Communication Facilities when attached to existing structures and
authorized Dursuant 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.
t. Nonconforming use or structure changes reguired by Section 18.68.090.
J. TemDOrary uses.
K. Wireless Communication Facilities when attached to existing structures and
authorized Dursuant to Section 18.72.180.
Ashland Land Use Ordinance Amendments
First Reading: February 19, 2008-p. 10 _
SECTION 30 Section 18.22.040, R-1-3.S, 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, for the first d.....elling unit and exceDt that a lot three thousand five
hundred (3,500) square feet or laraer may be created for eaeh additional when
the lot with contains an existing single-family residence which meetson it; hoth
the existing and ne....; struetures must meet the setback, density, Slrullot
coverage a.n~ lot siz~ requirements:and erit.eria of ~h=~ ~~~,~h: ~~:~
l:a::: ~a~t~~ ~t~~n of the Ordlnanee, Jl:lst as If C..r--t ...d:tI,re-wetlftf--be
::=,cd :' ~~ ~~ ~, '''!lard!.,... 8t ~h"th"r "- ~~,;;,. ;;;.;~.:: ::!I ~"::
:-~:-::-t-; ~ ~~e ~~~itfld Hlstorle Dlstrlet, all residential st----ti __ sh ______
be suhjeet to these ;eql:lirements. 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 (2 112) 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 Yards--Distances 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 (Y2) 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 Y2) 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.
D. Public and quasi-public halls, lodges and clubs.
Ashland Land Use Ordinance Amendments
First Reading: February 19, 2008-p. 11 _
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 identified bOt the Ashland Histerie Ce",,,,issien and 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 (V2) 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. 262452, 1991; deleted Ord. 294252, 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
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 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.
Ashland Land Use Ordinance Amendments
First Reading: February 19, 2008-p. 12-
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, anti subject te Centlitienal Use Permit
a 1'1' re'..a I 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, ~~~ ~~~ the: ftoe:i1ity be 'Hbje~t tB. an :~:H~~~:~I==~:
at k~ ~~ ~lr~~Ne~ (3) "ears, after whleh tlme--- J1---~-- ~IT'----__ft
::rri::l'reve, untl~r a T'fl'e I1l'reeetlure, a I'ermanent I'er~it f;r ihc
M. Disc antenna for commercial use.
N. Nonconformina use or structure chanaes reauired by Section 18.68.090.
O. New structures and additions to existina structures within a desianated
Historic District which exceeds the Maximum Permitted Floor Area (MPFAl,
subject to the aeneral reaulations set forth in Section 18.24.040.
P. Temoorary uses.
. Wireless Communication Facilities when attached to existin structures and
authorized oursuant 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
followina standards and exceotions:
a. An accessory residential unit is not reauired to meet density or
minimum lot area reauirements, oroYided the unit is not areater than
fifty oercent (500/0 1 of the aross habitable floor area of the sinale
Ashland Land Use Ordinance Amendments
First Reading: February 19, 2008-p. 13 _
familv residence on the lot and does not exceed 500 square feet of
cross habitable floor area.
Lhawe".er, uUnits. not considered as an accessorv residential unit and
at less than 500 square feet of gross habitable area shall count as 0.75 units
for the purposes of density calculations, with the fallav;il'lg restridial'l5.
~it. Minimum lot area for less than 2 units t::tfItH shall be 5000 sq. ft. with a
minimum width of 50' and minimum depth of 80'.
ge.Minimum lot area for 2 units shall be 7,000 sq. ft. with a minimum width of
50' and a minimum depth of 80'.
ge. Developments of 3 units or greater shall have minimum lot area in excess of
9000 sq. ft. itI'tS exceDt 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, 18.24.0401.1., 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
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 the 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.1., 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 ODtions land
divisions created within the .iID. Historic District. The MPFA far I'I'Il:Iltiple
Elwellil'lgs al'l a sil'lgle lat viithil'l 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
primar"; dwelling units 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
Ashland Land Use Ordinance Amendments
First Reading: February 19, 2008-p. 14 _
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
accommodation with primary lot frontage on designated collector streets; or
Ashland Land Use Ordinance Amendments
First Reading: February 19, 2008-p. 15 _
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, anEt subjed ta CanEtitianal Use Permit
appra".Jal 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, pra..-iEteEt that the faeilit-, be subjed ta an annual Type I _revie'~v f~r
~ I~~! the first three (3) )'ears, after v/hiEh time the Planning Eemmi-ssien
ma)" appra'tie, unEter a T-t'pe II praeeEture, a permanent permit far the
fadlity.
M. Disc antenna for commercial use.
N. Enlaraement. extension. reconstruction. substitution. structural alteration
or reactivation of nonconformina uses and structures Dursuant to Section
18.68.090.
O. New structures and additions to existina structures within a desianated
Historic District which exceeds the Maximum Permitted Floor Area (MPFA).
subiect to the general reaulations set forth in Section 18.28.040.
P. TemDOrary uses.
Wireless Communication Facilities when attached to existin structures and
authorized Dursuant to Section 18.72.180.
SECTION 36, Section 18.28.040 A.1., 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
followina standards and exceDtions:
a. An accessory residential unit is not reauired to meet density or
minimum lot area reauirements Droyided the unit is not greater than
fifty Dercent (500/0) of the gross habitable floor area of the sinale
Ashland Land Use Ordinance Amendments
First Reading: February 19, 2008-p. 16 -
familv residence on the lot and does not exceed 500 SQuare feet of
Qross habitable floor area.
b. hev;eirer, tlUnits. 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 fellewir'g restrictiens.
~a. Minimum lot area for less than two (21 unit~ * shall be 5000 sq. ft. with a
minimum width of 50' and minimum depth of 80'
gb. Minimum lot area for 2 units shall be 6,500 sq. ft. with a minimum width of
50' and a minimum depth of 80'.
ge. Developments of 3 units or greater shall have minimum lot area in excess of
8000 sq. ft. itftd exceDt 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 18.28.0401.1., 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 Nte-IDL-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.1., 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 IDl..Historic District. The MPFA fer FI'Il:Iltil'le EI.",ellings en
a single let within 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'riFl'lar"f dwelling units measured to the outside surfaces of the buildingli},
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: February 19, 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 adoDted bv
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: February 19, 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
requirements).
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. tYDeS and architectural styles. B di'.<erSlit)' iA sir:e BAd
style af hal:lsiAg t",peSl.
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: February 19, 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 seventv-five (75) Dercent.
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 (25} feet, excluding garages.
Front yards may be reduced to five (5} feet for .Ynenclosed porches
with a minimum depth of six ill...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 "Five ill
feet jtef' for the first story, excluding half-stories and upper floor
dormer space. five (5) feet for each additional stOry. and. 1= .ten
.U..Q}.Jeet when abutting a public street. Single story, detached
garages and accessory structures shall have a minimum three Ul..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 18.30.050.C. and F, NM-R-1-5 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-l-S
C. Yard Requirements
Ashland Land Use Ordinance Amendments
First Reading: February 19, 2008-p. 20 -
1. Front Yards. Front vard setbacks sShall be a minimum of ten (10}
feet and a maximum of twentv-five {25} feet, excluding garages.
Front yards may be reduced to five {5} feet for .ID!enclosed porches
with a minimum depth of six {2Lfeet and a minimum width of
eiaht (8) feet. Garages shall be setback a minimum of fifteen {15}
feet from the front building facade and twentv (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 vard setbacks shall be a minimum of fFive ill
feet pet" for the first story, excluding half-stories and upper floor
dormer space. five (5) feet for each additional storv. and. =F .ten
.L!Ql.feet when abutting a public street. Single story, detached
garages and accessory structures shall have a minimum three Ql.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.
e. 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 (So%).
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: February 19, 200B-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 (51 feet for unenclosed porches with a minimum depth
of six ~feet and a minimum width of eiaht (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 (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 .!.S.l..feet ~
for the first story, excluding half-stories and upper floor dormer spaceL
five (5) feet for each additional story. and. ~ .ten UJU..feet when
abutting a public street. Single story, detached garages and accessory
structures shall have a minimum three .QLfoot 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.
e. 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 indica,ted 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.
e. 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: February 19, 2008-p. 22 -
G. Lot CoveraQe: Maximum lot coveraQe shall be fortv-five oercent (450/0 ).
SECTION 44, 18.32.025.0., C-1, 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-l
District, and 60 dwelling units per acre in the C-l-D District. For the ouroose
of densitv calculations. units of less than 500 square feet of Qross
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-l or C-l-D District.
4. Off-street parking shall not be required for residential uses in the C-l-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-1, 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-l District only. and onlv in the area
east of a line drawn oeroendicular to Ashland Street at the intersection
of Ashland Street and Siskivou Boulevard.
2. Drive-up uses are prohibited in Ashland's Historic Interest Area as defined in the
Comprehensive Plan.
3. Df':"Ve tI: :~~ ~~t~RI'l be allav;ed iR the C 1 districts east af a:i:e
:~= P~~~~~~~la~ ta AshlaRd Street, at th~ i~t~;~;;tieR af Ashl d
Street anEl-Slslu"Iatl Batllevard.
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: February 19, 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 Dermitted outright and authorized
Dursuant 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 Overlav 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: February 19, 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 Dermitted outright Dursuant 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
ur ose of densit calculations units of less than 500 s uare 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-l District.
4. Residential uses shall only be located in those areas indicated as R-Overlay within
the E-l 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: February 19, 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. Temoorarv uses.
P. Wireless Communication Facilities not oermitted outrioht and authorized
oursuant to Section 18.72.180.
SECTION SO, 18.52.030, M-l, 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. Temoorarv uses.
F.. Wireless Communication Facilities not oermitted outrioht and authorized
oursuant 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: February 19, 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 oursuant 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 bv the State of OreQon State LandscaDe
Contractors Board or Construction Contractors Board who has met the
criteria fsr ~certified catis" as an arborist from the International Society of
Arboriculture or American Society of Consulting Arborists, a"d mai"tai"s his sr her
accreditatis".
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 thittIt, at its
maximum cross section, measured 54 inches (4 1/2 feet) above mea" ground level
at the base of the trunk. On slooed lands. the measurement shall be taken on
the uohill 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: February 19, 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 public right af wa'f.
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 DubUc riaht-of-wav subiect to street tree
removal Dermits 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
Dermit or building permit and Drior to any site disturbance and/or storaae
of materials on feto the subject property.
Ashland Land Use Ordinance Amendments
First Reading: February 19, 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-StaH 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 18.108.0a~O (~
I ProcedureNatice Reql:liremeRts). 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 Pfafts Submittal Requirements.e
A. An application ,for all Tree Re~oval and Tre: To?ping Permits shall he:maElC l:Il'~R
farms I'rescrlheEl h.,. the Clt",. The al'l'hcatlaR far a Tree ReMe~-f--Pc""its
include:
a. Plans drawn to scale shaU contain!ruLa.,tfhe 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 subiect site that
are not DroDosed for removal and an off-site trees where dri lines
extend into ro osed landsca ed areas on the sub'ect site. Such _Ians
shall conform to the Drotection reauirements under Section 18.61.200.
~Any other information reasonably required by the City.
SECTION 58, 18.61.080.8., 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: February 19, 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, includinQ but not limited to . (e.g. ether applicable Site Design
and Use Standards and Phvsical and Environmental Constraints-). 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 1f2-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.
LarQer trees mav be reQuired where the mitiQation is intended, in Dart, to
reDlace a visual screen between land uses. "Suitable" sDecies means the
tree's Qrowth habits and environmental reQuirements are conducive to
Ashland Land Use Ordinance Amendments
First Reading: February 19, 2008-p. 30 -
the site. aiven the existina toooaraohv. soils. other veaetation. exoosure
to wind and sun. nearbv 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 aooroved mitiaation olan shall be fullv imolemented within one vear
of a tree beina removed unless otherwise set forth in a tree removal
aoolication and aooroved in the tree removal oermit.
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 year189 days 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 olan sheet sizes for oroiects.
orovided the olans orovide sufficient information to clearly identif;
and evaluate the aoolication reauest.
d. North arrow.
Ashland Land Use Ordinance Amendments
First Reading: February 19, 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.D.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: February 19, 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 Proaram E...erge..c"; pta..age...e..t Age..cy,
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 18.62.050.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 U..iter... International Building
Code and International Residential Code, Chal'ter 70, 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: February 19, 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 suooorted
bv oillars that will have minimal imoact on the flow of floodwaters over
the Flood plain corridor for a distance of 20 feet if it does not imoact rioarian
veQetation. and the clearance from finished grade is at least ten feet in height,
and is sl:Jl'l'arteEt b'/l'iIIars 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 Chal'ter 79 af the U"ifar", International
Building Code and be consistent with the Drovisions 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: February 19, 2008-p. 34 -
in the area to be altered.
perimeter of the dripline.
fences may be inspected
(see grat'hie:18.61.200)
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
o
.;\., 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
Tree Canopy 8' '\,/
~' \
I
r I
\ I
\ ,
, ,
........ -----/
To provide minimum prof eet ion tot he
root aroo, take t he great est radius
from trunk t 0 dripline and croot e a
r~ular circle, using t he longest radius,
rat her than t 0 follow an irr~ular,
above ground, exist ing t roo 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: February 19, 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 SGSG 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 5atte
Cellegc Universitv and located within the SGSG SOU boundary, as shown on the
SGSG SOU Comprehensive Plan, adopted by SGSG 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 SGSGSOU, 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 Dursuant 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 SGSG 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 Dermitted outriaht and authorized
Dursuant 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: February 19, 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 SGS€ 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 SGS€ 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:
18.68.040, Yard "'easureFlu:Flts 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.thereaf aFld shall be t1F1abstrtlded tram the gratlFld t1lnvard, except
that-8architectural projections may intrude eighteen (18) inches into t-he reauired
yard~ reqtliremeFlt.
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 Cl, a nonconforming use may be changed to one of the same or a more
restricted nature. exceDt that a Conditional Use Permit need not be
obtained when the use is chanaed to a Dermitted use within the zonina
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 Cl, aft existiFlg nonconformina structure may be enlarged, extended,
reconstructed or the footDrint modified, ar strtldtlrall)" altered, except that
a Conditional Use Permit need not be obtained ta eFllarge ar exteFld a siFlgle
famil"1 hame iFl the resideFltial distrid, pra"."ided that when the addition or
extension meets all requirements of this Title.
3. A non-conforming structure may be eFllarged, reeaFlstrtlded restored or
rehabilitated ar strl:Jdl:Jrall", altered if its featpriFlt is not changed in size or
shape, Drovided that the use of the structure is not chanaed exceDt if in
conformance with the Drocedures of Section 18.68.090.A.1 above.
4. Nothina in this section shall be deemed to Drevent the normal
maintenance and reDair of a non-conformina structure or its restoration
toa sate condition when declared to be unsafe bv any official charaed
with Drotectina DubUc safety.
5. A leaal nonconformina structure or nonconformina use that is damaaed
to an extent of 500/0 or more of its reDlacement cost may be restored
on Iv if the damaae was not intentionallv caused bv the DroDertv owner
and the nonconformity is not increased. Any residential structure(sl.
includina multiDle-tamily. in a residential zone damaaed beyond 500/0 of
its reDlacement cost by a catastroDhe. such as fire that is not
intentionally caused bv the owner. may be reconstructed at the oriainal
Ashland Land Use Ordinance Amendments
First Reading: February 19, 2008-p. 37 -
densitv orovided the reconstruction is commenced within 2 years after
the catastroohe.
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 ts an
existing nsn csnfsrn'ling strudtJre 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 '..altJe aeesrding ts the Jad(ssn CStJnt"f
Assesssr sr an independent real estate appraiser licensed in the State of
Oregon. The value of the imorovement shall be determined based uoon
cooies of the contractor's bid for said imorovements. which shall be
reauired with the Conditional Use oermit aoolication. 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 criterionthis
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; i.e., 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: February 19, 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 abuttinQ a oublic 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 (V2) 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
(~~) 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, atttI Structures and Mechanical EQuioment.
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 stlbjec::t ta the pravisiafls af this Sec::tiafl.
Stleh eqtlipfl'leflt 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 eQuioment and associated enclosures. no taller than allowed
fence heiQhts. may be located within required side or rear yards.
orovided such installation and ooeration is consistent with other
orovisions of this Title or the Ashland Municioal Code. includinQ 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 (50) 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. Anv 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: February 19, 2008-p. 39 -
accessory residential units. includina any reauired plannina 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 criteria
af the City of Ashland standardsPl:Iblie '."arl(s Departme"t and appra~"cd
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 ApplicabilitVflefl
Site design a"d l:ISC standards shall apply to all zones of the city as outlined
below. a"d shall appl", ta all de6'elapme"t i"dieated i" this Chapter, cxeept
for those de"...elopmc"ts v.hieh are regulated b"t the Sl:Ibdhl'isia"s (18.89),
the Partitio"i"g (18.76), "a"l:Ifadl:lred HOl:lsi"g (18.84) a"d Performa"ee
Sta"dards (18.88).
A. Applicabilitv. The followina development is subiect to Site Desian
Review:
1. Commercial. Industrial, Non-Residential 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 fe.a. public
buildinas. schools. churches, etc.).
c. Expansion of impervious surface area in excess of 100/0 of the area
of the site or 1.000 sauare feet. whichever is less.
d. Expansion of parkina lots, relocation of parkina spaces on a site.
or other chanaes which affect circulation.
e. Anv chanae of occupancy from a less intensive to a more intensive
occupancy. as defined in the City buildina code. or any chanae in
use which reauires a areater number of parkina spaces.
f. Anv chanae in use of a lot from one aeneral use cateaorv to
another aeneral use cateaorv. e.a.. from residential to commercial.
as defined bv the zonina reaulations of this Code.
Ashland Land Use Ordinance Amendments
First Reading: February 19, 2008-p. 40 -
g. Anv exterior chanae to a structure which reauires a building
permit and is listed on the National Reaister of Historic Places or
to a contributina prooertv within an Historic District on the
National Reaister of Historic Places.
h. Mechanical eauipment not otherwise exemot from site desian
review per Section 18.72.030CBl.
2. Residential uses:
a. Two or more residential units on a sinale lot.
b. Construction of attached sinale-familv housina C e.a. town homes,
condominiums, row houses, etc. 1 in all zonina districts.
c. Residential development when off-street parkina or landscapina,
in coni unction with an approved Performance Standards
Subdivision reauired bv ordinance and not located within the
boundaries of the individual unit Darcel Ce.a. shared parkinal.
d Anv exterior chanae to a structure which reauires a buildina
permit and is individuallv listed on the National Reaister of
Historic Places.
e. Mechanical eauipment not otherwise exempt from site desian
review per Section 18.72.030CBl.
B. Exemptions. The fOllowina development is exempt from Site Desian
Review application and procedure reauirements provided that the
development complies with applicable standards as set forth bv this
Chapter.
1. Detached sinale familv dwellinas and associated accessorv structures
and uses.
2. Land divisions reaulated bv the followina chapters: Partitionina
C18.76l, Subdivisions C18.80l, Manufactured Housina C18.84l and
Performance Standards C 18.88l.
3. The followina mechanical eauioment:
a. Private, non-commercial radio and television antennas not
exceedina a heiaht of seventv (70) feet above arade or thirtv (30)
feet above an existina structure, whichever heiaht is areater and
provided no part of such antenna shall be within the vards
reauired bv this Title. A buildina permit shall be reauired for anv
antenna mast, or tower over fiftv CsO) feet above arade or thirtv
C30l feet above an existina structure when the same is
constructed on the roof of the structure.
b. Not more than three C3l oarabolic disc antennas, each under one
Cll meter in diameter, on anv one lot or dwellina unit.
c. Roof-mounted solar collection devices in all zonina districts, with
the exception of Emplovment and Commercial zoned properties
located within desianated historic districts. The devices shall
complv with solar setback standards described in 18.70 and heiaht
reauirements of the respective zonina district.
d. Installation of mechanical eauipment not exempted bv Ca, b, cl
above or Ce) below, and which is not visible from a oublic riaht-of-
wav or adiacent residentiallv zoned propertv and consistent with
other provisions of this Title, includina solar access, noise, and
setback reauirements of Section 18.68.140Ccl.
e. Routine maintenance and replacement of existina mechanical
eauipment in all zones.
Ashland Land Use Ordinance Amendments
First Reading: February 19, 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.
DeveloDment subiect to site desiQn review shall be reviewed in accordance
with the Drocedures set forth in ChaDter 18.108.
A. Staff Permit. The fellewing tYJ'es ef de'.e1eJ'ments shall be subject to
a J'J're....a I under the Staff Permit PreEedure. An', Staff Permit may bc
J'reEcssed as a T"J'e I J'crmit at the disErdien ef the Staff Ad....iser.
1. An't' Ehange ef eEEuJ'anEJ frem a less intcnshre te a mere ifltensivc
eeEuJ'anE'" as defined in thc City building Eede, er any Ehange in usc
whiEh rcquires a grcater number ef J'arldng sJ'aEes.
2. An)' additien less than 2,599 square fed er ten J'crEent ef the
building's square feetage, whiEhe....er is less, te a building.
3. Any use vihieh rcsults in three er less dwelling units J'cr let, ethcr
than single famil'f hemcs en indi".'idual lets.
4. All installatiens ef meehaniEal equiJ'mcnt in an)' zene. Installatien ef
disE antcnnas shall be subjed te the requirements ef Scctien
18.72.160. An" disE antenna fer Eemmcrdal usc in a rcsidcntial zenc
shall alse be subject te a Cenditienal Use Pcrmit (18.104). (Ord.
2289 S5, 1984; Ord. 2457 S4, 1988).
5. All installatien ef wireless EemmuniEatien systems shall be subject te
thc requiremcnts ef Sedien 18.72.180, in additien te all aJ'J'IiEablc
Site Design and Use Standards and arc subjed te the felle....'ing
aJ'J'reval J'reEess:
Zening Designatiens AttaEhed te Alternati-..c Freestanding
Existing Structurcs SUJ'J'ert
Strudurcs Strueturcs
Residential Zenes~ alP Prehibited Prehibitcd
€-l- alP alP Prehibitcd
C 1 D (Devintev;n)ffl alP Prehibited Prehibitcd
C 1 freewa)' e".erla", Site Rc,.,iew Site Rc'.ievi alP
E-!: Sitc Re,.,iew Sitc Re'.rie"JJ alP
M-1- Sitc Re".,iew Sitc Reii'iew alP
59 Site Revicw alP GYP
Nft (Nerth "etlntain) Prehibited Prehibited Prehibited
HisteriE Districtffl GYP Prehibited Prehibited
A 1 (AirJ'ert O'.rerla'f) GYP alP GYP
HC (Health Care) GYP Prehibited Prehibitcd
Ashland Land Use Ordinance Amendments
First Reading: February 19, 2008-p. 42 -
ffl 0"1'; allowed 0" existi"g struetures greater tha" 45 fed i" height. ror the purpOSES of this
seetio" i" reside"tiall:o"il'lg distriets, eXisti"g struetures shall il'lelude the replaeement of
existi"g pole, mast, or tOVler struetures (sueh as stadium light tOViers) for the eomhined
purposes of their pre,.-ious use a"d wireless eommu"ieatiol'l faeilitie3.
~ Permitted 0" pre existi"g struetures with a height greater thal'l 59 fed i" the Do....."toVJI'I
Commereial distriet. Prohihited i" all other distriets y.-ithi" the Historie Distriet, as defi"ed il'l
the Comprehel'lsi...e Plal'l.
6. An"y' exteriar change ta an'( structure IisteEl an the Natianal Register af
Histaric Plaees." (ORD 2802, 52 1997) (OrEl 2852 53, 2000; OrEl 2858
56, 2000)
B. T't"J'e I PraceElure. The fallawing t"J'es af Ele...elaJ'....ents shall be subjed
ta aJ'J'raval unEler the T)"J'e I J'raeeElure:
1. An'y' change in use af a lat fra.... ane general use eategar..,.. ta anather
general use categary, e.g., fra.... resiElential ta ea........ercial as EldineEl
by the zaning regulatians af this CaEle.
2. An', resiElential use which results in faur Elwelling units ar ....ere an a
let.
3. All ne~".. strudures ar aElElitians greater than 2,500 square feet, exeeJ't
far Ele...claJ'....ents ineluEleEl in 5ectian 18.72.040(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
ado ted ursuant to Section 18.72.080.
C. Outside the Downtown Design Standards Zone, new buildings or expansions of
existing buildings in the Detail Site Review Zone shall conform with to the following
standards:
1. a. Buildings sharing a common wall or having walls touching at or above grade
shall be considered as one building.
b~.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.
~e. 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. Far the J'urJ'ase af
~~i~ ~~dian, base....ent ....eans any flaar level bclaw the first ster', in a
builEling. First star)" shall have the sa....e ....eaning as J'ra'JiEleEl in the
builEling caElc.
Ashland Land Use Ordinance Amendments
First Reading: February 19, 2008-p. 43 -
~d.Buildings shall not exceed a combined contiguous building length of 300 feet.
~. 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. For the pl:lrpose of this sedion,
basement means an)" floor le"."el below the first stor,. in a bl:lilEling. First sterol
shall hatte the same meaning as pro",iEleEl in the bl:lilEling EoEle.
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 Reauired
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 mav authorize different scales and olan sheet sizes for
oroiects. orovided the olans orovide sufficient information to c1earlv
identify and evaluate the aoolication reauest.
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.
1. 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 cleanouts.
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: February 19, 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. For non-residential developments proposed on properties located in a Historic
District. an exterior wall section. window section and drawinqs of architectural
details (e.q. column width. cornice and base detail. relief and proiection. etc.)
drawn to a scale of three-fourths (3/4) of an inch equals one 0) foot or larger.
VW. 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.
WX 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.
Ashland Land Use Ordinance Amendments
First Reading: February 19, 2008-p. 45 -
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.
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 DesiQn and Use Standards adooted bv Ordinance No's. 2690. 2800.
2825 and 2900, shall be aoolied as follows:
1. The Multi-familv Residential Develooment Standards in Section II.B. shall
be aoolied to the construction of attached sinQle-familv housinQ (e.Q.
town homes. condominiums, row houses. etc. ).
2. The Commercial. Emolovment. and Industrial Develooment standards in
Section II.C. shall be aooUed to non-residential develooment (e.Q. oublic
buildinQs. 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 Expiration of Site Design Review Approval~
Site desiQn review aooroval Qranted under this Chaoter shall exoire if no
buildinQ oermit or oubUc imorovement olan for the oroiect has been
aooroved bv the City within twelve (12) months of site desiQn review
aooroval.
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'Ued and, if neEessary, If aoolicable. cross access
easements shall be required so that access to all properties created by the
I'artitiening land division can be made from one or more points.
B. Street and driveway A,!lccess 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.
Ashland Land Use Ordinance Amendments
First Reading: February 19, 2008-p. 46-
C. 'Jisien clearance standards.
1. Ha ebstructiens greater than t'J'Je and ane half fed high, "ar an)'
landscaping which will gra..... greater than hva and ane half feet high,
with the exceptian af trees '.vhese canal')' heights are at all ti",es
greater than eight fed, "'a'l be placed in a \:isian clearance area
deter",ined as fellews:
The 'iI'isien clearance area at the intersectian af tT.\."a streds is the
triangle far",ed 13', a line cannecting peints 25 fed fra", the intersedian
ef prepert'; lines. In the case af an intersectian in'iI'elYing an allc'" and a
stred, the triangle is far",ed b't" a line canneding paints ten fect aleng
the aile', and 25 feet alang the stred. '.\'hen the angle ef intersectien
bdvleen the stred and the aile}" is less than 39 degrees, the sistance
shall be 25 ted. Ha strudure ar partian thereaf shall be erectes "..,ithin
ten fed af the dri'iI'ewa'{s.
2. State ef Oregan '/isien Clearance Standards. The fallewing stapping site
distances shall apply ta all State Highwa',s within the City with the
prescribed speed Ii ",its. Vertical stepping sight distance ta be based an
distance tre", three and ene half fed abe'."e pa'iI'e"'ent te a paint six fed
aba'iI'e the pave",ent. (Ord.2544 Sl, 1989)
30 mph200 feet
35 "'ph225 fed
49 "'ph275 fed
45 "'ph325 fed
55 "'ph459 fed
3. The .."isien clearance standards established bOt" this sectian are net subject
te the ,,"aria nee sectian ef this title. (Ord. 2695 S2, 1999)
&~.
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 inches 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.
Ashland Land Use Ordinance Amendments
First Reading: February 19, 2008-p. 47 -
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.
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.
Ashland Land Use Ordinance Amendments
First Reading: February 19, 2008-p. 48 -
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.
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
meeti ng.
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.
Ashland Land Use Ordinance Amendments
First Reading: February 19, 2008-p. 49 -
c. Wireless communication facilities shall be exempted from height limitations
imposed in each zoning district.
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.
Ashland Land Use Ordinance Amendments
First Reading: February 19, 2008-p. 50 -
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.
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 subiect to the
reauirements of this section in addition to all aoolicable Site Desian and Use
Standards and are subiect to the followina aooroval orocess:
Zonina Desianations Attached to Alternative Freestandina
Existina Structures Suooort
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 (Airoort Overlav) CUP CUP CUP
Ashland Land Use Ordinance Amendments
First Reading: February 19, 2008-p. 51 -
HC (Health Care)
CUP
Prohibited
Prohibited
SECTION 87, 18.76.040, Partitions, Administrative Preliminary Approval, of the
Ashland Municipal Code is deleted as follows:
18.76.040. AElministrati',,'e Preliminarv Aaare-..al
Preliminary appreval fer all miner lanEl partitiens which reql:lire ne Type II
'.'arianees shall be preeesseEl l:InEler thc T',pe I preeeEll:lre.
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 PlanninEl Cemmissien
If the prepescEl partitien Elees net appear te cempl', with thc requircments
fer reutine aElministrathl'e appre'..al, the prepesal shall be sl:lbmitteEl te the
Planning Cemmissien anEl An aDDlication for a Dreliminarv Dartition 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. (Ord 283658, 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
Ashland Land Use Ordinance Amendments
First Reading: February 19, 2008-p. 52 -
requirement shall be precedent to the signing of the final survey plat, and jf
the owner declines to so agree, then the application shall be denied.
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 Oreaon U"iferm Fire Code and subject to all requirements
thereof.
When reauired bv the Oreaon Fire Code. Fflag drives greater than 150
i!-59 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
reauirement UD to a maximum of 250 feet in lenath when takina the
followina factors into consideration:
1. Oreaon Fire Code access exemDtions.
2. Phvsical constraints such as sloDe. sianificant trees. cuts and
fills.
3. TransDortation lavout and traffic imDacts.
Ashland Land Use Ordinance Amendments
First Reading: February 19, 2008-p. 53 -
4. Number of units served bv the flaQ drive.
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 Departmentircctor 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.
I. 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 flag lot
clearly visible from the street on a 4" X 4" post 3V2 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: February 19, 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. Exoiration.of Preliminary Partition Plan.
Preliminarv oartition olans aooroved under this Chaoter shall exoire if a
final oartition olat has not been aooroved by the City within eiQhteen (18)
months of oreliminary olan aooroval.
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 OreQon Fire Code. DPrivate 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
uo to a maximum of 250 feet in lenQth when takinQ the followinQ factors
into consideration:
1. OreQon Fire Code access exemotions.
2. Physical constraints such as slooe. siQnificant trees. cuts and fills.
3. Transoortation layout and traffic imoacts.
4. Number of units served by the flaQ 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
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of 9 x 18 feet, except that 50% of the spaces may be compact spaces in accord with
18.92.050. ParkinQ soaces aftd shall have a 22 faat back-up maneuvering
space no less than twenty-two (22) feet. except where parking is angled. and
which does not necessitate movinQ 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 olaced in the vision clearance area
exceot as set forth in Section 18.68.020. Na signs, structures ar ...egetatian
in excess af t.....a and ane half feet in height shall be placed in the ...isian
c1earanee area. The ..'isian clearance area is the triangle farmed by a line
connecting paints 25 feet fram the intersectian af prapert". lines. In the
case af an intersectian in.ial....ing an alley and a street, the triangle is farmed
by a line cannecting paints ten (19) feet alang the alley and 25 feet alang
the street. ''''hen the angle af interseetian betv/een the street and the alley
is less than 39 degrees, the distance shall be 2S feet. Na signs, strudures
or ..'egetatian ar partian thereaf shall be erected '.',ithin ten (19) feet af
dri...eways unless the same is less than twa and ane half feet in height. The
,,'isian c1earanee standards established b't' this sectian are nat subject ta the
'/ariance sectian 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.
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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
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 wallar 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 CRl and North Mountain CNMl districts fR-} shall conform
to the following regulations:
A. Special Provisions:
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1. No sign or portion thereof shall extend beyond any property line of the
premises on which such sign is located.
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 Sians. Signs for aDDroved non-residential uses within
the NM-R15. NM-C and NM Civic zones shall be Dermitted one Qround
sign not exceeding an overall height of five feet and an area of fifteen
sguare feet. set back at least ten feet from DroDertv lines: or one wall
or awnina sian in lieu of a around sign. Said signs shall not use
Dlastic as Dart of the exterior visual effect and shall not be internallv
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 Commission it is determines{s 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...Q[
an EXDedited 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
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regulations that create opportunities or pose significant constraints for the proposed
development. The Staff advisor is authorized to waive ore-aoolication
conference reauirements and to create orocedures 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 Espies sf 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 orocedures for
aoolication submittal reauirements. includina the number and tvoe of
aoolications reauired fe.a. hard and/or electronic cooies). size and
format of aoolications f e.a. oaoer size and electronic format). and dates
when aoolications can be received. The Staff Advisor shall make the
reauirements for aoolication submittals readilv available to the oublic 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 aeneral tvoes of orocedures: 1) ministerial actions: 2)
olannina actions. and 3) leaislative amendments. When a oroiect orooosal
involves more than one aoolication and more than one tvoe of orocedure.
the aoolications shall be reviewed toaether bv the same decision bodv and
follow the hiahest level orocedure aoolvina to any one of the aoolications.
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.
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5. Boundary line adjustments. (18.76.140)
6. Zoning permits. (18.112.010)
7. Sign permits. (18.96.050)
8. Home occupation permits. (18.94.130)
9. Extension of time limits for aooroved olanninQ actions (18.112.030).
10.Mechanical eQuioment exemot from Site Review.
l1.Conversion of existinQ multi-familY dwellinQ units into for-ourchase
housinQ.
B. Planning Actions. All planning actions shall be subject to processing by one of the
four following procedures:
-!-;- Staff Permit PrSEeEh:lre
1~. Type I Procedure
23. Type II Procedure
.3.4. Type III Procedure
4. Exoedited 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 aoolicant may aooly at one time for all oermits or zone chanQes needed
for a develooment oroiect. The consolidated orocedure shall be subiect to
the time limitations set out in ORS 227.178. The consolidated orocedure
shall follow the most restrictive orocedure in the develooment oroiect.
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, Exoedited Land Divisions Staff Permit PrsEedtlre.
A. Aoolicability.
1. An exoedited land division is an action that:
a. Includes land that is zoned for residential uses.
b. Is solely for the ourooses of residential use. includinQ recreational
or ooen soace uses accessory to residential use.
c. Does not orovide for dwellinQs or accessory buildinQs to be located
on land that is soecifically maooed and desiQnated for full or
oartial orotection of natural features that orotect ooen soaces.
ohysical and environmental constraints oer Chaoter 18.62.
rioarian corridors. wetlands. desiQnated historic districts or
structures.
d. Meets minimum standards in the Street Standards Handbook and
Section 18.88.050.
e. Creates enouQh lots or oarcels to allow buildinQ residential units
at 80 oercent (800/0) or more of the maximum net density
oermitted by the zoninQ desiQnation of the site.
2. A land division that creates three or fewer oarcels under ORS 92.010
and ALUO 18.76.
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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.
4. All reauirements outlined in Chapter 18.76 apply to expedited land
divisions except for those provisions modified within this section.
B. Procedure and Notice Reauirements.
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 missina within 21 days of receipt of the application and allow
the applicant to submit the missina information. For purposes of
computation of time under this section. the application shall be
deemed complete on the date the applicant submits the reauested
information or refuses in writina to submit it.
b. If the application was complete when first submitted or the
applicant submits the reauested 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 aaency. local
aovernment or special district responsible for providina public
facilities or services to the development and to owners of property
within 100 feet of the entire contiauous 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 reauirement shall be deemed met when the
local aovernment can provide an affidavit or other certification that
such notice was aiven. Notice shall also be provided to any
neiahborhood or community plannina oraanization recoanized by the
aovernina body and whose boundaries include the site.
3. The notice reauired under subsection (21 of this section shall:
a. State:
i. The deadline for submittina written comments:
ii. That issues that may provide the basis for an appeal to the
referee must be raised in writina prior to the expiration of the
comment period: and
iii. That issues must be raised with sufficient specificity to enable
the local aovernment 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
geoaraphical reference to the subiect 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 aovernment
contact person.
a. BrieflY summarize the local decision-makina process for the
expedited land division decision beina made.
4. After notice under subsections (21 and (31 of this section. the city
shall:
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a. Provide a 14-dav period for submission of written comments prior
to the decision.
b. Make a decision to approve or deny the application within 63 days
of receivina a completed application. based on whether it satisfies
the substantive reauirements of the local aovernment's land use
reaulations. An approval may include conditions to ensure that the
application meets the applicable land use reaulations. For
applications subiect to this section, the city:
i. Shall not hold a hearina on the application: and
ii. Shall issue a written determination of compliance or
noncompliance with applicable land use reaulations that
includes a summary statement explainina the determination.
The summary statement may be in any form reasonablY
intended to communicate the local aovernment's basis for the
determination.
c. Provide notice of the decision to the applicant and to those who
received notice under subsection (2l 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 paraaraph (bHiil of this
subsection: and
ii. An explanation of appeal riahts 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 aovernment within 14 days
of mailina of the notice of the decision under ORS 197.365 (4l.
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 oraanization who files written comments in the
time period established under ORS 197.365.
c. An appeal shall be based solely on alleaations:
i. Of violation of the substantive provisions of the applicable land
use reaulations:
ii. Of unconstitutionality of the decision:
iii. That the application is not eliaible 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 riahts have been substantially
preiudiced by an error in procedure by the local aovernment.
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 aovernment. The City Administrator is
authorized to hire. under contract on an as needed basis. a referee to
decide such appeals. If the city has desianated a hearinas officer
under ORS 227.165. the City Administrator may desianate the
hearinas officer as the referee for appeals of a decision made under
ORS 197.360 and 197.365.
3. Within seven days of beina appointed to decide the appeal. the
referee shall notify the applicant. the local aovernment. the appellant
if other than the applicant. any person or oraanization entitled to
notice under ORS 197.365 (2l that provided written comments to the
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local aovernment and all oroviders of oublic facilities and services
entitled to notice under ORS 197.365 (2) and advise them of the
manner in which they may oarticioate in the aooeal. A oerson or
oraanization that orovided written comments to the local aovernment
but did not file an aooeal under subsection (1) of this section may
oarticioate onlv with resoect to the issues raised in the written
comments submitted bv that oerson or oraanization. The referee may
use any orocedure for decision-makina consistent with the interests
of the oarties to ensure a fair oooortunitv to oresent information and
araument. The referee shall orovide the local aovernment an
oooortunitv to exolain its decision. but is not limited to reviewina the
local aovernment decision and may consider information not
oresented to the local aovernment.
4. Referee Decision.
a. The referee shall aoolv the substantive reauirements of the local
aovernment's land use reaulations and ORS 197.360. If the
referee determines that the aoolication does not aualifv as an
exoedited land division as described in ORS 197.360. the referee
shall remand the aoolication for consideration as a land use
decision or limited land use decision. In all other cases. the
referee shall seek to identifY means bv which the aoolication can
satisfy the aoolicable reauirements.
b. The referee may not reduce the density of the land division
aoolication. The referee shall make a written decision aoorovina or
denvina the aoolication or aoorovina it with conditions desianed to
ensure that the aoolication satisfies the land use reaulations.
within 42 days of the filina of an aooeal. The referee may not
remand the aoolication to the local aovernment for any reason
other than as set forth in this subsection.
5 Unless the aovernina body of the local aovernment finds exiaent
circumstances. a referee who fails to issue a written decision within
42 days of the filina of an aooeal shall receive no comoensation for
service as referee in the aooeal.
6. Notwithstandina any other orovision of law. the referee shall order
the city to refund the deoosit for costs to an aooellant who materially
imoroves his or her oosition from the decision of the local
aovernment. The referee shall assess the cost of the aooeal in excess
of the deoosit for costs. uo to a maximum of $500. includina the
deoosit oaid under subsection (1) of this section. aaainst an aDoellant
who does not materiallv imorove his or her oosition from the decision
of the local aovernment. The local aovernment shall oav the oortion
of the costs of the aooeal not assessed aaainst the aooellant. The
costs of the aooeal include the comoensation oaid the referee and
costs incurred bv the local aovernment. but not the costs of other
oarties.
D. Effective Date of Decision. Unless aooealed within 14 days of mailina a
notice of decision. the Staff Advisor decision becomes final on the 15th
day. Aooeals shall be considered as set forth in ALUO 18.108.030(C) and
ORS 197.375.
A. Actians Indtuled. The fallawing planning adians shall be subject ta the
Staff PerMit Praeedure:
1. Site Re'.'iew far twa ar three residential units an a single lat.
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2. Ph"{sical and EnYiran",ental Canstrainb Re",dew Per",its as allsv.ed in
Chal'ter 18.62.
3. Variances described in Sectian 18.79.060.
4. Site Re".riews in C 1, E 1, HC and " zanes far eXl'ansian5 af an
existing use that da nat reEluire new building area in excess af 2,500
sEluare feet, ar ",adificatian af ",are than 10% af the area af the site.
s. Extensian af ti",e Ii",its far al'l'ra"."ed I'lanning actians. T"Na
extensians af ul' ta 12 ",anths each ",a, be al'l'ra",,"ed under the
fallav/ing eanditians:
a. A change af eanditians, far which the al'l'lieant was nat
resl'ansible, I'reyented the al'l'licant fra", ca"'l'leting the
de"..elal'",ent within the sriginal ti",e Ii",itatian, and
b. Land Use Ordinance reEluire",ents al'l'licable ta the de"..elal'",ent
ha.....e nat changed since the sriginal al'l'ra'<(al. An extensian "'a".. be
granted, ha"..;e."er, if reEluire",ents ha....e changed and the apl'licant
agrees ta ca"'l'ly with any such changes.
6. The fallawing develal'",ents subject ta the Site Design and Use
Standards in sectian 18.72.949.A:
a. An)' change af aecul'ancy fra", a less intensi""e ta a ",are intensi";e
aecul'anc'" as defined in the City building cade, ar an".. change in
use ".vhich reEluires a greater nl:l",ber af I'arldng sl'aces.
b. An., additian less than 2,500 sEluare feet ar ten I'ercent af the
building's sEluare faatage, whiche....er is less, ta a building.
c. All installatians af ",echanical eEluil'",ent in an.,. zane.
d. Installatian af disc antennas subject ta the reEluire",ents af
Sectian 18.72.169. An", disc antenna far ca",,,,ereial l:Ise in a
residential zane shall alsa be subject ta a Canditianal Use Per",it
(18.194).
e. An", cxteriar change ta a structure listed an the Natianal Register
af Histaric Places.
7. An'" ather I'lanning actian designated as subject ta the Staff Per",it
Pracedure.
8. Other I'lanning actians nat atherwise listed ar designated as a Tr-I'e I,
II ar III I'racedl:lre.
B. Ti",e Li",its, Natice and Hearing ReEluire",ents. Al'l'licatians subject ta
the Staff Per",it Pracedure shall be I'racessed as fallaws:
1. Within 14 da"/S after receil't af a ca"'l'lete al'l'licatian the Staff
Advisar shall al'l'ra""e, al'l'rave with canditians ar den"j the
al'l'lieatian unless such ti",e Ii",itatian is extended "';lith the cansent
af the al'l'licant. The Staff Ad"..isar shall enter findings and
canclusians ta justif"t" the deeisisn.
2. Hatice af the deeisian shall be ",ailed within se"..en days af the
deeisisn. The natice shall cantain the falla".ving infar",atian:
a. The deeisian af the Staff Ad...isar and the date af the decisian.
b. That ns I'ublic hearing will be held l:Inless sl'ecifically reEluested.
c. That a reEluest far a I'ublic hearing "'l:Ist be ",ade b"~' the date
indicated an the natice in arder far a I'l:Iblic hearing ta be
schedl:lled.
d. That a reEluest far a pl:lblie hearing shall include the na"'e and
address af the I'ersan reEluesting the pl:lblie hearing, the file
nl:l",ber af the planning aelian and the sl'eeifie gral:lnds far which
the decisian shal:lld be re"iersed ar ",adified, based an the
al'l'licable criteria ar I'racedl:lral irregularity.
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3. Hetice shall be ",ailed te the fellewing persens:
a. The applicant, er autherized agent.
b. The subject preperty e",ner.
c. All e.....ners ef recerd ef pre pert., en the ",est recent pre pErt., tax
assess",ent rell ".vithin the netice area defined as that area within
100 feet ef the subject I'rel'ert*,..
4. I"ersens te whe", the netice is ",ailed shall ha'.e 10 da}'s fre", the date
af ",ailing in which te request a I'ublic hearing. Requests fer a public
hearing shall ",eet the fellewing require",ents:
a. The request shall be filed by the date sl'ecified in the netiee ef
decisien.
b. The request shall be in ~*..riting and include the al'l'ellant'!3 na"'e,
address, the file nu",ber ef the I'lanning actien and the sl'ecific
greunds fer which the decisien shauld be re".;ersed ar Madified,
based an the al'l'licable criteria ar I'racedural irregularity.
5. If a request far a I'ublic hearing is ti",el}' recei.."ed, a I'ublic hearing shall
be scheduled far the next regular Ca",,,,issian ar Hearing!3 Beard
"'eeting allav..ing adequate ti",e ta ",eet the natice requireMents af
sectian 18.108.080. The I'ublic hearing shall be in accard with the
require",ents af sectian 18.108.1aO.
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
Proced u re:
1. Site Desion Review. The followino develooments that are subiect to the
Site Desion Review Standards outlined in 18.72 shall follow the Tvoe I
oermit orocedures.
a. Downtown Desion Standards Zone. Anv develooment which is less
than 2.500 souare feet or ten oercent of the buildino's souare
footaoe. whichever is less.
b. Detail Site Review. Anv develooment in the Detail Site Review Zone.
as defined in the Site Review Standards adooted oursuant Chaoter
18.72. which is less than 10.000 souare feet in oross floor area.
c. Commercial. Industrial and Non-residential Uses
i. All new structures. additions or exoansions in C-l. E-l. HC and M
zones. not within the Downtown Desion Standards zone. that do not
reouire new buildino area in excess of 200/0 of an existino buildino's
souare footaoe or 10.000 souare feet of oross floor area. whichever
is less.
ii. Exoansion of imoervious surface area in excess of 100/0 of the area
of the site or 1.000 souare feet. whichever is less
iii.Exoansion of oarkino lots. relocation of oarkino soaces on a site. or
other chanoes which alters circulation affectino adiacent oroDertv or
oublic rioht-of-way.
iv.Any chanoe of occuoancy from a less intensive to a more intensive
occuoancy. as defined in the City buildino code. or any chanoe in use
which reouires a oreater number of oarkino soaces.
v. Any chanoe in use of a lot from one oeneral use cateoory to another
oeneral use cateoorv. e.o.. from residential to commercial. as
Ashland Land Use Ordinance Amendments
First Reading: February 19, 2008-p. 65 -
defined bv the zonina reaulations of this Code.
vi. Anv exterior chanae to a structure which reauires a buildina Dermit
and is listed on the National Reaister of Historic Places or to a
contributina DroDertv within an Historic District on the National
Reaister of Historic Places.
d. Residential
i. Two or more residential units on a sinale lot.
ii. All new structures or additions less than 10.000 sauare feet of
aross floor area. other than sinale-familv homes or accessory uses
on individual lots
iii.Construction of attached sinale-familv housina (e.a. town homes.
condominiums. row houses. etc.) in all zonina districts.
iv.Off-street Darkina or landscaDina. in coniunction with an aDDroved
Performance Standards Subdivision reauired bv ordinance and not
located within the boundaries of the individual unit Darcel (e.a.
shared Darkina).
v. Anv exterior chanae to a structure which reauires a buildinQ Dermit
and is listed on the National Reaister of Historic Places.
2. Miscellaneous Actions.
1. Final Plan Appro....al for PerforManee Standards Stlbdi....isions.
2. Site Reviews other than those stlbject to a Staff PerMit ProE:cdtlre or
T,,.pe II Proeedtlre.
3. Partitions whieh reqtlire no "..arianees or only '.arianE:es Stl bject to
T",pe I proE:edtlres.
~4.Amendment9 or modification to conditions of approval for Type
planning actions.
s. Creation of a prh'ate wa'f, as allewed in section 18.89.039.8.
b. Amendment or modification to conditions of aDDroval for TVDe II
actions where the modification involves onlv chanaes to tree
removal and/or buildina enveloDes.Dlannina actions.
c. Phvsical and Environmental Constraints Review Dermits as
allowed in ChaDter 18.62.
d. Tree removal Dermits as reauired bv Section 18.61.042(0).
}6.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 (31 residential
dwelling units-et"
~ -4:Iemporary uses.
c. Enlaraement. eXDansion. etc. of nonconformina structures in
accordance with 18.68.090(2).
d. Government sians Der Section 18.96.150.
e. The followina uses in Residential zones:
i. Accessory residential units
ii. Oavcare centers.
iii. Public and Dublic utilitv buildinas. structures and uses less than
2.500 sauare feet in buildina footDrint and disturbs less than
7.500 sauare feet of land.
iv. Structures in excess of 35 feet in R-3 zone.
v. All new structures. additions or eXDansions that exceed MPFA in
historic district UD to 250/0. but the addition is no laraer than 300
s.f. or 100/0 of the existina floor area. whichever is less.
vi. Hostels.
Ashland Land Use Ordinance Amendments
First Reading: February 19, 200B-p. 66 -
vii. Public Parkina Lots in the NM-C zone.
viii. Community Services in the NM-R15 zone.
f. The followina uses in Commercial or Industrial zones:
i. Electrical substations
ii. Outdoor storaae of commodities.
Q. The followinQ uses in the Health Care Services Zone:
i. Limited oersonal service oroviders in the home. such as
beauticians and masseurs.
ii. Professional offices for an accountant. architect. attorney.
desianer. enaineer. insurance aaent or adiuster. investment or
manaaement counselor or surveyor.
iii. Anv medicallv-related use. located on City-owned orooertv that is
not soecificallv allowed bv the Ashland Community Hosoital Master
Facilitv Plan.
h. Conditional uses in the Southern Oreaon University District.
.1~. Variances for:
a. Sign placement.
b. Non-conforming signs, when bringing them into conformance as described in
section 18.96.130.0.
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 reauire no variances or onlv variances subiect to
Tvoe I orocedures.
b. Creation of a orivate way. as allowed in section 18.80.030.B.
c. Final Plan Aooroval for Performance Standards Subdivisions.
8. The 'ellewing de"."e1epments subjed te the Site Design and Use
Standards in sedien 18.72.949.B:
a. An", change in use et a let trem ene general use categer"f te anether
general use eategery, e.g., trem residential te cemmerEial, as defined
b"i the zening regulatiens et this Cede.
b. Any residential use whiEh results in feur dwelling units er mere en a
let.
c. All new strudures er additiens greater than 2,599 square feet, except
fer de"..elepments induded in sedien 18.198.939.A.6.
~9.Any other planning action designated as subject to the Type I Procedure.
7. Prior to the Staff Advisor orovidinQ notice of aoolication and makina a
decision. aoolicants or the Staff Advisor may reauest olannina actions
subiect to a Tvoe I orocedure be heard bv the Commission or Hearinas
Board. In such case. the Staff Advisor shall not make a decision and shall
schedule a hearina before the Commission or Hearinas Board to be heard
as orovided in section 18.108.050.
B. Notice of Application. Time Limits, Netice and Hearing Requirements.
Applicatiens subjed te the Type I Precedure shall be precessed as felle"us:
Ashland Land Use Ordinance Amendments
First Reading: February 19, 2008-p. 67 -
1. Within 10 days of the city's determination that an aoolication is
comolete, but no less than 20 days before the Staff Advisor makes a
decision, written notice of the aoolication shall be mailed to all of the
followinQ:
a. Aoolicant.
b. Owners of the subject orooertv.
c. Owners of orooerties located within 200 feet of the oerimeter of the
subject orooertv.
d. NeiQhborhood Qrouo or community orQanization officiallv recoQnized
bv the city council that includes the area of the subject orooerty.
e. For final oartitions, final subdivisions, and final Outline Plans, to
interested oarties of record from the tentative decision.
f. For modification aoolications, to oersons who reQuested notice of the
oriQinal aoolication that is beinQ modified.
2. The written notice shall include all of the followinQ:
a. The street address or other easilv understood QeoQraohical reference
to the subject orooertv.
b. The aoolicable criteria for the decision, listed bv commonlv used
citation.
c. The olace, date, and time that comments are due.
d. A statement that cooies of all evidence relied uoon bv the acolicant
are available for review, and can be obtained at cost.
e. A statement that issues that may orovide the basis for an acoeal to
the Land Use Board of Aooeals must be raised in writinQ and with
sufficient soecificitv to enable the decision maker to resoond to the
issue.
f. The name and ohone number of a city contact oerson.
Q. A brief summary of the local decision makinQ orocess for the decision
beinQ made.
3. Posted Notice. A notice shall be oosted on the subject orooertv in such a
manner as to be c1earlv visible from a oublic riQht-of-wav. PostinQ shall
occur no later than the date of mailinQ notice of aoolication.
4. Notices shall allow a 14-dav oeriod for the submission of written
comments, startinQ from the date of mailinQ. All comments must be
received bv the city within that 14-dav oeriod.
C. Decision. Within 45 days of the city's determination that an aoolication is
comolete, unless the aoolicant aQrees to a 10nQer time oeriod, the Staff
Advisor shall aoorove, conditionallv aoorove, or deny a Tvoe I aoolication.
D. Notice of Decision.
1 Within 5 days after the Staff Advisor renders a decision, the city shall
mail notice of the decision to the followinQ:
a. Aoolicant.
b. Owner and occuoants of the subject orooertv.
c. NeiQhborhood Qrouo or community orQanization officiallv recoQnized
bv the city that includes the area of the subject orooertv.
d. Anv Qrouo or individual who submitted written comments durinQ the
comment oeriod.
e. Those Qrouos 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 prooertv.
2. The notice shall include all of the followinQ:
a. A description of the nature of the decision of the Staff Advisor.
Ashland Land Use Ordinance Amendments
First Reading: February 19, 2008-p. 68 -
b. An exolanation of the nature of the aoolication and the orooosed use
or uses which could be authorized.
c. The street address or other easilv understood QeoQraohical reference
to the subiect orooertv.
d. The name of a city reoresentative to contact and the teleohone
number where additional information may be obtained.
e. A statement that a coov of the aoolication, all documents and
evidence submitted bv or on behalf of the aoolicant and aDolicable
criteria are available for insoection at no cost and will be orovided at
reasonable cost.
f. A statement that any oerson who was mailed a written notice of the
Staff Advisor's decision may reQuest reconsideration or aDoeal as
orovided in ALUO 18.108.070(B)(2).
Q. A statement that the Staff Advisor's decision will not become final
until the oeriod for filinQ a local aooeal has exoired.
h. An exolanation that a oerson who is mailed written notice of the Staff
Advisor's decision cannot aooeal directlv to LUBA.
3. Unless the decision is reconsidered or aooealed accordinQ to the
orocedures 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. Ca"'plde applicatiaRs shall be re',,"ie'..,ed at the first regtllarl',' schedtlled
Ca",,,,issiaR "'ediRg which is held at least 39 da,s after the stlb",issiaR
af the ca"'plde applicatiaR.
2. WithiR 14 da",s after receipt af a ca"'plde applicatiaR, the Staff Ad...isar
shall appra'..e, appra....e with caRditiaRs ar deR'j the applicatia" tlRless
stich ti",e li",itatiaR is exteRded 'A"ith the caRseRt af the applicaRt. The
Staff Adyisar shall eRter fiRdiRgs aRd caRcltlsiaRs ta jtlstif",. the decisiaR.
3. Hatice af the decisiaR shall be ",ailed withiR seveR days af the decisiaR
ta the persaRs described iR seetiaR 18.198.939.B.3. The Ratiee shall
caRtaiR the iR'ar",atiaR reqtlired iR seetiaR 18.198.939.B.2 pltls a
state",eRt that tlRless a ptlblic heariRg is reqtlested, the aetiaR ,,',i11 be
re...ie'#ed by the Ca",,,,issiaR. PersaRs ta wha", the Ratice is ",ailed shall
ha~..e 19 days fra", the date af ",ailiRg iR which ta reqtlest a ptlblic
heariRg befare the Ca",,,,issiaR. Reqtlests far a ptlblic heari"g shall
caR'ar", to the reqtlire"'eRts af seetiaR 18.198.939.B.4.
4. If a reqtlest far a ptlblic heariRg is ti",el',' receiyed, a ptlblic hearing shall
be schedtlled far the Rext regtllar Ca",,,,issiaR ar HeariRgs Baard "'eetiRg
allavJiRg adeql:late ti",e ta ca"'ply with the Ratice reqtlire"'eRts af
seetiaR 18.198.989. The ptlblic heariRg shall be iR accard '.vith the
reqtlire"'eRts af sectiaR 18.198.199.
5. If Ra reqtlest far a ptlblic heariRg is timel',' reeeiyed, the decisiaR shall be
re."iev;ed b"{ the CammissiaR ar HeariRgs Baard at its first regl:llarly
schedtlled mediRg 39 da't"s after stlb",issiaR af the applieatioR. The
Ca",,,,issiaR or Baard ",a"f:
B. A",eRd the decisiaR; in Stich case, the aetioR shall be re Raticed as a
T'fpe I decisiaR, with a 7 da,' periad withiR ....,.hich to reqtlest a ptlblie
heariRg, except that the Com",issioR shall Rat re'\.-iew the decisiaR
agaiR shatlld there be Ra stleh reqtlest filed.
b. IRitiate a ptlblie heariRg af the decisiaR, throtlgh a ",ajarity '"ote af
those iR atteRdaRee, ta be heard at the fallowiRg "'aRth's regtllarly
schedtlled Ca",,,,issiaR ar Baard mediRg.
c. Tal(e Ra adiaR at the "'ediRg wheR the decisiaR is sehedtlled aR the
ageRda. IR stleh case the decisioR is fiRal the Rext day.
Ashland Land Use Ordinance Amendments
First Reading: February 19, 2008-p. 69 -
6. Prier te the Staff Ad"..iser maldng a deEisien, appliEants er the Staff Adviser
ma", reEtl:lest planning adiens sl:Ibjed te a T"/pe I preEedl:lre be heard by the
Cemmissien er Beard. In sl:lEh Ease, the Staff Ad"."iser shall net make a deEisien
and shall sEhedl:lle a hearing bdere the Cemmissien er Beard te be heard as
pre",,"ided in sedien 18.198.949.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
Procedure:
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 pl:lbliE hearing of a Staff Advisor decision. includinG a Tvpe I
PlanninG Action or Interpretation of the Ashland Land Use Code.
resl:llting frem the Staff Permit Precedl:lrc.
7. Any other planning action not designated as subject to the Tvpe I or Tvpe III
Type 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-!-.Complete applications shall be heard at Lthe 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,W 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
Ashland Land Use Ordinance Amendments
First Reading: February 19, 2008-p. 70 -
B. Standards for Type III Planning Actions.
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.
Ashland Land Use Ordinance Amendments
First Reading: February 19, 2008-p. 71 -
The total number of affordable units described in sections D or E shall be
determined by rounding down fractional answers to the nearest whole
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. Far pla""i"g adia"s EtesEriheEt i" sedia" 18.198.969.A. 1 a"EI 2, the
Ca""""issia" shall ha'."e the autharity ta tal(e sUEh adia" as is
"ecessary ta ""al(e the a""e"d""e"ts ta ""aI's a"Et za"es as a result af
the dedsia" withaut further adia" fra"" the Cau"cil u"less the
Etedsia" is appealeEt. The Eledsia" af the Ca""""issia" ",ay he
appealed ta the Cau"cil as pra'J'iEted i" sedia" 18.198.110.
a. Far pla""i"g adia"s ElesEribed i" sedia" 18.198.969.A. a a"Et 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 Per""it Dedsia"s. Expedited Land Divisions. Unless appealed within
14 days of mailina a notice of decision. the Staff Advisor decision
becomes final on the 15th day. Appeals shall be considered as set forth
in ALUO 18.108.030rC) and ORS 197.375. U"less a reEtuest far a puhlif:
heari"g is ""aEte, the fi"al dedsia" af the Cit'," far pla""i"g adia"s
resulti"g fra"" the Staff Per""it praEeEture shall he the Staff Ad...isar
Eledsia", whiEh shall he effedi'.".e te" Etays after the Etate af EteEisia". If
hearEt h'," the Ca""""issia" ar Baard, the Ca""""issia" ar Baard EleEisia"
shall be the fi"al Etedsia" af the Cit, a" sUEh ""atters, effedi...e 15 days
after the fi"Eti"gs aEtapted h'{ the Ca""""issia" are sig"eEt h" the Chair af
the Ca""""issia" a"d ""aileEt ta the parties.
2. Type I Planning Actions.
a. Effective Date of Decision. U"less a reEtuest far a puhliE heari"g is
""ade, t,Ihe final decision of the City for planning actions resulting from the
Ashland Land Use Ordinance Amendments
First Reading: February 19, 2008-p. 72 -
Type I Planning Procedure shall be the Staff Advisor decision, effective on the
13th day after notice of the decision is mailed schedl:lled ts be rt:',,-iewed
b'( the Csmmissis" sr Bsard. If a pl:Iblie hearing is held by the
Csmmissis" sr Beard, the decisis" sf the Csmmissis" sr Bsard shall
be the fi"al decisis" sf the City, unless reconsideration of the action is
aDDroved by the Staff Advisor or appealed to the CSl:.l"cil Commission
as provided in section 18.108.070CBH2Hc).119.A.
b. Reconsideration. The Staff Advisor may reconsider TYDe I olannina
actions as set forth below.
i. Any Darty entitled to notice of the Dlannina action. or any City
Aaency may reauest reconsideration of the action after the
decision has been made by orovidina evidence to the Staff Advisor
that a factual error occurred throuah no fault of the Darty askina
for reconsideration. which in the oDinion of the staff advisor.
miaht affect the decision. Reconsideration reauests are limited to
factual errors and not the failure of an issue to be raised by letter
or evidence durina the oODortunity to Drovide Dublic 'nout on the
aDDlication sufficient to afford the Staff Advisor an oooortunity to
resoond to the issue Drior to makina a decision.
ii. Reconsideration reauests shall be received within five (5) days of
mailina. The Staff Advisor shall decide within three (3) days
whether to reconsider the matter.
iii. If the Plannina Staff Advisor is satisfied that an error occurred
crucial to the decision. the Staff Advisor shall withdraw the
decision for Durooses of reconsideration. The Staff Advisor shall
decide within ten (10) days to affirm. modify. or reverse the
oriainal decision. The Staff Advisor shall send notice of the
reconsideration decision to affirm. modify. or reverse to any Darty
entitled to notice of the Dlannina action.
Ashland Land Use Ordinance Amendments
First Reading: February 19, 2008-p. 73 -
iv. If the Staff Advisor is not satisfied that an error occurred crucial to
the decision. the Staff Advisor shall denv the reconsideration
reauest. Notice of denial shall be sent to those oarties that
reauested reconsideration.
c. Aooeal.
i. If a public hearing is held, Within twelve (12) davs of the date
of the mailina of the Staff Advisor's final decision. includina anv
aooroved reconsideration reauest. the decision may be aooealed to
the Plannina Commission by any oarty entitled to receive notice of the
olannina action. The aooeal shall be submitted to the Plannina
Commission Secretary on a form aooroved by the City Administrator.
be accomoanied by a fee established oursuant to City Council action.
and be received by the city no later than 4:30 o.m. on the 12th day
after the notice of decision is mailed.
ii. If an aooellant orevails at the hearina or uoon subseauent
aooeal. the fee for the initial hearina shall be refunded. The fee
reauired in this section shall not aooly to aooeals made by
neiahborhood or community oraanizations recoanized by the city and
whose boundaries include the site.
III. The aooeal shall be considered at the next reaular Plannina
Commission or Hearinas Board meetina. The aooeal shall be a de
novo hearina and shall be considered the initial evidentiary hearina
reauired under ALUO 18.108.050 and ORS 197.763 as the basis for an
aooeal to the Land Use Board of Aooeals. The Plannina Commission or
Hearinas Board the final decision on aooeal 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 aooeal reauirements of this section must be fully met or
the aooeal will be considered by the city as a iurisdictional defect and
will not be heard or considered.
d. Final Decision of City. The decision of the CBunin Commission shall be
the final decision of the City on appeals heard by the CBunCn Commission
on Tyoe I Plannina actions, effective the day the findings adopted by the
CBuncH Commission are signed by the '4a";Br 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
1~5 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 orovided 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 Staff Advisor that a factual error occurred through
no fault of the party asking for reconsideration, which in the
opinion of the Staff Advisor. miaht affect the decision.
Ashland Land Use Ordinance Amendments
First Reading: February 19, 2008-p. 74 -
Reconsideration reauests are limited to factual errors and not the
failure of an issue to be raised bv letter or evidence durina the
oDDortunitv to Drovide Dublic inDut on the aDDlication sufficient to
afford the Staff Advisor an oDDortunitv to resDond to the issue
Drior to makina a decision.
ii. Reconsideration reauests shall be received within five (5) days of
mailina. The Staff Advisor shall decide within three (3) days
whether to reconsider the matter.
iii. If the Staff Advisor is satisfied that an error occurred crucial to the
decision. the Staff Advisor shall schedule reconsideration with
notice to DarticiDants of the matter before the Plannina
Commission. Reconsideration shall be scheduled before the
Plannina Commission at the next reaularlv scheduled meetina.
Reconsideration shall be limited to the Dortion of the decision
affected bv the facts not raised durina the ODen Dublic hearina and
record.
iv. Reaardless of who files the reauest for reconsideration. if the
aDDlicant 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 Staff
Advisor.
v. The Plannina Commission shall decide to affirm. modify. or reverse
the oriainal decision. The Plannina Commission Secretary shall
send notice of the reconsideration decision to any Dartv entitled to
notice of the Dlannina action.
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 TVDe 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 pl:lblie hearing and
decision upon motion and majority vote, provided such vote takes place in the
required aDDeal time period, as al:ltlined bela'N. Unless the Dlannina action
is aDDealed and a Dublic hearina is reauired. the City Council reyiew of
the Plannina Action is limited to the record and Dublic testimony is not
allowed. The City Council may affirm. modifY or reverse the decision of
the Plannina Commission. or may remand the decision to the Plannina
Commission for additional consideration if sufficient time is Dermitted for
makina a final decision of the city. The City Council shall make findinas
and conclusions and cause cODies of a final order to be sent to all Darties
of the Dlannina action.
Ashland Land Use Ordinance Amendments
First Reading: February 19, 2008-p. 75 -
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 HearinQ 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.ul'IlESS thE
hEaril'lg has beEI'I rEquEstEd Ul'ldEr the Staff Permit praceElure. 11'1
such caSE the l'IaticE shall bemailedal.ll...teewl.lerswithil.l 199
fEet ef thE SUbjEct prepert)".
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.
3. The street address or other easily understood geographical reference to the
su bject 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. EXCEpt fer Staff PErmit PrecedurE plal'll'lil'lg aetiel'ls, A notice,
as described in this subsection, shall be posted on the subject property by the
applical'lt citv 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 Cemmissiel'l mEetil'lg. Failure by
the applical'lt city to post a notice, or post in clear view from a public right-of-
way shall be considered an incomplete application. The applical'lt 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:
Ashland Land Use Ordinance Amendments
First Reading: February 19, 2008-p. 76 -
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 9 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
9 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:
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.
Ashland Land Use Ordinance Amendments
First Reading: February 19, 2008-p. 77 -
A. Appeals of =Fype I decisieRs fer lJJhieh a heariRg has heeR held, ef Type II
decisions or of Type III decisions described in ~ection 18.108.060.A.1 ~nd 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. Faill:lre te pay the Appeal Fce
at the time All the appeal reauirements of Section 18.108.110. includina the
aDDeal fee. must be fullv met or the aDDeal will be considered bv the city as
is filed is a jurisdictionallY 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 ef the
heariRg eRto consider the appeal by the Council shall be mailed to the parties
at least 20 days prior to the heariRgmeetina.
4. The appeal shall be based solelv "on the record" established before the
Plannina Commission. The aDDeal shall not be subiect to a Dublic
hearina and additional evidence. However. if in the determination of the
City Administrator that a factual error occurred or additional substantive
information miaht affect the outcome of the decision. the City Council
may acceDt additional testimony limited to these facts and information
as set forth in a notice of aDDeal. The Council. or the Mavor in the
absence of Council rules. may set forth the Drocedure for the conduct of
"on the record" aDDeals. a de Rewe e"JidcRtiary heariRg.
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.
Ashland Land Use Ordinance Amendments
First Reading: February 19, 2008-p. 78 -
Ashland Land Use Ordinance Amendments
First Reading: February 19, 2008-p. 79 -
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 Caul'lt:i1, b.,. Majarit', '..ate.
~4.Persons who were entitled to receive notice of the action but did not receive
notice due to error.
SECTION 106, 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 olannino action 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 soecified 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 PlaRRiRg CaMMissiaR may grant an
extension ta this tiMe periad subject ta the T',pe 1 praeedl:lre set farth iR
Chapter 18.198 af this Title.of the aooroval under the followino conditions:
1. One time extension no lonoer than eiohteen (18) months is allowed.
2. The Staff Advisor shall find that a chanoe of conditions for which the
aoolicant was not resoonsible orevented the aoolicant from comoleted
the develooment within the orioinal time limitation.
3. Land Use Ordinance re~uirements aoolicable to the develooment have
not chanoed since the orioinal aooroval. An extension mav be oranted.
however. if re~uirements have chanoed and the aoolicant aorees to
comolv with anv such chanoes.
SECTION 10Z, 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 olannino action 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 10jL 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
5. Hillside Lands
6. Historic Districts
7. North Mountain Zone
8. Phvsical and Environmental Constraints Maos
Ashland Land Use Ordinance Amendments
First Reading: February 19, 2008-p. 80 -
9. FloodDlain Corridor Lands
10. RiDarian Preservation Lands
11. Hillside Lands
12. Wildfire Lands
13. Severe Constraints Lands
14. Performance Standards Overlay
15. ResidentialOverlav
16. Zonina MaD
SECTION 109, 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 110 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 111, 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: February 19, 2008-p. 81 -
John W. Morrison, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Ashland Land Use Ordinance Amendments
First Reading: February 19, 2008-p. 82 -
CITY OF
ASHLAND
Council Communication
Presentation on Mount Ashland Association Wastewater Plant
Meeting Date: February 19, 2008 Primary Staff Contact: Martha J. Bennett
Department: Administration E-Mail: bennettm@ashland.or.us
Secondary Dept.: Secondary Contact:
Approval: Estimated Time: 10 minutes
Question:
Does the Council wish to invite Mount Ashland Association (MAA) and the Oregon Department of
Environmental Quality (DEQ) to make a presentation about the performance and regulations related to
the wastewater treatment plant at the Mount Ashland Ski Area?
Staff Recommendation:
Staff recommends that if Council wishes to discuss issues related to the regulations that apply to the
MAA treatment plant and the performance of the plant that the City invite representatives from MAA
(the operator) and DEQ (the regulatory agency) to make a presentation after the ski area closes for the
2008 season.
Background:
At Council's request, staff gave copies of the reports that MAA submits to DEQ about the wastewater
plant to the City Council. After receiving those reports, Councilor Navickas asked ifthere could be
City Council discussion about the wastewater plant.
Since the City is not the operator of the plant and does not hold the permits, staff recommends that the
Council decide whether it wishes to have MAA and DEQ address the issues that the Council may be
concerned about. Because the ski area is at its peak, busiest time of year, staff recommends that we
ask for the presentation after the ski season concludes, in late April or early May of this year.
Related City Policies:
None.
Council Options:
Council can direct staffto:
· Request a presentation from MAA and DEQ as recommended.
· Take no action
· Take a different action
Potential Motions:
I move that we direct the City Administrator to request a presentation from MAA and DEQ
Attachments:
None
Page] of]
02] 908 MAA Sewage Treatment Plant.CC.doc
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