HomeMy WebLinkAbout2008-0616 Study Session PACKET
CITY OF
ASHLAND
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CITY COUNCIL STUDY SESSION
AGENDA
Monday, June 16, 2008 at 6:00 p.m.
Council Chamber, 1175 East Main Street
6:00 p.m. Study Session
1. Discussion on Ashland Gun Club Lease [45 Minutes]
2. Look Ahead Review
3. Review of regular meeting agenda for June 17, 2008
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CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Discussion on Ashland Gun Club Lease
June 16,2008 Primary Staff Contact: Don Robertson
Parks E-Mail: robertsond@ashland.oLus
Administration Secondary Contact: Martha Bennett
Martha Bennett Estimated Time: 45 minutes
Question:
Does the Council wish to extend the lease to the Ashland Gun Club? If the lease is extended, under
what conditions and for how long will it last? If it is not extended, how will the property be used?
Staff Recommendation:
This is a study session item for discussion purpose only.
Background:
The Ashland Gun Club has been leasing property from the City to use as its gun club facility since at
least 1968. The current Ashland Gun Club Lease will expire at the end of June 2009. Members of the
club first requested a lease extension in February 2004. On July 20, 2005 the Council and Parks
Commission had a joint study session to discuss a possible lease extension. At that time, input was
provided by the Ashland Gun Club membership, but community members did not get an opportunity to
speak. The specific issues for consideration at that meeting were:
· Does the City have an interest in extending the lease for the Ashland Gun Club?
· Does the Parks Commission have an interest in continuing the management agreement?
At the conclusion of the City Council study session, staff was directed to develop a draft Lease for City
Council to consider, which would extend the years of operation by the Ashland Gun Club. Ashland
Gun Club members prepared and presented a proposed lease to the City in June of 2007 but review of
their draft was put on hold during the time while the City was hiring a City Attorney. Ashland Gun
Club members and supporters have sent dozens ofletters to the City requesting renewal of the lease.
City legal staff developed a draft lease in March of this year. This draft attempted to address the issues
raised about the Ashland Gun Club's relationship to their neighbors. This draft was circulated to the
Ashland Gun Club and to many ofthe neighbors of the property. The draft agreement is attached.
After they received a copy of the draft lease, several of the neighbors contacted City and Parks and
Recreation staff to discuss their concerns. Before raising particular concerns about Ashland Gun Club
operations (addressed on page 5), one of the neighbors asked whether the City Council had already
decided to extend the lease. These neighbors asked to address the City Council to make their case both
about whether a gun club is an appropriate use of this property and about the particular conditions that
should be placed on the operation if the City signs a new lease with the Ashland Gun Club.
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Discussion:
Should the property be used as a shootiDl! ran2e/2un club?
The Ashland Gun Club property, along with all other City lands, is being studied for potential other
uses as part of the facilities master plan. For the purpose of preparing for this study session, staff
considered all of the options that the City Council has for use of this property. In all of the options, we
assume that the City will retain some form of ownership (whether it's direct ownership or an easement
of some kind) over the portion of the property that contains the Lithia Water wellhead and other related
historic structures. Some of the options we considered are:
1. Allow the Ashland Gun Club Lease to expire, retain City ownership of the property, and convert
the property to another use, as allowed by County zoning (addressed on page 4).
2. Allow the Ashland Gun Club Lease to expire, retain an easement or ownership of the Lithia Water
wellhead, declare the remainder of the property surplus, and sell this remaining portion. As a
variation on this option, the City could declare a portion of the property surplus and seek to
exchange it for another piece of land, such as Clay Street.
3. Offer a new lease to the Ashland Gun Club which includes terms that limit the liability of the City
for potential lead contamination and for all security issues and that address at least some of the
"good neighbor" issues. The lease would also allow some limited use of the property for Public
Works purposes.
4. The City could declare a portion of the property surplus (again, not the portion with the Lithia
Water) and offer to sell it directly to the Ashland Gun Club. The City would address the good
neighbor issues through deed restrictions, which could be enforced in court. Staff has not
thoroughly explored this option, so if Council is interested in it, we'd want to do further work.
The City does use the property not only for Lithia Water but for disposal of some of the spoils from
public works projects and the street sweeper. The sweeper spoils were moved to this property after the
City received numerous and repeated complaints from the neighbors of the "B" street yard.
What Issues Need to be Addressed if the Ashland Gun Club Lease is Renewed?
If the determination is to extend use by the Ashland Gun Club, the following issues will need to be
addressed:
. Good Neighbor Issues. Many of the concerns raised by the neighbors related to how early and
often the Ashland Gun Club is used. Neighbors also are concerned about particular types of
noise, such as that from repeating weapons or from weapons that have a great deal of power.
o Hours of Operation. Should the use be restricted on weekends? Should there be one
weekend day of no use or a later start time on weekend mornings? Should evenings,
particularly summer evenings, be more restricted?
o Limitations on the types of weapons that are fired (automatic, semi-automatic, and
weapons that have a high degree of force and are therefore noisy)
o Noticing to neighbors of unusual/special use
o Traffic
o Security
o Use for National Guard Training.
· Term of the Lease. A major component of improvements on the site is funding via grants from
ODFW, DSL and other entities, most of which require a minimum of 10 year lease.
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· Environmental clean up issues. One of the key issues for this property will be to ensure that the
Ashland Gun Club can comply with the Best Management Practices for Lead at Outdoor
Shooting Ranges as defined by the EP A. The City may want to require regular lead removal
every three to five years. Federal and state grants are one of the means of obtaining funding for
lead abatement.
What Issues Need to be Addressed if the Ashland Gun Club Lease is Allowed to Expire?
If the determination is not to renew the lease, Council will need to discuss these issues prior to
deciding whether to retain the property for an alternative use or to declare the property surplus (and
sell or trade it).
· Land Use regulations that affect the uses of the property (see page 4 and attachment)
. Lithia Water Access and Historic Resource Preservation
. Environmental Cleanup Needs and Costs
· Public Infrastructure issues, including the condition of the road and the lack of available
electric, telecommunications, water and wastewater utilities
· Bear Creek Greenway Extension (the original plan calls for the Greenway to link Bear Creek
with Emigrant Creek on the north side of the property and eventually link to Emigrant Lake)
Facilities Master Plan
In January 2008, the City Council initiated a Facilities Master Plan. The Council appointed a
Committee to make recommendations for future improvements, uses, and dispositions of all City
buildings and properties The Committee has identified the need to combine the city yards, currently
located on B Street and 90 North Mountain and East Nevada, and has determined ten acres are needed.
The Committee has considered the gun club property as a possible future site for the city yard.
Pros:
. Land is sufficient in size to meet the needs of City yards and equipment
. Reduces conflicts with the existing neighbors of the B Street and North Mountain
Neighborhoods.
Cons:
. Property is outside city limits and outside UGB
. Road is sub standard, is failing rapidly and will not support heavy equipment traffic
. Property is low lying and parts of it are in the flood plain
. No city utilities (water/sewer, electricity)
. Several different well heads that produce Lithia water are on the property - if another well is
needed city will need the flexibility to drill
. Surrounding residential neighbors could be impacted by traffic and noise
. Property location poses operational challenges:
o Approximately 70 employees would add 7.3 miles to their driving time to work.
o Staff estimates additional drive distance (from Hwy 66 to property) would result in
approximately 330 additional gallons of fuel per week for city vehicles.
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CITY OF
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o City vehicles represent approximately 1250 round trips per week in and out of current
city yard.
· Property topography is hilly and not conducive to storage and access needs of a city yard.
· Possible environmental concerns regarding installing fuel pumps, storage and equipment.
The committee has not yet reached a decision on the best use of this property.
Land Use Issues Affectin2 the Property
Background and Site Characteristics
The Ashland Gun Club is part of three city-owned properties (400, 700 & 800) totaling approximately
66-acres. Access to the property is from Emigrant Creek Road, a county road that passes through the
northwest corner of the property. The topography of the area is varied, consisting of an expansive,
relatively flat area along the property's northerly boundary, with the south and southeast potions of the
property having slopes ranging between 10 and 30 percent. Additionally, Emigrant Creek, and its
associated 100-year floodplain, traverses the north easterly corner of the property.
Jackson County Zoning Designation
The zoning is primarily Open Space Reserve (OSR), which is a Forest Resource Zone. A very small,
insignificant corner of the property, lying just south of Emigrant Creek Road, is zoned EFU, Exclusive
Farm Use. According to Jackson County Planning Department records, the Ashland Gun Club is a
conforming use, permitted under the OSR zoning designation with a valid Jackson County land use
approval in place (File 00-35-DAR).
The purpose of a Forest Resource (FR) zoning Districts is to conserve forest lands. Various zoning
districts, including Open Space Reserve (OSR), are applied to areas identified as forest land by
Jackson County's Comprehensive Plan. A variety of permitted uses are described under the County's
zoning code, including:
. Farm and Forest Uses
. Natural Resource Uses
. Residential Uses
. Commercial Uses
. Mineral, Aggregate, Oil and Gas Uses
. Transportation Uses
. Utility/Solid Waste Disposal Facilities
. Parks/Public/Quasi-Public Uses
. Outdoor Gathering Uses
City or public yards are not listed as an allowable use in the OSR Zone, and county planning staff did
not feel, at least preliminarily, that it would fit under any of the permitted or conditional uses listed for
the property. Additionally, only large-tract residential use is permitted, consisting of a minimum lot
size of 160-acres; thus, the gun club property is too small to allow this use.
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On-site Contamination
Staff from the Department of Environmental Quality (DEQ) indicated that shooting ranges are required
to go through an environmental assessment process for almost any change in use. Any activity that
would involve grading or removal of soil also requires an assessment. There are various clean-up
options that can come out of the assessment process and some similar gun club sites are currently
undergoing cleanup at this time.
Draft Lease:
Staff has prepared a draft lease for council review and consideration. The draft lease agreement is an
attempt to incorporate feedback from a number of meetings and conversations with gun club members
and neighboring property owners. The provisions of the draft lease can be changed to address
additional concerns. The draft was reviewed by two neighbors who met with staff to share their
concerns. It should in no way be construed that the opinions of the two neighbors is representative of
the entire neighborhood. Nor should this list be considered the definitive list of concerns of other
neighbors. However they do present a thoughtful list of concerns that are believed to be shared by
many of the neighbors. The concerns from the two neighbors that provided comments after the draft
lease was completed include:
1. Grants should not dictate City Policy: This is in reference to the need to extend the lease beyond
10 years.
· Response: There are federal and state grants for a number of activities. For example,
the FAA awards grants for airport development, the Oregon State Marine Board
provides funding for docks on public property, and the Oregon Department of
Transportation supplies monies for transportation improvements. The terms associated
with grant monies must be considered in all of these situations if the City wishes to
receive the funding. Grant money is available for lead abatement, but the terms require
a ten-year lease. It is in the City's best interest to take steps to make sure that lead
abatement continues on the property, and grant funding is one means of ensuring that
the City will not have to finance a clean-up in the future.
2. Automatic weapons/semi-automatic weapons - should they be there?
· Response: Section 4.2(3) of the draft lease agreement prohibits the use of automatic
weapons and weapons that exceed 6000 foot-pounds of muzzle energy.
3. National Guard or Paramilitary organizations (except APD) - should they be there?
. Response: The National Guard utilizes the Gun Club facility for training approximately
4 times a year during normal facility hours. Generally the National Guard's use of the
facilities consists of individual soldiers in the community using the facility to meet
requirements. Section 4.2(1)(a) of the draft lease agreement allows use by law
enforcement agencies and military units outside of the normal hours of operation by
giving notice to nearby property owners at least two weeks in advance. It is the police
force that may be utilizing this night time exception for special training.
4. How do we determine true noise context and restrict decibels?
. Response: Section 4.2(3) of the draft lease agreement, which prohibits automatic
weapons and weapons with a muzzle energy that exceeds 6,000 foot-pounds, is a means
of restricting noise. The muzzle energy of the weapon is what determines how loud the
weapon is when it is fired.
5. Reasonable hours - 10 am - 6 pm, closed either Saturday or Sunday, restrictions on Holidays
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. Response: Section 4.2(1) of the draft lease agreement restricts the hours of operation
during the week from 8AM to sunset, and on the weekends from 9AM to sunset. These
hours were a compromise that came out of a number of discussions with the gun club
and the neighbors since 2005. The ORS would allow shooting from 7AM to lOPM or
any shooting conducted for law enforcement training purposes. ORS 467.131(3). Thus,
the proposed hours are more restrictive than what Oregon law allows.
6. Paper Targets only, no metal targets
. Response: The draft lease agreement does not currently address the types of targets that
can be used, but the lease can be modified to restrict the use of metal targets. Currently
the gun club requires the use of official paper or metal targets only.
7. No overnight or only once per year
. Response: Section 4.2(4) of the draft lease agreement limits overnight events to one per
calendar year; however, during the event the shooting range hours must be strictly
complied with.
8. Require permission from City Council for any improvements
. Response: Section 6.1 of the draft lease agreement requires the Gun Club to obtain the
City's written consent before making any alterations or improvements. In addition, the
Gun Club must comply with all laws, including zoning regulations, and building codes.
9. Financial Responsibility for hazards materials retroactive to current activities
. Response: Section 4.3 of the draft lease agreement requires the Gun Club to comply
with all Environmental Laws and specifically with the Environmental Protection
Agency's Best Management Practices for Lead at Outdoor Shooting Ranges. Section
4.4 states that the Gun Club shall comply with all federal, state, and local laws at its
own cost and expense.
10. Comply with DEQ noise regulations
. Response: Oregon law exempts shooting ranges from civil liability for noise pollutions
between the hours of 7 AM and lOAM, or during law enforcement training; thus, the
Gun Club is not subject to any noise restrictions. ORS 467.131. In addition, the
Oregon legislature has pre-empted the City's ability to regulate the Gun Club property
and declare shooting activities as a nuisance or a trespass. ORS 467.136.
11. Insurance coverage is too low
. Response: Section 7.1 of the draft lease agreement requires the Gun Club to maintain a
comprehensive commercial general liability policy of$l,OOO,OOOO. The City's general
policy is to require $1,000,000 worth of insurance; however, the Gun Club currently has
$2,000,000 in coverage. The lease could be modified to require more insurance.
12. Indemnification (who is the Gun Club organization? Bond?)
. Response: Section 7.2 of the lease requires the Gun Club to indemnify the City to the
fullest extent permitted by law, including reasonable attorneys' fees, investigation costs,
and all other costs and expenses.
13. Default - who is responsible
. Response: Section 11.1 of the draft lease agreement states that a default in any of the
lease covenants must be remedied by the Gun Club. If the default is not remedied
(generally within a 20 day period) the lease may be terminated and the City may collect
damages.
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14. Lease rate
· Response: Article 3 of the draft lease agreement addresses the lease rate. The Gun Club
is required to pay all taxes and insurance costs and provide at least three community
events during each calendar year.
Related City Policies:
None
Council Options:
Provide direction to staff. No decision is needed at this time.
Potential Motions:
None
Attachments:
. Draft Agreement
. Property Maps
. Jackson County Land Use Code Chapter 4.3
. Lithia Springs Property Historic Significance
The Council packet and minutes of the July 20,2005 meeting are available on-line. Hard copies can
be made available on request.
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ASHLAND GUN CLUB LEASE AGREEMENT
THIS AGREEMENT is entered into between the CITY OF ASHLAND, OREGON, by
and through the City Council, hereinafter referred to as Lessor, and the ASHLAND
GUN CLUB, INC., hereinafter referred to as Lessee.
Whereas, Lessor is the owner of certain real property located in Jackson County,
Oregon; and
Whereas, the Lessor has formally leased the Property to Lessee since 1968 so that the
Lessee could use the property as a shooting range and Ashland Gun Club facility; and
Whereas, the current lease dates back to 1996 and will expire March 31,2009; and
Whereas, the Lessee would like to be eligible for grants from the State of Oregon and
Federal agencies that provide funds for Hunter/Shooter Safety training, range
improvements, lead abatement and other programs; and
Whereas, many grant programs require applicants to have remaining lease periods of
ten years or more; and
Whereas, the Lessor wishes to enter into a new lease that will meet grant requirements
as well as establish conditions and restrictions on the use of the Property that will
address the concerns of abutting property owners and the City.
NOW THEREFORE, LESSOR AND LESSEE HEREBY AGREE AS FOLLOWS:
ARTICLE 1. DEFINITIONS.
The following definitions shall apply to this document:
(1) Aqreement: this document, entitled Ashland Gun Club Lease Agreement, and
any exhibits incorporated herein.
(2) Alterations: include the addition or removal of any buildings, sheds, structures, or
the installation of any utilities, pipes, wiring, cables, and conduit on the Property.
(3) Automatic Weapons: a firearm that reloads itself and continues to fire until the
trigger is released.
(4) Bodilv Iniurv: any damage to a person's physical condition including pain or
illness, including but not limited to, an injury resulting in death.
(5) Effective Date: July 1,2008, the date this Agreement will take effect.
(6) Environmental Law: any federal, state, or local statute, regulation, or ordinance
or any judicial or other governmental order pertaining to the protection of health,
safety, or the environment.
(7) Hazardous Substance: any hazardous, toxic, infectious, or radioactive
substance, waste, or material as defined or listed by any Environmental Law and
shall include, without limitation, lead, petroleum oil and its fractions.
(8) Lessee: Ashland Gun Club, Inc.
(9) Lessor: the City of Ashland.
Ashland Gun Club Lease Agreement
Page 1 of 10
(10) Premises: the Property described on Exhibit A (except for remnants, structures
and areas with historic significance, including, Pompadour Springs, all pipes,
facilities and sources for obtaining Lithia water and all features marked on
Exhibit C) and any alterations or improvements constructed by Lessee.
(11) Property: certain real property located in Jackson County, Oregon, and
described fully in Exhibit A, attached hereto and incorporated herein by this
reference.
ARTICLE 2. LEASE OF PROPERTY AND TERM OF LEASE.
Section 2.1. Agreement to Lease. In consideration of the rent to be paid and
covenants to be performed by Lessee under this Agreement, Lessor hereby agrees to
lease the Property to Lessee, and Lessee agrees to lease the Property from Lessor on
the terms and conditions set forth in this Agreement.
Section 2.2. Original Term. The term of this lease shall be for a period of twenty
years, commencing on the Effective Date and the lease may be extended after 10 years
in accordance with Section 2.3, unless terminated earlier as provided in this Agreement.
Section 2.3. Extension Option. If the Agreement is not in default after the first ten
years of the lease term has elapsed, the lease shall operate as follows:
(1) Method of Extension; Lease Term. After the initial ten years of the lease has
elapsed on June 30,2018, the lease must be extended each year for the
remainder of the lease term by giving written notice to Lessor at least 90 (ninety)
days before June 30th starting in the year 2019.
Each of the extension terms shall commence on July 1 st (the day following
expiration of the preceding year) and shall continue for ten years. (See Table
below). Giving such notice shall be sufficient to make the Agreement binding for
a renewal term of ten years unless the Lessor objects to the renewal request.
Deadline to Renew Lease Beginning of Lease term if End of Lease Term
by Letter Accepted by the Lessor
March 30, 2019* July 1,2019 June 30, 2029
March 30, 2020 July 1,2020 June 30, 2030
March 30, 2021 July 1, 2021 June 30,2031
March 30, 2022* July 1, 2022 June 30,2032
March 30, 2023 July 1, 2023 June 30, 2033
March 30, 2024 July 1, 2024 June 30, 2034
March 30, 2025* July 1, 2025 June 30, 2035
March 30, 2026 July 1, 2026 June 30, 2036
March 30, 2027 July 1, 2027 June 30,2037
March 30, 2028* July 1, 2028 June 30, 2038
* = years the rent terms may be reviewed.
(2) Reiection of Extension Request. The Lessor may reject Lessee's request to
extend and renew the lease by providing written notice to the Lessee that the
extension request will not be accepted within forty-five (45) days of receipt of the
Ashland Gun Club Lease Agreement
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extension request from the Lessee. Failure to respond within 45 days of receipt
of the extension request indicates that the Lessor accepts the renewal of the
lease.
(3) Adiustment of Rent Provision. The Lessor shall have the opportunity to adjust
the rent established by this Agreement in Article 3 once every three (3) years,
starting in 2019. (See Table above.) All other terms of this Agreement shall
remain the same.
ARTICLE 3. RENT AND OTHER CONSIDERATION.
Section 3.1. Rent. All taxes, insurance costs, utility charges, and other costs that
Lessee is required to pay by this Agreement, and any other sums that Lessee is
required to pay to Lessor or third parties shall be considered rent.
Section 3.2. Required Community Events.
(1) Siqhtinq-In Weekend. The Lessee shall provide access to its shooting ranges,
during normal operating hours, free of charge for one weekend prior to the
regular deer and elk hunting seasons as published in the Oregon Big Game
Regulations by the Oregon Department of Fish and Wildlife. Lessee shall also
provide Range Officers and other assistance as necessary.
(2) Community Open House Weekend. The Lessee shall provide access to the
Premises during normal operating hours for all neighbors and community
members at least one weekend per year to explain the programs and
opportunities provided by the Lessee. Lessee may provide the opportunity for
visitors to fire weapons onthe range under strict control of the Lessee's Range
Officers.
(3) Historic Day. Lessee shall provide access to the Property for all neighbors and
community members during normal operating hours for at least one day per year
in which the shooting ranges will be closed to shooting. During the event
activities will be focused on the historic importance of the site.
ARTICLE 4. USE OF PREMISES.
Section 4.1. Permitted Use. The Premises shall be used as a firearms training facility
that provides indoor and/or outdoor facilities that allow the use of rifles, pistols,
shotguns, and archery equipment. A number of facilities are already present on the
facility and Lessee shall have the rights to such facilities. The Lessee shall have the
right to construct such facilities as are normally associated with such use, including, but
not limited to, ranges, berms, targets, target sheds, club buildings and parking lots, with
the approval of Lessor and Jackson County.
Section 4.2. Restrictions on Use.
(1) Hours of Operation. Lessee shall post the hours of operation for the shooting
ranges with a phone number where a responsible party can be reached. The
hours of operation for the shooting ranges shall be: Monday through Friday from
8AM to Sunset, and Saturday and Sunday from 9AM to Sunset.
(a) EXCEPTION. Law enforcement agencies and military units may utilize
the shooting ranges outside of the standard hours of operation for
specialized training by having the Ashland Gun Club provide notice of
Ashland Gun Club Lease Agreement
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specialized training sessions in its newsletter and to the Lessor in
accordance with Section 13.3 at least thirty (30) days before the training
session. If a training session is scheduled after the monthly newsletter is
published, or so that the newsletter will not be received in time to give
nearby property owners adequate notice, the Lessee must notify nearby
property owners of the event by other means at least two weeks before
the event.
(2) Areas not Subiect to Permitted Use. Lessee shall not be permitted to use the
pipes and access points for Lithia water, the remnants of historic buildings or
structures, or the remnants of Pompadour Springs. The Lessor retains all rights
to use and maintain areas of historic significance on the Property without
interfering with scheduled events and uses of Lessee.
(3) Firearm Restrictions. The following firearms shall not be used on the shooting
ranges:
(a) Firearms that exceed 6000 foot-pounds of muzzle energy; and
(b) Automatic Weapons, unless the weapon is being fired in a standard or
semi-automatic mode.
(4) Overniqht Events. Lessee shall only be permitted to have one (1) overnight
event per calendar year in which participants stay overnight for a multiple day
event on the Premises. The hours of operation for the shooting ranges must be
strictly complied with during the course of the event.
(5) Removal of Minerals and Gravel. Lessee shall not relocate or remove any
minerals, rock, gravel or soil on or from the premises without the permission of
the Lessor.
Section 4.3. Hazardous Substances. Lessee may use or otherwise handle only
those Hazardous Substances typically used or handled in the prudent and safe
operation of the use specified in Section 4.1. Lessee shall refrain from causing
Hazardous Substances, other than lead, to be spilled, leaked, disposed of, or
otherwise released on or under the Property. Lessee may store such Hazardous
Substances on the Property only in quantities necessary to satisfy Lessee's reasonably
anticipated needs. Lessee shall comply with all Environmental Laws and exercise the
highest degree of care in the use, handling, and storage of Hazardous Substances and
shall take all practicable measures to minimize the quantity and toxicity of Hazardous
Substances used, handled, or stored on the Property.
Lessee shall comply with the Environmental Protection Agency's Best
Management Practices for Lead at Outdoor Shooting Ranges to minimize and manage
lead contamination of the Premises. On the expiration or termination of this Agreement,
Lessee shall remove all lead from the Property.
Beginning in 2019, Lessor shall have the right to require Lessee to post financial
security for environmental clean-up of the site related to the Gun Club's use as a
condition of an extension under Section 2.3. Each year an extension is granted
Grantee may be required to post at least a proportion of the total amount deemed
necessary to perform lead removal on the site. The amount and the form of the
financial security must be approved by the Director of Public Works and City Attorney.
It is the intention of the Lessor and Lessee that grants and other environmental
remediation programs during the term of the Agreement will make posting financial
security unnecessary.
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Page 4 of 10
Section 4.4. Compliance with Laws. Lessee shall, at Lessee's own cost and
expense, comply with all federal, state, and local statutes, ordinances, regulations, rules
and requirements, relating to Lessee's use and occupancy of the Property. This Lease
does not authorize any use of the Property in violation of applicable land use laws and
regulations.
ARTICLE 5. MAINTENANCE, REPAIRS AND RESTORATION.
Section 5.1. Lessor's Obligations. Lessor shall be under no obligation to make or
perform any repairs, maintenance, replacements, alterations, or improvements on the
Property except for repairs and maintenance of the Lithia Springs Water facilities and
other historic areas on the Property, including any existing lines or new lines that need
to be installed to maintain Lessor's access to Lithia water.
Section 5.2. Lessee's Obligations. Lessee shall be responsible for:
(1) Repairs and maintenance of the boundary fence of the Property and Lessor's
adjacent property described in _.
(2) Any repairs necessitated by the negligence of Lessee, its agents, employees,
and invitees.
(3) Any repairs or alterations required under Lessee's obligation to comply with laws
and regulations as set forth in Section 4.4.
Section 5.3. Lessor's Interference with Lessee. In performing any repairs,
replacements, alterations, or other work performed on or around the Property, Lessor
shall not cause unreasonable interference with use of the Premises by Lessee. Lessee
shall have no right to an abatement of rent nor any claim against Lessor for any
inconvenience or disturbance resulting from Lessor's activities performed in
conformance with the requirement of this provision.
Section 5.4. Lessee's Duty to Restore Premises. If at any time during the term of this
Agreement, any improvements now or hereafter on the Premises are destroyed in
whole or in part by fire, theft, the elements, or any other cause not the fault of Lessor,
this Agreement shall continue in full force and effect. In such event, Lessee shall have
the option of either causing the damaged or destroyed improvements to be removed
from the Premises or, alternatively, Lessee may repair and restore the damaged
improvements. In the event that Lessee causes the damaged or destroyed
improvements to be removed from the Premises, Lessee may, at Lessee's discretion,
cause replacement structures to be erected on the Premises.
ARTICLE 6. OWNERSHIP OF ALTERATIONS.
Section 6.1. Alterations Prohibited. Lessee shall not make Alterations or
improvements on the Premises without first obtaining Lessor's written consent. All
Alterations shall be made in a good and workmanlike manner, and in compliance with
all laws and building codes.
Section 6.2. Ownership and Removal of Alterations. Title to all Alterations or
improvements, existing or hereafter constructed on the Premises by Lessee shall be
and remain the property of Lessee and may be removed by Lessee at expiration of this
Ashland Gun Club Lease Agreement
Page 5 of 10
Agreement. In the event that Lessee fails to remove any Alteration located on the
Premises at the expiration of this Agreement, then such Alteration shall be and become
the property of Lessor. However, Lessor may elect to remove such Alterations and
charge the expense of such removal, and the physical damage resulting from the
removal, to Lessee. In the event Lessor elects to remove the Alterations, Lessor shall
make its election within 60 days after expiration or termination of this Agreement and
shall notify Lessee of any such election.
ARTICLE 7. INSURANCE; INDEMNIFICATION; LIENS
Section 7.1. Liability Insurance. Lessee, at its sole cost and expense, commencing
on the Effective Date, and continuing during the lease term, shall procure, pay for and
keep in full force and effect comprehensive commercial general liability policy
(occurrence version) in a responsible company with coverage for Bodily Injury and
property damage liability, personal and advertising injury liability, blanket contractual
liability, contractual liability for obligations assumed under this Agreement, and medical
payments with a general aggregate limit of not less than $1,000,000 per occurrence for
combined single limit bodily injury and property damage claims, or $500,000 per
occurrence for bodily injury and $250,000 per occurrence for property damage. Such
insurance shall cover all risks arising directly or indirectly out of Lessee's activities on
the Property or any condition of the Property. Such insurance shall name Lessor as an
additional insured. Certificates evidencing such insurance and bearing endorsements
requiring 10 days written notice to Lessor before any change or cancellation of the
policy shall be furnished to Lessor before Lessee's occupancy of the property.
Section 7.2. Indemnification. To the fullest extent permitted by law, Lessee shall
indemnify, defend, and hold Lessor harmless from, and reimburse Lessor for, any cost,
claim, loss, Bodily Injury (including injury resulting in death), or liability that is suffered
directly or from a third-party claim arising out of, or related to: 1) any activity of Lessee,
or any agent, contractor, servant, invitee, licensee or employee of Lessee on the
Property, or 2) any condition of the Property in the possession or under the control of
Lessee, 3) an act or omission of Lessee or any agent, contractor, servant, invitee,
licensee or employee of Lessee, or 4) any breach by Lessee under this Agreement.
Lessor shall have no liability to Lessee for any injury, loss, or damage caused by third
parties, or by any condition of the Property.
This obligation to indemnify shall include reasonable attorneys' fees and
investigation costs and all other reasonable costs, expenses and liabilities incurred by
Lessor or its attorney from the first notice that any claim or demand is to be made or
may be made. In case that an action or proceeding is brought against Lessor because
of such claim, Lessee, upon notice from Lessor, agrees to defend such action or
proceeding by hiring counsel reasonably satisfactory to Lessor.
Section 7.3. Liens.
(1) Except with respect to activities for which Lessor is responsible, Lessee shall pay
as due all claims for work done, services rendered, or materials furnished to the
Property, and shall keep the Property free from any liens. If Lessee fails to pay
any such claims or to discharge any lien, Lessor may do so and collect the cost
as additional rent. Such action by Lessor shall not constitute a waiver of any right
or remedy which Lessor may have on account of Lessee's default.
Ashland Gun Club Lease Agreement
Page 6 of 10
(2) Lessee may withhold payment of any claim in connection with a good-faith
dispute over the obligation to pay, as long as Lessor's property interests are not
jeopardized. If a lien is filed as a result of nonpayment, Lessee shall, within 10
days after knowledge of the filing, secure the discharge of the lien or deposit with
Lessor cash or sufficient corporate surety bond or other surety satisfactory to
Lessor in an amount sufficient to discharge the lien plus any costs, attorney fees,
and other charges that could accrue as a result of a foreclosure or sale under the
lien.
ARTICLE 8. TAXES; UTILITIES.
Section 8.1. Payment of Taxes. Lessee shall pay all real property taxes and special
assessments levied upon the leased Property during the term of the Agreement.
Lessee shall not cause any liens or encumbrances to be imposed upon the leased
Property and if any lien or encumbrance is imposed upon such Property, Lessee shall
proceed to remove the lien or encumbrance immediately.
Section 8.2. Proration of Taxes. Lessee's share of real property taxes and
assessments for the years in which this Agreement commences or terminates shall be
prorated based on the portion of the tax year that this Agreement is in effect.
Section 8.3. Utilities. Lessee agrees to payor cause to be paid all utilities utilized in
connection with the Property during the term of this Agreement.
ARTICLE 9. REPRESENTATIONS.
Section 9.1. Lessor's Warranty. Lessor warrants that it is the owner of the Property
and has the right to lease it free of all encumbrances. Lessor will defend Lessee's right
to quiet enjoyment of the Property from the lawful claims of all persons during the lease
term.
Section 9.2. Lessee's Warranty. Lessee warrants that it has the power to enter into
this Agreement and that Lessee will abide by all of the terms and conditions of this
Agreement.
ARTICLE 10. ASSIGNMENT AND SUBLEASING.
No part of the Property may be assigned, mortgaged, or subleased, nor may a right of
use of any portion of the Property be conferred on any third person by any other means,
without the prior written consent of Lessor. This provision shall apply to all transfers by
operation of law. No consent in one instance shall prevent this provision from applying
to a subsequent instance. Lessor may withhold or condition such consent in its sole and
arbitrary discretion.
ARTICLE 11. DEFAULT.
Section 11.1. Default in Other Covenants. If Lessee fails to comply with any term or
condition or fulfill any obligation of this Agreement within 20 days after written notice
from Lessor specifying the nature of the default with reasonable particularity, the Lessee
Ashland Gun Club Lease Agreement
Page 7 of10
shall be held to have breached the terms of this Agreement. If the default is of such a
nature that it cannot be completely remedied within the 20-day period, then Lessee will
not be found in default as long as Lessee begins correction of the default within the 20-
day period, and thereafter proceeds with reasonable diligence and in good faith to effect
the remedy as soon as practicable.
Section 11.2. Abandonment. Failure of Lessee to occupy the Premises for 90 days or
more shall result in default unless the Lessor consents to the absence in writing.
ARTICLE 12. REMEDIES ON DEFAULT.
Section 12.1. Termination. In the event of a default, the Agreement may be
terminated at the option of Lessor by written notice to Lessee. Whether or not the
Agreement is terminated by the election of Lessor or otherwise, Lessor shall be entitled
to recover damages from Lessee for the default, and Lessor may reenter, take
possession of the Property. Lessor may remove any persons or property by legal action
or by self-help with the use of reasonable force, without liability for damages, and
without having accepted a surrender.
Section 12.2. Damages. In the event of termination or retaking of possession
following default, Lessor shall be entitled to recover immediately, without waiting until
the due date of any future rent or until the date fixed for expiration of the lease term, the
following amounts as damages:
(1) The loss of rent from the date of default until a new Lessee is, or with the
exercise of reasonable efforts could have been, secured for the Property.
(2) The reasonable costs of reentry and re-Ietting including without limitation the cost
of any cleanup, refurbishing, removal of Lessee's property and fixtures, costs
incurred, or any other expense occasioned by Lessee's default including but not
limited to, any remodeling or repair costs, attorney fees, court costs, broker
commissions, and advertising costs.
Section 12.3. Condition of Property.
(1) On expiration of the lease term, or earlier termination on account of default,
Lessee shall deliver all keys to Lessor and surrender the Property in as good of
condition as when received on the Effective Date. Alterations constructed by
Lessee with permission from Lessor shall not be removed or restored to the
original condition unless the terms of permission for the Alteration so allow.
Depreciation and wear from ordinary use for the purpose for which the Property
is leased shall be excepted, but repairs for which Lessee is responsible shall be
completed to the latest practical date before such surrender.
(2) All Alterations, improvements and fixtures placed on the Premises during the
lease term, other than Lessee's trade fixtures, shall be removed in accordance
with Section 6.2. If Lessee fails to remove such fixtures, Lessor may do so and
charge the cost to Lessee with interest at the legal rate from the date of
expenditure.
(3) Before expiration or other termination of the lease term, Lessee shall remove all
furnishings, furniture, and trade fixtures that remain its property. If Lessee fails to
do so, this failure shall be an abandonment of the property, and Lessor may
retain the property and all rights of Lessee with respect to it shall cease or, by
Ashland Gun Club Lease Agreement
Page 8 of 10
giving written notice to Lessee within 20 days after removal was required, Lessor
may elect to hold Lessee to its obligation of removal. If Lessor elects to require
Lessee to remove, Lessor may effect a removal and place the property in public
storage for Lessee's account. Lessee shall be liable to Lessor for the cost of
removal, transportation to storage, and storage, with interest at the legal rate on
all such expenses from the date of expenditure by Lessor.
Section 12.4. Remedies Cumulative. The rights and remedies of Lessor under this
Agreement upon a breach thereof by Lessee are not exclusive and Lessor shall have all
rights and remedies allowed under applicable law in addition to the rights and remedies
contained in this Agreement.
ARTICLE 13. MISCELLANEOUS PROVISIONS.
Section 13.1. Non-waiver. Waiver by either party of strict performance of any
provision of this Agreement shall not waive or prejudice the party's right to require strict
performance of the same provision or any other provision in the future. Lessor's
acceptance of Lessee's failure to perform an obligation required annually under this
Agreement, such as payment of taxes or hosting of the community events in Article 3,
shall not affect Lessor's remedies for failure to perform such other obligations.
Section 13.2. Attorneys' Fees. If any litigation is commenced between the parties to
this Agreement concerning the Property, this Agreement, or the rights and duties of
either party, the prevailing party in that litigation shall be entitled, in addition to any other
relief that may be granted in the litigation, to a reasonable sum for that party's attorneys'
fees. The amount of the fees shall be determined by the court in that litigation or in a
separate action brought for that purpose.
Section 13.3. Notices. Except as otherwise expressly provided by law, any and all
notices or other communications required or permitted by this Agreement or by law to
be served on or given to a party of this Agreement shall be in writing and shall be
deemed duly served and given when personally delivered to the party, any managing
employee of the party, or, in lieu of personal service, when deposited in the United
States mail, first class postage prepaid, addressed to the appropriate party as follows:
LESSOR
City of Ashland
20 E. Main St.
Ashland, OR 97520
LESSEE
Ashland Gun Club
P.O. Box 953
Ashland, OR 97520
Section 13.4. Governing Law. This Agreement, and all matters relating to this
Agreement, shall be governed by the laws of the State of Oregon in force at the time
any need for interpretation of this Agreement or any decision or holding concerning this
Agreement arises.
Section 13.5. Binding on Successors. This Agreement shall be binding on and shall
inure to the benefit of the heirs, executors, administrators, successors, and assigns of
the parties hereto.
Ashland Gun Club Lease Agreement
Page 9 of 10
Section 13.6. Entry for Inspection. Lessor shall have the right to enter on the
Property at any time to determine Lessee's compliance with this Agreement or to make
necessary repairs to the Property. Whether or not such inspection is made, the duty of
Lessor to make repairs shall not mature until a reasonable time after Lessor has
received written notice from Lessee of the repairs that are required. In addition, Lessor
shall have the right, at any time during the last two months of the term of this
Agreement, to place and maintain on the Property notices for leasing or selling of the
Property.
Section 13.7. Severability. If any provision of this Agreement is held by a court of
competent jurisdiction to be either invalid, void, or unenforceable, the remaining
provisions of this Agreement shall remain in full force and effect unimpaired by the
holding.
Section 13.8. Entire Agreement. This Agreement and its attachments constitute the
sole and only agreement between Lessor and Lessee respecting the leasing of the
Property to Lessee. Any agreements or representations respecting the Property, their
leasing to Lessee by Lessor, or any other matter discussed in this Agreement not
expressly set forth or incorporated into this Agreement are null and void.
Section 13.9. Recording of Agreement. Lessor and Lessee may execute a
memorandum of this Agreement, which shall be recorded in Jackson County, Oregon.
The Memorandum of Lease shall describe the parties, set forth a description of the
Property, specify the term of the Agreement and incorporate this Agreement by
reference.
Section 13.10. Holdover by Lessee. If the Lessee does not vacate the Property at
the time required, the Lessor shall have the option to treat the Lessee as a Lessee from
month to month, subject to all provisions of this lease except the provision for term.
Section 13.11. No Partnership or Joint Venture. Nothing in this Agreement shall be
construed to render the Lessor in any way or for any purpose a partner, joint venturer,
or associate in any relationship with Lessee other than that of Lessor and Lessee, nor
shall this Agreement be construed to authorize either party to act as agent for the other.
Section 13.12. Extraterritorial Regulation. Nothing in this Lease shall interfere with
the legislative authority of Lessor under ORS 226.010 or any other provision of state
law.
INTENDING TO BE BOUND, the parties have executed this Agreement as of the date
written below.
LESSOR:
LESSEE:
Mayor, City of Ashland
President, Ashland Gun Club, Inc.
Date
Date
Ashland Gun Club Lease Agreement
Page 10 of 10
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M) A new parcel which contains an existing dweUing to be used as a registered
child care facility or certified group child care home under Section 4.2.6(k)
may be created only if the existing dwelling has been approved as a nonfarm
dwelling under Section 4.2.6(H). tORS 657A.440(3)(c); ORS 215. 263(9)(a)J
4.3 FOREST RESOURCE (FR) DISTRICTS
4.3.1 Purpose
The purpose of the Forest Resource (FR) zoning Districts is to conserve forest
lands. This Section implements Statewide Planning Goal4 (Forest Lands) and OAR
660.006.
4.3.2 Application
Various zoning districts are applied to areas that are identified as forest land by the
Jackson County Comprehensive Plan. These lands are designated in the
Comprehensive Plan and on the comprehensive plan map(s)as Forest Open Space
(FOS). The adopted Zoning map(s) divide the FOS designated lands into three (3)
zoning districts; Forest Resource (FR), Woodland Resource (WR), and Open Space
Reserve (OSR).
4.3.3 Table of Permitted Uses
Table 4.3-1 sets forth the uses aUowed subject to Type 1, 2, 3, or 4 approval
procedures in the forest districts. This table applies to aU new uses, expansions of
existing uses, and changes of use when the expanded or changed use would
require a Type 2,3 or 4 review, unless otherwise specified on Table 4.3-1.
A) Type 1: A "1" in the Table indicates that a use is allowed by-right, provided
it complies with any standards listed in the "See AlsoA column.
B) Type 2: A "2" in the Table indicates that a use is subject to administrative
review and approval, in accordance with the Type 2 review procedures of
Section 3.1.3.
C) Type 3: A "3" in the Table indicates that a use may be conditionally allowed,
subject to review and approval in accordance with the Type 3 review
procedures and approval criteria of Section 3.1.4.
D) Type 4: A "4" in the Table indicates that the use is subject to review and
approval by the Planning Commission and Board of County Commissioners,
as applicable, in accordance with the Type 4 review procedures of Section
3.1.5.
E) Numerical References
The numbers contained in the "See Also" column are references to
additional standards and requirements that apply to the use type listed.
Uses are also subject to applicable standards of Chapters 7, 8 and 9.
F) Accessoty Uses and Structures: Accessory uses and structures are
allowed in all zoning districts (Section 6.4).
Jackson County, Oregon
Chapter 4
Page 37
4.3.5(0)
4.3.5(B)
4.3'5(C)
AR 66Q..006...0025(4)(a) 4.3.4; 4.3.12.
nd (5) Ch 13 definition
AR 66O~OO6-0025(4)(b) 4.3A; 4.3.12
d (5)
AR660..{)()6.()()25(4)(c) & 4.3.4; 4.3.12
5)
RS 526.215 4.3.4: 4.3.5(A)
definltion):OAR600-006- 4.3.12
25(4}(x) & (5)
AR 66O..{)()6.()()25(3)(1)
RS 215]40;OAR 660-
27(1 )(e)(B) & (4)-{6)
S 215.750(1}, (3)-{6); 4.3.6(B); 4.3.12
AR 660-006-0027(1 )(f),
h) -(I), and (2)-{5)
RS 215]05(1). (5)-{7); 4.3.6(0): 4.3.12
RS 215.720 (1)(a) and
2); OAR 600-006-0027
l)(aHd), (4) & (5)
2
2
Jackson County, Oregon
Chapter 4
Page 38
TABLE 43-1 USE TABLE FOR FOREST DISTRICTS
1 :: Type 1 2 ::: Type 2 Review 3:: Type :3 Review 4::: Type 4 Review
RS 215.755(1 );OAR 660~ 4.3.6(A); 4.3.12
25(3)(p)
4.3.6(F)
4.3.4; 4.3.6(E);
4.3.12; 6.5.3(G)
4.3.12
RS 197.435 - A67; OAR
.006-0025(3)(n)
AR 600-006-0025(4)(s) & 4.3.4: 4.3.7(A)
5); ORS 215.448 6.4.4(C) & (D)
definition)
RS 517.750; OAR 660-
25(3)(e)
RS 520,005. 522.005; 4.4.8
AR 660-006-0025(3)(m)
RS 517.750 (definition), 4.3.4: 4.4.8
20 (definition) 522.005; 6.3.4(A)
AR 660-006-0025(4)(9)
nd (5)
4.3.4; 4.4.8
6.3.4(A}
ning of roads within existlno Iiqhts'"Q{-
and public road & highway projects
isted in ORS 215.283(1 )(k)-(n)
1
4.3,8{A)
Jackson County, Oregon
Chapter 4
Page 39
TABLE 4.3.1' USE TABLE FOR FOREST DISTRICTS
1 ::: Type 1 :2 = Typo 2 Rovmw 3::: Type 3 Review 4::: Type 4 RevIew
ocaldisttlbutlon lines (e.g..efedric. tefe..
hone. natural gas) & accessory eqUip-
em (e.g., electric distribution trans~
orlTler$. poles, meter cabinets. terminal
Xes. pedestals), or equipment which
ovides service hookups, including water
rvice hookups
eleCtric transmission lines with r1aht-
f, New dis-
., gas. oil, geothermal)
riahts-of-MW 50 feet or less in width
_vision, microwave & radio communi-
tion facilities and transmission
telecommunications) towers
elecommunicatlOns tower: co-location of
ntennae
tHity facilities for generating power
ire stations for rural fire protection
ater intake facilities. canals & dlstr.~ 1
union lines for farm irrigation & ponds
ater intake facilities. related treatment
acUities. pumping stations. & distribution
ines for nonfarm use
eservoirs and water impoundments
lid waste disposal site Qfdered
i by tile Oregon EQC (ORS
59.049). with equipment. facilities or
tidings necessary for its operation
4.3.4
3
6.3.6(C)(2)
AR 660-006-0025(4)(q) 4.3.4
nd (5):ORS 772.210
2
AR 660-Q06..0025(4)(h) 4.3.4; 4.3.12
nd (5) 6.3.6(A)
4.3.12; 6.3.6(A)
2
4.3.4: 4.3.9(A);
4.3.12: 6.3.6(8)
4.3.12
1
2
4.3.4; 4.3.12
2
AR 66O..Q06..oo25(4)(1) 4.3.4
no (5)
2
AR 66O.()()6..0025(4)(m) -*'3.4
nd (5)
Jackson County. Oregon
Chapter 4
Page 40
TABLE 4 3.1. USE TABLE FOR FOREST DISTRICTS
1 :;; Type 1 2 = Type 2 RevIew :3 = Type :3 ReVieW 4::; Type 4 Rev!I:w
4.3A
4.3.4: 4.3.10(A)
4.3A. 4.3,12
4.3.10(B).
4,3.4; 4.3.12
4.3.10(C)
4.3.4(A);
4.3.10(E)
AR 600-006-0025(4)(n) 4.3.4; 4,3.12
nd (5)
AR 660-006-0025(4)(0) 4.3.4
nd (5)
tdoot gathering less than 3,000 person
ot to continue more than 120 hours in an
month period.
tdoot gathering more than 3.000 4
I"SOO$ to continue more than 120 hours
n any3-month period.
4.3.4 General Review Criteria for Type 2-4 Permits
The use shall be approved only when the following findings can be made:
A) The use will not force a significant change in, or significantly increase the
cost of, accepted farming or forest practices on agriculture or forest lands;
B) The proposed use will not significantly increase fire hazard or significantly
increase fire suppression costs or significantly increase risks to fire
suppression personnel. Further, it must be demonstrated that the use will
Jackson County, Oregon
Chapter 4
Page 41
comply with the fire safety requirements in Section 8.7.
A written statement must be recorded in the public records with the deed or written
contract, or its equivalent must be obtained from the land owner, which recognizes
the rights of adjacent and nearby land owners to conduct forest operations
consistent with the Forest Practices Act and Rules. [OAR 66<M06-0025(5)]
4.3.5 Farm and Forest Use Regulations
A) Forest Management Research and Experimentation Facilities [ORS
526.215 (definition);OAR 66O-OO6-0025(4)(x) & (5)]
This use includes research and experimentation instituted and carried on by
the State Board of Higher Education to aid in the economic development of
the State of Oregon, to develop the maximum yield from the forest lands of
Oregon, to obtain the fullest utilization of the forest resource, and to study
air and water pollution as it relates to the forest products industries.
B) Physical Alterations to Land Auxiliary to Forest Practices [ORS Chapter
527; OAR 660-OO6-0025(2)(c)]
For purposes of this Section, "auxiliary" means a use or alteration of land
that provides help or is directly associated with the conduct of a particular
forest site. Alterations include, but are not limited to those made for
purposes of exploration, mining, commercial gravel extraction and
processing, landfills, dams, reservoirs, road construction or recreational
facilities. [OAR 660-OO6-o025(2)(d)]
C) Temporary Facility for Primary Processing of Forest Products [OAR
660-o6-OO25(3)(d)]
The primary processing of a forest product, for purposes of this Ordinance,
means the use of a portable chipper, stud mill, or other similar methods of
initial treatment of a forest product in order to enable its shipment to market.
This use is subject to the following standards:
1) The processing facility shall be located on, oron a parcel contiguous
to, the parcel on which the forest products are grown.
2) The facility shall not seriously interfere with accepted farming
practices and shall be compatible with farm uses in the area.
3) The use is intended to be portable or temporary in nature and may
be approved for a one (1 )-year period which is renewable.
D) Temporary Auxiliary Forest Use Structures [ORS Chapter 527; OAR 660-006-
0025(2)(b)]
For purposes of this Section, "auxiliary" means a use or alteration of a
structure or land which provides help or is directly associated with the
conduct of a particular forest site. An auxiliary structure shall be located on
site, be temporary in nature, and shall not be designed to remain for the
forest's entire growth cycle from planting to harvesting. An auxiliary use
shall be removed when a particular forest practice has concluded. [OAR 660-
006-OO25(2)(d)]
4.3.6 Residential Use Regulations
Jackson County, Oregon
Chapter 4
Page 42
A) Alteration, Restoration or Replacement of a Lawfully Established
Dwelling tORS 215. 755(1); OAR 660-006-0025(3)(p)]
1) The lawfully established dwelling to be altered, restored, or replaced
shall have:
a) Intact, exterior walls and roof structure;
b) Indoor plumbing including a kitchen sink, toilet. and bathing
facilities connected to a sanitary waste disposal system;
c) Interior wiring for interior lights; and,
d) A heating system.
2) If the dweIHng is being replaced, the original dwelling must be
removed, demolished or converted to an allowable nonresidential
use within three (3) months of the completion of the replacement
dwelling.
3) The dwelling being replaced shall not have been established as a
temporary medical hardship dwelling. However, at such time as the
permit for the temporary medical hardship dwelling expires, the
temporary dweIHng may replace the permanent dwelling provided
the permanent dweIHng is removed, demolished or converted to an
allowable use pursuant to the regulations stated above.
4) If the location of the replacement dwelling will be more than 100 feet
from the dwelling to be replaced, the replacement dwelling wHl be
subject to the standards in Section 4.3.12 under a Type 2 review.
B) Forest Template Dwelling tORS 215. 750(1) and (3)-(6); OAR 660-o06-0027(1)(f), (h)
-(i), and (2)-(5)]
Dwellings, as referenced in this section, must meet the standards listed in
Section 4.3.6(A)(1). A forest template dwelling may be allowed if it complies
with all of the following requirements. Lots or parcels within urban growth
boundaries shall not be used to satisfy the eligibility requirements under this
Section.
1) The tract on which the dwelling will be sited does not include a
dwelling (as defined in Section 4.3.6(AX1);
2) The lot or parcel on which the dwelling will be sited is predominantly
composed of soils that are:
a)
Capable of producing 0 to 49 cubic feet per acre per year of
wood fiber and all or part of at least three (3) other lots or
parcels that existed on January 1, 1993, are within a 160-
acre square centered on the center of the subject tract; and
at least three (3) dwellings existed on January 1,1993, and
continue to exist on the other lots or parcels;
Capable of producing 50 to 85 cubic feet per acre per year of
wood fiber and all or part of at least seven (7) other lots or
parcels that existed on January 1, 1993, are within a 160-
acre square centered on the center of the subject tract; and
at least three (3) dwellings existed on January 1, 1993, and
continue to exist on the other lots or parcels: or,
b)
Jackson County, Oregon
Chapter 4
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c) Capable of producing more than 85 cubic feet per acre per
year of wood fiber and all or part of at least 11 other lots or
parcels that existed on January 1, 1993, are within a 160-
acre square centered on the center of the subject tract; and
at least three (3) dwellings existed on January 1. 1993, and
continue to exist on the other lots or parcels.
3) If the tract on which the dwelling will be sited abuts a road that
existed on January 1, 1993. the measurement required by
subsection (2) above may be made by using a 160-acre rectangle
that is one mile long and one-fourth mile wide centered on the
subject tract and that is to the maximum extent possible, aligned with
the road;
4) If the tract on which the dwelling wiH be sited is 60 acres or larger
and abuts a road or perennial stream. the measurement required by
subsection (2) above shall be made by using a rectangle in
accordance with subsection (3) above. However, one (1) of the three
(3) required dwellings shall be on the same side of the road or
stream as the tract, and:
a) Be located within the 160-acre rectangle; or
b) Be within one-quarter (14) mile from the edge of the subject
tract but not outside the length of the 160-acre rectangle, and
on the same side of the road or stream as the tract.
5) If a road crosses the tract on which the dwelling will be sited, at least
one (1) of the three (3) required dwellings shall be on the same side
of the road as the proposed dwelling;
6) The proposed dwelling is not prohibited by, and complies with,
applicable provisions of the Comprehensive Plan. this Ordinance,
and other applicable provisions of law. Where the Comprehensive
Plan or this Ordinance require a dwelling be located in a 160-acre
square or rectangle, a dwelling is in the 160-acre square or rectangle
if any part of the dwelling is in the square or rectangle; and
7) No dwellings will be allowed on other lots or parcels that make up the
tract. Irrevocable deed restrictions precluding all future rights to
construct a dwelling on the lots or parcels that make up the tract or
to use the tract to total acreage for future siting of dwellings for
present and any future owners unless the tract is no longer subject
to protection under the goals for agricultural lands or forest lands
shall be recorded with the deed for each lot and parcel. .
C) Large Tract Forest Dwelling tORS 215. 740;OAR 660-006-0027(1)(e)(B) & (4)-(6)]
A large tract forest dwelling may be allowed. if it complies with the following:
1) The dwelling will be sited on a tract:
a)
b)
Of at least 160 contiguous acres; or
That is part of at least 200 noncontiguous acres comprised
of two (2) or more tracts in one ownership that are located in
Jackson County or adjacent counties and are zoned for
Jackson County, Oregon
Chapter 4
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forest use.
A tract shall not be considered to consist of less than the required
acreage because it is crossed by a public road or waterway.
2) The tract on which the dwelling will be sited does not currently
include a dwelling;
3) The proposed dwelling is not prohibited by, and complies with,
applicable provisions of the Comprehensive Plan, this Ordinance,
and other applicable provisions of law; and
4) No dwellings will be allowed on other lots or parcels that make up the
tract. Irrevocable deed restrictions precluding all future rights to
construct a dwelling on the lots or parcels that make up the tract or
to use the tract to total acreage for future siting of dwellings for
present and any future owners unless the tract is no longer subject
to protection under the goals for agricultural lands or forest lands
shall be recorded with the deed for each lot and parcel.
D) Ownership of Record Dwelling tORS 215.705(1), (5)-(7); 215.720 (1)(a) and (2);
OAR 660-006-0027 (1)(a)-(d), (4) & (5)J
A dwelling may be approved if:
1) The lot or parcel on which the dwelling will be sited was lawfully
created and was acquired and owned continuously by the present
owner as defined in subsection (2) below:
a) Since prior to January 1, 1985; or
b) By devise or by intestate succession from a person who
acquired and had owned continuously the lot or parcel since
prior to January 1, 1985;
2)
For purposes of this subsection, "owner" includes the wife, husband,
son, daughter, mother, father, brother, brother-in-law, sister, sister-
in-law, son-in-law, daughter-in-law, mother-in-law, father-in-law,
aunt, uncle, niece, nephew, stepparent, stepchild, grandparent or
grandchild of the owner or a business entity owned by anyone or
combination of these family members;
3)
The tract on which the dwelling will be sited does not include a
dwelling;
4)
The lot or parcel on which the dwelling will be sited was part of a
tract on November 4, 1993, no dwelling currently exists on another
lot or parcel that was part of that tract;
5)
The tract on which the dwelling will be sited is composed of soils not
capable of producing 5,000 cubic feet per year of commercial tree
species;
6)
The tract on which the dwelling will be sited is located within 1,500
feet of a maintained public road that is either paved or surfaced with
rock that provides or will provide access to the subject tract. The
Jackson County, Oregon
Chapter 4
Page 45
road shall not be a U.S. Bureau of Land Management (BLM) or U.S.
Forest Service (USFS) road, except as provided in OAR 660-006-
0027;
7) When the lot or parcel on which the dweUing will be sited lies within
a designated deer and elk habitat area, the siting of the dwelling
shall be consistent with Section 7.1.1 (C);
8) The proposed dwelling is not prohibited by, and complies with,
applicable provisions of the Comprehensive Plan, this Ordinance,
and other applicable provisions of law;
9) When the lot or parcel where the dwelling is to be sited is part of a
tract, the remaining portions of the tract shall be consolidated into a
single lot or parcel. Consolidation prior to the issuance of a building
permit shall be a condition of approval.
10) No dwellings will be allowed on the remaining portion of the tract that
is consolidated into a single lot or parcel. Irrevocable deed
restrictions, precluding all future rights to construct a dweUing on the
consolidated remainder lot or parcel or to use the remainder lot or
parcel to total acreage for future siting of dwellings for present and
any future owners, unless the tract is no longer subject to protection
under the goals for agricultural lands or forest land, shall be recorded
with the deed fo each lot and parcel; and
11) If a dwelling is approved pursuant to the requirements of this
Section, the application may be transferred by a person who has
qualified under this Section to any other person after the effective
date of the land use decision.
E) Temporary Medical Hardship Dwelling (ORS 215. 755(2); OAR 660-006-0025(4)(t)
& (5)]
1) One (1) manufactured dwelIing or recreational vehicle, or the
temporary use of an existing building may be allowed in conjunction
with an existing dwelling as a temporary use for the term of hardship
suffered by the existing resident or a relative of the resident subject
to the requirements of Section 6.5.3(G); and
2) The temporary dwelling will be used to care for the resident, or a
relative of the resident, defined as a parent, child, grandparent,
stepparent, stepgrandparent, stepbrother, stepsister, niece, nephew,
first cousin, grandchild, brother, or sister of the existing residents, for
the term of a hardship suffered by the resident or the relative. For
purposes of this Section, "hardship" means a medical hardship or
hardship for the care of an aged or infirm person or persons.
F) Registered Child Care Facility/Certified Group Child Care Home (ORS
657A.440J
1 )
A registered child care facility or certified group child care home may
Jackson County, Oregon
Chapter 4
Page 46
be allowed if it meets the following standards:
a) The use will take place in an existing dwelling.
b) Child care will be offered in the home of the provider to fewer
than 13 children, including children of the provider,
regardless of full-time or part-time status.
4.3.7 Commercial Use Regulations
A) Home Occupation and Home Business tORS 215.448 (definition); OAR 660-{)()6..
0025(4)(s) & (5); 033-0120 & 0130(14)]
Home occupations and home businesses shall comply with the following
standards, in addition to any applicable standards in Section 6.4.4(C) and
(0). In case of conflict between this Section and any other Chapter of this
ordinance. this Section shall prevail:
1) The home occupation shall be operated substantially in the dwelling
or other buildings normally associated with uses permitted in the
zone in which the property is located.
2) The home occupation shall be operated by a resident or employee
of a resident of the property on which the business is located.
3) The home occupation shall employ on the site no more than five (5)
full-time or part-time persons.
4) The home occupation shall not unreasonably interfere with other
uses permitted in the zone in which the property is located.
4.3.8 Transportation Use Regulations
A) Widening Roads Within Existing Rights-of-Way and Public Road &
Highway Projects Listed in ORS 215.283(1)(k)-(n) tORS 215.283(1)(k)-
(n)(definition); OAR 660-006-OO25(3)(h)]
Widening of roads within existing rights-of-way must be in conformance with
the Transportation Element of the Jackson County Comprehensive Plan.
The public road and highway projects listed in ORS 215.283( 1 )(k)-(n) are:
1 )
Climbing and passing lanes within the right-of-way existing as of July
1, 1987;
2)
Reconstruction or modification of public roads and highways
including the placement of utility facilities overhead and in the
subsurface of public roads and highways along the public
right-of-way, but not including the addition of travel lanes, where no
removal or displacement of buildings would occur, or no new parcels
result;
3)
Temporary public road and highway detours that will be abandoned
and restored to original condition or use when no longer needed; and
4)
Minor betterment of existing public roads and highway related
facilities such as maintenance yards, weigh stations and rest areas,
within rights-of-way existing as of July 1, 1987, and contiguous
public-owned property used to support the operation and
maintenance of public roads and highways.
Jackson County, Oregon
Chapter 4
Page 47
B) Public Road and Highway Projects [See ORS 215. 283(2)(p)-(r) and (3); OAR 660-
012-0065; OAR 660-006-0025(4)(v) and (5)]:
1) This use includes the following. which may be aHowed subject to
Type 2 review:
a) Construction of additional passing and travel lanes requiring
the acquisition of right-of-way but not resulting in the creation
of new land parcels;
b) Reconstruction or modification of public roads and highways
involving the removal or displacement of buildings but not
resulting in the creation of new land parcels;
c) Improvement of public roads and highway related facilities
such as maintenance yards. weigh stations and rest areas,
where additional property or right-of-way is required but not
resulting in the creation of new land parcels; and
d) Other transportation improvements listed in OAR 660-012-
0065(3). Uses listed in OAR 660-012-0065(3)(d) to (g) and
(0) are also subject to the requirements of OAR 660-012-
0065(5).
2) Roads. highways, and other transportation facilities and
improvements not listed in Section 4.3.8(A) or (B)(1) or OAR 660-
012-0065 may be established subject to Type 4 review. adoption of
an exception to Goal 4 (Forest Lands) and to any other applicable
goal with which the facility or improvement does not comply, and
compliance with OAR 660-012-0070.
4.3.9 Utility/Solid Waste Use Regulations
A) Utility Facilities for Power Generation [OAR 660-OO6-0025(4)(j) and (5)]
A power generation facility shaH not preclude more than 10 acres from use
as a commercial forest operation unless an exception is taken pursuant to
OAR 660, Division 4.
4.3.10 Parks/Public/Quasi-Public Use Regulations
A) Campgrounds [OAR 660-OO6-OO25(4)(e) and (5)]
1 )
Campgrounds in private parks shall only be those allowed by this
subsection. Except on a lot or parcel contiguous to a lake or
reservoir, campgrounds shall not be allowed within three (3) miles of
an urban growth boundary unless an exception is approved pursuant
to ORS 197.732 and OAR Chapter 660, Division 4.
2)
A campground is an area devoted to overnight temporary use for
vacation. recreational or emergency purposes, but not for residential
purposes and is established on a site or is contiguous to lands with
a park or other outdoor natural amenity that is accessible for
recreational use by the occupants of the campground.
3)
A campground shall be designed and integrated into the rural
agricultural and forest environment in a manner that protects the
natural amenities of the site and provides buffers of existing native
trees and vegetation or other natural features between campsites.
Campsites may be occupied by a tent, travel trailer, or recreational
4)
Jackson County, Oregon
Chapter 4
Page 48
vehicle. Separate sewer, water, or electric service hook-ups shall not
be provided to individual camp sites.
5) Campgrounds authorized by this Section shall not include intensively
developed recreational uses such as swimming pools, tennis courts,
retail stores or gas stations.
6) Overnight temporary use in the same campground by a camper or
camper's vehicle shall not exceed a total of 30 days during any
consecutive six (6)-month period.
B) Private Temporary Fishing Accommodations [OAR 660-006-0025(4)(w) & (5)}:
1) Accommodations are limited to no more than 15 guest rooms as that
term is defined in the Oregon Structural Specialty Code;
2) Only minor incidental and accessory retail sales are permitted;
3) Accommodations shall be occupied temporarily for the purpose of
fishing during fishing seasons authorized by the Oregon Fish and
Wildlife Commission; and
4) Accommodations must be located within one-quarter('.I..) mile of fish
bearing Class 1 waters.
C) Private Fee Hunting Accommodations [OAR 660-OO6-oo25(4)(p), (5)):
1) Accommodations are limited to no more than 15 guest rooms as that
term is defined in the Oregon Structural Specialty Code;
2) Only minor incidental and accessory retail sales are permitted; and
3) Accommodations may only be occupied temporarily for the purpose
of hunting during game bird and big game hunting seasons
authorized by the Oregon Fish and Wildlife Commission.
D) Public Parks [OAR 660-OO6-0025(4)(f) and (5);OAR 660-034-0035; and oo40J
1 )
Lawful uses in existence in public local parks on July 15, 1998, may
continue as otherwise provided by this Ordinance.
2)
If a public local park is within a Jackson County Public Park (JCPP)
Overlay, or is otherwise subject to a public park master plan adopted
pursuant to Section 3.7.4, those uses approved in the master plan
or subsequent amendments to it are permitted as Type 1 uses.
3)
If a public local park is not subject to a park master plan adopted
pursuant to Section 3.7.4, the uses in such park shall be limited to
those otherwise allowed in the FR zone, unless an exception to
Statewide Planning Goal 4, and any other goal which would prohibit
the use, is adopted pursuant to ORS 197.732 and OAR Chapter 660,
Division 4. Uses are subject to the review procedure and additional
regulations listed in Table 4.3-1.
Jackson County, Oregon
Chapter 4
Page 49
E) Youth Camps [OAR 660-006-0031J
A youth camp is a facility either owned or leased, and operated by a state
or local government, or a nonprofit corporation as defined under ORS
65.001, to provide an outdoor recreational and educational experience
primarily for the benefit of persons 21 years of age and younger. Youth
camps do not include any manner of juvenile detention center or juvenile
detention facility. Youth camps shall comply with the following:
1) The youth camp shall not provide overnight accommodations for
more than 350 youth camp participants, including staff. However, the
number of overnight participants may exceed 350 for up to eight (8)
nights during the calendar year if approved by the County.
2) Overnight stays for adult programs primarily for individuals over 21
years of age, not including staff, shall not exceed 10% of the total
camper nights offered by the youth camp.
3) A private park or campground shall not be established in conjunction
with a youth camp.
4) A youth camp shaU not be aUowed in conjunction with an existing golf
course.
5) A youth camp shaU not interfere with the exercise of IegaUy
established water rights on adjacent properties.
6) The youth camp shall be located on a lawfuUy created parcel that is:
a) At least 40 acres;
b) . Suitable to provide a forested setting needed to ensure a
primarily outdoor experience without depending upon the use
or natural characteristics of adjacent and nearby public and
private land. This determination shall be based on the size,
topography, geographic features and any other
characteristics of the proposed site for the youth camp, as
weU as the number of overnight participants and type and
number of proposed facilities;
c) Suitable to provide for the establishment of sewage disposal
facilities without requiring a sewer system as defined in OAR
660-011-0060(1 )(f); and
d) Suitable to provide a protective buffer to separate the visual
and audible aspects of youth camp activities from other
nearby and adjacent lands. The buffers shaU consist of forest
vegetation, topographic or other natural features as well as
structural setbacks from adjacent public and private lands,
roads, and riparian areas. The structural setback from roads
and adjacent public and private property shall be 250 feet
unless the County determines that a proposed lesser setback
wiU:
i)
Prevent conflicts with commercial resource
management practices;
Prevent a significant increase in safety hazards
ii)
Jackson County, Oregon
Chapter 4
Page 50
associated with vehicular traffic; and
iii) Provide an appropriate buffer from visual and audible
aspects of youth camp activities from other nearby
and adjacent resource lands.
7) A youth camp may include the recreational, cooking, eating, bathing,
laundry, sleeping, administrative and other facilities listed in OAR
660-006-0031(6). A caretaker's residence may be established in
conjunction with a youth camp if no other dwelling exists on the
property .
8) A fire safety protection plan that includes the following shall be
developed for the youth camp:
a) Fire prevention measures;
b) The establishment and maintenance of fire safe area(s) in
which camp participants can gather in the event of a fire; and
c) On-site pre-suppression and suppression measures. At a
minimum, the on-site fire suppression capability shall include:
i) A 1,000 gallon mobile water supply that can access
all areas of the camp;
ii) A 30-gallon per minute water pump and an adequate
amount of hose and nozzles;
iii) A sufficient number of fire fighting hand tools; and
iv) Trained personnel capable of operating all fire
suppression equipment at the camp during
designated periods of fire danger.
d) An equivalent level of fire suppression facilities may be
approved if the camp is within an area protected by the
Oregon Department of Forestry (ODF). The equivalent
capability shall be based on the ODF Wildfire Hazard Zone
rating system, the response time of the effective wildfire
suppression agencies, and consultation with ODF personnel.
e) The on-site fire suppression measures in (c) may be waived
if the youth camp is within a fire district that provides
structural fire protection and the fire district indicates in
writing that on-site fire suppression at the camp is not
needed.
4.3.11 Land Divisions
Unless this Section specifically provides otherwise, and except as provided in
Section 6.3.8 with regard to destination resorts, the minimum size of a new parcel
shall be 80 acres or one-eighth Section. New parcels less than the 80-acre minimum
lot size may be approved subject to the requirements of Section 3.3 and the
following:
A) A new parcel may be created for uses listed in Table 4.3-1 and numbered
6 through 8, 20, 21, 24, 25,30,33,34,35,37,38,40 through 45,50 and 51
(OAR 660-006-0025, (3), (m-o) and (4) (a-o)), provided that such uses have
been approved pursuant to the required approval process. The parcel that
is created shall be the minimum size necessary for the use. (OAR 660-006-
oo26(2)(a)]
Jackson County, Oregon
Chapter 4
Page 51
B) A new parcel may be created for an existing dwelling subject to the following
requirements: [ORS 215. 780(2)(b) and OAR 660-006-0026(2)(b))
1) The new parcel shall not be larger than five (5) acres, except as
necessary to recognize physical factors such as roads or streams,
in which case the parcel shall be no larger than 10 acres;
2) The dwelling existed prior to June 1, 1995;
3) The remaining parcel, or portion of the parcel zoned for resource
use, not containing the dwelling:
a) Meets the 80-acre minimum lot or parcel size, or is
consolidated with another parcel and together the parcels
meet the minimum lot size, or remains unchanged as to !he
amount of land zoned for resource use; and
b) Is not entitled to a dwelling unless subsequently authorized
by law or goal.
4) The applicant for a division under this Section shall provide evidence
that a restrictive deed declaration has been recorded as to the
remaining parcel with the Jackson County Clerk, which prohibits
dwellings, unless authorized by law or goal. The restriction imposed
under this subsection shall be irrevocable unless a statement of
release is signed by the Director indicating that the Comprehensive
Plan or land use regulations applicable to the property have been
changed in such a manner that the parcel is no longer subject to
Statewide Planning Goals pertaining to agricultural land or forest
land; and
5) The landowner shall sign a statement that shall be recorded with the
County Clerk, declaring that the landowner and the landowner's
successors in interest will not in the future complain about accepted
farming or forest practices on nearby lands devoted to farm or forest
use.
C) A new parcel may be created to facilitate a forest practice as defined in ORS
527.620. Approval shall be based on findings which demonstrate that there
are unique property specific characteristics present in the proposed parcel
that require an amount of land smaller than the 80-acre minimum lot or
parcel size in order to conduct the forest practice. Parcels created pursuant
to this subsection: [ORS 215. 780(2)(d} and OAR 660-006-0026(2)(c}]
1) Shall not be eligible for siting of a new dwelling;
2) Shall not serve as justification for the siting of a future dwelling on
other lots or parcels;
3) Shall not, as a result of the land division, be used to justify
redesignation or rezoning of resource lands;
4) Shall not result in a parcel of less than 35 acres, unless:
a)
The purpose of the land division is to facilitate an exchange
Jackson County, Oregon
Chapter 4
Page 52
of lands involving a governmental agency; or,
b) The purpose of the land division is to allow transactions in
which at least one participant is a person with a cumulative
ownership of at least 2,000 acres of forest land.
5) If associated with the creation of a parcel where a dwelling is
involved, the division shall not result in a parcel less than the aO-acre
minimum lot or parcel size or the minimum size required for large
tract forest dwellings approved under Section 4.3.6(C); and
6) The landowner shall sign a statement that shall be recorded with the
County Clerk, declaring that the landowner and the landowner's
successors in interest will not in the future complain about accepted
farming or forest practices on nearby lands devoted to farm or forest
use.
D) When there is more than one (1) dwelling on a parcel, a new parcel may be
created for each dwelling if the following requirements are met: [ORS
215. 780(2)(e) and OAR 660-f.XJ6-0026(2)(d)]
1) At least two (2) dwellings lawfully existed on the lot or parcel prior to
November 4, 1993;
2) Each dwelling complies with the standards for a replacement
dwelling pursuant to Section 4.3.6(A);
3) Except for one (1) lot or parcel, each lot or parcel created will be
between two (2) and five (5) acres in size;
4) At least one (1) dwelling will be located on each lot or parcel;
5) None of the dwellings on the lot or parcel were approved under a
land use regulation that required removal of the dwelling or that
prohibited subsequent division of the lot or parcel;
6) The applicant shall provide evidence that a restrictive deed
declaration has been recorded with the County Clerk prohibiting the
landowner and the land owner's successors in interest from further
dividing the lot or parcel. The restriction imposed under this
subsection shall be irrevocable unless a statement of release is
signed by the Director indicating that the Comprehensive Plan or
land use regulations applicable to the property have been changed
in such a manner that the parcel is no longer subject to Statewide
Planning Goal 4 (Forest Lands) or unless the land division is
subsequently authorized by law or by a change in Statewide
Planning Goal 4; and
7) The landowner shall sign a statement that shall be recorded with the
County Clerk, declaring that the landowner and the landowner's
successors in interest will not in the future complain about accepted
farming or forest practices on nearby lands devoted to farm or forest
use.
4.3.12 Siting Standards For Dwellings and Structures [OAR 680-006-0029; 0035; and 0040;
Jackson County, Oregon
Chapter 4
Page 53
ORS 215. 730J
The following siting standards shall apply to all new dwellings and structures, except
accessory structures within 100 feet of the principal dwelling, replacement dwellings
that will be within 100 feet of the existing dwelling, and destination resorts approved
under Section 6.3.8. These standards are designed to make such uses compatible
with forest operations and agriculture, to minimize wildfire hazards and risks and to
conserve values found on forest lands.
A) Dwellings and structures shall be sited on the parcel so that:
1) They have the least impact on nearby or adjoining forest or
agricultural lands;
2) Adverse impacts on forest operations and accepted farming
practices on the tract will be minimized;
3) The amount of forest lands used to site access roads, service
corridors, dwellings and structures is minimized; and,
4) The risks associated with wildfire are minimized.
B) Conditions of approval satisfying this Section may include setbacks from
adjoining properties, clustering near or among existing structures, siting
close to existing roads, and siting on that portion of the parcel least suited
for growing trees.
C) A dwelling shall not be sited on a slope of greater than 40 percent.
D) DweHings and structures shall meet the fire safety requirements and
guidelines outlined in Chapter 8.
E) The applicant must provide evidence of an adequate domestic water supply.
If the domestic water supply is not provided by an existing municipal or
quasi-municipal water purveyor, and the water appropriation or distribution
system is located on or crosses property that is not owned by the applicant,
the applicant must provide evidence of legal authorization to occupy
properties of affected owners. For the purposes of this subsection, evidence
of an adequate domestic water supply may include:
1)
A new water right or transfer of an existing water right granted by the
Oregon Water Resources Department (OWRD) sufficient for the use
described in the application, or if the OWRD application process is
not complete, evidence that the applicant has filed any required
application with OWRD and that it is feasible for the applicant to
secure the required water right or transfer, in which case the County
approval shall be conditioned to require successful completion of the
water right or transfer process;
Evidence that the proposed water use is from a weR and meets the
definition of exempt groundwater uses under ORS 537.545, in which
case the applicant shall submit a copy of the Water Well Report that
describes the construction of the well; and/or
2)
3)
Verification from a water purveyor that the use described in the
application will be served by the purveyor under the purveyor's right
Jackson County, Oregon
Chapter 4
Page 54
to appropriate water.
F) As a condition of approval, if the road access to the dwelling is by a road
owned and maintained by a private party or by the Oregon Department of
Forestry, the U.S. Bureau of Land Management, or the U.S. Forest Service,
then the applicant shall provide proof of a long-tenn road access use permit
or agreement. The road use penn it may require the applicant to agree to
accept responsibility for road maintenance.
G) If the lot or parcel is more than 10 acres, a condition of approval for a
dwelling will require the following:
1 ) The owner of the tract shall plant a sufficient number of trees on the
tract to demonstrate that the tract is reasonably expected to meet
Department of Forestry stocking requirements at the time spedfied
in Department of Forestry administrative rules. The Planning Division
shall notify the County Assessor of the above condition at the time
the dwelling is approved.
2) The property owner shall submit a Stocking Survey Report to the
County Assessor. The Assessor shall verify that the minimum
stocking requirements have been met by the time required by
Department of Forestry Rules. The Assessor shall infonn the
Department of Forestry in cases where the property owner has not
submitted a Stocking Survey Report or where the survey report
indicates that minimum stocking requirements have not been met.
3) Upon notification by the Assessor, the Department of Forestry shall
determine whether the tract meets minimum stocking requirements
of the Forest Practices Act. If the Department of Forestry detennines
that the tract does not meet those requirements, they will notify the
owner and the Assessor that the land is not being managed as forest
land. The Assessor shall then remove the forest land designation
pursuant to ORS 321.359 and impose the additional tax pursuant to
ORS 321.372.
H) As a condition of approval for a dwelling, the following declaration shall be
recorded in the manner and fonnat provided by the County:
"Declarant and declarant's heirs, legal representatives, assigns, and
lessees, hereby acknowledge and agree to accept by the placement of this
deed declaration, or the acceptance and recording of this instrument, that
the property herein described is situated on or near farm and or forest land,
and as such may be subject to common, customary, and accepted
agricultural and forest practices, which ordinarily and necessarily may
produce noise, dust, smoke, and other types of visual, odor, and noise
pollution. This deed declaration binds the land owner and the land owner's
successors in interest. prohibiting them from pursuing a claim for relief or
cause of action alleging injury from fanning or forest practices for which no
action or claim is allowed under ORS 30.936 or 30.937. Jackson County
shall be a party to this declaration which cannot be removed or modified
without written consent of the County."
Jackson County, Oregon
Chapter 4
Page 55
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MEMO
386 North Laurel
541-482-9504 [voice]
gkramcr@Lcffnet.org
Ashland, Oregon 97520-1154
541-482-9438 [fax]
Date: 7-July-200S
To: Mayor John Morrison
Ashland City Council
Ashland Parks and Recreation Commission
Ashland Historic Commission
Re: Lithia Springs Property [Ashland Gun Club]
Preliminary Evaluation of Historic Significance
Dear Mr. Mayor, Councilors and Commissioners,
In late June I had the opportunity to tour the Lithia Springs property with John McLaughlin and Maria Harris
of the Community Development Department. We met Mr. Bill Lamb, of the Ashland Gun Club, at the site
and he graciously toured the three of us around their facilities and explained their operations. The purpose of
this was to allow me a chance to review the existing conditions of the remaining built resources on the site
that relate to the Pompadour Chief Spring as the source of Ashland's Lithia Water development plan in early
19th century. This memo, based upon that tour, review of the 1987 Hannon-LeBow report on the facility, and
other available materials, is intended to provide a preliminary review of the potential significance of the
property for listing on the National Register of Historic Places. It is provided as background for your
consideration in preparation for the 20-July-200S joint study session on this site.
HISTORIC OVERVIEW:
Southern Oregon has a long tradition of mineral springs dating back to native use of numerous sites prior to
Euro American settlement. In the late 18th and early 19th centuries Buckhorn Mineral Springs, Wagner Hot
Springs and many others were developed as popular destinations while in Ashland itself the White Sulpher
Springs was developed as a spa in the Railroad District just after the turn of the 20th century. Hehnan Baths
located on what is now Randy Street in Quiet Village, and the Ashland Natatorium Oater Twin Plunges) on
Pioneer Street, also used mineral waters. Today the Jackson Hot Springs and Latgawa Soda Springs (formerly
Dead Indian Soda Springs) in northern Jackson County, continue to rely upon natural fed spring waters as a
focus for recreational use.
The development of the Lithia Springs Property itself is linked to Ashland newspaperman Bert. Greer who
promoted the idea of our city becoming a world-class destination resort based upon its mineral waters. This
was just one in a series of self-promotion schemes that characterized Ashland's struggle for a stable economy
during much of the 20th century. After negotiations for eights to a spring on a nearby parcel failed, the City
located the Lithia Springs property and its Pompadour Chief Spring, which produced some 30 gpm of mineral
water. Spurred by Greer and other supporters, in June 1914 Ashland voters passed a $175K bond measure to
George Kramer, M.S.
Prepared for the City of Ashland, OR
fund development of Ashland as a mineral springs resort, rallying around the catchy slogan "Ashland Grows
when Lithia Flows." A pump was installed at the Pompadour Chief and wood-staved pipes were laid to supply
water to several locations in town that would be easily accessible for the anticipated onslaught of tourists.
"Health-giving lithia water bubbled from fountains in the park, at the railroad station, the hotel and the
library..." (O'Harra, 1981 :88). The City had big plans for Lithia water, with the hopes of building a resort and
sanitarium that would transform Ashland' into "The Carlsbad of America." "It is proposed to erect...a
sanitarium where those in search of health may be given the benefit of the most scientific methods of
administering curative waters ... we advise those who come here for the purposes of being cured of some
ailment to take the waters under the direction of a physician." (Ashland Commercial Club, c1914:10).
Problems with mineralization in the wood-stave pipes began almost immediately and the sanitarium idea died
as Ashland moved on to other promotional schemes. But Lithia Water was pumped into town, and even with
constricted flow, became an important element in our community's character, lending its name to the park and
many other ventures both public and private. Beyond the park itself, most notable was the Lithia Hotel (now
the Ashland Springs) that opened in 1925 and, Walt DeBoer's Lithia Dodge, which was located near the Plaza
and serves as the beginnings of Lithia Motors.
In 1927 there was a renewed interest in Lithia water led by councilor O. T. Bergner. ".. .Ashland advertises
itself as the Lithia City and then when visitors come here they have a hard time finding Lithia water...it should
be made more available to tourists and citizens generally" (Tidings, 22-March-1927, 1:1). As a result, a new
granite and marble fountain was dedicated on the Plaza in October 1927. .
Later use of the Lithia Springs property included the development of a dry ice plant in the 1940s however by
the late 1950s the property, although still in public ownership, was largely vacant. By the 1970s the Ashland
Gun Club had leased the property from the City and over time made significant improvements related to their
use that includes construction of a club house, shooting ranges and similar structures. Fill dirt has been
brought in to create berms and define shooting ranges, most placed above the original grade levels,
significantly changing the character of the site. In 1987 Hannon and LeBow reported upon 14 features on the
property related to the Lithia Water development, including garbage dumps, well caps/holes, foundations,
walls and other elements both above and below ground.
In November 1982 the Lithia Fountain on the Plaza was designated a landmark by the American Water Works
Association (NR Nomination, 1999, Site 1.4). Today, using modernized equipment, Lithia .water is still available
at two locations in town - the Lithia Fountain and at the kiosk behind the bandshell in Lithia Park
LITHIA SPRINGS PROPERTY RESOURCES:
This memo does not address any below-ground historic resources that may be present on the site, be they
related to pre-historic uses or the Lithia Springs development. Based on surface alteration and additional fill
to create berms etc., as detailed by Mr. Lamb, it is assumed that anything present in 1987 is likely still present,
although hidden below new layers of fill. Pedestrian and archival survey of the property by a historic
archaeologist might shed additional light on this matter but is likely not essential in determining the question of
eligibility at this time.
Major built resources on the site include the original pumphouse, several cobble-stone and concrete retaining
walls and steps, some with original steel pipe handrails, the remnants of the Pompadour Chief Spring, iron
standpipes and valves presumed to be associated with wells, foundations from several buildings, the recently
rebuilt Lithia Water pump and the remnants of several other structures, including what is assumed to be the
"gas exc~nger" that was related. to the dry ice facility that operated during the 1940s and 1950s (AI Alsing,
2005). Silting and fill have obscured several of the walls, creating marshy areas and changing their appearance
050503_Lithia Springs Memo.doc 7/7/05
Page 2
George Kramer, M.S.
Prepared for the City of Ashland, OR
from available historic photographs. It is considered entirely likely that other features known to have existed
on the site are buried adjacent to these walls. A thorough evaluation of the property, including some
excavation on-site is highly likely to reveal additional elements related to the Lithia Springs development
period. A steel thru-truss bridge, part of the original development, spanned Emigrant Creek just downstream
from the pumphouse. Around 1989-1990 the City relocated this bridge to the Ashland Airport where it was to
be placed across Neil Creek for pedestrian access from East Main street. The bridge was not installed as
planned and the structure remains buried in brush, south of the runway (.Alsing, 2005).
Existing condition of the walls along Emigrant Creek and further inland is appears to be very good. Condition
of the Pompadour Chief Spring structure (or what is assumed to be that structure, now used as a garbage burn
area) is fair, with considerable damage from lack of maintenance, target shooting, and materials failure. The
condition of the pumphouse, the most visible remaining element of the Lithia Springs development, is poor,
with significant damage as a result of exposure and target practice. This structure has no roof, exposed
aggregate beneath the failing stucco coat, and severe impact damage. The condition of the remaining
foundations, standpipes, and related minor features appears generally'good.
EVALUATION OF SIGNIFICANCE:
The plan to develop Ashland as a mineral spa was an important event in the community's history and reflects
one in the series of efforts to build a tourism-based economy that the City pursued during the late-19th and 20th
centuries. The Lithia Springs property was the focus of the city's mineral water development and remains the
sole source of supply for the city's two surviving fountains.
Historically significant resources must retain sufficient "integrity" to reflect the dcsign or events for which they
are significant. It is important to note that integrity of design or attractive physical appearance is only one
reason that resources may be historically significant but that good design is not, in and of itself, either
assurance of, nor a requirement for, National Register designation. It must also be stressed that condition and
integrity, in this discussion, are not synonymous - a resource may be in poor condition but still retain
integrity. The National Parks Service has defined seven aspects of integrity, and provides substantial guidance
to aide evaluation. That said, the physical condition of the built resources at Lithia Springs is poor, but when
evaluated under the National Register for integrity, it is my opinion that they do retain sufficient integrity to
relate the original development of the Lithia Springs property and its continuing role in the distribution of
Lithia water to downtown Ashland, Oregon.
The Lithia Springs property is considered to have relationship to important events in the development history
of Ashland, Oregon and to retain sufficient integrity to successfully relate those events. The Lithia Springs
property should be considered eligible for listing on the National Register of Historic Places under
Criterion "A." Additional research and evaluation will likely prove the property to be additionally significant
under Criterion "D" for its potential historic archaeological resources related the Lithia Springs development
period. The site may also have Criterion D significance for relationship to pre-historic events based on use of
the Emigrant Creek area by native peoples.
RECOMMENDATION:
Lithia Springs appears to be eligible for listing on the National Register of Historic Places. The act of
nominating and listing a property on the National Register establishes a review process for any pending
Federally-funded or regulated undertaking as defined by 36 CFR 800 et seq and evaluation of significance is a
precursor requirement of such funding. Unless the city is considering some sort of project subject to Federal
review, there is no requirement for the City to list or even formally evaluate the potential significance of the
Lithia Springs property. From a pro-active standpoint, however, listing on the National Register is typically a
threshold requirement for any available private or public granting sources related to historic resources.
050503_Lithia Springs Memo.doe 7/7/05
Page 3
George Kramer, M.S.
Prepared for the City of Ashland, OR
Gaining NR status for the Lithia Springs property, should some future development plan that emphasizes the
site's history be undertaken, is therefore a valuable tool in securing outside funding assistance.
Formal listing, by definition, does not preclude any particular use of the property nor does listing inherently
require any change in operations unless that change is directly reliant upon Federal funding. Until such time as
any permanent use for Uthia Springs is identified and planned, the continued daily use of the site should be
considered an important element in maintaining its security, providing for regular maintenance, and assuring
that if and when a future plan is undertaken that the extant resources related to the Lithia Springs development
period survive with as much integrity as is feasible. '
Nomination of Lithia Springs to the National Register creates little limitation on future uses and, if the City is
interested, offers the opportunity to begin community recognition of the historic importance of the property as
its future is considered, whatever that future may be. That said, however, I believe that the question of
whether or not the property should be nominated at this time is secondary to the discussion about its long-
term use. The continued supply of Lithia Water to fountains in downtown Ashland is, I believe, an important
-element of our community character and the continued ownership and city management of the Uthia Springs
property offers Ashland permanent assurance of that supply along with a variety of development and use
options. .
I strongly encourage the Council and others that the Uthia Springs Property be managed to maintain its
historic character. Whatever the Council, Parks and Recreation Department, Historic Commission and other
concerned groups and individuals consider for the future of this property, I encourage you to implement a
simple management plan that identifies and protects significant resources as possible. Avoiding additional
damage to Uthia Springs should be easily accomplished and doing so will allow for the greatest degree of
flexibility in the future, whatever that future may be.
I look forward to answering any questions you may have regarding this issue at your July 20the study session.
Thank you for the opportunity to assist in this process.
Respectfully Submitted,
George Kramer, M.S.
SELECTED SOURCES:
Ashland Commercial Club. Ashland Oregon- The Carls bad of America." Ashland, OR.: Ashland
Commercial Club,c1914. (From the Collection of Joe Peterson, Ashland).
Alsing, AI. (Former City Public Works Director), Personal Communication, 1-July-200S
O'Harra, Marjorie. Ashland-The First 130 Years. Jacksonville, OR: The Southern Oregon Historical Society,
1981.
Hannon, Nan and LeBow, Clayton G. An Inventory. Historic Documentation, and Assessment of Cultural
Resources at Uthia Springs and Winburn Camp. Infotec Research Inc., for the City of Ashland, 1987.
Ashland Downtown Historic District, Nomination Form, 1999.
050503_Lithia Springs Memo.doc 7/7/05
Page 4
CITY OF
ASHLAND
Important: Any citizen may orally address the Council on non-agenda items during the Public Forum. Any citizen may submit
written comments to the Council on any item on the Agenda, unless it is the subject of a public hearing and the record is closed.
Except for public hearings, there is no absolute right to orally address the Council on an agenda item. Time permitting, the
Presiding Officer may allow oral testimony; however, public meetings law guarantees only public attendance, not public
participation. If you wish to speak, please fill out the Speaker Request form located near the entrance to the Council Chambers.
The chair will recognize you and inform you as to the amount of time allotted to you, if any. The time granted will be dependent to
some extent on the nature of the item under discussion, the number of people who wish to be heard, and the length of the agenda.
CITY COUNCIL STUDY SESSION
AGENDA
Monday, June 16, 2008 at 6:00 p.m.
Council Chamber, 1175 East Main Street
6:00 p.m. Study Session
1. Discussion on Ashland Gun Club Lease [45 Minutes]
2. Look Ahead Review
3. Review of regular meeting agenda for June 17, 2008
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).
C()UNCIL MEETINGS ARE BROADC/\ST LIVE ON CHANNEL ()
VISrr 'TIlE (TTV OF /\SIILAND'S WFJ3 SITI: AT WWW.AS!lLAND.OFurs
ASHLAND GUN CLUB
POBOX 953
ASHLAND, OR 97540
To: Ashland Parks Department
The historical committee brought five questions to the Ashland Parks
Department. I would like to address them.
Question 1) How have the historic features, as documented in the
1987 study, been affected by the Gun Club's stewardship?
The 1987 study was flawed because it did not take into
consideration all that has happened to the property since May
23 1938 when the property was transferred to the City of
Ashland. For example,
. What changes occurred to the landscape associated with the
dry ice plant that was built on the property in 19441 There is
no mention of the 30 or so wells that were drilled, or the
settling ponds that formed as the result of the removal of
carbonated water from the wells.
. What additional changes occurred when the dry ice plant
was razed in 1955?
. What historic features were changed when the McGrew
Brothers Lumber Mill dumped thousands of yards of sawdust
on the property?
. What historic features were changed when the City leased a
portion of the Lithia Springs property to the Ashland Lancers
Motorcycle Club Inc. for a racetrack in March, 1971? What
soils were moved and changed for the sake of motorcycle.
racing?
The Ashland Gun Club has been in existence since before 1953.
We officially signed a lease for use of the property with the City
of Ashland on May 21,1968. Since that time, we have
protected the parts of the property over which the lease gave
us control. The only damage that has occurred under our watch
has been from the elements, such as water absorbing into the
concrete and freezing, causing the exterior to flake off in
places. All other concrete foundations are protected from
human interference by the placement of berms to protect them.
. 1
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It appears that the Historical Committee did not take into
consideration of all the uses and abuses the property has
undergone since in 1915.
Question 2) Target bunkers appear to have been increased from 2 to
10 since 1987. Has this massive redistribution of soils compromised or
destroyed the archeological study potential?
According to our lease with the City of Ashland, our berms
must be 12 feet tall. This has been accomplished without a
· redistribution of existing soil on the property. The property is
designated by the City for placement of excess soil and other
materials. When possible, we have worked with the Parks,
Water, and Streets departments in directing where the soil is
placed. Doing so has allowed us to build the berms while at the
same time protecting the areas of concern and not disturbing
the contour of the land (except at the locations of the berms
themselves). We have not disturbed destroyed any
archeological study potential.
Question 3) What is the impact of lead and debris from gunshot
activity? Is an environmental evaluation needed to determine the
effects on soils and water quality? The City has some experience in
this regard, after a cleanup was performed on the Reeder Pistol Range.
The purpose of the 12-foot berm and side berms is to confine
all lead projectiles within a small confined area. The lead is
monitored and, when necessary, is dry-mined out. This process
is very similar to using a dry sluice box in gold reclamation. The
water quality of Emigrant creek is evaluated at least once every
year at a location near the airport and is consistently clear of
any lead contamination. The City of Ashland Water Department
also monitors the Lithia Water on a regular basis. Due to the
high water pressure and high mineral content of the artesian
springs, the lead does not degrade and enter the water table.
Question 4) If there is an expensive environmental cleanup required,
does the Gun Club have sufficient funds to pay the costs involved?
2
Due to the constant monitoring of our range and confinement
of lead in our berms any cleanup beyond our current
maintenance would be minimal.
Question 5) Are there alternative sites for the Gun Club activities
which would have less impact on the areas of concern as listed above?
The current Ashland Gun Club site is the most practical location
available. The Gun Club is used by the Ashland Police
Department, the Talent Police Department, the United States
Fish and Wildlife Service Forensic Lab, the United States
National Guard, the United Hunters and Sportsmen (teaching
children's hunter safety courses), and more than 400 Gun Club
members (800 to 1200 family members). We are providing a
location where training can be done without the need for
traveling great distances and expending large amounts of
money. We aren't aware of any other sites within a 50-mile
radius that will serve the purposes of the Gun Club and its
constituents as well as this site. If a different sight could be
located, the cost of moving from this sight to another would be
cost prohibitive without the help of the City providing funding
and manpower.
I hope I have been able to address the questions the Historical
commission has raised.
The Ashland Gun Club has been in existence for over 65 years.
We have been a part of the community and have been
supplying men, women, and children, a safe and responsible
place to train and shoot.
My questions to the Parks Department would be:
1. Can the City protect the property from destruction from
four-wheel drive trucks, motorcycles and other acts of
vandalism? The Ashland Gun Club now does this.
2. Who would be able to monitor the property everyday as
the Ashland Gun Club does now?
3. Does the City have monies available in their budget to
cover the costs of maintaining the property, fences, and
repairing the damage that will surely occur if the Gun Club
is no longer on the property? The Ashland Gun Club now
does this.
4. Can the city depend on the Sheriff's Department to
regularly patrol the property and come out to the property
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and come out to cite violators? The Ashland Gun Club
currently provides protection from most acts of vandalism
and other types of illegal activities on the property.
5. How would the city protect the source of the Lithia
Springs well and pump? The Ashland Gun Club currently
does this.
If you have any more questions or documentation, please feel
free to contact me.
Thank you for your consideration.
Bill Longiotti
541-621-0008
Vice President
Ashland Gun Club
4
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Ashland Gun Club
Attn: Chuck Parlier
PO Box 953
Ashland, OR 97520
April 10, 2004
Dear Mr. Parlier,
I would like to take this opportunity to let you know what a valuable asset the Ashland Gun Club
is to t.l1.e }\~shlandPolice DePartment. The police department has been using the Ashland Gtm
. Club regularly since 1997 in order to train its officers in firearms, specialty impact munitions,
use of force and other related skills. The range facility you have created for the police
department has allowed us to increase our training in an area that is critical to the mission of the
police department. I have seen an increase in our overall firearm proficiency and qualification
scores that I believe are a directly attributed to our use of the Ashland Gun Club.
Because of the proximity of the Ashland Gun Club our firearms instructors are able to take
officers out to the range for one on one instruction during their scheduled shift. This one on one
time h~ improved the skills and confidence of our new officers as well as given our veteran
officers additidnal training as needed. Several of our officers also use the range on their own
time_ to work on their firearm skills. I know this wouldn't happen if they had to go clear to the
Jackson County Sportsman Park in White City in order to shoot.
If the Ashland Gun Club were not available to the police department we would be forced to share
the use of the Jackson County Sportsman Park in White City with the other law enforcement
agencies in Jackson County. With the use of the Sportsman Park, the city would incur
additional costs for transportation and travel to and from White City. Our training time would be
cut and during a typical 8-hour training day we would lose at least an hour and half for driving
time. In addition our one on one training time would be eliminated and the amount of actual
range time both on and off duty would decrease.
The Ashland Gun Club is important to the success of the individual officer and to the Ashland
Police Department. Its location, convenience and facilities have proyided us with a training
environment that if lost, would directly impact the AsWand Police Department and the City of
Ashland
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ASHLAND POLICE DEPT.
1155 E. Main Street
Ashland, OR 97520
www.ashland.or.us
Tel: 541-482-5211
Fax: 541-488.5351
TTY: 800-735-2900
CITY OF
ASHLAND
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ASHLAND POLICE DEPT. Tel: 541-462.5211
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Ashland. OR 97520 TIY: 60Q..735.2900
www.ashland.or.us
CITY OF
ASHLAND
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CITY OF TALENT
POLICE DEPARTMENT
80B RECTOR
Chief of Police
Apri120, 2004
Ashland Gun Club
Attn: Chuck Parlier
PO Box 953
Ashland, OR 97520
Dear Mr. Parlier,
The purpose of this letter is to express appreciation for the excellent firearms training facility
that currently exists at the.Ashland Gun Club. The Ashland Gun Club complex has training
facilities that support firearms training for handguns and long guns, with which we are regularly
required to train.
The location of your facility is much closer to our agency than the alternative training site. We
very much appreciate having both the quality and convenience of your training facility available
to us.
The only ahernative for firearms training for our department involves a 30-minute drive to the
White City Range Complex. The added cost for travel and officer time to that facility adds up to a
substantial amount over time and it is my hope that your facility remains available for this
critical law enforcement training.
Sincerely,
~.
Bob Rector
Chief of Police
604 Talent Avenue I P.O. Box 445 . Talent, Oregon 97540 . Phone {541} 535-1253 . Fax {541} 535-8259
Equal Opportunity Provider
OREGON ARMY NATIONAL GUARD
Headquarters and Headquarters Company 1st Battalion 186th Infantry
1420E. Main St., Ashland, OR 97520-1310
WPRPTO
08APR04
MEMORANDUM FOR ALL CONCERNED
SUBJECT: ASHLAND GUN CLUB AND RANGE
Speaking as the Readiness and Training NCO for the Headquarters of the local area National Guard units,
I urge that the Ashland Gun Club and its Range be maintained in its current status of club and community
use.
Many local citizens are serving their community, state and nation by service in the local National Guard
units. Throughout the year these citizen-soldiers keep their skills sharp and meet qualification
requirements as soldiers thru use of this Range.
Without the Ashland Gun Range, these soldiers will have to utilize precious tax. dollars for transportation
to distant ranges, affecting all taxpayers. Without this range, the military qualifications they need as
soldiers will be adversely affected, which, again, impacts the whole community. Without this range, a
tool that offers important training and recreation for all citizens of this area will be adversely affected.
To us in the National Guard, having access to this range is important for the readiness and soldierly
survival skills of our soldiers who are our neighbors, son and husbands, and employees. Do not take this
away from them.
Point of contact concerning this matter is the undersigned at (541) 482-3566.
GUARDIANS OF TIIE WESTERN GATE
*~~
MARK E. KELLER
SFC,ORARNG
Readiness NCOIC
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OREGON ARMY NATIONAL GUARD
186th Guard Officer Leadership Detachment
1250 Siskiyou Boulevard
Ashland, Oregon 97520
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AROPT-186 GOLD
186" G.O.L.D.
05 December 2004
MEMORANDUM FOR Ashland Gun Club, P.O. Box 953, Ashland, Oregon 97520
SUBJECT: Weapons range use.
1. The 186th Guard Officer Leadership Detachment of the Oregon Army National Guard
is interested in continuing the use of your weapons range. The Guard Officer
Leadership Detachment (186th G.O.L.D.), replaced the existing R.O.T.C. program at
Southern Oregon University and is a vital tool for the Oregon Army National Guard
to recruit young officers. Without the generosity of the Ashland Gun Club our Officer
Candidates would have to travel to Astoria, Oregon to qualify with their weapons at a
much greater cost to the taxpayer. Our program is indebted to your club and would
like to offer to help fix and or maintain your facility. The 186th G. O. L. D. would like to
continue to use your range in the spring and the fall as well as a small number of
visits by our instructors to maintain their skills.
2. Point of Contact is the undersigned at (541) 552-6409. Please feel free to call and
set up a time we can talk about our soldiers conducting facility maintenance and the
fees associated with membership.
'I
S R.IRVING
SFC, ORARNG
G.O.L.D. NCOIC
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IN REPLY REFER TO:
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Office of Law Enforcement
Clark R. Savin
National Fish and Wildlife Forensics Laboratory
1490 East Main Street
Ashland, Oregon 97520
April 12, 2004
Chuck Parlier
president, Ashland Gun Club
P.O. Box 953
AsWand,OR 97520
Dear Sir,
On behalf of the National Fish and Wildlife Forensics Laboratory I would like to thank you and
your organization for your continuous support of our laboratory through the use of yoUr facilities.
The primary function of this laboratory is the investigation of wildlife crimes. Many of those
crimes involve the illegal killing of protected species as well as big game animals and game
birds, with the use of firearms. We do not have a test-firing capability at this laboratory,
therefore, we rely on local firing ranges when we test-fire rifles, handguns and shotguns, to
obtain bullets and cases for comparison to crime scene evidence. We have used your range for
test fires since the laboratory was established in 1989. Alternatives to your range would include
the Jackson County Sports Park in White City ( a round trip driving distance of approximately 40
miles) or a gravel pit in the AsWand area, where safety becomes an issue.
Sincerely, /
~Pjo....11 __
Michael D. Scanlan
Senior Forensic Scientist- Firearms
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UNITED HUNTERS AND SPORTSMAN INC.
POBOX 3728
CENTRAL POINT, OREGON 97502
26 March 2004
To Ashland Parks Department:
It is with this letter that I respectfully request renewal of the lease of the Lithia
Springs property to the Ashland Gun Club.
I am an NRA Certified Firearms Instructor, an Oregon Hunter Education
Instructor as well as a member of the Ashland Gun Club. Over the many years that
I have been an instructor for the National Rifle Association and the State of Oregon,
I have utilized the facilities at the Ashland Gun Club to instruct firearm safety
classes involving the general public. These classes involve both male and female
students and have involved ages from 7 years to 75 years.
In the past three years alone, the number of students attending adult firearm safety
classes at the Ashland Gun Club number well in excess of 125. The Oregon Hunter
Education Program students utilizing the Ashland Gun Club for the "required live
rIre" portion of the Hunter Education Program will number in excess of 225 per
year.
Loss of the lease would be the end of shooting sports in the south Rogue Valley.
It would disenfranchise some 400 plus Ashland Gun Club "Family memberships"
which involve in the area of 1000 persons.
It would create hardships and safety issues for the Oregon Hunter Education
Program by lack of local "safe" shooting facilities with which to perform activities
required by the State of Oregon.
It would eliminate "practical" firearms qualification shoots and practice for local
Police Departments and create budgetary problems for them.
It would displace to some other venue the "Jefferson State Regulators", a "Cowboy
Action Shooting" entity that through it's competitive "shoots" attracts people from
other areas, including "out of state" that increases revenue for Ashland.
It would eliminate three separate "shot gunning sports", trap, skeet and sporting
clays that are a very popular activity at the Ashland Gun Club.
It would displace to another venue, The Oregon National Guard and their
utilization of the Ashland Gun Club for qualification shoots.
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Gun Club for sight-in procedures as well as a rather sophisticated "walk-thru" 3-D
archery target range. The Ashland Gun Club boasts the ONLY outdoor archery
range in the valley. The nearest others are Keno, Merlin and Yreka.
Loss of the lease would also displace the U.S. Fish and Wildlife Service Forensic
Laboratory, wWch utilize the Ashland Gun Club for the test firing of fIrearms in the
ballistic field, where they are instrumental in the prosecution of not only wildlife
violations, but also homicide cases.
In all, loss of the Ashland Gun Club facility would deprive hundreds of Ashland and
Rogue Valley residents of a location at which they can safely enjoy the shooting
sports.
Jack Sutherland
11200 Highway 99 South
Ashland, Oregon 97520
(541) 482-3467
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Ashland Daily Tidings
April 1, 2004
Safe on the range
Story by Bill Choy
Gun safety is vital for all hunters, especially those new to the sport.
That's why there are hunter education programs throughout the Rogue Valley,
including the Ashland Gun Club.
, Students, most 12 to 13 years old, take the
education classes, which require 12 hours of
classroom time and learning gun safety out on
the range. The program is taught countywide and
is affiliated with the Oregon Department of Fish
and Wildlife.
Anyone under 18 who wants to get a hunter's
license is required to take the course.
Training includes firearms handling, hunter
responsibility and ethics, hunter conservation,
and first aid and survival skills
Billy Urie, 10, of Medford aims a target dwing a recent
range day of Hunter Education at Ashland Gun Club.
Photo by Satsuki Doi
Gun club member and instructor Jack Sutherland
of Ashland said the classes and training make quite a difference in his young pupils.
He has had heard of students who have gone hunting with their parents and have
corrected them on their hunter safety protocol.
"They're giving there parents pointers, II he said. "The dads are quite Impressed with
the program, which feels good."
Diana Bauman, Jackson County area coordinator for the Hunter Education Program,
said in the 16 years she has been in the program, all the students who have
completed the course have a clean hunting safety record.
"I think it definitely makes a difference," she said. "It helps prevent accidents and
teaches them how to appreciate our sport. It's a great experience for all involved."
.:,~.-.. :"; '?':;':;0?:;-~~~~~;~
COMMUNITY
Mail Tribune, Tuesday, April 9, 200
Photo by Andrew.Hariman for the Mall Tribune
From left, Rick Georgeson, Steve Ellis and Keith Cole take aim at one of 28 newly acquired three-demenslonal targets at the Ashland Gun Club.
In its fifth year, the archery portion of the club allows members and the public to shoot at targets on the first Sunday of every month. The new
targets are part of a 14-target course and were donated by the 'TYee Archery Club, which disbanded a year ago.
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To all concerned;
Ashland Gun Club lease
My name is Rick Georgeson. I am the president of the Ashland Archers, a division of the
Ashland Gun Club. I am urging the Parks Commission to allow the Ashland Gun Club to
continue serving the local community by extending their lease.
We have wide range of members from target shooters to hunters who want to hone their
skills, from young families with their kids to a member close to. eighty shooting on a
regular basis. We have several shoots a year that are open to the public and have an annual
. . campout and shoot for members. There isn't a better place in the valley to meet other
people who are into archery. We have an annual pot luck at the range for archers to meet
other archers.
Our range consist of a sight-in area with berms on three sides and targets from 20 to 50
yards. There is a 28 target walk through course that is set up somewhflt like a golf course.
Targets are at all different distances and up and down hill. Our course was approved by a
National Field Archery Association field inspector before we opened it to the public. The
closest public archery range' to us is, Merlin, OR to the north, Keno, OR to the east, and
Yreka, CA to the south. There just isn't a safe public place to shoot in the Rogue Valley
besides us.
. The Ashland Archers promote archery safety and help new archers to learn about the
sport. Archery has been for years the fastest growing hunting sport. Archery isn't
something you can do efficiently without a lot of practice. I am afraid that without our
range a lot of people would have no place to practice and would go hunting without the
skills they need to humanly kill an animal. Other people would just have to give up a . sport
they love for a lack of a place to shoot.
Please help us continue providing a critical need not just for
Ashland, but for archers all around the Rogue Valley
Thank y.ou,
~
President Ashland Archers
Treasurer, Ashland Gun Club
~.' ':<:''::''}~:~'.~:;r;.,;"r:~s~~~'.~;
THE JEFFERSON STATE
REGULATORS
Kev.in E. Nussbaum, President
AKA. Sourdough Smitty . SASS #45774
5597 South Fork Little Butte Creek Road
Eagle Point, OR 97524
(541) 826-2933
"COWBOY ACTION SHOOTING! IT'S A THING OF THE PAST,
-AND THAT'S THE WAY WE LIKE IT!"
April I 0, 2004
.
City of Ashland Parks Department:
My name is Kevin Eric Nussbaum, as President of The Jefferson State Regulators, an Old West re-
enactment club, and as a fourth generation Jackson county resident still residing on our Lake Creek
Homestead, I would like to address the issue of guns being compatible with and/or a part of history and
the continued use of the Ashland Gun Club location.
Each month (on the 3rd Saturday) 35 to 45 history. buffs gather at the Ashland Gun Club to bring back to
life the late 1800's. lbis is the same time period Jackson County was being settled. For many of us our
interest started with stories of our pioneering ancestors and by handling the irreplaceable heirlooms that
we still possess. If you would like to know both the value and the price of western heritage, ask a
Cowboy Action Shooter. After all, the items most often handed down from generation to generation
are photos; jewelry, watches, and firearms. As an extension of this interest we now use reproductions .
of both the firearms and of the clothing, some of which are made by the competitors themselves, to add
individuality, creativity and discussion to our competitions. If you would like to know how things used
to be made, again ask a Cowboy Action Shooter. Our members include; people who forge steel, cast
brass, form leather, sew clothes and work with wood in order to recreate the items we cannot buy.
Our annual shoot attracts 90 plus competitors, about 60 men and 30 women, and their family members
to the Ashland area from Oregon, Washington, Idaho, Montana and California. This annual event
serves as a competition, bazaar, reunion, right of passage, history lesson and a chance to visit the local
stores and restaurants some of which have roots in western history.
During an average year the Jefferson State Regulator's monthly matches host a total of about 550
competitors.. Many of our members also use the facilities during the week for practice and training and
often volunteer their time for work-parties that include maintaining the buildings, berms, firebreaks,
weed-eating, raking, and yes, painting and cleaning the toilets.
The Ashland Gun Club is special for several reasons:
It provides members with a long established well-maintained facility in which to practice. It provides a
place for families to pass on traditions and history to the next generation. It offers a training facility for
hunter safety classes, sportsmen, local law enforcement personnel and National Guard troops and for
testing pmposes by the U.S. Fish and Wildlife National Forensics Laboratory. And of course the
people; mentors who teach safety, respect, cooperation, community service, and sportsmanship. They
have invested generations of sweat equity in creating a place to be proud of. .
'C"C""':':;:;"',",'~'
I would like to thank the City of Ashland for giving proactive history buffs like the Jefferson State
Regulators the opportunity to relive our history while enjoying our favorite sport, and ask that the lease
be continued so that history can continue to be relived, remembered and passed on to others.
Sincerely,
x~
c!~ 11~
Kevin Eric Nussbaum
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Ashland Parks and Recreation Commission
Ashland, Oregon
April 21 , 2004
Dear Commission Members;
I am writing with regard to the proposal you are considering to designate the property presently
leased to the Ashland Gun Club (AGe) as an historical site. I urge you to extend the AGe lease
on the property, regardless of whether you decide to apply that designation to the site.
I have resided in the valley since 1964, and recently retired as Professor of Geology at Southern
Oregon University. I have long enjoyed shotgun shooting sports, and it is this activity at the AGe
that I wish to address. Before the property in question was leased to the AGe in 1968 it was
necessary for me to travel to the Medford Gun Cub on the Crater Lake Highway to shoot a round
01 skeet. Shortly after the AGe leased the present site, hand gun and rifle ranges were built, and
most activity immediately thereafter consisted of plinking with handguns and sighting in rifles prior
the hunting season. I was grateful for those facilities, as finding a safe place to sight in a rifle was
always a problem. Many local gravel pits and deserted roads were littered with riddled targets,
broken glass, and punctured tin cans. There were no shotgun ranges at the site for some time after
the lease was awarded.
Over the years I have belonged the AGe we have constructed three separated ranges for shotgun
shooting sports. These include a trap range, a sporting clays range, and a skeet range. Each of
these ranges required considerable construction on the site, including pouring concrete walks and
pads, installation of the machinery to throw the clay targets and buildings to house them, and.
electrical systems to operate the equipment. These facilities were constructed using the gun club
funds for materials and machinery and the voluntary labor of its members. Each of these ranges
now serves numerous shotgun enthusiasts. Many of the shotgun shooters are retired and living in
. Ashland, and I often hear them comment that they are pleased to find such a convenient and
accommodating facility available to them. I regularly come from Talent, and other club members
come from all around the valley to use these ranges. In fact, there is .00 comparable facility in the
valley for the sporting clays range.
The time, money, and effort that have been devoted to developing, improving, and maintainine
these shotgun ranges is substantial. It is an important asset to the Ashland and SWTounding
communities. I think it important that the Ashland Gun Club be allowed to maintain their lease for
those participating in the shooting sports.
Yours truly, /
~~ $.~
William B. Purdom
2300 Zemke Road
Talent, Oregon
cc: Ashland Heritage Commission
M &tv1 BE R s 5 H(j6-;{ NG SK~l:l
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Ashland Gun Club
Presents. . .
Public Sight-In Days
When: Sept. 27th & 28th 9 a.m. until 3 p.m.
Where: AsWand Gun Club Range Across from
Ashland airport (Y2 mile up Dead
Indian road, then turn on Emigrant
Creek road. Go Y2 mile, range on left).
Bring: Rifle, Ammo, Ear Plugs, Eye Protection,
Targets
Provided: Covered Firing Point, Bench Rests,
Target Frames, and Assistance if
needed.
':"'/~.:-':"''7':.''''-:''!~?:~.~:'''~- -~
ASHLAND GUN CLUB RULES AND RANGEORIENTATION
1. Hours are from 7:00 am-sunset weekdays, and 8:00 am-sunset week-ends.
2. No alcohol or drugs will be brought onto or used on AGC property. No one
under the influence shall enter AGC property.
3. All firearms will be maintained in an unloaded condition except when pointed
down range and on the firing line. All actions will remain open except when
the firearm is in use. When holstered, pistols are considered safe. When
people are down range bolts are open and no handling of firearms occurs.
4. All firearms will be unloaded when changing from station to station.
Pistols should be holstered when moving on the fire line.
5. Minors (18 or under) must be supervised by an adult member when they are
at the AGC ranges.
6. Guests using the range must be accompanied by an AGC member, must
sign in, and must NEVER be given the access code to the entrance gate.
Any AGC member breaching this rule will gave their membership canceled.
7. All people using the range must sign in.
8. Firearms with muzzle energies over 6000 ft. Ibs may not be fired at AGC.
9. No fully automatic firearms will be fired on "full auto" on AGC property.
10. No shot larger than #71/2 is allowed on the trap, skeet or sporting clays
range. All larger shot must be fired on the rifle range and the member is
responsible for supplying their own target frame.
11. All firing is to be at paper targets on the target stands, or approved steel
targets. NO shooting bottles, boxes, or other non-approved steel targets.
Remove all paper targets, etc. from all stands and take them home with you.
Clean up after yourself.
12. Always be sure of your target and backstop.
13. The wildlife at the AGC is protected and must never be harassed, menaced
or endangered in any manner.
14. Please observe the speed limit of 10 mph. No peeling out or cutting donuts
in the parking lot.
Cooperation and friendliness is the motto of AGC. Be polite
and introduce yourself to others. Check to see if they are
members. Anyone suspicious or doing something against
the rules or acting in an unsafe manner should be reported.
Take down the name and/or license number and give it to
one of the club officers. This is our club and it takes each
one of us to keep it safe for everyone.
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CITY OF
ASHLAND
":'-'-:': ': :.----:---:::::>"::::
1m . octant: Any citizen may orally address the Council on non-agenda items during the Public Forum. Any citizen may submit written comments
to Tidl on any item on the Agenda, unless it is the subJect of a public hearing and the record is closed. Except for public hearings, there is no
absolu :ght to orally address the Council on an~genda item. Time permitting, the' Presiding Officer may allow ora] testimony; however, public
. mee~n law guarantees only public attendance, no .., ic participation. If you wish to speak, please fill out the Speaker Request form located near
th~en the Council Chambers, The chair. 0 ize you and inform you as to the amount of time allotted to you, if any. The'time granted
'willbed,ent to some extent on the nature 6fth :der discussion, the number of people who wish to be heard, and the length of the agenda.
AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
June 17, 2008
Council Chambers
1175 E. Main Street
6:00 p.m. Executive Session to consult with legal council regarding pending litigation pursuant to ORS
192.660 (2)(h) and to discuss labor negotiations pursuant to ORS 192.660(3)
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. Study Session of June 2, 2008
2. Executive Session of June 3,2008
3. Regular Council of June 3, 2008
VI. SPECIAL PRESENTATIONS & AWARDS
None
VII. CONSENT AGENDA {5 minutes}
1. Does the Council accept the Minutes of Boards, Commissions, and Committees?
2. Should the Council approve the Intergovernmental Agreement with Jackson County to pay
$5300.00 to use the County sobering unit?
3. Does the Council wish to confirm the Mayor's appointment of Treg Scott for a term to expire
April 30, 2011 to the Airport Commission?
4. ShaU the City Administrator be designated as the primary person responsible to insure an
. annual audit is performed per ORS 2977
~ ~ Should Council approve a resolution adopting a supplemental budget for FY 2007-2008
)\\11 Budget a third time to create appropriations and authorize expenditure of grants received to
r' \ _ purchase firefighter protective clothing and help pay for annual health insurance renewal?
\Irr-: Should Council approve a resolution to adjust budget appropriations for changes in
yJ \ -' operational expenses to remain in compliance with Oregon Budget Law?
VIII. PUBLIC HEARINGS (Testimony limited to 5 minutes per speaker, unless it is the subject of a
Land Use Appeal. AU 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 ~2.04.050.E})
1. Should the Council grant a request for Outline Plan approval of a six-lot, five unit Performance
Standards subdivision which includes a Physical and Environmental Constraints Review
Permit for Development of HiUside Lands, a Tree Removal Permit to remove 13 trees six-
inches in diameter at breast height (d.b.h.) or larger, and an Exception to Street Standards to
COLINCILMEE'fINCiS ARE BROADCAST LIVE ON CHANNEL 9
VISrTT'lTE crrv or.' ASJTL.AND'S WEn srrE AT WW\VASHL.AND.OR.LJS
allow the applicants to end street improvements at the driveway of Lot 5 rather than extending
them to the southern boundary of the project? [60 Minutes]
2. Will Council approve increases to the Water, Wastewater, Transportation and Storm Water
utility rates effective August 1, 2008? [45 Minutes]
IX. PUBLIC FORUM Business from the audience not included on the agenda. (Total time allowed for
Public Forum is 15 minutes. Speakers are limited to 5 minutes or less, depending on the number
of individuals wishing to speak.) [15 minutes maximum]
X. UNFINISHED BUSINESS
1. How does Council wish to distribute Transient Occupancy Tax (TOT) revenue generated by
the existing 7% and the additional 2% tax to be implemented effective October 1, 2008?
XI. NEW AND MISCELLANEOUS BUSINESS
1. Does the Council wish to approve an agreement to partially settle MAA v. City of Ashland?
Please Note: Materials will be provided on June 17, 2008.
XII. ORDINANCES, RESOLUTIONS AND CONTRACTS
1. Should Council make changes in the duties and responsibilities of the Municipal Audit
Committee and approve a resolution titled, "A Resolution clarifying the duties and
Responsibilities of the Municipal Audit Committee and Making the City Recorder an Ex-Officio
Member and Repealing Resolution No. 2003-07"?
2. Should the City Council conduct and approve Second Reading of an Ordinance titled, " An
Ordinance amending the Ashland Municipal Code, Land Use Ordinance concerning special
[arterial] setbacks and associated street standards adopted in Ordinance 2836" and move
approval of the ordinance? [5 Minutes]
3. Should the City Council conduct and approve Second Reading of an Ordinance titled, "An
Ordinance Amending Chapter 4.24.020 of the Ashland Municipal Code Increasing the
Transient Occupancy Tax" and move approval of the ordinance? [5 Minutes]
4. Should the City Council conduct and approve Second Reading of an Ordinance titled, "An
Ordinance Levying Taxes for the Period of July 1,2008 to and including June 30,2009, Such
taxes in the sum of $8,616,000 upon all the real and personal propertysubject to assessment
and levy within the corporate limits of the City of Ashland, Jackson County, Oregon" and move
approval of the ordinance?
5. Should the City Council conduct and approve Second Reading of an Ordinance titled, "An
Ordinance relating to delegation of duties to the City Administrator for acceptance of interest
in real property and the renewal of intergovernmental agreements and amending AMC
Chapter 2.28" and move approval of the ordinance? [5 Minutes]
6. Should the City Council conduct and approve First Reading of an Ordinance titled, "An
Ordinance amending Chapter 2/25, Street Tree Commission, amending name, membership,
quorum, powers and duties, and other requirements" and move the ordinance to Second
Reading? [30 Minutes]
7. Should the City Council conduct and approve First Reading of an Ordinance titled, "An
Ordinance relating to water regulation and cross connection, and repealling Ordinance 2773"
and move the ordinance to Second Reading? [5 Minutes]
8. Should the City Council conduct and approve First Reading of an Ordinance titled, "An
Ordinance relating to lawn sprinklers, providing a penalty, and amending AMC section
15.16.170" and move the ordinance to Second Reading? [5 Minutes]
XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
XIV. ADJOURNMENT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this
meeting, please contact the City Administrator's office at (541) 488-6002 (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).
('OUNCIL l'vlEETINGS ARE BROADCAST LIVE ON CHANNEL \)
VISlr TIlE erry or' ASFIL.AND'S WEB SITE AT W\VW.ASJII.AND.OR.US