HomeMy WebLinkAbout2010-0817 Regular Mtg PACKET
CITY OF
ASHLAND
AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
August 17, 2010
Council Chambers
1175 E. Main Street
Note: Items on the Agenda not considered due to time constraints are automatically continued to
the next regularly scheduled Council meeting [AMC 2.04,030,E,]
6:00 p.m. Executive Session for review of a confidential document pursuant to ORS 192.660(2)(f)
7:00 p,m. Regular Meeting
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. MAYOR'S ANNOUNCEMENTS
V. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?
[5 minutes]
1. 'Regular Meeting of August 3, 2010
VI. SPECIAL PRESENTATIONS & AWARDS
None
VII. CONSENT AGENDA [5 minutes}
1. Will Council approve the minutes of Boards, Commissions, and Committees?
2. Does Council wish to approve annual renewals on liquor licenses as requested by
Oregon State Liquor Commission?
3. Will Council approve the donation of a surplus ambulance to the Warner Valley First
Responders in Plush, Oregon?
4, Does Council wish to confirm the Mayor's appointment of Kerry Kencairn to the
Historic Commission with a term ending April 30, 2013?
5. Does Council approve the recommendation of the Public Art Commission to
implement another round of Reflections of Ashland: Utility Box Beautification Pro jeer?
VIII. PUBLIC HEARINGS (Persons wishing to speak are to submit a "speaker request form"
prior to the commencement of the public hearing. All hearings must conclude by 9:00
p.m., be continued to a subsequent meeting, or be extended to 9:30 p.m. by a two-thirds
vote of council {AMC S2.04.050}}
None.
COUNCIL MEET1NGS ARE BROADCAST LIVE ON CHANNEL 9
VISiT 'ITIE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.l!S
IX. PUBLIC FORUM Business from the audience not included on the agenda. (Total time
allowed for Public Forum is 15 minutes. The Mayor will set time limits to enable all
people wishing to speak to complete their testimony.) [15 minutes maximum]
X. UNFINISHED BUSINESS
1, Will Council accept one of the two proposals received for the beneficial use of the
Imperatrice Ranch property and authorize staff to negotiate a contract with Standing
Stone Brewing Co,? [15 Minutes]
XI. NEW AND MISCELLANEOUS BUSINESS
1. Does Council wish to refund a portion of the Community Development and
Engineering Services Fees associated with the Housing Authority of Jackson County
affordable housing project on Clay Street? [20 Minutes]
2. Shall Council formally approve the Ashland Fiber Network Strategic Business Plan?
[30 Minutes]
3. Does Council wish to provide a requested Letter of Commitment in support of a
Community Challenge Planning Grant application being prepared by the Rogue
Valley Council of Governments (RVCOG) entitled, "Institutionalizing Livability,
Sustainability, and Affordability in Southern Oregon through Comprehensive
Planning" in association with the Greater Bear Creek Valley Regional Problem
Solving (RPS) Plan? [15 Minutes]
XII. ORDINANCES. RESOLUTIONS AND CONTRACTS
1. Will Council approve Second Reading of an ordinance titled, "An Ordinance Creating
Chapter 11.34 Relating to Storage of Personal and Recreational Vehicles and
Amending AMC 11.24.020" and move the ordinance on to Second Reading? [5
Minutes]
2. Will Council approve First Reading of ordinance titled, "An Ordinance Relating to
Adoption of the Oregon Fire Code and Amending AMC Chapter 15.28"? [10 Minutes]
3, Will the City Council approve the second reading of the ordinances adopting Chapter
18,53 Croman Mill and related ordinance, Ashland Comprehensive Plan, and
Comprehensive Plan and Zoning map amendments, and the findings of fact to
accompany the amendments? [30 Minutes]
XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL
LIAISONS
1, Will Council consider placing on a future agenda a resolution supporting OPAC's
recommendations on ocean-marine reserves? [5 Minutes]
XIV. ADJOURNMENT
In compliance with the Americans wilh Disabililies 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).
COUNCIL J....1EETINGS ARE BROADCAST LIVE ON CHANNEL 9
VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW,ASHLAND.OR.l!S
ASHLAND CITY COUNCIL MEETING
August 3.2010
Page lof8
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
August 3, 2010
Couucil Chambers
1175 E. Maiu Street
CALL TO ORDER
Mayor Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers,
ROLL CALL
Councilor Voisin, Navickas, Lemhouse, Jackson and Silbiger were present. Councilor Chapman was absent.
MAYOR'S ANNOUNCEMENTS
Mayor Stromberg announced vacancies on the Planning Commission, Public Arts Commission, Housing
Commission and Tree Commission,
SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?
The minutes of the Study Session of July 19, 2010, Joint Meeting with Ashland Hospital Board of July 20,
20 I 0 and Regular Meeting of July 20, 20 I 0 were approved as presented,
SPECIAL PRESENTATIONS & AWARDS
Proclamations of August 6,2010 as Hiroshima Day and August 9, 2010 as Nagasaki Day were read aloud,
CONSENT AGENDA
1. Will Couucil approve the minutes of Boards, Commissions, and Committees?
2. Does the Council wish to confirm the Mayor's appointment of Thomas Myers to the Tree
Commission with a term to expire April 30, 20B?
3. Will Council accept the quarterly report at presented?
Councilor JacksonfLemhouse mls to approve Consent Agenda items. Voice Vote: all A YES. Motion
passed.
PUBLIC HEARINGS
1. Will Council approve First Reading of an ordinance titled, "An Ordinance Establishing Fees
and Charges for Municipal Conrt Administration" and move the ordinance on to Second
Reading? Will Council approve a resolution titled, "A Resolution establishing fees for the
administration of the Ashland Municipal Court" after the public hearing?
City Attomey Richard Appicello presented the staff report that included a proposed ordinance and resolution,
He clarified the proposed fee schedule, how it related to the State imposed surcharge and requested Council to
consider the following staff recommendations:
. Make fees consistent with the State surcharge currently in effect
. Add a $100 Bench Probation Surcharge
. Retain the $25 Probation Violation Charge
. Do not include an additional $100 Diversion Petition surcharge to DUll and Marijuana
diversion programs
. Increase the expunction application filing fee to match the State surcharge of $250
Mr. Appicello went on to address the following concerns and suggestions made by the Municipal Court Judge:
. The proposed $60 fee for Diversion or Deferred Sentence was cost recovery for City Attorney's
office not necessarily the Court.
ASHLAND CITY COUNCIL MEETING
August 3,2010
Page 2 of8
During this process, the City Attomey acts as the supervisor similar to the Judge for Bench Probation
cases, The $60 fee covers administrative costs to defer the case or keep it off the individual's record,
. Cost recovery for City Attorney's office for Civil Compromise costs.
The Prosecutor and Defense Attomey perform the majority of the work involved with Civil
Compromise cases, State statute indicates upon the victim's satisfaction and payment of cost and
expenses incurred the Judge can dismiss the charge, Cost and expenses can include Court appointed
Attorney's fees and the cost of prosecution. The proposed fee set a dollar amount so there was a clear
amount to be paid,
. Establishing Bench and Jury Trial fees and giving the Jndge more authority to waive the fees.
The City was proposing a $100 reimbursement fee when a defendant requests a Jury Trial and loses, A
similar fee would apply to Bench Trials as well. The fine for a defendant who failed to appear would
be $150 for a Jury Trial and $90 for a Bench Trial.
. The Judge's request for more discretion to waive the $25 Installment Payment fee.
Staff included an additional proposal in the ordinance for this request.
. The Judge's snggestion for a $25 fee for second continuance requests.
Staff could add this to the ordinance as a footnote,
. City Administrator questioned retaining the $5 Court Appointed Counsel Application fee.
This amount is bundled in Court-Appointed Attomey costs,
Mr, Appicello explained the Municipal Court was not a "court of record" and proceedings were not recorded.
The proposed ordinance would request the Municipal Court to keep written records of decisions made when
fees were waived or determined.
Municipal Court Judge Pam Burkholder Tumer clarified the information submitted by the Court Clerk in a
2008 email regarding current Court Fees should not be considered because it was inaccurate.
Judge Turner read a written statement submitted to the record of her concerns the proposed ordinance and
resolution would affect the Ashland Municipal Courts ability to retain flexibility and judicial discretion. There
were 126 Municipal Courts in Oregon that did not require written findings to justifY decisions regarding local
fees. The practical application of providing written findings would increase the duties of the Court, staff and
operational costs, She noted the $45 and $35 surcharge fees incurred October I, 2009 to July 31,2010
generated $69,172 for the City treasury. That amount would increase with Bench Probation fees. The Court
had not used any of this revenue, The City Council can redirect revenue from the Court to support other
departments, If Council approved the ordinance, Judge Tumer requested all the references to "shall" and
"shall not" be replaced with "may," She urged Council not make Ashland Municipal Court the only court in
the State with mandated local fees and written findings each time it reduced or waived a fee,
Judge Tumer clarified the only written record kept for violations was what the defendant plead guilty to, the
sentence, fines, fees, payment plan if applicable and information that applied to the case, This documentation
was not considered a finding. Mr. Appicello agreed and added findings were notes supported by the evidence
heard and should include the law, pertinent relevant facts and the conclusion, Judge Tumer reiterated the
burden producing written findings would put on the Court and did not think it was not necessary for Municipal
Courts to document waived administrative fees. She confirmed a computer program contained fees but needed
further information on the system and would provide that to Council later, She explained Judges under Oregon
law could set and impose court fees. Council has the authority to set and direct fees under City Charter but it is
outside of cornmon practice, Typically, the Judge would go to Council and request a resolution for fees as
needed. She supported the City establishing similar fees when the State removed the surcharges,
Public Hearing Open: 8:14 p.m.
Public Hearing Closed: 8:14 p.m.
ASHLAND CITY COUNCIL MEETING
August 3,2010
Page 3 of8
Councilor NavickasNoisin mls to reject the proposed ordinance and resolution. DISCUSSION:
Councilor Navickas was discouraged how the ordinance and resolution were initiated, It should come from the
Judge with fees she was comfortable with that allowed her the maximum discretion, Councilor Voisin
supported the motion based on the fact 126 Municipal Courts did not require written findings on waived fees,
Passing the resolution would change the Court significantly, Councilor Silbiger explained the lack of clarity
regarding having a fee schedule spoke to the need to have one. Even the Judge had requested an additional fee
for second continuances, He commented on removing discretion and noted not having a fee schedule could
work in a negative way and remove the balance of power. The ordinance and resolution needed work but there
was no reason to reject a fee schedule. Councilor Jackson was not prepared to reject all the effort put into the
proposed ordinance and resolution. There was a need for consistency, clarity and transparency in what people
can expect when they receive a citation under the Municipal Code, Councilor Lemhouse did not think it was
wise to reject it entirely or accept it fully. The Judge has authority to impose fines, but if it is not recorded, it
lacks transparency, Councilor Navickas supported established fees but did not think it was the role of the City
or Council to manage the Judge. He thought the Judge should come back to Council within six months with an
altemative ordinance. Roll Call Vote: Councilor Voisin and Navickas, YES; Councilor Silbiger,Jackson
and Lemhouse, NO. Motion failed 2-3.
Mr. Appicello clarified absent State law all Court fees, Municipal Court practices and operations were subject
to City ordinances. City Charter states Council has the authority to establish fees and charges as deemed
appropriate and can regulate the Court, Establishing fees or charges require public comment and none of the
fees and charges the Court currently used has had opportunity for public comment. One of the reasons for
creating the ordinance and resolution was to receive public comment. There was also nothing stated in Oregon
law that allowed a Judge to adopt a fee or charge for any purpose. However, there were specific statutes where
the Judge could charge to recover costs.
Staff expressed further concern the Municipal Court was currently charging fees not documented or adopted by
resolution that lacked legal authority,
Council discussed approving the ordinance with changes and addressing discretion at this meeting then have
the Judge review the proposed fee schedules and make recommendations later, Staff cautioned Council on
replacing "shall" and "shall not" with "may" because some fees should not allow discretion. Council stressed
the importance of having something in writing regarding local fees. Opposing comments noted findings or
written statements on decisions have to be legally defensible, require substantial paperwork and other
Municipal Courts did not require written findings, Comments supporting written documentation noted the
need for transparency over-rode the burden of paperwork, Staff chirified the language requesting written
findings were taken from the State statute,
Councilor V oisinlLemhouse mls to direct staff to identify areas giving the Jndge discretion and provide
a description of criteria in order to waive fees. Roll Call Vote: Councilor Silbiger, Jackson and
Lemhouse, YES; Councilor Voisin and Navickas, NO. Motion passed 3-2.
PUBLIC FORUM
Michael Dawkinsl646 E Main Street/Spoke regarding deer issues and noted in two years Ashland will vote
on an Ashland Deer Management Plan and Commission. In the past, there were no problems because deer
were considered food and could be shot if they were on private property, He felt deer had been sentimentalized
by the community and there were two perspectives, one seeing deer as food and the other dealing with them as
if they were not.
UNFINISHED BUSINESS - None
ASHLAND CITY COUNCIL MEETING
August 3,2010
Page 4 of8
NEW AND MISCELLANEOUS BUSINESS - None
ORDINANCES. RESOLUTIONS AND CONTRACTS
1. Will Council approve Second Reading of an ordinance amending Chapter 1.08 to add provisions
concerning the classification of offenses?
City Attomey Richard Appicello read the ordinance title aloud,
Councilor VoisinlLemhouse mJs to approve Ordinance #3022. DISCUSSION: Councilor Navickas
would not support the ordinance because it removed the Judge's discretion by not allowing her to raise a fine,
only lower it. He described cases of ordinances routinely violated by individuals who were comfortable paying
the penalty amount established and having authority to raise their fine would actually be a deterrent. The
Judge should have discretion to raise fines. Roll Call Vote: Councilor Silbiger, Voisin, Lemhouse and
Jackson, YES; Councilor Navickas, NO. Motion passed 4-1.
2. Will Council approve Second Reading of an Ordinance amending Chapter 4 to add provisions
concerning the classification of offenses?
City Attomey Richard Appicello read the ordinance title aloud,
Conncilor Lemhonse/Jackson mJs to approve Ordinance #3023. Roll Call Vote: Conncilor Voisin,
Lemhouse, Silbiger, Jackson and Navickas, YES. Motion passed.
3. Will Council approve Second Reading of an ordinance amending Chapter 6 to add provisions
concerning the classification of offenses?
City Attomey Richard Appicello read the ordinance title aloud,
Councilor JacksonIVoisin mJs to approve Ordinance #3024. Roll Call Vote: Councilor Jackson,
Lemhouse, Navickas, Voisin and Silbiger, YES. Motion passed.
4. Will Council approve Second Reading of an ordinance amending Chapter 9. to add provisions
concerning the classification of offenses?
City Attomey Richard Appicello read the ordinance title aloud and noted changes to Section 2, 9.08.020
Dangerous Animals last sentence was changed to read: "Dangerous animals is a Class I violation." In
Section 6, 9.16.020 Vicious Dogs - Control Reqnired last sentence was changed to read: "Vicious Dogs-
Control Required is a Class I violation."
Councilor JacksonlLemhouse mJs to approve Ordinance #3025. Roll Call Vote: Councilor Voisin,
Jackson, Silbiger, Navickas and Lemhouse, YES. Motion passed.
5. Will Council approve Second Reading of an ordinance amending Chapter 10 to add provisions
concerning the classification of offenses?
City Attomey Richard Appicello read the ordinance title aloud and noted changes to Section 16, 10.68.330
Camping Prohibited last sentence was changed to read: "Prohibited Camping is a Class IV violation."
In Section 8, 10.46.020 Camping Prohibited last sentence was changed to read: "Camping prohibited is a
Class IV violation."
Councilor Lemhouse/Jackson mJs to approve Ordinance #3026. Roll Call Vote: Councilor Lemhouse,
Silbiger, Jackson, Voisin and Navickas, YES. Motion passed.
6. Will Council approve Second Reading of an ordinance amending Chapter 11 to add provisions
ASHLAND CITY COUNCIL MEETING
August 3,2010
Page 50f8
concerning the classification of offenses?
City Attomey Richard Appicello read the ordinance title aloud.
Councilor JacksonlLemhouse m1s to approve Ordinauce #3027. Roll Call Vote: Councilor Navickas,
Voisin, Lemhouse, Jackson and Silbiger, YES. Motion passed.
7. Will Couucil approve Second Reading of an ordinance amending Chapter 13 to add provisions
coucerniug the classification of offenses?
City Attomey Richard Appicello read the ordinance title aloud.
Councilor SilbigerN oisiu m1s to approve Ordinance #3028. Roll Call Vote: Councilor Silbiger, Voisin,
Jackson, Navickas and Lemhouse, YES. Motion passed.
8. Will Council approve Second Reading of an ordinance amending Chapter 14 to add provisions
concerning the classification of offenses?
City Attomey Richard Appicello read the ordinance title aloud.
Councilor Navickas/Lemhouse m1s to approve Ordinance #3029. Roll Call Vote: Councilor Lemhouse,
Silbiger, Voisin, Jackson and Navickas, YES. Motion passed.
9. Will Council approve First Reading of an ordinance titled, "An Ordinance Creating Chapter 11.34
Relating to Storage of Personal and Recreational Vehicles and Amending AMC 11.24.020" and
move the ordinance on to Second Reading?
City Attorney Richard Appicello reJld the ordinance title aloud and noted the following changes: "oversized
vehicle" replaced "recreational vehicle," a cross reference was updated; Class B violation changed to Class II
violation and language was added that addressed using personal vehicles for storage. Changing truck routes
would involve a Public Hearing,
Councilor Lemhouse/Jackson m1s to approve first reading of the ordinance and place on agenda for
second reading for August 17, 2010. Roll Call Vote: Councilor Silbiger, Voisin, Navickas, Jackson and
Lemhouse, YES. Motion passed.
Staff clarified the truck route language struck from the ordinance was outdated and not enforceable because the
law it referred to was repealed in 1980's. It was suggested the Transportation Commission review the truck
route data and provide input.
Councilor V oisinlLemhouse m1s to ask Transportation Commission to review truck route for the City.
Voice Vote: all AYES. Motion passed.
OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
1. Does Council wish staff to develop a formal legal opinion about whether the City Council can
regulate the use of pesticides in parks?
Councilor Voisin requested clarification regarding the relationship between the Parks Commission and
Council. She wanted the City Attomey to provide written information whether Council had authority to ban
pesticide that excluded individual citizens and if the Parks Commission would be responsible for upholding
that decision,
Councilor V oisinlNavickas m1s to instruct staff to write a brief statement about the authority between
the Parks Commission and City Council regarding pesticides. DISCUSSION: Councilor Jackson
explained during goal setting Council chose not to take on the pesticide issue, commented on the separation of
ASHLAND CITY COUNCIL MEETING
August 3,20[0
Page 60f8
respective elective bodies and was not in favor of the motion at this time, Councilor Navickas did not think a
legal opinion was necessary Council clearly had authority over pesticides, Councilor Silbiger reiterated the
City Charter stated that the Parks Commission had control and management over Parks, unless the Council
decided to impose, there was no need for legal advice. Councilor Lemhouse noted Council had just spent two
hours discussing separation of power between the Court and the City and to reverse that for the Parks
Commission was inconsistent. The Parks Commission had the right to make the decision they made and it
was not up to Council to approve or ratify unless there was a change to the code. Councilor Voisin responded
that goals set by Council were based on urgency and the basic Council Value of citizens' well-being. The
Environmental Protection Agency (EP A) recently published information on the serious health risks linked to
pesticides and she wanted to know where the authority regarding use of pesticides was between the City and
the Parks Commission. Councilor Navickas thought there were actions the City could take without
overstepping the Parks Commission by addressing the Public Works Departments use of pesticide, Roll Call
Vote: Councilor Silbiger, Jackson, Navickas aud Lemhouse, NO; Councilor Voisin, YES. Motion failed
4-1.
ORDINANCES. RESOLUTIONS AND CONTRACTS-continued
10. Will Council approve the first reading of ordinances adopting Chapter 18.53 Croman Mill and
related ordinance, Ashland Comprehensive Plan, and Comprehensive Plan and Zoning Map
amendments?
Abstentions. Conflicts. EXDarte Contact
Councilor Silbiger declared a conflict of interest and requested Council to recuse him from the discussion,
Councilor JacksonlLemhouse m1s to recuse Councilor Silbiger due to conflict of interest. Voice Vote: all
A YES. Motion passed. .
Councilor Silbiger left the meeting at 9:38 p.m.
The remaining Council and Mayor had no other conflicts of interest or Exparte contacts to declare,
Councilor Jackson explained staff's proposal to Chapter 18.53.040 Use Regulations (B) Special Permitted
Uses that would allow 15% of the gross floor area ofthe building for collective special permitted uses such as
ancillary purposes.
Councilor JacksonlLemhouse m1s to direct staff to modify Chapter 18.53.040 Use Regulations (B)
Special Permitted Uses with staff's suggestion of 15% for Special Permitted Uses. DISCUSSION:
Councilor Navickas commented the Planning Commission went through significant deliberation regarding
Special Permitted Uses and decided to limit them. He agreed with the Planning Commissions decision but
would compromise and support the motion. Roll Call Vote: Councilor Voisin, Jackson, Lemhouse and
Navickas, YES. Motion passed.
Councilor Jackson noted the Dimensional Standards Table for Height in Chapter 18.53.050 Dimensional
Regulations and wanted to remove the height bonus incentive. Using LEED Standards was a disincentive for
an area targeted for high-density employment. Applicants having to demonstrate job density by making an
additional investment of a more complex regulatory program would be a deterrent for builders. There were
altemative ways of meeting energy and water efficiency not yet explored.
Councilor Jackson/Lemhouse m1s to delete the Height Bonus Incentive from the Site Design Standards
and Chapter 18.53.050 related to LEED. DISCUSSION: Councilor Navickas explained one of the
. controversial issues regarding the Croman Mill project was the City not mandating enough green requirements.
ASHLAND CITY COUNCIL MEETING
August 3.2010
Page 70f8
The height limit was also controversial. He did not think it was a disincentive and would not support the
motion, Councilor Jackson thought meeting LEED Standards would be easy but it would not achieve higher
water and energy efficiency. Applying the incentive to a part of town the City wanted to see developed was a
disincentive. Councilor Lemhouse commented being energy and water efficient was financially sound and
most businesses would build that way without an incentive. He stressed the need to create an environment that
provided employment and economic development and did not want to stunt that effort with green standards,
Councilor Navickas responded removing the incentive for five-story building was a deal breaker. Mayor
Stromberg was not enthusi~stic about LEED Standards but supported them as an incentive and added there had
been erosion on requirements regarding the project from the start.
Roll Call Vote: Councilor Voisin and Navickas, NO; Councilor Jackson and Lemhouse, YES. Mayor
Stromberg broke the tie with a NO vote. Motion failed 2-3.
City Attomey Richard Appicello read the ordinance title aloud, Staff clarified changes were reflected in the
Council Communication and would be read at Second Reading,
Councilor Jackson/Navickas m1s to approve First Reading of Chapter 18.53 as amended by Council
discussion and move to Second Reading at the next meeting. DISCUSSION: Councilor Voisin would not
support the motion because the City had the Downtown Plan and the Rail Road District Plan that were more
important for building diversity in the economy, There had not been a formal commitment from Plexis
Healthcare Systems who was the lead driver in the Croman Mill Site plan, The project competed with
downtown, the Rail Road District and other centers and did not address housing,
Councilor Navickas acknowledged the project was controversial and the effort put forward to balance the plan.
He agreed with Councilor Voisin regarding the Rail Road District and the downtown area but the Croman Mill
property was within city limits and currently had development pressures, The plan was a good decision and a
step towards providing jobs that would affect the community for the better in the long term. Councilor
Lemhouse noted the compromise that had gone into the project and although it was not perfect, thought not
acting was irresponsible. It was the duty of Council to create an economic environment where community will
flourish, Councilor Jackson commented the plan was not ideal and competed with the downtown area because
the City was applying commercial design standards to a remote part oftown, However, doing nothing was not
good decision-making, A huge amount of effort and input went into the plan's development, it was a start and
housing would follow.
Councilor Voisin responded she was being responsible in her vote by pointing out there were two other plans
the City should be implementing. Instead, the City was moving forward on a project that will take 10-15 years
to develop, This would not solve the problem the recession had. created and Council should exercise a
different focus, Roll Call Vote: Councilor Voisin, NO; Councilor Jackson, Lemhouse and Navickas,
YES. Motion passed 3-1.
City Attorney Richard Appicello read the ordinance title aloud,
Councilor Jackson/Lemhouse m1s to approve First Reading ofan Ordinance amending AMC 18.08.190,
18.08.341, 18.08.342, 18.08.343, 18.08,845, 18.12.020, 18.61.042, 18.68.020, 18.68.050, 18.72.030,
18.72.110; 18.72.120, 18.72.140, 18.72.180, 18.84.100, 18.88.070, 18.88.080, 18.92.020, 18.96.090,
18.104.020, 18.106.030, 18.108.017 of the Ashland Municipal Code and Land Use Ordinance for
consistency with new Chapter 18.53 Croman Mill and move to Second Reading at the next meeting.
DISCUSSION: Councilor Jackson clarified the ordinance brought consistency to the code to incorporate the
plan. Roll Call Vote: Councilor Voisin, NO; Councilor Jackson, Lemhouse and Navickas, YES. Motion
passed 3-1. r,
ASHLAND CITY COUNCIL MEETING
August 3,2010
Page 8 ai8
City Attorney Richard Appicello read the ordinance title aloud.
Councilor Jackson/Lemhouse mls to approve First Reading of an Ordinance amending the City of
Ashland Comprehensive Plan to change the land nse map designation of approximately 99 acres ofIand
within the City of Ashland Urban Growth Boundary from Industrial, Employment, Single-Family
Residential and Rural Residential (Jackson County) to the newly created Croman Mill Plan
Designation; amending the City of Ashland Zoning and Land Use Control Maps to rezone
approximately 78 acres ofland within the City Limits from M-l, E-l, and R-I-5 Districts to the newly
created Croman Mill Zone; and imposing five Croman Mill Overlay Districts on the Croman mill zoned
properties, including Compatible Industrial, CM-CI, Office Employment, CM-OE, Mixed Use, CM-
MU, Open Space, CM-OS, Neighborhood Commercial Center, CM-NC as amended by Council and
move to Second Reading at the next meeting.
Roll Call Vote: Councilor Voisin, NO; Councilor Jackson, Lemhouse and Navickas, YES. Motion
passed 3-1.
Councilor Jackson/Lemhouse mls to continue to Second Reading of Ordinance #1 amending the City of
Ashland Comprehensive Plan to add a new Croman Mill District designation to Chapter 2 Inter
Definitions to add the Croman Mill Plan designation of the adopted land use map legend and adopt a
Croman Mill Site redevelopment plan and economic opportunities analysis as support documents to the
City of Ashland Comprehensive Plan to the next meeting.
Voice Vote: all A YES. Motion passed.
Councilor JacksonlNavickas mls to continue Ordinance #3 amending 18.72.080 (C) Site Design
Standards to add a new site design and use standards for the Croman Mill District to the next
meeting for Second Reading. Voice Vote: all AYES, Motion passed.
Councilor NavickasILemhouse mls to continue Ordinance #6 amending AMC Chapter 15 to
create LEED Certified Building Priority to the next meeting for Second Reading. Voice Vote:
all A YES. Motion passed.
ADJOURNMENT
Meeting was adjoumed at 10:06 p.m.
Barbara Christensen, City Recorder
John Stromberg, Mayor
CITY OF
ASHLAND
ASHLAND PLANNING COMMISSION
REGULAR MEETING
MINUTES
July 13, 2010
CALL TO ORDER
Chair Pam Marsh called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street.
Commissioners Present:
Larry Blake
Michael Dawkins
Dave Dotterrer
Pam Marsh
Debbie Miller
Melanie Mindlin
Mike Morris
John Rinaldi, Jr.
Staff Present:
Bill Molnar, Community Development Director
Derek Severson, Associate Planner
Richard Appicello, City Attorney
April Lucas, Administrative Assistant
Absent Members:
None
Council Liaison:
Eric Navickas, absent
ANNOUNCEMENTS
Community Development Director Bill Molnar noted the City Council has passed first reading on three of the six Croman Mill
ordinances and are scheduled to take up the remaining three on August 3,2010.
Chair Pam Marsh announced the July Study Session has been cancelled.
CONSENT AGENDA
A, Approval of Minutes
1. June 8, 2010 Planning Commission Minutes
2. June 22, 2010 Special Meeting Minutes
Commissioners Dollerrer/Morris mls to approve the Consent Agenda, Voice Vote: All AYES, Motion passed 8.0.
PUBLIC FORUM
Colin Swales/143 8th StlCommented on the preparation of Findings and cited a modified process ouWned by former
Community Development Director John McLaughlin. Mr. Swales cited the minutes from the February 10, 2004 Planning
Commission meeting where Mr. McLaughlin proposed a more standardized form for Findings that would reference the staff
report, the applicant's findings, the minutes, and attached conditions; and they would be adopted at the same meeting the
hearing is held. Mr. Swales stated Findings are very important documents and are precedent setting, and asked the
Commission to consider streamlining the process as suggested by the former Director.
Mr. Molnar stated he believes Mr. McLaughlin proposed this process because at the time they were dealing with a higher
number of planning actions. He stated many of the applications at that time were fairly simple and did not have any opposition,
and adopting the Findings by reference would have been sufficient. However the City has gone to a different format and
appeals to the Council are now "on the record". As a result, Mr. Molnar stated it is necessary for the Findings to be more
thorough and address any comments that came up during the hearing. City Attorney Richard Appicello concurred and added it
is important for the City and the applicant to make sure the Findings are adequate, and stated he would not recommend
rushing the adoption of Findings.
Ashland Planning Commission
July 13, 2010
Page 10'5
TYPE II PUBLIC HEARINGS
A. PLANNING ACTION: #2010.00582
SUBJECT PROPERTY: 1405 Tolman Creek ~d
APPLICANT: Malibar Group, LLC
DESCRIPTION: A request for a Boundary Line Adjustment and a Variance to allow a lot wider than it is deep for
the vacant property located at 1405 Tolman Creek Road, COMPREHENSIVE PLAN DESIGNATION: Single Family
Residential; ZONING: R-1-7,5; ASSESSOR'S MAP #: 391E 23 BA; TAX LOT: 308 and SOt
Commission Marsh read aloud the public hearing procedures for land use hearings.
Declaration of Ex Parte Contact
Commissioner Morris asked to be recused. He stated he has worked for the applicant in the past and has a potential conflict of
interest. Commissioner Morris left the meeting at 7:13 p.m.
Commissioners Rinaldi, Mindlin, Dawkins, Dotterrer, Miller and Marsh declared site visits. No ex parte contact was reported.
Staff Report
Associate Planner Derek Severson reviewed the location of the site and the existing conditions. He explained this application
involves a lot line adjustment for two lots; the larger lot is currently 2.32 acres and the smaller lot is ,89 acres. The proposal is
to reduce the size of the smaller lot to .33 acres and increase the size of the larger lot to 2.89 acres. Mr. Severson noted this
type of action is typically approved administratively; however in this case the movement of lot lines will result in a flag lot that is
wider than it is deep and therefore a variance is required. Mr. Severson explained that the applicant has demonstrated there is
significant development potential for this area. He noted the applicant is offering an irrevocable consent to dedicate a future
street which will service development on that properly in the future; and at that time, their lot will become compliant with the
width versus depth standard. Mr. Severson stated staff is supportive of this application and are recommending approval with
the conditions outlined in the staff report.
Staff was asked to clarify the width of the street. Mr. Severson explained the width of the flag drive is currently 37 ft, and a
minimum of 47 ft is needed for a new residential street. He explained the applicant has agreed to provide a half-street
improvement, which will consist of two travel lanes, a parkrow and a sidewalk on the south side; and if and when the
neighboring lot develops, that property owner would be asked to dedicate the remaining 10ft. Staff clarified the full street
improvement of the flag drive would oniy be needed if the other properly decides to build out their lot.
Commissioner Dawkins raised concern with dedicating a street when the applicant does not own the tax lots on the north and
south sides. Mr. Severson noted they have done this with other developments in Ashland where you ask for the improvement
to develop according to the zoning, and as properties develop the properly owners are asked to dedicate the necessary parts
of the street. He added they are getting most of the street with this proposal and it is only the street trees and parkrow that will
be needed in the future on the north side.
Applicant's Presentation
Roy Martin/Applicant and Mark Knox/Applicant's Representative addressed the Commission. Mr, Knox explained they
have two existing lots and all they are really doing is shrinking one of them. He noted the existing development potential and
stated where this gets complicated is when you consider how this area will eventually build out. Mr. Knox stated in the future,
tax lots 400 and 500 are likely to be portioned off and developed, which will force a street to go in. He explained if you look at
the City's Street Standards, it is clear that if these parcels are divided, they will be required to take access off this new lane.
He stated as part of this application, his client is agreeing to a % street improvement; and if the owner of tax lot 400 decides to
develop their lot, they will likely be asked to provide the last quarter which would consist of curbing, a planting strip and
sidewalk. Mr. Knox noted his client's irrevocable consent to dedicate this strip right now, and stated they have identified
reciprocal easements to allow the current properly owner to use this strip of land.
Mr. Martin noted that typically this type of action only requires a staff approval and it would not have come before the
Commission if not for the situation of the lot being wider than it is long. He stated all they are doing is taking one buildable site
and making it smaller.
Ashland Planning Commission
July 13. 2010
Page 2 of 5
Mr. Knox commented that they are designing these envelopes with the assumption that there is going to be a street there one
day. He also noted a neighborhood meeting was held and feels it went well.
Mr. Severson clarified this property is served by city utilities. Mr. Molnar commented on the setback requirements and how
future homes might be oriented. It was clarified there are design standards for single family home development that address
eaves and porches, but there is no requirement that states the front door must be oriented towards to the street.
Public Testimony
Maria Paul/2375 Green MeadowsNoiced her concern with the impact this lot formation will have on the existing home values
along Green Meadows Way. She stated all of the surrounding homes are modest, single story homes and is worried if they
start building two-story homes it will have a negative impact on the value of her home. Ms. Paul asked if the variance is
approved that it carry with it a mandatory restriction for only single story homes, She stated anything else would be
incompatible with the surrounding homes and their views and privacy would be compromised..
Colin Swales/143 8th StlStated this should not have come before the Commission as a variance and believes it could have
been handled administratively. Mr. Swales clarified what he would like to speak to is the interpretation made by the City's
former Assistant Attorney on the Hillview application about what constitutes a front, back, and rear yard. Mr. Swales stated he
believes some real errors were made in that interpretation and it impacts this application. He stated infill issues including
existing neighborhoods, privacy, and overlooking need to be sorted out; and while he supports approval of this application, he
would like the Commission to direct staff to address these infill issues. Mr. Swales asked that the record be left open so he
can enter into the record arguments as to why he believes that interpretation is wrong. He added he does not want to hold up
this application up, but feels these issues need to be addressed.
Commissioner Marsh asked for clarification as to whether Mr. Swales is asking to leave the record open. Mr. Swales stated he
does not want to delay this application, but feels this interpretation needs to be addressed and does not know what the correct
course of action is. Mr. Swales stated if the Commission will take up these infill issues on their own, he will withdraw his
request to leave the record open.
Michael Fagundes/2323 Green Meadows/Stated he lives in this neighborhood and has heard a lot of verbiage tonight that
makes him nervous. Mr. Fagundes noted that the applicant does not control this whole piece of land and they don't know what
will happen on the other lot in the future. He commented on privacy issues and expressed concern with neighbors looking in
on him, and added that a new subdivision will not fit in this area.
Rebuttal by the Applicant
Mark Knox/Stated they have attempted to address the neighbors concerns by providing excessive setbacks over what is
required, and noted that these lots will also be bigger than the neighboring lots. Mr. Knox stated it is difficult to say what is
compatible and what is not. He agreed that the Green Meadows development is predominately single story homes, but noted
that there are two-story houses to the north that are mixed in. Mr, Knox agreed with Mr. Swales and stated he supports the
Planning Commission taking another look at the interpretation made by the former Assistant City Attorney.
Advice from Lellal Counsel & Staff
Mr. Severson briefly reviewed the setback requirements and the additional buffer that is part of this application; he also
clarified there is no provision that would allow staff to prohibit a two-story house.
Staff was asked to comment on whether a future subdivision application would come before the Planning Commission. Mr.
Severson clarified yes, this type of action would be a Type II hearing before the Commission and at that time staff would be
looking at all the standards and issues raised earlier.
Commissioner Marsh closed the public hearing and the record at 8:10 p.m.
Deliberations & Decision
Commissioners Dotterrer/Blake motion to approye Planning Action #2010-00582 with the conditions proposed by
staff, DISCUSSION: Dawkins voiced his concern with the assumptions they are making about the future development of this
Ashland Planning Commission
July 13. 2010
Page 3 of 5
area and stated he will be voting no on this motion because he feels this is a roundabout way of approving a future
subdivision. Mindlin stated she does not believe the applicant has met the criteria for unique or unusual circumstances that are
not self imposed, and voiced concem with approving the applicant's concept for development without dealing with the issues.
Blake stated he is not in disagreement with anything that has been said, but noted that a subdivision application would have to
come back before them and the applicant is just acknowledging that there is future potential for this. He added he is a believer
in master planning and is supportive of infill, and also agrees with management access and having fewer driveways on
Tolman Creek Rd. Rinaldi commented that approving this application does not lock them into anything and stated they would
be able to look at a development application in more detail when it comes before them. Roll Call Vote: Commissioners
Dotterrer, Miller, Blake, Rinaldi and Marsh, YES, Commissioners Dawkins and Mindlin, NO. Motion passed 5.2,
Commissioner Morris rejoined the hearing at 8:25 p.m,
OTHER BUSINESS
A, Discussion of changes to the Planning Commission Rules of Conduct
Staff provided a brief review of the changes to the Planning Commission Rules and clarified these updates are necessary to
provide consistency with the Uniform Policies and Operating Procedures Ordinance passed by the City Council in February,
2010. Because of the provision in the Rules that requires proposed changes to be announced 14 days prior to the decision,
staff noted the Commission will not vote on these changes until their August 10, 2010 meeting.
Commissioner Dotterrer noted change to the number of votes needed to make amendments to the City's Comprehensive
Plan. Commissioner Marsh commented that the new Rules change the selection of the Chair and Vice Chair to their first
meeting in January, and asked that they discuss at their next meeting how they would like to handle the current Chair's and
Vice Chair's terms until they are selected again in January 2011.
B, Planning Commission Liaison to the TSP Technical Advisory Committee
Mr. Molnar asked for a volunteer to serve on the Technical Advisory Committee being formed for the City's Transportation
System Plan update.
Commissioner Dawkins noted his interest in serving on this group. General consensus was reached to select Michael Dawkins
as the Planning Commission representative for the TSP T AC.
C. Approval of Findings for PA.2009.01244, 1644 Ashland Street.
Commissioners Dawkins and Mindlin left the hearing at 8:37 p.m.
Declaration of Ex Parte Contact
Commissioner Miller stated she spOke with a citizen but did not receive any new information. No ex parte contact was reported
by any of the commissioners.
City Attomey Richard Appicello clarified there is no opportunity for the public to rebut Commissioner Miller's disclosure since
no new information was obtained, He added the record is now closed and there is no opportunity for the public to comment on
the Findings, and it is too late to issue a challenge or give additional information to the Commission.
Deliberations & Decision
Mr. Appicello briefly reviewed the Findings with the Commission and noted the key issues came down to collocation and
economic impacts.
Commissioner Dotterrer asked if the following language contained in the first paragraph on page 14 is necessary: 'The City
Council as the legislative body could have written the above referenced design standards to reflect a more rigorous collocation
requirement such as the following: ..." Mr. Appicello stated he included this language because many of the opponents that
were commenting were characterizing the collocation standard as a mandatory standard that has to be met.
Ash/and Planning Commission
July 13. 2010
Page 4 of 5
Commissioner Rinaldi noted the language on page 11 regarding landscape buffering and recommended the following change:
"The design, c%r and material of the structure and the eotalJ!fshed laRdssilpiRg aloRil the W9fJerly liRe Ie the selith effectively
mitigate any visual impacts of the proposal. " He clarified the adjacent property's landscaping was not a reason for their
decision and asked that this be removed. General support was voiced for this amendment.
Commissioners Rinaldi/Morris m/s to approve the Findings for Planning Action #2009.01244 with the revision to page
11 as discussed, Roll Call Vote: Commissioners Morris, Rinaldi, Miller, Blake, Marsh and Dotterrer, YES, Motion
passed 6-0,
ADJOURNMENT
Meeting adjourned at 9:12 p.m.
Respectfully submitted,
April Lucas, Administrative Assistant
Ashland Planning Commission
July 13. 2010
Page 5 of 5
Council Communication
CITY OF
ASHLAND
Meeting Date:
Department:
Secondary Dept.:.
Approval:
Annual Renewal of Liquor Licenses
August 17,2010 Primary Staff Contact:
City Recorder E-Mail:
None Secondary Contact:
Martha Benne Estimated Time:
Barbara Christensen
christeb(cV,ash land ,or, us
None
Consent
Question:
Does the Council wish to approve annual renewals on liquor licenses as requested by Oregon State
Liquor Commission?
Staff Recommendation:
Endorse the renewal applications with the following recommendation:
"The city has determined that the location of this business complies with the city's land use
requirements and that the applicant has a business license and has registered as a restaurant, if
applicable, The city council recommends that the OLCC now proceed in the matter. "
Background:
There are approximately 100 applications that will need to be renewed between September and
October 2010, Each application will have been reviewed to prove that they meet the city ordinance
requirements for business licenses, registered as a restaurant, and fi.Jed for city's food and beverage tax,
if applicable,
The following is a list of businesses that will be renewing their liquor licenses:
7-11 Store Agave
Allyson's Alex's Plaza Rest.
Apple Cellar Ashland Arco
Ashland Grilla Bites Ashland Springs Hotel
Ashland Texaco' Ashland Wine Cellar
Beau Club Bi-Mart
Boulevard Coffee Brother's Rest.
Caldera Tap House Chat!laulin
Chozu Bath and Tea Chun's Palace
Cucina Biazzi Cascade Peak Spirits
Double Deuce Dragonfly
Golden Dynasty Greenleaf Rest.
House of Thai Hana Sushi
La Casa Del Pueblo Lela's Bakers
Loft American Brasserie & Bar
Market of Choice Martino's
McCall House Miguel's Mexican
Minute Market #5 Minute Market #6
Motif Munchies
Page I of2
Albertson's Food Store
Amuse Rest.
Ashland Food Coop
Ashland Hills Shell
8easy's on the Creek
Bonsai Teriyaki
Black Sheep
Chevron Food Mart
Creekside Pizza
Deliver De Cuisine
Elks Lodge
Great American Pizza
Kobe's Rest.
Liquid Assets Wine Bar
Louie's Bar & Grill
Martolli's Pizza
Mihama Teriyaki,
Morning Glory
NW Pizza
~~,
Noble Coffee House O'Ryans Irish Pub
Oak Tree NW Omar's
OSF Paddy Brannan's Irish Pub
Panda Garden Pangea
Peerless Rest. Plaza Inn & Suites
Rite Aid Safeway
Sesame Asian Shop N Kart
Standing Stone Stop N Shop Market
Tabu Taj Indian Cuisine
Three Rivers Cuisine Vic's Mongolian
Wild Goose Cafe Wiley's World Pasta
CITY OF
ASHLAND
Oak Knoll Golf
Oregon Cabaret
Palace Cafe
Pasta Piatti
Red Hibiscus
Senor Sams
SOU
T's
Thai Pepper
Water Street Cafe
Winchester Inn
Related City Policies:
In May 1999, the council decided it would make the above recommendations on all liquor license
applications,
Council Options:
Approve or disapprove annual Liquor License renewal.
Potential Motions:
Approve or disapprove annual Liquor License renewal.
Attachments:
None
f
Page2of2
r.l'
CITY OF
ASHLAND
Council Communication
Ambulance Donation to Warner Valley First Responders, Plush, Oregon
Meeting Date: August 17,2010 Primary Staff Contact: John Kams
Department: Fire Department E-Mail: karnsj@ashland.or.us
Secondary Dept.: Administration Secondary Contact: John Karns
Approval: Martha Benne Estimated Time: Consent
Question:
Will the Council approve the donation of a surplus ambulance to the Warner Valley First Responders
in Plush, Oregon?
Staff Recommendation:
Staff recommends donation of a surplus ambulance to the Wamer Valley First Responders, a
subsidiary of Lakeview Disaster Unit, Plush, Oregon,
Background:
The town of Plush, Oregon, population 40, recently sent a request to area EMS providers seeking
donations to assist in establishing an EMS service in their area, This effort began after a resident ofthe
Plush area and mother of three died following a car accident. The area currently isn't served by an
EMS provider. Residents ofthe Plush area have sought and received emergency medical training and
acquired approval for their Wamer Valley First Responders, What they now need is the equipment
necessary to provide pre-hospital medical care, Members of the Oregon State Ambulance Association
(OSAA) have responded with donations of supplies and equipment to help the effort, Ashland Fire
and Rescue will be purchasing an ambulance this fiscal year to replace a 1992 unit. This surplus
vehicle would meet the needs of the residents of the Plush area and provide the means to transport
emergency medical patients to the proper facility to receive care,
Related City Policies:
. Section 254,010 of the AMC Disposal of Surplus and Abandoned Property:
The City of Ashland Finance Department may transfer, trade, auction or sell surplus or
abandoned property to other city departments, political subdivisions, state agencies, or non-
profit organizations, However, the disposal of surplus property having residual value of more
than $10,000 shall be subject to authorization by the Local Contract Review Board,
Fiscal Impact:
There is no significant fiscal impact on the City, The estimated market value of the vehicle is under
$3000,
Council Options:
Council can:
. Approve the proposal
. Rej ect the proposal
Page I of2
~.l'
.,
Potential Motions:
. I move that the City
Attachments:
Exhibit A: Photo of the 1992 Ford E-350 Ambulance
Page 20f2
CITY OF
ASHLAND
r.t. ,
EXHIBIT A
1992 FORD AMBULANCE
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Appointment to Historic Commission
August 17,2010 Primary Staff Contact:
City Recorder E-Mail:
Mayor's Office Secondary Contact:
Martha Benn Estimated Time:
Barbara Christensen
christeb@ashland,or.us
Mayor Stromberg
Consent
Question:
Does the City Council wish to confirm the Mayor's appointment of Kerry Kencaim to the Historic
Commission with a term to expire April 30, 2013?
Staff Recommendation:
None
Background:
This is confirmation by the City Council on the Mayor's appointment to the Tree Commission on
application received,
Related City Policies:
Ashland Municipal Code (AMC) Chapter 2,17,020
Council Options: ^
Approve or disapprove Mayor appointment of Kerry Kencaim to the Historic Commission,
Potential Motions:
Motion to approve appointment of Kerry Kencaim to the Historic Commission with a term to expire
April 30, 2013,
Attachments:
Application received
Page I of]
r.l1
[(5/1312010)::.B..arbara Christensen - historicmemo.doc
Page 1 (
"
May 13, 2010
Barbara Christiansen
Ashland City Recorder
Dear Ms Christiansen, I recently requested re-appointment to the City of Ashland Tree
Commission, an appointment which I took originally because the historic commission seat I
was interested in was not actually available. I see that the Historic Commission seat is now
empty, and would like to re-apply for that seat and remove myself from the tree commission.
Though I am a Landscape Architect, my work is much more focused on site planning and
urban issues than it is. on trees. I think the historic commission would get much more benefit
from my experience and expertise that the tree commission does.
Kerry KenCairn
KenCairn Landscape Architecture
06/07/2009 SUN 09:29 FAX
IilJ 0011001
.' m ~~~~W~1ID
1m JUN - 8~009 lID
CITY OF
BY: _____On . ...-.... AS H LAN D
APPLICATION FOR POINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the foUowing questions and submit to the City Recorder at.
City Hall. 20 E Main Street, or email chrislCb@osh]and.or.us. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheelll if
uecessary.
Name~1.( V,:;;~(re.tJ
Requestingtoserveon:~"" 'I'~ & {eeE (Commission/Committee)
Address !:9-f~ Jb ~~\
'Occupation .~ ~o/' (\ (t;:
^f?r-ttL~
1. Educatiou 8ackl!l'Ouud
What schools have you attended?
What degrees do you hold?
Phone: Home~~ w Lf 63' ~e"f\~~)
Work -at."il.( ( ~
Email..ce.~ Qu-__ rn.: no. 6f'C,
Fax ~5f. -1St Z . c.a""
-pI '-~15 ~ 1I'r-e-("lo.utR') ~(.)j(A.e
......
h
What additional training or educlltion have you had that would apply to this position?
U\T~ 01::- V"'UWJNI,..;l({ 1M P-6."'t~ I'TNO (U:AJavA-7/~~
ap. f<4.t+flly H/STOf2.(C- tfOME: liiKr~al2...$.
2. Related E:roerlence
What prior work experience have you had that would help you lfyou were appointed to
this position?
:r ,.a:; \IF. lI3E'" ( f,J c" I Mil CJL...l / Pr'") 1 N '"'7J-{R'
1!:t811L.A-N 0 I"t./ifVI\Ir IV C, ~ CBii'SJ I, H/5l.F5
Ne!r ~ Cf)fJ1Jf!l::rGl:) m Jt({/ C-a1<fUCJIV I7Y
Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars? Why? ~ Bej A-t-'J.e.& lA ~ ~
Nor N ---.. (3GO
Lf1~Gt( M'( Q"fSlcse.
'A'
06/07/2009 SUN 09:30 FAX
KERRY KENCAIRN
EXDerience:
2007 -
2003-2007
1996-2003
1996-1997
Ken Cairn
Landscape Architecture
Tel: 541.488.3194 . 545 A Street
. Fax: 541,552,9512 Ashland, OR 97520
Cell: 541.601.5559 kerry@kencalmlandscape,com
landscape Architect
kenCairn landscape Architecture - Principal
landscape Architecture, Environmental and Site Development Planning
KenCairn Sager Landscape Architects Inc. - Principal
Landscape Architecture, Environmental and Site Development Planning
KenCairn Environmental Design
landscape Architecture, Site Design and Environmental Planning
Oregon Water Trust
Rogue Valley Project Manager-Conservation of Water Rights, alternative
irrig~tion systems
Education:
MIA Landscape Architecture, 1995, University of Oregon
BLA landscape Architecture, 1993, University of Oregon
B,S, Geography, 1988, Southern Oregon University
B,S. Fine Arts, 1988, Southern Oregon University
Research:
Alternative Stormwater Management ill Development
Restoration and Reclamation of Wetlands and Streams
Environmentally Responsible Design -lEED for Landscape Architects
Professional Orl!llnlzations and Affiliations;
American Society of Landscape Architects
Ashland Rotary
Medford Chamber of COmmerce
Ashland Chamber of Commerce
Board of Directors - Ashland Community Land Trust
Board of Directors - Rogue Gallery and Community Center
Past Member (7 years) Ashland Planning Commission
Credentials. Certification:
1999 - Present Registered landscape Architect Oregon #439
2001 - Present Registered Landscape Architect California #4614
WBE and ESB Certified
Green Roofs for Healthy Cities
1aJ001l00l
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Recommendation from the Public Art Commission
Reflections of Ashland: Utility Box Beautification Project
August 17,2010 Primary Staff Contact: Ann Seltzer
Administration E-Mail: seltzera(aJ.ashland.or.us
Electric Secondary Contact: Scott Johnson
Martha Bennett Estimated Time: Consent
Question:
Does the Council approve the recommendation of the Public Art Commission (PAC) to implement
another round of Reflections of Ash/and: Utility Box Beautification Project?
Staff Recommendation:
Staff recommends Council approve the project.
Background:
A citizen selection panel selected designs for three utility boxes, One box is located on Calle
Guanjuato, one on Helman sponsored by New Horizons Woodworks and the third box sponsored by
DreamSacks is located at the comer of Helman and Hersey Streets
In July of2009 seven utility boxes ~ere painted as part of the Utility Box Beautification Project
initiated by the Public Art Commission and funded with a grant from the Jackson County Cultural
Trust. Since that time, the PAC has received a number of inquiries from businesses and neighborhoods
requesting nearby utility boxes be painted, The cost of each box is approximately $500,
The suggestion to paint utility boxes was raised by citizens during the Public Art Master Plan public
involvement period in early 2007 and the PAC spent several months identifying and researching other
communities that had launched a similar project.
Reflections of Ashland: Utility Box Beautification Project celebrates community pride and involves the
painting of designated utility boxes, The PAC envisions this as an ongoing project happening to
eventually include selected utility boxes throughout Ashland,
This project meets the objectives in the'Public Art Master Plan by elevating citizen and visitor
awareness of public art in Ashland and incorporating artistic elements into basic functional pieces
throughout the city, In addition, the project meets the Selection Guidelines for Works of Public Art
and Site Selection as detailed in AMC 2,17,
Pending Council approval of the selected designs, the boxes will be painted in late August or early
September.
Related City Policies:
AMC 2,17
Page I of2
~~,
CITY OF
ASHLAND
Council Options:
Approve the recommendation ofthe Public Art Commission,
Do not approve the recommendation and provide feedback to the Public Art Commission,
Potential Motions:
1 move to approve the recommendation of the Public Art Commission to implement Reflections of
Ashland: Utility Box Beautification Project? .
I move to deny the recommendation of the Public Art Commission and
Attachments:
1, Photos of utility boxes identified for the project and designs chosen by the selection panel.
.
Page 20f2
r~'
CITY OF
ASHLAND
Comer of Helman and Herse)l Streets Utilit Box
"1 have based my design on two murals I painted for the Ashland Community Hospital in 200 I which
have since been painted over. Many people have mentioned to me that they are sad to see these gone,
so perhaps the utility box is a good way to bring them back.
One side would reflect the image of Mt. Ashland to the southwest and the other side would reflect
Grizzly Peak to the northeast. Both images are in the springtime, a particularly beautiful time in
Ashland, when the snow lingers on Mt. Ashland and the purple vetch is blooming on Grizzly,"
Sarah Cribb
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Page lof3
CITY OF
ASHLAND
....,colors depict the half light of evening cool background colors set ofT vibrant foreground colors..,
William Kreavy
.
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Page 2 of3
CITY OF
ASHLAND
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Page3of3
CITY OF
ASHLAND
Council Communication
Acceptance of a Proposal for the Beneficial use of the Imperatrice Ranch Property
Meeting Date: August 17, 2010 Primary Staff Contact: James Olson
Department: Public Works E-Mail: olsoni{alashland.or.us
Secondary Dept.: Administration Secondary Contact: Michael Faught
Approval: Martha Benne Estimated Time: 15 minutes
Question:
Will Council authorize staff to negotiate a contract with Standing Stone Brewing Co. for beneficial use
of the Imperatrice Ranch property?
Staff Recommendation:
Staffrecommends acceptance of the proposal submitted by Standing Stone Brewing Company and the
negotiation of a lease for the use of the property,
Background:
,
In response to a request for proposals (RFP) which was published on May 28, 20 I 0, two proposals for
the use of the Imperatrice Ranch property were received on June 29, 2010. Standing Stone Brewing
Company and Natural Light both submitted complete proposals which met the form and content
requirements stated in the RFP, Ron Anderson, who currently leases the property did not submit a
proposal, but expressed a desire to continue to use the property as he has since 1998,
The two proposals were reviewed in accordance with the criteria outlined in the RFP document by a
review team consisting of James Olson, Morgan Wayman (City staff members), and Greg Jones of
Cascade Environmental Geographics, All three reviewers scored the Standing Stone proposal as the
highest ranked proposal with a total score of 205 points, Natural Light received a score of 200 points,
Related City Policies:
Following the Council's approval, on March 2, 2010, an RFP for the beneficial use of the Imperatrice
Ranch property was advertised locally in the Ashland Daily Tidings and the Medford Mail Tribune and
statewide in the Daily Journal of Commerce, The advertisement and RFP were also posted on the
City's website. A letter was sent to Ron Anderson, who is currently leasing the property on May 5,
2010, advising him of the Council's actions regarding the property and the need to compete through
the RFP process for the continued use ofthe property, Mr. Anderson did not submit a proposal, but
advised staff by phone that he would appreciate the opportunity to continue to use the property as he
has for the past 12 years,
As with all City proposals, the review was conducted by a review team acting independently to review
and score the proposals, Each proposal was evaluated and scored on 6 criteria Including:
. Sustainability
. Public Benefit
. Business Plan
. Environmental Stewardship
Maximum Score
Maximum Score
Maximum Score
Maximum Score
20 Points
15 Points
10 Points
25 Points
Page I of2
~~,
CITY OF
ASHLAND
. Wastewater Effluent Use Maximum Score
. Adherence to Jackson County
Land Use Development Ordinance Maximum Score
10 Points
10 Points
Once the individual reviews were completed, the scores were totaled to determine the highest ranked
proposal. The proposal submitted by Standing Stone received the highest score of 205 points with
Natural Light receiving just 5 points less.
Copies of the two proposals are attached.
Business Plan
The proposal contained a provision to submit a business plan outlining the financial details of the
proposed development and each proposer submitted this plan. The financial plan, however, is a
confidential document and not subject to public disclosure laws. The business plan will not be
included with the electronic transmittal, but will be distributed to the Council under separate cover.
These materials were submitted in confidence and will be discussed in an Executive Session prior to
the regular meeting.
Lease Terms
The RFP stated that the selected proposer could expect to receive a lease agreement for a term of two
years with a possible extension depending upon the City's needs. The time frame is dependent upon
the outcome of the wastewater master plan and the potential need to use the property for part of the
effluent temperature control solution. The lease agreement will be crafted by the City's legal staff to
meet, as closely as possible, the requirements of the City and the needs of Standing Stone.
Council Options:
. Council may accept the proposal submitted by Standing Stone Brewing Co. and authorize staff
to prepare a lease agreement
. Council may reject all proposals received for cause
Potential Motions:
. Move to accept the proposal submitted by Standing Stone Brewing Co. and authorize staff to
prepare a lease agreement
. Move to accept the proposal submitted by Standing Stone Brewing Co. and incorporate specific
terms and conditions into the lease agreement
. Move to reject all proposals received
Attachments:
. RFP
. Standing Stone Brewing Co. proposal (less business plan)
. Natural Light proposal (less business plan)
. Review team comments
Pagezorz
r.l'
C .''I'V QF
ASHLAND
PUBLIC WQRKS.lENGINEeRINGPIVI$IQN:
REQUeST FOR PROi=>>()SAlS
Bel1efic_ial U$~ ,of the
"Imperatrice R.l\ch" Property
,PROJECT NO: 2009-.1.2
tYPE OF PROPOSAL: PROPOSAI:.SFORtHEBENEFICIAL USE QFAPQRIIQN
OF IHE;"IMPERATRICERANCH" PROPERTY
DISTRIBUTION DATE: M.ay2ll. 201(l
BID OPENIN'G.OATE:2:00 Pl\f;JUiie 2~,2010
CITY OF ASHLAND
20,E. MAIN STREET
ASHLAND OR 91520
(541) 488"5347
l'.l1
, CITY()FA~HLAND'
PUBLlCWORKS DlYISION
IDJQlIJj]~'N'()R e~~PQSAL$
FOR THEBENEFICIALUSEOF THE APPROXIMATELY265 ACRE "IM;PJj)RATIUCE
RAN. '.C.ii~'PROPERTYOW.'. !SED BY'TIIE CITY OF ASHLAND
. . . . . . .. . .. . .
The City of Ashlahd'icity) is:seekihgpropos,{ls fcifthe'pdvate'aridJOripublicuse of approx.imately
2(;?'~cres (lnhe I!I1pe~r~ibc~ ~l!nc,hprpperty I()c"!~cll]()rth .of Il]ters!at~5. C~rrently, ihis'City-9wned
'property is being leased for catlle grazing, The Cily desiresto delermine the !I1.o~~ ~ne.f!pjal use f()r
iheportion ()fthisptoperty lying south ofthinalent Irrigatioil DistriCt Caniilaiid is invitirig. .
interested parties 10 sulimH p~(JP9.s!ilS. :rhe!>!:sius~ ofthe.pr()perties ~olll<l bedefined,as the use.tllat,
.moslclosely,{ddre'sses the followirigrequireriieiits:
I. Thecol)tractwilllJeJor aperiodoftwo (2) years; Wit.hl\ P9ssible eXtehsiondepeildirig upon
the City's need. ' , ,
2. The use sh9uld be benefiCiiilto Cit~;
3. '1heuse shoul,! .pr9mot€:'sllstajl111bl~. use '9.r'res(Jllrce~;
4. Theliseshould,riot:!'ireclude the use ofCif)i's Wastewatereffiueilfdischarge from its
wastewales trellt!l1e.,n,lf~~iJity
5. The useshould.take into considerationallenvironmental'aspeCts ofthe pro~rty including:
soilconseniation measures,ripanah,afea pre'serviitioii"andproposed pe'destriiih trail
. . ," ,-
connections.
6. The Lise.mListbe compiitlblewiflUaeksori:Courity'iiirid useof<fiiifirice's.
Proposals mlist:be'reccivcdby2:00 PM, Jimc29,2010,Cin theCity'ofAshlandEnginccring
office iOClited al51 Winburn Way, Ashtand OR97$i()(MliillngaddfcSs: ,20 E.Mliiii Street
AshllindOR.9'7520:Exprcss mailaddrcss: 51 Winburn' Way, AshlandOR97520. Formrth~r
ihformatiotlcontac! MorganWaym~n,Pf()ject Manager at/54 I 5.52c2414.Proposal,docLimeri!s.are
availableaUkabove address ~nd,onthe'CityofAshland ",e!>sit~'a! www.ashlimd.or.us. All
proposers who intend to submitaproppsaluriderthis RFi>, m'il's! re~isteras Ii prospective:proposer;
and will be required to complete and retuma "PROPOSAL REGISTRATION FORM"thaUncludes
~n cu~rentcontact infor";~tio~. The fo;'iri'sholiidbi;'co";plct~d andretur~~d to th~ City ~fAshland,
E.f1gine~ringQmc~ (FAXiI!; 54I48l1.Q(6). ~~gistraJion wiUensurethat pO.lential Proposers'will'be
included on the RFP holders list, and:wilHherefore receivcanyaddendums!halmight be:iss~lCd:.l:he
[!roposal Registration Form'is on PageJofthe RFP doclimerit..Tlie City will npt be re~porisible for
providing addendums to prospective'proposers that fililior~gi.s,t~t~~':.a,pr()~pe,c,ti:ve.pr()p()~er,:,AII
proPOSl\lsmL!stbe ih the same format as pr"seritcd'iil this RFP:. proposalS: are limited 106 pages:
Proposal selectionwili'be,miitle bylhe,Aihlarid City CouriciLandwillresult:inan agreement between
City andthes,lIcc.~ssf\l1 pr()posers.th~twilIClearIydefiilethecunditiof1s urthe property usage.
The'City of AshlaM reserVes the righlto teject any aild all proposals, to waiveJo'rrriaflties 61' to
acceptany proposal which:appearsio'serve the b~st'interest',oUhe.C,iiyofAshland;
~~,o Q~l\"i'~
Michael R. Fa'!ght' l
Public Works DirectOr'
G;\pub~wrks\en~\69.,.-li linp,enitr"ice:Ptoperty\09"12 ImperalriccRanch Properry:RF'IJ 5 IO.Me.
P~ge2 Of jiJ
CITY OF
ASHLAND
PROPOSAL REGISTRATION FORM
All consultants intending to submit proposals must immediately complete this fonn and fax it to .
the City of Ashland, Public Works Engineering Ollice.
Consultants failing to comply with this requirement will not receive addendums that might be
issued, thereby resulting in a points deduction as stated in section 1.2 of the RFP. .
FAX TO: (541) 488-6006
Proiect Number
Tvne of Pronosal
Firm Name
Full MaHin!! Address
Citv and State
Phone
Fax
Email
Contact Person Name and Title
Date
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Pal!e
Advertisement
ProDosal Rel!istration Form 3
SECTION I-SOLICITATION INFORMATION & REQUIREMENTS
1.1 DEFINITIONS AND SUMMARY OVERVIEW
1.1.I Definitions 6
1.1.2 Summarv Overview 7
General Background Information 7
Property Acquisition 7
General Property Description 8
1.1.3 TAX LOTDESCRlPTIONS 8-9
1.1.4 LEGAL ENCUMBRANCES 9-11
1.2 QUESTIONS AND CLARIFICATIONS II
1.2.1 I Proposer Questions 11
1.3 PROTESTS II
1.3.] I A ward Protest Requirements 12
IJ.2 I Costs and Damages 12
1.4 "PASS/FAIL" PROPOSAL SUBMISSION REQUIREMENTS 12
1.4.1 I Proposal Submission Deadline (Pass / Fail)- 12
1.5 "REQUIRED" PROPOSAL SUBMISSION ITEMS & SCORING DEDUCTIONS It
1.5.1 Page Length Requirement (Required) 12
1.5.2 Quantity of Proposals (Required) ]2
1.5.3 Acknowledgement of Addendum (Required) 12
SECTION 2 - CONDITIONS OF DEVELOPMENT 13
2.1 PROPERTY BOUNDARY DETERMINATION 13
2.2 MEANDER ROAD 13
2.3 TID CANAL 13
2.4 RIPARIAN PROTECTION ZONES 13
2.5 RECREATION USES 14
2.6 SOIL HAZARD AREAS ]4
2.7 COMPLIANCE WITH JACKSON CO LAND DEVELOPMENT ORDINANCE 14
2.8 PERIOD OF USE 14
2.9 LIM]TS OF USE --:- 14
SECTION 3 - EV ALVA TION PROCESS ]5
3.1 EV ALUA TION PROCESS 15
3.1.1 Proposal Evaluation 15
3.1.2 Interviews / Follow-up Questions 15
3.1.3 References 15
3.1.4 Claritications 15
SECTION 4 - SCORING CRITERIA 16
4.1 SUST AtNABlLITY 16
4.2 PUBLIC BENEFIT 16
4.3 BUSINESS PLAN 16
4.4 ENVIRONMENTAL STEWARDSHIP 16
TABLE OF CONTENTS
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4.5 I W ASTEW A TER EFFLUENT USE 16
4.6. I ADHERENCE TO JACKSON CO LAND DEVELOPMENT ORDINANCE 16
SECTION 5 - LEASE AGREEMENT 17
5.1 LEASE TERMS 17
5.2 INDEMNIFICATION I7
5.3 INSURANCE 17
5.4 RENTAL FEE 17
5.5 TID ANNUAL CHARGE 17
5.6 ODF FIRE PROTECTION FEES 17
5.7 PROPERTY TAXES 18
APPENDIX 19
Base Map
Zoning - Vegetation Overlay Map
Geology Map
Soils, Wetland and Springs Map
Soils Map
Site Photos
\
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CITY OF ASHLAND
DEPARTMENT OF PUBLIC WORKS
REQUEST FOR PROPOSAL
SECTION 1 SOLICITATION INFORMATION AND REQUIREMENTS
1.1 DEFINITIONS AND SUMMARY OVERVIEW
1.1.1 DEFINITIONS
For the purposes of this RFP:
"Agency" or "City" means City of Ashland.
"Business days" means calendar days, excluding Saturdays, Sundays and all City recognized
holidays.
"Calendar days" or "days" means any day appearing on the calendar. whether a weekday,
weekend day, national holiday, State' holiday or other day.
"Imperatrice Ranch" or "property" means 840 acres of land owned by City of Ashland and
comprised of the following tax lots: 38 IE 27 TL 100; 38 IE 28 TL 500, 600 and 700; and 38 IE
32 TL 100 and 200 and 38 IE 33 TL 200.
"Proposers" - All tinns submitting Proposals are referred to as Proposers in this document; after
negotiations, an awarded Proposer will be designated as "Lessee."
"PWD" means City of Ashland Public Works Department.
"RFP" means Request for Proposal.
"Scope of Work" means the general character and range of services and supplies needed, the
work's purpose and objectives, and an overview of the performance outcomes expected by
Agency.
"Statement of Work" means the specitic provision in the final Contract which sets forth and
defines in detail (within the identitied Scope of Work) the agreed-upon objectives, expectations,
performance standards, services, deliverables, schedule for delivery and other obligations.
"Qualification Based Selection" or "QBS" (for the purposes of this RFP) means evaluations and
scoring of proposals based on qualifications, experience and project approach, without
considering cost.
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"WWTP" means waste water treatment plant.
1.1.2 SUMMARY OVERVIEW
The City of Ashland (City) is seeking proposals for the private and / or public use of
approximately 265 acres of the Imperatrice Ranch property located north ofInterstate 5.
Currently, this City-owned property is being leased for cattle grazing, but City desires to
determine the most beneficial use for the portion of this property lying south of the Talent
Irrigation Canal and is inviting interested parties to submit proposals for this use. The best use of
the propelty could be defined as the use that most closely addresses the following requirements:
I. The contract will be for a period of two (2) years, with a possible extension depending upon
the City's need; (
2. The use should be beneficial to City;
3. The use should promote sustainable use of resources;
4. The use should not preclude the use of City's wastewater effiuent discharge from its
wastewater treatment facility;
5. The use shall take into consideration all environmental aspects of the property including: soil
conservation measures, riparian area preservation, and proposed pedestrian trail connections;
and
6. The use must be compatible with Jackson County land use ordinances.
City will evaluate each proposal received in accordance with the procedures set fOlth in this
document and shall identify the proposal that best meets City's goals and provides the most
beneficial use for the property. There is no guarantee that City will select one of the proposals as
submitted. City further reserves the right to negotiate with one or more of the proposers to alter,
delete or add additional conditions or requirements to better meet City's needs. City reserves the
right to reject any or all proposals, to waive formalities or to accept any proposal which appears
to serve the .best interests of City.
Proposers responding to this RFP do so solely at their expense. and City is not responsible for
any proposer expenses associated with the RFP.
General Background InfOlmation
Property Acquisition
On April 9, 1996, the City purchased 846 acres of land known as the "Imperatrice Ranch"
property from Kimberly White, Karen White, and Marion Imperatrice for $950,287.98. The
property was purchased using food and beverage tax proceeds with the intent to land apply the
City's wastewater treatment plant effluent and biosolids. The effluent and biosolids land
application plan was suspended aner surrounding neighbors and members of the community
expressed concerns about effluent land application proposals.
General Property Description
The area subject to this proposal is roughly described as all that area of the Imperatrice Ranch
property lying south and west of the Talent Irrigation District's east canal and includes all or
portions of the following tax lots:
. 38 IE 32 -100 (all)
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. 38 IE 32 - 200 (south and west ofTID canal)
. 38 IE 33 - 200 (south ofTID canal)
1.1.3 TAX LOT DESCRIPTIONS
The property is comprised ofthree separate tax lots which are described in fUlther detail and
includes data from the Jackson County Assessors Office:
Jackson County Map Reference: 38 IE 32 Tax Lot 200
38 IE 33 Tax Lot 200
Address Location: Approximately 2 miles North of Ashland. This parcel off our
tax lots lays adjacent to the Northeast side of Interstate 5 and
the associated "NOlthbound" 1-5 weigh station. This property
extends uphill in a Northeasterly direction across the east
canal of the 110.
Owner of Record: Citv of Ashland
Assessor's Account No: 38 IE 32 Tax Lot 200 1-012688-4
38 IE 33 Tax Lot 200 1-012367-6
Present Use: 224.4 acre irrigated pasture.
423.95 acre dry pasture
Highest and Best Use: 1.95 acre home site
422 acre dry pasture
244.4 acres irrigation pasture
Zone: EFU
Size: 648.35 acres
Property Description: An appraisal in 1999 states: the Jackson County Planning
Department states that this group of parcels is described in
Volume 356. Page 197, dated September 4,1951. No
document could be found separating these tax lots prior to
adoption of county-wide zoning on September I, 1973. As a
result, this block of land is considered as one parcel for
development purposes.
This large parcel has an 80 to 90% chance or better for
qualifying for a farm dwelling permit on this EFU zoned land.
Access would be via an easement from or consolidation with
38 IE 33 TL 100. The soils on this parcel are virtually all
Class 4 soils even though many ofthe acres are irrigated. The
soils are primarily Carney clay soils with some Camey
Cobbly clay soil areas.
· Acreages shown are for the total tax lot. This RFP addresses only those portions lying
south and west of the TID east canal.
Jackson County Map Reference: 38 IE 32 Tax Lot 100
Address Location: Approximately 2 miles North of Ashland adjacent to both
sides of Butler Creek Road. This property is approximately
200-300 feet North of Interstate 5.
Owner of Record: Citv of Ashland .
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Assessor's Account No: 1-012687-6
Present Use: dry pasture
Highest and Best Use: Consolidation with adjacent parcel(s) for access or pasture
use.
Zone: EFU
Size: 3.17 acres
Property Description: An appraisal in 1999 states that this is a 3.17 acre parcel of
land which was set out in the 927 Survey Plat Book 2, Page
10, a survey of Ashland acres. This long nan'ow parcel was
created tor access purposes and would not be a legally
buildable lot. Soils on this property are virtually all Class 4
soil being primarily Carney and Coker clay soiL
1.1.4 LEGAL ENCUMBRANCES
The property is subject to numerous legal encumbrances and title exceptions that must be
considered prior to tuture development. The tollowing exceptions have been disclosed by the
most recent title report.
1. The premises herein described have been zoned or qualified for "Farm Use" tax
assessment. At such time as said land is disqualified for such "Fann Use," the property
will be subject to additional taxes and interest and possible statutory penalty.
2. The effect of said property, or any part thereof, lying within the Talent Irrigation District,
and subject to all water and irrigation rights, easements for ditches and canals, and all
regulations of said District, incl uding all assessments, leans and charges assessed, and to
be assessed.
3. Right of way to R.B. Hargadine, record notice of which appears in Deed recorded April
2,1880 in Volume 8 page 726 of the Deed Records of Jackson County, Oregon.
4. Right of way for canal and ditch, 50.0 feet wide, and rights in connection therewith,
granted to the Talent Irrigation District, by instrument recorded March 15, 1923 in
Volume 143 page 570 of the Deed Records ofJackson County. Oregon.
5. Right of way for the transmission and distribution of electricity, and for other purposes.
granted to The Calitornia Oregon Power Company, a Calitornia corporation, by
instrument recorded March 6, 1924 in Volume t 49 page 97 ofthe Deed Records of
Jackson County, Oregon.
6. Rights of way for the transmission and distribution of electricity and for other purposes,
granted to The Calitomia Oregon Power Company, a Calitornia corporation. by
instruments recorded in Volume 168 page 153 and Volume 256 page 443 of the Deed
Records ofJackson County, Oregon.
7. Rights of way for the transmission and distribution of electricity, also right to install guys
and anchors and tor other purposes, granted to The California Oregon Power Company, a
California corporation, by instruments recorded in Volume 184 page 122 and Volume
440 page 220 of the Deed Records of Jackson County, Oregon.
8. Ditch right of way, as set forth in deed recorded September 23,1923 in Volume 195 page
50 of the Deed Records of Jackson County, Oregon.
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9. Right of way for the purpose ofthe operation, maintenance, repair and reconstruction of
canals, reserved by the Talent Irrigation District, in deed recorded December 30, 1936 in
Volume 210 page 536 of the Deed Records of Jackson County, Oregon.
10. Perpetual easement for the construction, repair, maintenance and operation of a 50.0 foot
canal, and rights in connection therewith, granted to the Talent Irrigation District, by
instrument recorded in Volume 214 page 303 of the Deed Records of Jackson County,
Oregon.
II. Right of way for the Eagle Mill Ditch, record notice of which appears in Deed recorded
June 12, 1943 in Volume 244 page 155 of the Deed Records ofJackson County, Oregon.
12. Perpetual easement and rights in connection therewith, for underground conduit, cable
and other fixtures, granted to The Pacific Telephone and Telegraph Company a
California corporation, by instrument recorded March 13, 1947 in Volume 280 page 49
of the Deed Records of Jackson County, Oregon.
13. Perpetual easement and rights in connection therewith, for underground conduit, cable
and other fixtures; granted to The Pacific Telephone and Telegraph Company a
California corporation, by instrument recorded March 13, 1947 in Volume 280 page 50
ofthe Deed Records of Jackson County, Oregon.
14. Right to the use of spring located on said premises, together with the right of way for pipe
line from said spring, and rights in connection therewith, reserved in deed recorded
November 8, 1948 in Volume 308 page 252 of the Deed Records of Jackson County,
Oregon.
15. Right of way 100.0 feet wide for the transmission and distribution of electricity, and for
other purposes, also right to install guys and anchors, granted to The California Oregon
Power Company, a California corporation, by instrument recorded Aplil 24, 1957 in
Volume 440 page 499 of the Deed Records of Jackson County, Oregon.
16. Perpetual right of way and easement to construct, reconstruct, operate and maintain a
buried pipeline, for the purposes of conveying water and rights in connection therewith,
granted to the United States of America, by instrument recorded September 22, 1959 in
Volume 479 page 305 of the Deed Records ofJackson County, Oregon.
17. Access restrictions imposed by Final Judgment rendered September 7, 1966 in the State
Circuit Court of Oregon, for Jackson County, under Case No. 65-342L and recorded in
Volume 204 page 654, Circuit Court Journal.
18. "Grantors reserve for themselves, their executors and assigns, an undivided one-half
interest in all gas, oil, and mineral rights which are now the property of grantors, and
which may hereafter revert to grantors, it being the intention what the other undivided
one-half interest in all such gas, oil, and mineral lights shall vest in grantees. there
successors and assigns," as set out in deed from Ernest M. Pellkofer et ux, to J.D.
Imperatrice et ux, recorded June 30, 1966 as No. 66-07545 of the Official Records of
Jackson County, Oregon.
19. Perpetual rights and non-exclusive easements to use the roads, as set out in deed from
Marion D. Imperatrice to Richard G. Ireland et ux, recorded October 15, 1974 as no. 74-
13557 or the Otlicial Records of Jackson County, Oregon.
20. Perpetual rights and non-exclusive easements to use the roads, also the perpetual right of
Richard G. Ireland and Gloria S. Ireland, and their successors in interest to use for all
road purposes, and continuation of Smith et ux, recorded October 15, 1974 as No. 74-
13559 of the Official Records of Jackson County, Oregon.
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21. Grant of Communications Systems Easement, subject to the terms and provisions thereof,
granted to AT&T Communications of the Pacific Northwest, Inc., a Washington
corporation, and recorded September 12, 1988 as No. 88-18995, of the Official Records
of Jackson County, Oregon, as amended and corrected by instmments recorded January
10,1989 as No. 89-00598, recorded March 8,1989 as No. 89-04692, and recorded July
25,1990 as No. 90-18479, said OtEcial Records.
22. A mutual access and utility easement, as set forth in Agreement Creating Easement,
subject to the terms and provisions thereof, recorded November 9, 1992 as No. 92-34316,
of the Official Records of Jackson County, Oregon.
23. Right of Way Agreement, subject to the terms and provisions thereof, with Pacific Gas
Transmission Company, a California corporation, recorded April 6, 1995 as No. 95-
09111, of the Oflicial Records of Jackson County, Oregon.
24. Right of Way Agreement, subject to the terms and provisions thereof, with Pacitic Gas
Transmission Company, a California corporation, recorded April 6, 1995 as No. 95-
09113 of the Otlicial Records of Jackson County.
25. Existing Leases, ifany.
26. Slope easements granted to the Oregon Department of Transportation in connection with
improvements made to the Port of Entry facility.
NOTE: Not all encumbrances or exceptions will apply to the three lots under this proposal.
1.2 QUESTIONS AND CLARIFICATIONS
1.2.1. Proposer Ouestions
All inquires, whether relating to the RFP process, administration, deadline or award, or to the
aspects of the RFP scoring must be submitted in writing to Morgan Wayman, Project Manager,
at 20 East Main Street, Ashland Oregon 97520. All questions must be received not later than ten
(10) calendar days prior to the proposal submission deadline.
Answers to questions received by City, which are deemed by City to be substantive, will be
issued as ofticial addenda to this RFP to ensure that all proposers base their proposals on the
same information. An otlicial addendum to this RFP may be issued to answer substantive
questions received by City or to make revisions, substitutions, or classitications of the RFP or the
attached terms and conditions. Proposer shall indicate receipt of all issued addenda by attaching
a copy of the addendum to the proposal. THE ADDENDUM WILL NOT BE INCLUDED IN
THE TOTAL MAXIMUM PAGE LIMIT. Failure to attach addendum(s) to the proposal will
result in a three (3) point scoring deduction.
1.3 PROTESTS
1.3.1 Award Protest ReQuirements
Every proposer who submits a proposal shall be notified of its selection status. Any proposer.
who clai'?1s to have been adversely affected or aggrieved by the selection or any proposer who
contends that the provisions of the RFP or any aspect of the process has promoted favoritism in
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the award oftbe lease or has substantially diminished competition, must file a written protest to
the RFP witbin seven (7) calendar days after the date of the selection notice.
1.3.2 Costs and Damages
All costs of a protest sball be tbe responsibility of the protestor and undertaken at the protestor's
expense. City shall not be liable for the proposer's damages or costs for filing the protest or to
any participant in the protest, on any basis. express or implied.
1.4 up ASS I FAIL" PROPOSAL SUBMISSION REQUIREMENTS
Each proposal must comply with the following Pass I Fail criteria. Proposals riot meeting ALL
Pass I Fail criteria shall be rejected.
I .4. I Proposal Submission Deadline (Pass I Fail)
Proposals must be received by the submission deadline as indicated in tbis RFP and at the
address specified. City will not accept proposals submitted by facsimile or electronic mail, nor
will it accept proposals submitted after the proposal submission deadline. City is not responsible
for and will not accept late or mis-delivered proposals.
1.5 "REQUIRED" PROPOSAL SUBMISSION ITEMS AND SCORING DEDUCTIONS
Any item~ in this Section 1.5 marked as REQUIRED that are incomplete or are not submitted
with the proposal will receive a three (3) point scoring deduction for each item and must be
submitted within two (2) business days of request by City. Failure to deliver properly completed
"REQUIRED" items within two (2) business days of request by City shall result in proposal
rejection.
1.5. I Page Length Limitation (Reauired)
The proposal must not exceed six (6) pages, excluding cover sheet, any tabs or indexes and
references, and any issued addendum. Failure to include addendum within the RFP shall result in
a tlu'ee point scoring reduction. If a proposer submits a proposal exceeding this limit, City will
consider tbe pages up to that allowable number and discard all subsequent pages.
One page is defined as: one side of a single 8 11," x II" page. Any page over this size will be
counted as two (2) pages. Any page or partial page with substantive text, tables, graphics, charts,
etc. will be counted as one page.
There is no scoring deduction for exceeding the proposal page limitation; however, extra pages
will be discarded and will not be considered in the evaluation.
1.5.2 Ouantitv of Proposals (Reauired)
Proposers must submit twelve (12) complete copies oftbe proposal.
1.5.3 Acknowledgement of Addendum
Proposers must indicate receipt of any and all issued addendums by attacbing the addendum to
tbe proposal (see section 1.2. I). Failure to do so will result in a3 point scoring deduction.
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SECTION 2 CONDITIONS OF DEVELOPMENT
2.1 PROPERTY BOUNDARY DETERMINATION
Much of the Imperatrice Ranch property was surveyed and platted as part of the Ashland Acres
tracts which was created in 1923 by the Baulfour-Guthrie Trust Company. The survey was
completed by F.H. Walker, however, few comer monuments were set as the setting of physical lot
comer markers was not required until 1947. As development of the property has been minimal,
there have been few retracement surveys since the original platting in 1923. County records
indicate that only two surveys have been filed which would affect any of the seven tax lots within
the property. The surveys are filed in the office of the Jackson County Surveyor as Survey No.
16230 and 18720. Survey No.1 8720 is a conection to the previously filed survey (16230) and both
surveys were performed by L.J. Friar and Associates of Medford. It shall be the responsibility of
the proposed to recover existing monumentation and to determine all boundaries.
2.2 MEANDER ROAD
The Ashland Acres plat created a "Meander Road" (shown on filed Survey No. 18720) which
follows along the course of a tiparian way along the southeast portion of the property. Meander
Road, which has never been named nor opened, divides the City-owned property from the property
to the east. Due to its proximity to the riparian way, the Meander Road would be difficult to open
or to improve in any way; however, its presence as a 40 toot wide street right of way should be
noted as to its possible impact to any development plan.
2.3 T ALENT IRRIGATION DISTRICT (TIo) CANAL
The TID east lateral traverses three of the tax lots on the property. The lateral is an open and
unlined canal with approximately 7.780 linear feet of frontage. There are two existing wooden
bridges that cross the canal. The west canal siphon also crosses tax lot 38 1 E 32 TL 200 in a
southwesterly direction. The canal, siphon and irrigation laterals are located on five recorded
easements. The easements are listed by recording number as follows:
I. 50 foot wide easement - Volume 143 page 570 (1923)
2. Ditch right of way ~ Volume 195 p 50 (1923)
3. Canal right of way ~ Volume 210 p 536 (1936)
4. 50 foot wide easement ~ Volume 214 p 303 (1940c)
5. EagleMillDitch~ VoJume 244 p 155(1943)
The TID water right is for 475 acre-feet per i11'igation season.
It shall be the responsibility oflhe proposer to locate all irrigation canals, ditches and siphons and
their respective easements and to protect those faciliti~s.
2.4 RIPARIAN PROTECTION ZONES
Two intermittent streams are located on the property as shown on the vegetation overlay map. The
steams are unnamed and are not fish bearing, but both streams have well established riparian
growth that must be preserved, protected and enhanced. The steam vicinity also has a wetlands
element which must also be protected in accordance with Jackson County Land Development
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Ordinances. The vegetation overlay map indicates the approximate limits of the riparian and
wetlands protection zones.
2.5 RECREATIONAL USES
The property affords opportunities for development of public recreational uses including
pedestrian trails, open space areas and passive park areas. The area base map shows a number of
possible pedestrian trails that might ultimately become part of a proposed Grizzly Peak Trail
System. Proposers must address and incorporate elements of public recreation into their proposed
use.
2.6 SOIL HAZARD AREA
A recent publication of the Oregon Department of Geology and Mineral Industries (IMS-9) has
listed the surrounding area as being within Hazard Zone D, reflecting low amplification. no
liquefaction and low landscape hazard. One area of the property, as shown on the Geology and
Earthquake map, is listed as an earthquake hazard zone with higher landslide danger. Soil types
and c1assitications are shown on maps included in the Appendix, however, each proposer must
determine the extent of impact the soil might have upon the proposed development.
2.7 COMPLIANCE WITH JACKSON CO LAND DEVELOPMENT ORDINANCES
Each proposer must adequately demonstrate that they have met all applicable land development
standards and ordinances established by the Jackson County Planning and Development
Department.
2.8 PERIOD OF USE
This proposal is for a two (2) year use of the property and shall commence upon approval of a
lease between the City of Ashland and the proposer. The lease may be extended based upon the
City's desire and need.
2.9 LIMITS OF USE
The land subject to this proposal shall be limited to only that portion of the property lying
southerly and westerly of the Talent Irrigation East Canal. There will be no usage of the remainder
of the property. If the accepted proposal is for stock grazing, it shall be the proposer's
responsibility to construct and maintain adequate fencing along the south and west sides of the
canal so that stock may not cross the canal. The fence shall in no way restrict the use of the access
way along the canal.
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SECTION 3 EV ALVA TION PROCESS
3.1 EVALUATION PROCESS
3.1.1 Proposal Evaluation
City will review proposals for conformance with the "Pass / Fail" and "REQUIRED" criteria
identified in Sections 1.4 and 1.5. Proposals meeting all Pass / Fail criteria will be forwarded to
an evaluation committee that will independently review, score and rank proposals according to
the scoring criteria set forth in Section 4.
The outcome of the evaluation process may, at the City's sole discretion result in:
a. Notice to proposers of selection or rejection for lease negotiations:
b. Further steps to gather additional information for evaluation (e.g. checking references,
notice of placement on an interview list, requesting clarification); or
c. Cancellation of the RFP and either reissuance of the RFP in the same or a revised form or
no further action by the City with respect to the RFP.
City may reject any or all proposals and may cancel this RFP at anytime if doing either would be
in the public interest as determined by the City. City is not liable for any costs a proposer incurs
while preparing or presenting the proposal or during further evaluation stages. All proposals will
become part of the public record tile without obligation to the City of Ashland.
3.1.2. Interviews / Follow-up Ouestions
Interviews / follow-up questions may be conducted and scored at the discretion of City. If
interviews / follow-up questions are conducted the following will apply:
. A minimum oftluee (3) evaluators shall score the interviews / follow-up questions;
. The interviews / follow-up questions will have a maximum score of ten (10) points;
. The number of Proposers selected for interviews / follow-up questions is at the sole
discretion of the City;
. Follow-up questions will typically be sent via email to proposer(s) as an alternative to
face-to-face interviews. However, City may conduct face-to-face interviews if
determined necessary after conducting written follow-up questions;
. Interviews normally require physical attendance at City's offices; however, the City may
elect to conduct interviews via teleconference or video conterence. Further details will be
included with notification of time and date of interviews, if conducted.
3.1.3 References
City does not intend to score reterences. but may contact references (by phone, email or fax) to
verify information provided in proposals.
3.1.4 Claritications
City may require any clarification it needs to understand the proposer's proposal. Any necessary
clarifications or moditications which are in the best interest of City may be made before the
proposer is awarded a contract and some or all of the clarifications or modifications may become
part of the final contract. Claritications may not be used to rehabilitate a non-responsive
proposal.
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SECTION 4
SCORING CRITERIA
To be considered by the Ashland City Council, each proposal must also adequately address each of
the following elements of development:
4.1 SUST AINABILlTY (20 Points)
The proposal must demonstrate the sustainable use of energy and/or resources in the development
and operation of the proposed project. Examples of sustainable projects might include the
creation of energy by solar or wind generation. Other examples of acceptable sustainable projects
would be agricultural tood production.
4.2 PUBLIC BENEFIT' (15 Points)
All proposals must clearly demonstrate a public benetit to be derived from the project in the form
of recreational opportunities, open space areas with public access, trail systems or other
improvements.
Specific examples of public benefit might include development of public park areas, creation of
recreation pedestrian. bicycle or equestrian trails. Proposals might include the iirst phase of a
regional Grizzly Peak trail or trails along the TlD canal.
4.3 BUSINESS PLAN (10 Points)
Proposers must submit a financial and business plan that incorporates all phases of the planned
development. The plan must clearly identify required development capital and anticipated profits
and expenses for all phases of development and must indicate a financial bene tit to the City.
4.4 ENVIRONMENTAL STEWARDSHIP (25 Points)
Proposers must clearly demonstrate that the proposed project I development encompass strong
elements of environmental stewardship. The proposal must avoid uses that create air pollution
from road dust or from any manufacturing process. Uses that generate noise pollution or other
forms of pollution should be avoided. Soil erosion and storm runoff must be strictly controlled and
down slope silt depositions must be acceptably contained on the site. Sensitive and wildlife
preserve areas must be protected and preserved.
4.5 WASTEWATER EFFLUENT USE (10 Points)
All proposals must address how and to what extent effluent discharge for the City's Wastewater
Treatment Plant could eventually be utilized on the project. City's Wastewater Treatment Plant
produces Class IV effluent (virtually drinking water quality) which is discharged into Bear Creek
via Ashland Creek.
The short term use of the property under this proposal will likely not allow development of the
inlrastructure required to supply wastewater effluent to the site; however, points will be awarded
for projects that might be available to receive effluent if it were available.
4.6 ADHERENCE TO JACKSON CO LAND DEVELOPMENT ORDINANCES (20 Points)
Proposers must provide a detailed written plan demonstrating compliance with Jackson County
Land Development ordinances. The plan must site specific applicable land development codes and
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Page 16 of 19
ordinances and must fully outline the application process and time lines for application approvals.
Proposers must also outline any required applications and permits that must be acquired.
SCORING SUMMARY
Criteria Maximum Score
4.1 Sustainability 20
4.2 Public Benefit 15
4.3 Business Plan 10
4.4 Environmental Stewardship 25
4.5 Wastewater Effluent Use 10
4.6 Adherence to Jackson Co. Land Development Ordinance 10
TOTAL 100 Points
SECTION 5.0 LEASE AGREEMENT
5.1 LEASE TERMS
The successful proposer will be expected to enter into a written lease agreement that will.inClude: a
definition of the property, the allowed uses, maintenance requirements, and other necessary terms;
some of which are listed in 5.2 through 5.7 of this section. A sample lease agreement could riot be
included with this RFP as lease terms will be tailored to the proposer's use of the property.
5.2 INDEMNIFICATION
The document will further indemnity the City of Ashland from any and all actions ofthe proposer
on lands owned by the City.
5.3 INSURANCE
The lease will further require that the proposer provide general liability insurance coverage to the
limits specitied in the lease agreement. The City of Ashland, its elected ofticials, officers and
employees shall be listed as additional insured on the insurance policy.
5.4 RENTAL FEE
Proposer shall pay a rental fee for use of the property.
5.5 TID ANNUAL CHARGE
Proposed shall be responsible for payment of the Talent Irrigation District (TID) annual charge for
in'igation on the property. The cun'ent TID fees are approximately $9,000 annually.
5.6 ODF FIRE PROTECTION FEES
Proposer shall also pay the annual tee assessed by the Oregon Department of Forestry for fire
protection service. The previous year's cost for these services was $1060.81.
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Page 170fl9
5.7 PROPERTY TAXES
Proposer shall also be required to pay the annual property taxes as assessed by Jackson County.
The previous years taxes, based upon an EFU (Exclusive F31m Use) zoning were $854.51.
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Appendix
G:\pub-wrks\eng\09-12 hnperatrice Property\99-12 tlllperatrice Ranch Property RFP 5 IO.doc
Page 19ofl9
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ProposaLto City of Ashl<lnd, Oregon,PuJ>lic Worl<s{Engineering.Oivision
Beneficial Use of the Imperatrice Property
Project 2009-12
"-relude
This proposal is hereby submitted by the Standing Stone Brewing Company (SSBC) in
. response to the City of Ashland RFP for the beneficial use of the Imperatrice Property,
Project No. 2009-12 distributed on May 28, 2010.
The applicant has examined the subject RFP and hereby acknowledges all details and
provisions of the City's proposal process.
"-roposed-Beneficial Use of.the ImperatIice Property
SSBC currently owns and manages its own bevy of egg-laying hens and thereby putting its
knowledge of sustainable farming into practice.
SSBC proposes to operate a sustainable farm (closed loop farm system) upon the subject
Imperatrice property to produce healthy, delicious food locally to support its restaurant and
brewing operation here in Ashland, Oregon. More specifically. the farm operation would
include raising chickens for meat and egg production with the use of mobile paddocks
(chicken tractors). Additional livestock (beef, lamb and turkey) would eventually be added
to the operation.
<i,1 Sustainability
SSBC's proposed farm use would create a local source for a portion of the food that is
required to operate the restaurant and brewing company; the distance between the subject
property and the Standing Stone is one (1) mile. A key benefit of this proposal is the
reduction of vehicle miles, part of a national goal to reduce carbon emissions.
Another component of the SSBC Farm is recycling. The pre-consumption food scraps and
spent grains generated by the SSBC restaurant and brewing operation are currently
transported to a variety of local farms. These materials would be used to support the
livestock of the proposed farm use upon the Imperatrice property. This recycling
SSBC Proposal for Beneficial Use of Imperatrice Property - Project 2009-12
Page 1 of6
component of the operation would continually make its sustainable loop in the system, all
within a round-trip distance of two (2) miles between the Standing Stone and the farm.
SSBC has factored two other benefits into the sustainability equation: Job creation and
. education. The proposed farm operation would, on various levels, employ a range of skills
sets. People would be put to work to manage the farm operation, consult on sustainable
farm practices, work the land, transport (albeit a short distance), harvest food; manage
property, apply for land use permits and coordinate with City agencies. The employment
would sustain those individuals in the present and benefit the families of those individuals in
future times. The consumption of these thriving workers would be economically linked to
other parts of our local system and a part of our community's needs would be met now and
in the future.
Education is a key component of the SSBC Farm Operation as SSBC intends to provide a
venue for Farm Education Programs. Education in itself is that essential human activity that
enables society to meet its needs and express its greatest potential for meeting its needs in
the future. We believe that education is an effective societal approach for achieving
sustainability.
~.2 ~Yh!ic Benefit
YJilllcle M~s: The essential purpose of the proposed SSBC farm use is to operate a
sustainable system for producing local, healthy food. As has been affirmed in this proposal,
a local food source helps in the reduction of vehicle miles. It's a national goal to reduce VMT
and the benefits reduce greenhouse gas generated from cars and help to reduce our
dependency upon oil; hence, the first public benefit of the proposed SSBC farm use is its
design to reduce vehicle miles.
E.wcation: The Standing Stone Brewing Company (SSBC) likes to share and tell its story.
Sharing is how we educate and how we learn. Our proposed farm use would include public
access to demonstrate how local food is produced sustainably for the restaurant. Sharing
with the public how the farm system works is how sustainable practices become integrated
. into our culture. We submit to the City that our willingness and our plan to schedule tours is
a public benefit.
No Extemal CQS.ts to--E'ubli~: The proposed SSBC farm use would be operated such that no
spillover or external costs will be borne by the public. For example, the operation will be
developed such that the natural appearance of the property is preserved. The generation of
traffic will be minimal and limited to approximately 6 trips per day (total: 6 miles). Internal
vehicle drives will be maintained during the summer months to abate dust.
SSBC Proposal for Beneficial Use of Imperatnce Property - Project 2009-12
Page 2 of 6
4.3Jrusinestllan
Attached to this proposal is the Qpera~[ls PlaD for the SSBC Closed Loop Farm System,
dated May 20, 2010. The research, analysis and preparationofthe QperatlQ[ls t'lalJ was
completed by Team Grass Fed (TGF), a group of graduate students at Presidio Graduate
School in San Francisco, California (Ian Bevan, Tane' Minnick, Eric Strong and Stacey
Waldspurger);
The plan includes a detailed cost benefit analysis for the development of a local food
production source for the Standing Stone Brewing Company (SSBC). The objectives of the
closed loop farm system dovetail seamlessly into the SSBC sustainability formula because
meat production is a major contributor to green house gases. The proposed local food
source would further reduce SSBC's continually-decreasing carbon footprint.
4~4_Envi.r:JmmentaLSte"llardship
a) The proposed land use includes primarily animal husbandry and does not generate
any particulate matter into the air. As stated in a previous section, SSBC will practice
dust control on internal driveways as is necessary.
b) The proposed farm use does not include any industrial noise whatsoever and will not
generate continual noise that would impact adjacent property owners. From time to
time there will be minor construction of fences and coops that will be conducted
pursuant to the noise regulations set forth in the Jackson County Code.
c) The acreage under lease will be observed continually in order to determine ways to
improve the health of the soil and to manage natural drainage patterns on the site.
The proposed farm use itself will not generate any soil erosion. It is also noted that .
the proposed farm use will shift about the site with the use of mobile paddocks and
will only utilize a small portion (estimated to be 10 acres, 3.8% of the site) of the 265
acres at any given time.
d) As noted above the farm operation will be conducted upon a small percentage of the
subject acreage and will have no effect upon wildlife. Our objective will be to
separate local varmints from the livestock to reduce inventory shrinkage.
SSBC affirms its intention to improve this land and its soil from its current condition and to
continually maintain its health for future generations. Also key in this proposal is the
reduction of vehicle miles, part of our national goal to reduce carbon emissions.
SSBC Proposal for Beneficial Use of Imperatrlce Property - Project 2009-12
Page 3 of 6
!h5.W.astewater Effh.!~D~
55BC acknowledges the primary purpose for the City acquiring the subject property. The
applicant's proposed farm.use within the 2-year time frame will only require a small portion
of the 265 acres; therefore, it is expected that the proposed use will not preclude the
discharge of treated effluent from the City's wastewater treatment facility should that occur
within the timeframe ofthe short-term lease.
!l.G Adherem:e.to JacksOlLCQunty land D.eveloplT!~nt Ordinan.ces
In reviewing the current Jackson County Land Development Ordinance (LDO), the applic'ant
concludes that 55B('s proposed farm use described above is a Type 1 use, permitted by right
and only requiring non-discretionary staff review (pursuant to Section 4.2.2 and Table 4.2-1
for Exclusive Farm Use (EFU) zoned land, Jackson County LDO.
Moreover, any permanent or temporary structures necessary to manage livestock are also
permitted upon EFU-zoned property in accordance with uses listed as #2 and #4 on Table
4.2-1 of the current Jackson County LOa. Depending upon the design and particular use,
temporary structures used in conjunction with farm use may require a Type 2 discretionary
review and an opportunity for a public hearing. The applicant is prepared to engage in
preliminary meetings with the County Planning Staff and submit the necessary permit
applications to operate the proposed farm use.
5.1 Lease Terms
The applicant understands that a lease agreement will be designed to match the specific
proposal that is awarded the property lease. If awarded the lease, 55BC will be available to
participate in that process with the City.
s.z.lndemnificatiOJ!
The lease agreement shall indemnify the City of Ashland from any and all actions of the
leaseholder on the City-owned Imperatrice property.
5.3 Insuran_ce
Through Travelers Insurance Company (Agent: United Risk Solutions), 55BC shall provide
general liability insurance coverage to the agreed upon limits specified in the lease
agreement for the subject property. The City.of Ashland, its elected officials, officers and
employees shall be listed as additional insured on the policy.
SSBC Proposal for Beneficial Use of Imperatrice Property - Project 2009-12
Page 4 of 6
5~4_,Bental fee
SSBC proposes to pay an annual rental fee to the City of $1.00 (one dollar).
5.5 TID Annual Charge
As required by the City of Ashland, SSBC shall pay the annual Talent Irrigation District (TID)
, ,
charge of $9000 +- for irrigation on the subject property_
5.6_QO..f Fire.fro~on Fees
SSBC shall pay the annual Oregon Department of Forestry fee for fire protection services in
the amount of $1061 +-.
5.] Pro(lerty Taxes
Also under the terms of the lease agreement, SSBC shall pay the annual property taxes on
the subject property an approximate amount of $855.
1.2,Add,endJ.!lD~
Addendums NO.1 and NO.2, issued on June 10, 2010 and June 16, 2010 respectively, are
acknowledged and attached hereto_
Conclusion
The statements in this proposal are correct and truthful representations. SSBC
acknowledges all details and provisions of the City's proposal process (Project 2009-12) and,
if selected, will negotiate the lease agreement in good faith with the City of Ashland.
To summarize, the Standing Stone Brewing Company (SSBC) is proposing a 2-year lease with
the City for the site known as the "Imperatrice Property", a 265-acre portion thereof. SSBC
intends to develop and operate a sustainable farm operation (closed loop farm system) to
help support its restaurant and brewery; specifically livestock, beginning with chickens.
To lease the subject property, SSBC proposes to pay an annual rental fee of $1.00 and pay
the annual fees listed in the RFP for Project 2009-12, a grand total of $10,917 +-. In addition,
the Standing Stone Brewing Company proposes a beneficial use of the Imperatrice Property
as follows:
. Utilize sustainability practices to operate a farm for the local production of food for
the Standing Stone Brewing Company.
SSBC Proposal for Beneficial Use of Imperatrice Property - Project 2009-12
Page 5 of 6
. Create a, benefit to the public by'reducing vehicle miles traveled via local production
of food_
· Create opportunities to educate the public about the sustainable farm practice.
. Maintain the natlJral appearance of the subject property.
. Support the City's discharge of treated effluent from the City's wastewater
treatment facility as is necessary_
· Comply with the City's stangards for environmental stewardship relating, to air
quality, noise pollution, drainage and wildlife preservation.
. Comply with all applicable regulations of both Jackson County and State of Oregon
and obtain all requisiteperriiits from agencies.
. Indemnify the City within the lease agreement provisions and provide general liability
insurance naming City of Ashland, its elected officials, officers and employees as
additional insured on the policy.
:"bmz~~
ALEX AMAROTICO, President, Standing Ston~ BrewingCompany
Date: b, - -z.. , - I 0
Cell: 1.54,1.840.8494
Email: alex@standingstonebrewing.com
Consultant: George Rubaloff, Email: g,rubaJoff@gmail.com Cell:54n890-3273
ATTACHMENTS' (not counted: in the 6'pagelimitfo; p;oposal):
1, Addendum NO.1 (Projectll<: 2009-12) issued on June 10, 2010
2. Addendum NO.2 (Project#'2009-12) issued on June 16, 2010
3. Copy of Proposal Registration Form received by City of Ashland on June 8, 2010
4- Business Plan entitled Qper<1tj.QnsPlanJOLlbe5sB_C,CIQSedJ..QQPEaiJTl_S}'Stem, dated
May 20, 2010
SSBC Prciposal for Beneficial Use of Imperatrice P;operty - Project 2009-12
Page 6 of 6
Page 1 of I
CITY OF
ASHLAND
ADDENDUM NO_ 1
TO THE
REQUEST FOR PROPOSALS
FOR
BENEFICIAL USE OF THe "IMPERATRICE RANCH" PROPERTY
\
This addendum issued on this 1 Oth day of June, 2010, provides clarification to the
Business Plan requirement shown under Secllon4,3 - BUSINESS PLAN, located on
Page 16 of 19 In the distributed RFP,
A. CLARIFICATION
a, The Business Plan required to be submitted with the Proposal is to be
included as a separate attachment.
b. The Business Plan submittal will not be assessed against the Page Length
Limitation of 6 total pages as defined under Section 1,5,1, located on
Page 12 of 19 in the RFP,
Acknowledge receipt of this addendum by attaching a copy to the Proposal as outlined
under Seclion 1.2. QUESTIONS AND CLARIFICATIONS: iocated on Page 11 of 19 in
the RFP.
END OF ADDENDUM NO.1
Engiu.fu,g
20 E... Main SI>>e.
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Page 1 of 1
CITY OF
ASHLAND
ADDENDUM NO.2
TO THE
REQUEST FOR PROPOSALS
FOR
BENEFICIAL USE OF THE "IMPERATRICE RANCH" PROPERTY
This addendum issued on Ihls 16th day of June, '2010, provides further information
regarding Addendum No, 1 as Issued on June 10, 2010,
A, REOUIREMENT OF BUSINESS PLAN - CONFIDENTIALITY
a, Required Business Plans submitted with a proposal shall remain
confidential and will not be made available to the general public,
Acknowledge receipt of Ihis addendum by attaching a copy 10 the Proposal as oullined
under Section 1.2 - QUESTIONS AND CLARIFICATIONS: located on Page 110119 in
the RFP,
END OF ADDENDUM NO.2
Enginltt'flng
20 E. Malo SlfQlll
Ashbnd, O~gon 1i17520
vlWA',eshlDr,d,OI,U1>
191: 541,,4S8,5347
FaK; 541-,488-6006
TTY: 800:735.2930
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City of Ashland RFP,
Use ofhnpetatrice Ranch Property,
Project 2009-12
Natural Light Proposal
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d Business Plan requirement shown under Section 4.3 - BUSINESS PLAN. located on
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d A CLARIFICATION
d a. The Business Plan required to be submitted with the Proposal is to be
::;l included as a separate attachment.
d b_ The Business Plan submittal will not be assessed against the Page Length
~ Limitation of 6 total pages as defined under Section 1.5,1. located on
d Page 12 of 19 in the RFP.
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d Acknowledge receipt of this addendum by attaching a copy to the Proposal as outlined
~ under Section 1.2 - QUESTIONS AND CLARIFICATIONS: located on Page 11 of 19 in
d the RFP.
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Engineering
20 E. Main Street
Ashland, Oregon 97520
WNW,ashland,or.us
Tel: 5411488-5347
Fax: 541-1488-6006
TTY: 8001735-2900
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CITY Of
ASHLAND
ADDENDUM NO.2
TO THE
REQUEST FOR PROPOSALS
FOR
BENEFICIAL USE OF THE "IMPERATRICE RANCH" PROPERTY
This addendum issued on this 16th day of June, 2010, provides further information
regarding Addendum No, 1 as issued on June 10, 2010,
A. REQUIREMENT OF BUSINESS PLAN - CONFIDENTIALITY
a_ Required Business Plans submitted with a proposal shall remain
confidential and will not be made available to the general public,
Acknowledge receipt of this addendum by attaching a copy to the Proposal as outlined
under Section 1,2 - QUESTIONS AND CLARIFICATIONS: located on Page 11 of 19 in
the RFP,
"
END OF ADDENDUM NO.2
Engineering
20 E. Main Street
Ashland, Oregon 97520
www.ashland.or.us
Tel; 541/488-5347
Fax: 541"4B8-6006
TTY; 800/735-2900
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Natural Light
745 Creek Stone Way, Ashland, OR 97520; caia@opendoor.com; 5415521198
TO: City of Ashland
6/25/10
REGARDING: RFP Response - Proposal for use ofImperatrice Ranch property,
This proposal is being submitted by a collective of professionals under the leadership of
Caia Cupito of Natural Light. ,Natural Light has a long history of planning, designing and
implementing successful Public Enviromnental Education Projects,
The rest of the team consists of Kerry KenCairn and Bonnie Bayard of KenCairn Landscape
Architecture, Carlos Delgado Architect and GeoffDawson as a solar energy consultant.
As a whole, the team is made up of individuals dedicated to the core concepts of sustain ability,
environmental resiliency, and community well being, The team has proven long term skills in
project development, grant writing, enviromnental education, exhibit design, graphic design for
outdoor panels, building design, site planning, landscape architecture and project management.
This proposal differs from the City of Ashland RFP in three distinct areas:
1. Project lease versus greater site opportunities
Our intention with this proposal is to unite our site wide goals for the Imperatrice Ranch
property to the more practical lease proposals you are receiving for ranching andlor
farming, We propose to bring our team experience and vision to the task of creating a
large scale long term site approach to this property, We would hope to have the City of
Ashland assign the lease to one of the more traditional proposers, while allowing us to
join them and take on the more long tenn goals described in this proposaL
2, Time Line
To make this proposal and project feasible, and to allow fW1ders to see it as viable for the
use of their resources our team feels that the lease duration should be a minimum of ten
years with an automatic renewal of a second ten years with review,
3, Geographic scope
Our proposal responds to the entire Imperatrice Ranch property, rather than just the area
below the Till canaL We want to look at the upper property for the development of key
line ponds, recreation trails, and park and picnic areas,
City of Ashland RFP, Use oflmperatrice Ranch Property, Project 2009-12, Natural Light Proposal ,
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Below is a list of concepts we intend to incorporate into the planning for tbis project
Concepts 6, 7 and 8 are proposed with the expanded geographic scope in mind,
Resumes and more in depth infonnation for all the team members are attached in
the Business Proposal.
Concepts:
I, Continued reservation for effluent land application.
2, Agricultural- fann, orchard, carbon fanning, holistic management The fann and orchard
would be located on the lower piece ofland close to the Eagle Mill entrance, The first activity
would be to improve the clay soil. The fann could produce fruits and nuts, grains"beans,
vegetables, chickens, eggs and possibly other meat.
3, Solar and wind energy generation for the fannhouse and education center,
4, An educational center with exhibits to teach people about horticulture, gardening and
pennaculture principles, as well as the various methodologies for living a more sustainable
lifestyle, Outdoor exhibits will be designed to interpret all sustainable practices occurring on
the land, pennaculture guilds, ponds, and habitats, We will incorporate an outdoor classroom
and on site teaching for the training of fanners and gardeners, We envision an outside
amphitheater for nature programs, plays and musical perfonnances.
5. A restaurant, book store and gift shop inside the education center.
6, Pedestrian trails, open space areas and passive park areas, and outdoor educational
interpretive exhibits, working with Ashland Trails Assn. Trails could be developed as
shown on the city's proposed pedestrian trails connections map and ultimately become part
of a proposed Grizzly Peak Trail System, Areas with picnic tables and benches would be
developed while respecting and preserving native plants and important natural features,
7, Preservation of environmental and ecological resources and native restoration,
Native plants on site would be preserved and native plants would be restored, We shall use soil
conservation measures and preserve, protect and enhance the riparian areas, The wetlands
element will also be protected in accordance with Jackson Co Land Development Ordinances,
8, Water storage - a system of ponds and swales to collect and distribute rainwater,
ciiy of Ashland RFP, Use oflmperatrice Ranch Property, Project 2009-12, Natural Light Proposal
2
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III the ,first 2-3 year time peri ad We eauld eampletethe site,maste'r plan, do. exhibit design far
the educatian center and. autdaor panels, and appiy for grants to. build the pam:ls"trails, trail
signage, educatiancellter, autdaar panels, and farinhause.
We preferta team up With the future lease halder ofthis property, We would,pursue grants to.
fund aur ideas that are af a greaterscape and scale thanafthe lease'halders. '
These ideas wauld benefit Ashland by providing emplaymcnt in the farm, archard, and educatian
center, Recreatiantrails and interpretive signage and exhibits within the educatian cehter wauld
educate, mativateand inspire iaeals and vi sitarS to. live mare simply ahd sustainably, The pands
for water storagewauld be attractivc and functional. 'Increasing lacal faad security is a major
benefit. Ex.isting native plants on site would be preserved and native plants wauld be planted.
Riparian areas would be protected and restared,
This projectcould position Ashland as a sustllinability madeland educatian destinatian, Peaple
cauld came from other lacatians to. learrtpermaculture and sustainability skills, This will
increase theecahamic b,enefits to. the.Citybecause travelers will need places to. stay and places to.
eat while taking warkshapsand classes at tbeEducatianCenter. It would providefTesh organic
lacal foad to. Ashland's residents and make us more resilient.
Team responsibilities far, this project are'as faHaws:
Caia Cupita will serve as ProjectCoordinatar; Graphic,Designerfarailtdoa'r education
panels and Educatian Centerindo.arexhibits~
KeI1y KenCairrt and Barmie Bayard will be responsible far develaping the averall site
master plan. Master Planning includes: site circulatian, detennihing the best lacatian far
lJuildings,amenities, inassingand other site infrastructure,
Carlos Delgado is the project Architect, his focus will be an the designafthe educatianal
center, the, farm dwelling, and ather site structures, '
GeoffDawsan with Alternative Energy Systems will serve as a salar energy cansultant.
If the lease is granted to. a propaser that is nat fanning, we have several aptians far
organic farmers to. jain aurteam,
Same af the cancepts mentianed are presented in mare detail an the fallowing pages.
Sincerely,
c~
Caia Cupita
~/~
City of Ashland RFP, UseofImperatrice Ranch Property, Project 2009-12, Natural Light Proposal
3
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Keyline Ponds:
Keyline pondplannmg;is w'orking with the land and making the most of the water which falls on
it After mapping the ridge contours, or.ke~lihes, where maximum rainfall gathers, a dam is built,
with a. system of channels to spread the water around the property, Key line planning works from
the natural shllpe of the .land and.'howthe water flows. The objectis ,to getthe surplus water that
flows off the landredistributed into the land to bUild soil, to build organic matter, and build
fertility as abiisiSfor sustainable farming,
Excess a1:n1ospheric carbon dioxide levels and
consequent weather instability are the primary
threats to hutnanity's future, Newtopsoi! can
be created sitnplyand quickly, Carbon,
sequestration through the rapidformation of
high organic l1lalt~r topsoil is,the,backbone
of a strategy, to reduce atmospheric carbon
dioxide levels to pre-industrial leVels within,
a decade. If the American people were to
restore the soil fertility of the Great Plains
that we have destroyed in the last 150 years,
atmospheric levels of carbon dioxide'would
be reduced to near precindustrial, levels, !tis estimated that the prairies of North Atnerica once
had about 15% carbon stored in the topsoil. That is' now down to about 3% thanks to destrt.lctive
agriculture techniques, Keyline and other techniques applied on a mass scale in the prairies alone
would significantly slow global wa"!ling.lfwe can get fannland around the world uplO 10%
carbon storage we would feed countless ,more people while fighting global warming,
Keyline ponds contribute to the big debates
of our day of water in the landscape and carbon,
and howwe deal with the carbon problem .;-
with climate change. The Keyline system was
andis still critically relevant to those issues,
andis influencing work in North America
and in many other cOuntries.
Most of the key line ponds would be above the
Talent irrigation canal, along with recreation trails
and conservation and restoration plantiugs.
Carbon Farming:
co, co; _
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City of Ash]and RFP, Use of]mperatrice Ranch Property" Project 2009-]2, Natural Light Proposal
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Our Ashland fann could be a member of Carbon Farmers of America (now ,called New Soil
Security), This company trains, equips, scientifically monitors and provides ongoing support
to meniber fanners across America, to rapidly create new, high organic-matter topsoil.
Their company is structured in such a way that cvery member farmeds a research sCientist,
contributing critical data and insight into the worlds largest controlled research project on
topsoil formation. With'their member fanners, they carefhlly reCord the process of soil building
on each funn, and scientifically monitor the carbon levels in their soils each year. The experts
agree: only soils can ,sequester significant amounts of atmospheri.<; carbon in the next 30 years.
Carbon Sequestrati.on in soil and. vegetation is a bridge to the future. It buys us time while
altematives to fossil fuel ta:ke effect. The Marin Carbon Project is an eiall1ple ofa fann on
the'west coast practicing, monitoring and researching carbon fanning,
Further strategies for rapidly growing new topsoil includ\::
* Biological ~ubsoilil1g (using,root
crops and deep'lap-rooted pllll1ts)
'" Composting .
'" Microbial inoculants and stimulants
'" Pa~ture cropping/double cropping
'" Charcoal soil amendments
'" Paramagnetic rock dusts
* Biodynamic preparations
'" Soil mineral testing and balancing,
rock dusts. and sea minerals '
.. Cover crops, green'manures,mulches
* Seaweed products
'" Recycled greell wa,stes
'" BiosolidS, huinic substances, earthworm re"introduction
Our concept for the fann and orchard includes:
,fruit and nut trees, vegetable crops, grain and
bean crops, chickens and eggs. Rotational
animal practices could be.inclJided.
Scoring Criteria
4,1 Sustainability (20 Points) - The Farm aildEducation Center (an organicfann, orchard and
education center) will use solar and/or wind tp power the energy needs, of the farmhouse and
education center, AgriculturaHood production and increasing Ashland's food security are
priority goals, The entire projeCt will model and teaeh locals and viSitors to live more simply
and sustainably. We will be storing carbon in the soil and trees, thereby reducing carbon in the
atmosphere. Thekeylinc system of ponds will conserve, store and redistribute rainwater and the
city'.s wastewater treatment effluent. Sustainability education ,viII be a, big part of this project.
42, Public Benefit (J 5 Points) - Public park area with picnic tables and benches and pedestrian
trails along the Till canal and above and below the TID canal. Pedestrian trails, open space
areas and passive park areas, and outdoor educational and interpretive signage, hopefuljy
working with Ashland Trails Assn. Trails could be developed as shown on the city's '
proposed pedestrian trails connections map and ultimately become part of a proposed
Grizzly Peak Trail System. Bicycle and equestrian trail feasibility would be studied.
City of Ashland RFP. Use of Imperatrice Ranch Property, Project'2009-12"Natural LightProposal
5
4.3. Business Plan (10 Points) see attachment.
4.4 Environmental Stewardship (25 Point) - Sensitive and wildlife preserve areas will be
protected and preserved and more native plant restoration will occur. There will be no uses
that create air pollution from road dust or from any manufacturing process, We will not
generate noise pollution or other forms of pollution. Soil erosion and storm runoff will be
strictly controlled and down slope silt depositions will be acceptably contained on the site.
4.5. Wastewater effluent Use (19 Points) - The City's wastewater treatment plant effluent
would be welcomed on this site and would be very useful.
4.6' Adherence to Jackson County Land Development Ordinances (20 points)-
Applicable Ordinance
JACKSON COUNTY DEVELOPMENT ORDINANCE FOR EFU LANDS
Fann Use
ORS 215.203
OAR 660-033-0120
Allow Outright
Buildings other than dwellings
In conjunction with farm use
ORS 215,283(1)(f)
ORS 215.283(1)(u)
Allow w/Review
Facility for Processing Farm Use
Allow Outright
Farm Dwelling
ORS 215,283(1)(f) Allow Outright
OAR 660-033-0120, 0130(1), (30) & 0135
Accessory Farm Dwelling
Allow w/Review
ORS 215.277-278 and 215,283(1)(f)
OAR 660-033-0120, 0130(4) &
0130(4)-(d) & (30)
Public Parks and Playgrounds
Allow w/Review
ORS 195.120, 215,283(2)(d)
OAR 660-033-0120 & 0130(5) & (31)
& 660-034-0035 & 0040 '
Outdoor Gathering
<3,000 persons
Allow w/Review
ORS 197.015(10(d) & 433,735
. OAR 660-033-0120 & 0130(34)
BUlL DING PERMITS
Dwelling Customarily Provided in Conjunction With Farm Use
(Farm Income Standards)
General Review Criteria
New Dwellings
Wildfire Safety Standards/Emergency Vehicle Access
LDO Section 4,2.6(C)(3)
LDO 4.2.3
LDO 4,2.6(A)
LDO 8.7 & 9.5.4
City of Ashland RFP, Use oflmperatrice Ranch Property, Project 2009-12, Natural Light Proposal
6
Memo
CITY OF
ASHLAND
Date:
From:
To:
July 1, 2010 ~
James H, Olson ,
Imperatrice Ra~FhL FP Review Team
REVIEW OF pRQlPOSALS RECEIVED FOR THE
BENEFICIAL USE OF THE "IMPERATRICE RANCH" PROPERTY
Re:
On June 29,2010, formal proposals for the Beneficial Use of the Imoeratrice Ranch
Prooertv were received from:
. Standing Stone Brewing Co.
. Natural Light
Both proposals were submitted in accordance with the requirements set forth in the
formal request for proposal (RFP) distributed on May 28, 2010. The proposals must now
be scored and ranked according to the scoring criteria included in the RFP. To assist in
the scoring process, the following items are provided:
. Proposal and confidential business plan from Standing Stone Brewing Co,
. Proposal and confidential business plan from Natural Light
. Scoring sheets for each proposal
. Request for proposal document
Please review each of the proposals as to how well the proposal addresses the six
scoring criteria listed on Page 16 of the RFP. A numerical value should be given for
each of the scoring criteria with written comments to support the assigned score. The
review process should be conducted individually and independent of other team
members. The completed scoring sheets should then be signed, dated and returned to
Jim Olson by July 22,2010.
If you have questions, please feel free to contact me at 541 552-2412 or email at
olsoni@ashland,or.us.
ENGINEERING DIVISION
20 E, Man Sueet
Ashland OR 97520
www.ashland.or.us
Tel: 541/466-5347
Fax: 541/468~06
TTY: 600n35-2900
Jr~.
..."
G:\pub-wrks\eng\09-12Imperatrice Property\A_Admin\Cons Pre Conlract\Proposal Review memo to Team 7110,doc
CITY OF
ASHLAND
BENEFICIAL USE OF THE "IMPERATIVE RANCH" PROPERTY
PROPOSAL SCORE SUMMARY
Project No. 2009-12
Date: 8/9/10
- -
Evaluation Team:
James Olson
Morgao Wayman
Greg Jones
PROPOSER TOTAL RANK
SCORE
Standing Stone Brewing Co. 205 1
Natural Light 200 2
G:\pub-wrks\eng\09-12Imperalrice Property\A_Admin\09-12 Proposal score summary Standing Slone 6 30 I{),doc
Pagclof6
CITY OF ASHLAND
TECHNICAL EVALUATION SHEET
Project Number: 2009-12
Project Name:
Beneficial Use of the "Inmerative Ranch" Property
Proposer: .standing Stone
Evaluator [print]:
Date: 6/30/1 0
Criteria Pass or Fail , I
The proposal or requested information was received by the required due I
date and time. (June 29, 2010 2:00 p.m,) P
Criteria
The correct number of proposals is included (6)
Retluired
Ok
Criteria Deduction
Addendum acknowledged by attaching to proposal. 3-point deduction is not
included. 0
G:\pub-wrks\eng\09-12 Impcratrice Property\A_Admin\09-12 Proposul score slImmary Standing Slone 6 30 IO,doc
Page 2 of6
CITY OF ASHLAND
EVALUATIQN/SELECTION SCORING SHEET
,KProposal Evaluation
Project Nuhlber: 2009- 12
Interview Evaluation
Project Name:
Beneficial Use of the "Impci'ativc Ranch" ProperlY
Propnser: StaildiilliStone Brewing Co,
Evaluator [print]:, James'Olsbn
Date: 7/1/10
CERTIFICATION: I do nothave any conflict orinterest with any proposerrcspondingto this RFP, A
conflict of interest may inc,lude any family members presently associated with a proposer, or any fInancial
relatiooships with a proposer (does not include past employment), I have read and rated the proposals
independently, am! without interference or pressure from anyone, I have not had conversation or other
contact with any of the proposers concerning this RFP since it was issued. Ihave, noted any potential
conflicts or concems on this form.
Evaluators Signature:
Note To Evaluation Tea embers: The comment section below each scored criteria MUST be
used tojustify your scores with reasous and examples/explanations regardleSs ofthe score assigned.
Scoring and comments must only be based on the criteria stated in the solicitation and the
responses submitted in response. Use commenrsection to justify Your score,s with reasons and
specific examples as necessary. These are public record and will be, shared with consultants as
reqnestedduring debriefings.
- " . . ". ,.(. . " ~ "
- ~.~€RiTERIA' ..' "
. , ,.' : SCORE
- .
-, .. . '. - ", ..
" , ,..ie,' .. ......,....,,,.. -,
(Max, possible score 1201 points)
4.1 Sustainability
Demonstrate the sustainabl~ use of energy or resources in the development and operation of the Ill__
proposed project --
Comments:
. Reduction in vehicle miles (minor), " '.-
. Recycling- rest. food waste used for animal tced,(good)
. Employment (minor) ','
. Education (minor) ,
Several good Dossibilities,under this D1'oDosal " ,
.
-
- ,
-
..
,
.
,
, , .
(]:\pub-wrks\el1g\09~12 11IlJlcrotrkc Propcrt}~A_Admin\(j9-12 P~)posal scqrc SUlIl!nary S~andillg Stone 6,-30 IO,doc
Page 3 or 6
(Max, possible score 1151 points)
4.2 Public Benefit
Demonstrate how a public benefit may be derived from the Project in the fom! of recreational
opportunities, open space utilization, trail systems or other uses.
Comments:
Public benefit is rebalances - The main com ractices and
sustainabili
7
(Max. possible score 1101 ooints)
Does not include an 0 ortunit for trails, 0 en s ace etc.
:.,
4.3 Business Plan
Business plan must clearly identity required development capital and anticipated profits and
expenses for all phases of development, and must indicate a financial benefit to the city.
Comments:
Business Ian is ve clear and thoroll h
JO
--
Ci:\pub-wrks\eng\09-12 Imperatrice Property\A _ Admin\09-12 Proposal score summary Standing Slone 6 30 IO,doc
Page 4 of6
(Max, Dossible score 1251 Doints)
22
--
4.4 Environmental Stewardship
Demonstrate that the project development encompass strong elements of environmental
stewardship.
Comments:
Farm 0 e erosion
(Max, Dossible score 1101 Doints)
o erations will have some im
4.5 Wastewater Effluent Use
Demonstrate how and to what extent the proposed project could utilize the effluent discharge
from the city's wastewater treatment plant.
Comments:
Pro' ect does not 1'0 ose an use of effluent.
5
--
O:\pub-wrks\coj;\09-12 Imperntrice Property\^_^dmin\09-12 Proposal score summllry Stllnding Stone 6 30 lO,doc
Page 501'6
5
--
(Max_ Dossible score 1101 Doints)
4.6 Adherence to Jackson Co. Land Development Ordinances
Demonstrate com liance with cun-ent Jackson Count Land Develo ment Ordinances,
Ma re uire a coun ublic heal-in for construction of buildin
No roof or co ies of LOa rovidcd
Max Possible 90
TOTAL SCORE
67
G:\pub-wrks\eng\09-12Impcratricc: Property\A_^dmin\09-12 Proposal score summary Standing Stone 6 30 IO,doc
Pllge 60f6
CITY OF' ASHLAND
EVALUATION/SELECTION SCORING SHEET.
XProjX>sal Evaluation
Interview Evaluation
Project Number: 2009.12
Project Name: Beneficial Use of the "Imoeratrice Ranch" Provertv
Proposer: STANDING STONE BREWING CO~
Evaluator:
Morgan Wayman
Date 7/19120.10
CERTIFICATION: I do not have any conflict of interest wi)h any proposer responding tc> this RFP, Aconflictof
interest may include any family members presently assqciated wit,h a proposer, or, any financial relationships with
a proposer (does,not include past employment).! have read and'rated the proposals independently, and without
interference or pressure from anyone; I havc ,not had co sation ur other contact with any ohhe proposers
concerning this RFP since it IVas issued, I have not ny potential conflicts or concerns on this form.
Evalmttors Signllture: A
Note To EVllluation Team ent section below each scorell criteria MUST be used to
justify your scores with r s s'lInd examples/explanations regardless of the sc'ore:assigned. Scoring lInd
comments mnst only be based on the criteria stat~din thc solieitationand the responses submitted in
response. Use comment section to justify your scores with rellsonsandspeeific examples as necessary.
These are public rec(lrd and will be;shared with consultants as requestedduring,dcbricfings,
; . SCORE
CRITERIA
. " ,
{Max. Dossible score [201 Doints}
4.1 Sustainability 12
Demonstrate the sustainable use of energy onesources in the development and operation of the
proposed project.
Comments:
Standing Stone Brewing Coinpa'iy'(SSBC) presents a proposal that does demonstrate the
sustainable'use of some resources relative to the final operation of the proposed project.
Their plan to produce a closed-loop farming system for the production of meat for their
restaurant located in Ashlalld will further reduce their currently low. carbon footprint.
Another part of the plall involves the sustainability practice of recycling food scraps to
feed the livestock at the farm, Their proposal would also produce some locllljobs as well
as create the potential for educational opportunities to the community relative to Farm
Education Programs.
They do not clearly address any sustainable uses of energy during projeCt development.
C:\DOCUME-l\waYIllilnm\LOCAl~C;;-I\Tcmp\..XPgrpwisc\Slanding Stone - Imperalri,e . Proposal Score ~ununary,doc
5
Pagc'2 of
,
(Max, possible score 1151 points)
4.2 Public Benefit 6
Demonstrate how a public benefit may be derived from the Project in the form of recreational
opportunities. open space utilization, trail systems or other uses,
Comments:
SSBC identifies some public benefits that would result from the operation of a closed-loop
farm system. These include reduced vehicle miles, education and an operation that is
inteuded to be funded and maintained entirely with private dollars thereby avoiding costs
to the public. Also, their plan will not adversely affect the natural appearance of the land
as it currently exists.
While these points are somewhat in alignment with the intended use of the land, it doesn't " .
appear as though there will much direct benefit to the public such as in the form of .
recreational open space.
,
I
(Max. DOssible score 1101 points)
4.3 Business Plan 5
Business plan must clearly identify required development capital and anticipated profits and
expenses for all phases of development, and must indicate a financial benefit to the City,
Comments:
SSBC provides a carefully developed and very detailed/comprehensive Business Plan with
their proposal. An important outcome of the analysis provided seems to indicate that
SSBC's costs will increase and their profit margin will decrease substantially as a result of
implementing the project and the only benefit to them will be realized in their desire to
reduce their carbon footprint and create a closed-loop farm system. There were 2
Scenarios presented and each seems to require the substantial raising of meal prices at the
restaurant to fund the development of the project; This may well be possible, however it is
difficult to see how this is a benefit to the consuming public.
The financial benefit to the City would only come in the form of SSBC ahsorbing the
current cost of maintaining the yearly TID charge of $9000, the yearly tax burden of $855
and the ODF Fire Protection Fee annually charged at $1061.00. They are olTering to pay
the City a rental fee of $1.00 ner vear.
"
:
C:\DOCUME-I\waymanm\LOCALS-I\Temp\XPgrpwise\Standi(lg Stone - Imperalrice. Proposal Score Summary,doc
5
Page 3 uf
(Max. possible score 1251 points)
4.4 Environmental Stewardship 2S
Demonstrate that the project development encompass strong elements of environmental
stewardship,
Comments:
SSBC's plan to create a closed-loop farm system addresses the City's desire for
Environmental Stewardship by preserving the current appearance of the land, not
creating any noise or dust pollution, maintaining and improving soil conditions on a
continuous basis and by not adversely affecting the natural wildlife currently existing on
the land.
..,
.
(Max. possible score 1101 points)
4.5 Wastewater Effluent Use
Demonstrate how and to what extent the proposed project could utilize the effluent discharge 6
from the City's wastewater treatment plant.
Comments:
SSBC's proposal does not address how the project could utilize the City's potential
distribution of wastewater effiuent. However, their project would not preclude the City
form being able to so
, -',',
',.
',....
, ,."
, , , '
(Max, possible score 1101 points)
4.6 Adherence to Jackson Co. Land Development Ordinances
Demonstrate compliance with cllrrent Jackson COllnty Land Development Ordinances, 9
Comments:
SSBC's proposal adequately addresses and appears to adhere to the current Jackson
County Land Development Ordinances. Further analysis may be necessary as the project
develops and the potential construction of temporary structures may require submittals to
C:\DOCUME-l \waymunm\LOCALS-I\Tcmp\XPgl'pwisc\Slanding Slone - Impcralricc - Proposal Scm~ Sunmlury,doc
5
Page 4 of
the County's Planning Department.
TOTAL SCORE
63
C:\DOCUME-l\waymanm\LOCALS-I\Tcmp\XPgrpwisc\Slanding Slone. Impcmlrice . Proposal Score Summary,doc
5
Page 5 of
CITY OF ASHLAND
EV ALUA TlON/SELECTlON SCORING SHEET
X Proposal Evaluation
Project Number: 2009-12
Interview Evaluation
Project Name:
Beneficial Use ofthe "Imperative Ranch" Propertv
Proposer: Standing Stone
Evaluator [print]: Gregory V_ Jones
Da!e July 20, 201 0
CERTIFICATION: I do not have any conflict of interest with any proposer responding to this RFP. A
conflict of interest may include any family members presently associated with a proposer, or any [mancial
relationships with a proposer (does not include past employment)_ I have read and rated the proposals
independently, and without interference or pressure from anyone. I have not had conversation or other
contact with any of the proposers concerning this RFP since it was issued. I have noted any potential
-;~~-=~
Evaluators Signature: ~
Note To Evaluatiou Team Members: Tbe comment, section below eacb scored criteria MUST be
used to justify your scores with reasous aud examples/explauations regardless of the score assigned.
Scoring and comments must only be based on the criteria stated in the solicitation and the
, responses submitted in response. Use comment section to jnstify your scores with reasons and
specific examples as necessary. These are public record and will be shared with consultants as
requested during debriefings. ' , ,
CRITERIA SCORE
(Max. possible score 1201 points)
4.1 Sustainability 16
Demonstrate the sustainable use of energy or resources in thedevelopment and operation of the
proposed project
Comments:
SSBC's proposed farm use captures the goal of the buy local movement and is a strong aspect
of the three goals of sustainability ... environmental, social, and economic. The portability of
the operation, the reduction of vehicle miles, and waste recycling are each very important
components of increasing their bnsiness sustainability at the same time doing something that is
functionallv appropriate for the nronertv.
C:\Temp\XPgrpwise\09.12 Proposal score summary Standing StQne.doc
Page 3 of6
(Max. oossible score IISI Doints)
4.2 Public Benefit
Demonstrate how a public benefit may be deriv,ed from the .l;'roject in the form of recreational 15,
opportunities, open space utilization, trail systems or other uses. ' ,
Comments:
SSBC's proposed fann use apparently will be leaving much of the property as open space for
park and/or trail development However, no map was provided for the area that SSBC intends to
use, therefore it is unclear over how much area and where their activities will be, SSBC's
intention of providing some form of in-house and oli-siteeducational opportunities would
nrovide some nublic benefit through more awareness of sustainable f",min" nractices.
.
, " ..
. .
(Max. oossible score n01 ooints)
4.3 Business Plan ' ,
" 8
Business plan must clearly identifY required development capital and anticipated profits '!Dd
expenses for all phases of development, and must indicate a fmancial benefit to the city.
Comments:
I am not qualified to fully assess a business plan for this property and will only speak to my
general feelings about it_ Overall I question the proposer' sability to have a short term lease
such as this be an economically sustainable component of their business_ In general the
propOser appears to have fleshed out their costs very well, covering both development and
operational expenses_ However, beyond the savings of approximately $1 1000 in TID fees, ODF
fees, and property taxes I see no additional fmancial benefit to the City_ My score on this
criterion only comes from the well thought out assessment by SSBC on how the proposed use
frts with their business, its costs and long-term Dotential economic benefit.
C:\Temp\XPgJp\\ise\09-12 Proposal score summmy Standing Stone,doc
Page 4 of6
(Max. possible score 1251 POints) 20
4.4 Environmental Stewardship ,
Demonstrate that the project development encompass strong elements of environmental
stewardship.
Comments:
SSBC's proposed use has minimal environmental impact, with low airborne, noise, and wildlife
impacts to the property and surrounding area. The small footprint that they claim to need (not
shown on a map) along with the portability of the operation would also lower the potential
impacts, Furthermore some activity on this land could have significant benefit to improving the
soil~e~. vegetation through better management than is currently being done to the unused
orooe .
(Max_ oossible score nO! ooints)
4.5 Wastewater Effluent Use
Demonstrate how and to what extent the proposed project could utilize the effluent discharge 7
from the city's wastewater treatment plant.
Comments:
SSBC's proposal does not specifY the use of the wastewater effluent in the direct operation of
the facility. However, their small footprint leaves the majority of the property open for the
aDolication of the effluent if so aODToved and developed.
,
C:\Temp\XPgrpwise\09-12 Proposal score summary Standing Stone,doc
Page 5 of6
9
(Max_ oossible score 1101 points)
4.6 Adherence to Jackson Co. Land Development Ordinances
Demonstrate comnliance with current Jackson Countv Land Develooment Ordinances.
SSBC's proposal for fannuse mostly results in relatively simple non-discretionary staff review
for the operation. However, they mention that some of the temporary structures might require
Type 2 discretionary review and public comment. This could be an obstacle, but given the
I nortabilitv and small foomrint of the orooosed operation they should be defensible bv SSBC.
Max Possible 90 TOTAL SCORE 75
C:\Temp\XPgrpwise\09~ 12 Proposal score summaJy Standing Stone,doc
Page6of6
,
:\
'1\
ii
'"";,,c,t f C.al;c.ade ,
<~f lfilJ~' f,nvironmenta\
/~~,r'-' 6teograpnic.l;
:,11
;:
Gregory V. Jones, Ph.D.
641 Faith Avenue
Ashland, OR 97520
Tel: 541-552-9192
EmaiI:ceg@ashlandhome.nel
Jim Olson, PLS
Engineering Services Manager
City of Ashland
51 Winburn Way
Ashland, OR 97520
Wednesday, July 21,2010
Dear Mr_ Olson,
Included with this letter are two proposal score summaries for the RFPs received by the City for the
"Beneficial use of the Imperatrice Ranch Property" as requested. In addition, below is a general
evaluation of the RFP and the challenges to a potential successful lease operation between the City and
any interested party.
First, it is clear from the RFP that the lease duratio'n oftwo years is severely limiting to any leasee's
ability to be financially successful. With over $11000 in annual basic costs to use the property along with
any infrastructure development costs and operating expenses, I see this is as a non starter for many
potentially good uses for the property_ This is further evidenced by the fact that only two proposals were
received by the City for this RFP. Furthermore, only one of them is really a proposal to actually conduct a ,
venture on the property, while the other is an offer to work with whoever is awarded the lease_
Therefore my scoring on the two RFPs should not be viewed as equal, the Standing Stone proposal is
clearly applicable and scored as such, while the Natural light proposal is conceptual and scored as such.
If the City must award the lease based upon this RFP, then only the Standing Stone proposal is complete
enough and fits the purpose of the beneficial use of the property. However, the dty should request from
SSBC further evidence ofthe exact area of the property to be used, how water will be accessed, and how
composting and other activities will affect the neighbors.
Overall the review of these proposals leaves me questioning the worth of this RFP process and whether
the City really wants to engage in a creative, community beneficial, and sustainable use for the property.
Overall I recommend that the City rethink the lease duration and conduct an RFP that might attract
numerous worthwhile proposals.
Please feel free to contact me anytime if you have any additional questions.
Sincerely,
Gregory V. Jones, Ph,D.
CITY OF
ASHLAND
BENEFICIAL USE OF THE "IMPERATIVE RANCH" PROPERTY
PROPOSAL SCORE SUMMARY
Project No. 2009-12
Date: _8/9/10_
Evaluation Team:
James Olson (SSBC - 67) (NL - 65)
Morgan Wayman (SSBC - 63) (NL - 62)
Greg Jones (SSBC -75) (NL - 70)
PROPOSER TOTAL RANK
SCORE
Standing Stone Brewing Co. 205 1
Natural Light 197 2, .
~
G:\pub-wrks\eng\09-12 Imperatrice Property\A_Admin\09-12 Proposal score summary Standing Stone 6 30 IO,doc
Page I of6
CITY OF ASHLAND
TECHNICAL EV ALVA nON SHEET
Project Number: 2009-12
Project Name:
Beneficial Use of the "Imperative Ranch" Property
Proposer: .Natural Light
Evaluator [print]:
Date: 6/30/10
. Criteria Pass or Fail
The proposal or requested infomlation was received by the required due
date and time,-(June 29, 2010 2:00 p.m.)' P
Criteria
The correct number of proposals is included (6)
Reouired
Ok
Criteria Ded Detion
Addendum acknowledged by attaching to proposal. 3-point deduction is not
included. 0
G:\pub-wrks\eng\09-J2Imperatrice Property\A_Admin\09-12 Proposal score summary NnttlTal Light 6 30 IO,doc
Page 2 of6
CITY',OF ASHLAND
,EVALUA nON/SELECTION SCORING SHEET
X Pro[JOsill Evaluation
Project Number: 2009-12
Interview Evalllation
Project Name:
Beneficial Useoflhe "Imperative Ranch" PropertY
Proposer: Natural Light.
Evaluator [print]: ,,_J~m~,s,Qhm!- Date: 7/6/10
CERTIFICATION:] do not have any conflict of interest with any proposer resp()flding to this RFP, A
conflict of interest may include any f3liiily members. presently associated witll a proposer, or any financial
relationships with a proposer (does not include past employment). I have. read and rated the proposals
independently, and without interference or pressure frool.anyone, I have noth,id conversation or oth,er
contactWith any of the proposers conceniing this'RFP since it was issued,] have noted any potential
conflicts orconcefns on this form,
Evaluators Signature:
Note To Evaluation Team, mbers: The commen!,section below each scored criteria MUST be
used to justity your scores with reasons and examples/explanations regardless of the score assigned.
Scoring and comments mu.t only be b.asedon the criteria stated in. the solicitation and the
responses submitted in response. Use commen't section tojustity yonrscore. with reasons and
specific examples as necessary. These arc public record and will be shared'with consultants as,
req lIestedd uring debriefing..
.<''t- , . -- '1; , .......'
... IT",. CRITERIA " - . """';;'. SCORE'
" "',,. t' ", " " .
~, . . '.. --
(Max. possible score 1201 Doints)
4.1 Sustainability
Demonstrate the sustainable use of energy orlesourees in the development and,operation of the ]8_
proposed project. -
Comments:
Very good effort, Uses solar for wind nower - education is a big element. , "
, ..,
Slight reduCtion' in scorin~ due to rebellious ttmdi"" .
.
"
:
. -...
,.. ,,' . ' " .
"
G:'pub~\\Tt{s\cng\()l}.121mperatrict: Prripcrty\A Admin\09-12 ProposalscQre sUlllmary Nntural Light 6 30 IQ,doc
- Pllgc3of6'
(Max, possible score 1151 points)
4.2 Public Benefit
Demonstrate how a public benefit may be derived from the Project in the form of recreational
opportunities, open space utilization, trail systems or other lIses,
Comments:
Public benefit is positive but again is dependent upon a master nlan and fundinv !mints,
Goals is good but final outcome is may be different.
,','~ ",
(Max, possible score 1101 DOints)
4.3 Business Plan
Business plan must clearly identify required development capital and anticipated pro tits and
expenses for all phases of development, and must indicate a financial benefit to the city.
Comments:
The business nlan reouires the full use of the 840 acres with a 101mI' lease term than
was DOssible under this proposal.
Again funding is not secure,
G:\pub-wrks\eng\09-12 Imperatrice Propcrty\A _ Admin\09-12 Proposal score summary Natural I .ight 6 30 IO.doc
Page 4 of6
13
Ii. "
li:,'..i'.'::
." '::'
.--"""
'., ":'.'.
',:.i:..::.......,
.' ',.,;,
"', ,,'.."
'.. . " .
o
--
I,:;"
....,..,.,:"
":'<--..',:...,'.
t':;i;:
'.'.......:",.:......'<'..' ,
, ,.'" "'.'
'>,.
........,;:
'--"
. Ii:.' :*:: · ~
,..' '.
. '--.,
(Max, oossible score 1251 ooints)
4.4 Environmental Stewardship
Demonstrate that the project development encompass strong elements of environmental
stewardship.
Comments:
Sensitive occurs to be reserved and rotected but ma assure use of fall 840 acres
No manufacturin or ail' ollution road dust. Does not s ecif how road dust will be
eliviated,
Run off to be controlled,
23
--
(Max. oossible score 1101 ooints)
4.5 Wastewater Effluent Use
Demonstrate how and to what extent the proposed project could utilize the emuent discharge
from the city's wastewater treatment plant.
Comments:
No s cific Ian for use but does state that it would be welcome and ve useful.
G:\pllb.wrli.s\eng\09~12Imperatrice Property\A_Admin\09-12 Proposal score summary Naluml Light 6 30 lO.doc
Page 5 or6
6
--
5
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(Max, possible" score 1101 points)
4.6 Adherence to Jackson Co. Land Development Ordinances
Demonstrate com liance with current Jackson Count Land Develo ment Ordinances,
Does not indicate that an contact was made with Jackson Co,
Max Possible 90
TOTAL SCORE
65
,
G:\pub.wrks\eng\09-12 (mperalricc Property\A~Admin\09.12 Pmposal score summary Natuml Lighl 630 ] O.doc
Page 6 of6
CITY OF ASHLAND
EVALUATIONISELECTION SCORING SHEET
:Ii Proposal EVa!uation
Interview Evaluation
Project Number: 2009-12
Project Name: Beneficial Use. of the "Tmoeratrice Ranch" Prooertv
Proposer: NATURAL LIGHT
Evaluator:
Morgan Wayman
Date 711912010.
CERTIFICATION: I do not have any conflict of interest with any'proposer responding to this RFP, A conflict of
interest may include any family members:presently.associated with a proposer, or any' financial relationships with
a proposer (does.not include past employment), Ihave read and rai~d the, proposals independently, and without
interference or pressure from anyone, T have not had conversation or other contact with any ofthcproposers
concerning this RFP since it was i'sued, I have notc y potcntial conflicts or concerns on this form.
Evaluators Signature:
Note To Evaluation Team 1 m ers: The eo ntsection below each scored criteria MUST be used to
justify your scores with reasons and examples/explanations regardless of the SCore assigned. Scoring and
comments must only be based on the criteria stated in the solicitation and tbe responses submitted in
response.. Use commentsectiontojustify your SCOl'eswith reasons and specilic examples as necessary.
Thcse are public reCOrd and will be~hared with consululllts as requested during de briefings.
'.
, CRITERIA SCORE
'. . "
(Max, oossible score [201 DOints)
4.1 Sustainability 8
Demonstrate the sustainable use of energy or resources in tl)e development, and .operation of the
proposed project.
Co:mment.lf:
Natnral Light proposes the use' of solar allll/(Jrwindpllwer to supply the energy needs of
their proposed farmhouse. and education center. This addresses the slIStainable use of
energy after development but not neceSsarily durin'g,development. ..
.
I
I
I
I
I
I
I
,
i
C:\DOCU1\'1E:";I\Wllymanm\LOCAI...,)-1\Tcmp\XPgrpwl~e\NalUrnl Lighl - Impcratrke - Proposal Score Summllry.dcK:
5
Page 2 of .
(Max, Dossible score nSl ooints)
.
4.2 Public Benefit 13
Demonstrate how a public benefit may be derived from the Project in the form of recreational
opportunities, open space utilization, trail systems or other uses.
Comments:
Natural Light is proposing as part of their land use development; public park w/picnic
tables and beuches, pedestrian trails along the TlD canal, open space areas and passive
park areas as well as outdoor educational and interpretive sign age.
. ".
'.
(Max, Dossible score nOI ooints)
4,3 Business Plan 0
Business plan must clearly identify required development capital and anticipat<<d profits and
expenses for all phases of development. and must indicate a financial benefit to the City,
Comments:
Natural Light does describe the items and preliminary budget amounts to develop their .
proposed project with the vast majority of the funding to be contingent upon obtaining
potential grant money. This would seem to indicate that the viability of the project is
almost entirely depeudent npon the ability to acquire the grants; which is a significant
"unknown" at this juncture. They do not clearly identiry in a comprehensive way any
anticipated profits and expenses. This makes it dirticnlt to accurately assess the quality of
their business plan. They also indicate the need ror a minimnm 10 year renewable lease
which does not match the 2 year requirements or the RFP. Their proposal indicates a
project that would necessarily need to encompass the entire lmperatrice property instead '.'
of the 265 acre limitation called roc in the RFP. '.'
C:\DOCUME-l\waymanm\WCALS-I\Ttmp\XPgrjlwise\Natural Light - Impernlrice - Proposal Score Summary.doc
5
Page 3 of
(Max, possible score 1251 points)
4.4 Environmental Stewardship
Demonstrate that the project development encompass strong elements of environmental
stewardship,
Comments:
Natural Light's proposal indicates a clear and robust sensitivity to the desired
Environmental Stewardship aspects of the development of this property. Wildlife preserve
areas will be protected and preserved and native plant restoration will be addressed.
Various forms of pollution such as; dust, manufacturing and noise, will not be generated.
Storm run-off and soil erosion control will be managed as part of the development and use
of the property.
(Max, possible score 1101 points)
4.5 Wastewater Effluent Use
Demonstrate how and to what extent the proposed project could utilize the effluent discharge
from the City's wastewater treatment plant.
Comments:
While the proposal does indicate that the City's wastewater treatment plant effluent
would be "welcomed" on the site, it does not indicate how or to what extent.
(Max, possible score 1101 points)
4.6 Adherence to Jackson Co. Land Development Ordinances
Demonstrate compliance with CUlTent Jackson County Land Development Ordinances,
Comments:
Natural Light's proposal clearly indicates that all perlinenl Jackson County Land
Development Ordinances will be considered and adhered to
C:\DOCUME-I\waymanm\LOCALS- I\Temp\XPgrpwisc\Narural Light. Im(lL'I'1ltricc . Proposal Score Summary.doc
5
25
.
.
6
..
.
10
Page 4 of
TOTAL SCORE
62
C\DOCUME-I\waymanm\LOCALS-I\Tcmp\XPgrpwisc\Natural Ughl - Impcratricc - Proposal Score Summmy.rJoc
's
Pagt: 5 uf
CITY OF ASHLAND
EVALUATION/SELECTION SCORING SHEET
X Proposal Evaluation
Project Nwnber: 2009-12
Project Name: Beneficial Use of the "ImDerative Ranch" ProDertv
Proposer: Natural Light
Evaluator [print]: Gregory V. Jones Date July 20, 2010
CERTIFICATION: I do riot have any conflict of interest with any proposer responding to this RFP. A
conflict of interest may include any family members presently associated with a proposer, or any financial
relationships with a proposer (does not include past employment). I have read and rated the proposals
independently, and without interference or pressure from anyone. I have not had conversation or other
contact with any of the proposers concerning this RFP since it was issued. I have noted any potential
conflicts or concerns on~his 0
Evaluator9 Signature:
Note To Evaluation Team embers: The comment sectIon below each scored CrIterIa MUST be
used to justil)' your scores with reasons and examples/explanations regardless of tbe score assigned.
Scoring and comment. must only be based on the criteria stated in the solicitation and the
responses submitted in response, Use comment section to justil)' your scores with reasons and
specific examples a. necessary. These are publie record and will be shared with consultaots as
requested during debriefings.
Interview Evaluation
CRITERIA SCORE
(Max. possible score [201 points)
4.1 Sustainability 18
Demonstrate the sustainable use of energy or resources in the development and operation of the
proposed project.
Comments:
Natural Light's proposal outlines 'potential' uses for the property and does not exhibit a .
detailed plan of development that provides for the sustainable use of energy and/or resources for
the property. However, in concept the proposers have given some ideas and examples of other
community models on how the property could meet this goal. But given no specific plans it is
difficult to further assess this criteria. Therefore, the score given for this criterion is only for its
general conceptual framework, not its potential to be applied to this property. To properly
assess this proposal there would need to be much more concrete proposed development and use
aspects detailed.
C:\Temp\XPgrpwise\09~12 Proposal score sumnuuy Natural Light.doc
Page 3 of6
(Max, oossible score IISI ooints)
4,2 Public Beuefit 18
Demonstrate how a public benefit may be derived from the Project in the fonn of recreational
opportunities, open space utilization, trail systems or other uses.
Conunents:
Natural Light's proposal outlines 'potential' uses for the property and does not exhibit a
detailed plan that will result in sound public benefit. However, in concept the proposers have
made a case for a facilityllocation that could feasibly be attractive to many in the conununity,
Their plan outlines many recreational and educational opportunities for the property, which
includes dcveloping a trail system and open spacc areas. Howevcr, an important aspect of the
proposed activities is that it is not clear from their concepts how the plan will differ from that of
North Mountain Park and might even compete with NMP in some ways. But given no specific
plans it is difficult to further assess this criteria, Therefore, the score given for this criterion is
only for its general conceptual framework, not its potential to be applied to this property. To
properly assess this proposal there would need to be much more concrete proposed
development and use aspects detailed.
. (Max. vossible score 1101 voints)
4.3 Business Piau
Business plan must clearly identify required development capital and anticipated profits. and 0
expenses for all phases of development, and must indicate a frnancial benefrt to the city.
Comments:
1 am not qualified to fully assess a business plan for this property and will only speak to my
general feelings about it. Overall the business plan in this proposal is not fully specified, only
giving a 'Preliminary Budget' with estimated amounts for general capital and operating
expenditures. Furthennore, the sources of the funds are mostly given as 'grant' and therefore
not quantifiable at this time, Therefore, the score given for this criterion is only for its general
conceptual framework, not its potential to be applied to this property. To properly assess this
proposal there would need to be much more concrete proposed development and use aspects
detailed.
.
.
C:\Temp\XPgrpwise\09.12 Proposal score summary NatUral Light.doc
Page 4 of6
'-
(Max. possible score 1251 ooints) 23
4,4 Environmental Stewardship
Demonstrate that the project development encompass strong elements of environmental
stewardship,
Comments:
Natural Light's proposal outlines 'potential' uses for the property and does not exhibit a
detailed for environmental stewardship. However, in concept the proposers have detailed a plan
that would include many aspects of environmental stewardship for the property. But given no
specific plans it is difficult to further assess this criteria. Therefore, the score given for this
criterion is only for its general conceptual framework, not its potential to be applied to this
property, To properly assess this proposal there would need to be much more concrete proposed
develo';ment and use asnects detailed.
(Max. possible score 1101 ooints)
4.5 Wastewater Effluent Use
Demonstrate how and to what extent the proposed project could utilize the effluent discharge 7
from the city's wastewater treatment plant.
Comments:
Natural Light's proposal outlines 'potential' uses for the property and does not exhibit a
detailed plan for the use of the wastewater effluent. However, in concept the proposers have
mentioned how the wastewater effluent might be used given their overall plan vision. But given
no specific plans it is difficult to further assess this criteria. Therefore, the score given for this
criterion is only for its general conceptual framework, not its potential to be applied to this
property. To properly assess this proposal there would need to be much more concrete proposed
develonment and use asnects detailed.
C:\Temp\XPgrpwise\09-12 Proposal score summary Natural Lightdoc
Page 5 of6
7
(Max. possible score 1101 points)
4.6 Adherence to Jackson Co. Land Development Ordinances
Demonstrate comnliance with current Jackson CounlY Land Development Ordinances.
Natural Light's proposal outlines 'potential' uses for the property and does not exhibit a
detailed plan of development. However, in concept the proposers have clear experience in
developing sustainable operations and have thought about how they might be applied to this
property. But given no specific plans it is difficult to further assess this criteria. Therefore, the
score given for this criterion is only for its general conceptual framework, not its potential to be
applied to this property. To properly assess this proposal there would need to be much more
concrete nronosed develonment and use asnects detailed,
Max Possible 90 TOTAL SCORE 73
C:\Temp\XPgrpwise\09-12 Proposal score swrunaryNatural Light.doc
Page 6 of6
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Gregory V. Jones, Ph.D,
641 Faith,Avenue
Ashland, OR 97520
Tel: 541-552-9192
, Email.ceg@ashlandhome.net
Wednesday, July 21, 2010
Jim Olson, PLS
Engineering Services Manager
City of A,shland
51 Winburn Way
Ashland, OR 97520
Dear Mr. Olson,
Included with this letter are two proposal score summaries for the RFPs received by the City for the
"Beneficial use of the Imj:>eratrice Ranch Property" as requested. In addition, below is a general
evaluation of the RFP and the challenge's to a potential successful lease operation between the City and
any interested party;
First, it is clear from the RFP that the lease duration of two years is sl!verely Iimitingto,any leasee's
ability to be financially successful. With over $11000 in'annual basic costs to use the, property along with
any infrastructure development costs and operating expenses, lsee this is as a non starter for many
potentially good uses for the property, This is further evidenced by the fact that only two proposals were
received by the City for this RFP. 'Furthermore, only one ofthem is really a proposal to actually conduct a'
venture on the property~ while the other is an offer to work with whoever is awarded the lease.
Therefore my scoring on the two RFPs should not be viewed as equal, the Standing Stone proposal is
clearly applicable, and scored as such, while the Natural Light proposal is conceptual and scored as such.
If the City must award the lease based upon this RFP, then only the Standing Stone proposal is compiete
enough and fits the purpose of the beneficial use of the property. However, the City should requestfrom '
SSBC further evidence ofthe exact area of the property to be used, how water will be accessed, and how
composting and other activities will affe,ct the neighbors.
Overall the review of these p'roposals leaves me questioning the worth of this 'RFP process and whether
the City really wants to engage in a creative, community beneficial, and sustainable use for the property.
Overall I recommend that the City rethink the lease duration and conduct an RFP that might attract
numerous worthwhile proposals.
Please feel free to contact me anytime if you have any additional questions,.
Sincerely,
Gregory V. Jones, Ph,D,
CITY OF
ASHLAND
Council Communication
Housing Authority of Jackson County Refund Request for Fees Relating to the
Snowberry Brook Affordable Housing Project on Clay Street
Meeting Date: August 17,2010 Primary Staff Contact: Bill Molnar
Department: Community Development E-Mail: molnaib@ashland.or.us
Secondary Dept.: None. Secondary Contact: Brandon Goldman
Approval: Martha Be e Estimated Time: 20 minutes
Question:
Does the Council wish to refund a portion of the Community Development and Engineering Services
Fees associated with the Housing Authority of Jackson County affordable housing project on Clay
Street?
Recommendations:
The Housing Commission heard the Housing Authority request at their"regular meeting on June 24,
20iO, and has forwarded a letter to the City Council in support ofa waiver of the full fee amount.
Staff recommends the City Council deny the request for a refund of fees paid unless an interpretation is
made that the fees should not have been required of the development.
Background:
The Housing Authority ofJackson County has requested a refund of$14, 748,29 of the $33,518,85 in
Community Development and Engineering Services Fees that they have paid in conjunction with the
development ofrequired affordable housing units developed within the 60 unit Snowberry Brook
subdivision on Clay Street.
All 60 units within the HAJC Snowberry Brook development qualify as low-income rental housing.
The waiver of fees associated with affordable housing is guided by Resolution 2006-13 which
stipulates that that all qualified affordable units are granted a deferral of System Development Charges
(SDCs), however it further clarifies that only "voluntarily provided" affordable units are automatically
eligible for Engineering Service, and Community Development waivers.
].2 All qualifying ownership or rental units required to be affordable through
density bonuses. annexation, zone change. condominium conversion, or other land use
approval under the ALUO shall be eligible to receive a deferral of the System
Development Charges associated with the development of said affordable units,
],3 All qualifying ownership or rental units voluntarily provided as affordable to
low income households, consistent with section ],] and ],2, above, shall be eligible for
a System Development Charge, Engineering Service. and Community Development Fee
deferral or waiver without obtaining approval from the Ashland City Council.
Of the 60 units under development by the HAJC, all have had their System Development Charges
deferred, and 43 of the units have also received a complete waiver of the Community Development
Page 1 of4
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CITY OF
ASHLAND
and Engineering Services Fees as is provided for in Resolution 2006-13, Planning Staff made the
determination that 17 of the 60 units were not "voluntarily provided" as the original annexation
application required 17 units of affordable housing to be targeted to households earning 60% the Area
Median Income or below. Accordingly, Community Development and Engineering Services Fees in
the amount of $33,518.85 were assessed at the time of issuance of building permits for these
"required" units, The Housing Authority paid the fees to expedite the project with the intention of
subsequently requesting a determination on whether these fees were rightfully assessed.
The attached letter from the Housing Authority outlines the request for the refund. Essentially it
. asserts that Staff should not have considered all 17 units as required by the annexation' as being the
responsibility of the Housing Authority. Rather based on a proportional allocation of density between
the City and the HAJC in originally acquiring the property and identified in the Intergovernmental
Agreement, the Housing Authority believes that they only be obligated to provide 10 of the 17 required
units. Consequently, HAJC has requested a refund of the fees previously paid, associated with seven
of the units, These remaining seven required units and the fees associated with those units would be
the responsibility of the City.
At this time the future development and use of the City's portion of the property has not been defined.
The Parks Commission has voted to acquire 3,75 acres of the property for parks purposes, and there is
approximately 1.25 acres that will retain development potential. There is currently no proposed
development for the 1,25 acre portion although the Council has previously discussed that it provides an
opportunity for mixed income housing which could include low-income housing. As this future phase
of development has not been applied for, or received land use approval, the Community Development
Department takes the position that the HAJC project has satisfied the condition to provide the 17
affordable housing units as required per the original annexation criteria.
The anticipated acquisition of 3.75 acres of the parent property by the Parks Department would
effectively reduce the total density of housing that could be developed on the property as a whole. In
the original annexation the site had 107 unit potential. The Housing Authority retained 60 units of this
density, leaving the City with a 47 unit allocation. In consideration of the dedication of3.75 acres to
parks, and approximately one acre of wetlands, there are approximately 5.25 developable acres
remaining (HAlC 4-acres, City 1.25-acre). The zone allows for a base density of 13.5 units per acre,
for a total of67.5 units. The affordable requirement under the original annexation was for 15% of the
base density. In consideration of this revised base density of70,9 units the site would only be required
to provide 10 affordable units and pay the associated fees on those units. This is presented as an option
(#3) the Council may wish to consider as an alternative to accepting the obligation to provide and pay
the fees for seven low-income housing units,
Intergovernmental Agreement
At a public hearing held on November 4, 2008 the City Council reviewed and approved the proposal to
acquire a 10 acre property on Clay Street in partnership with the Housing Authority of Jackson County
(HAlC). The City and the Housing entered into an Intergovernmental agreement to govern the Clay
Street property land division, and development rights and responsibilities. The IGA apportions the
division of property to be if favor of the City with 60% of the land (6 acres) being conveyed to the City
and 40% (4 acres) being conveyed to the Housing Authority. The IGA also apportions the development
rights for the 107 units previously approved on the property to allow the Housing Authority to develop
Page 2 of4
~~,
CITY OF
ASHLAND
a 60 to 67 unit development with the City retaining the development rights for the remaining 40 to 47
units allowable under the prior planning approval (PA 2007-00802),
Within the IGA the City, or successor developer, has agreed to take responsibility for costs associated
with the development of Phase II of the property, whether it is eventually developed as housing or
Parks. Such improvements will include the remaining half-street improvements on the proposed
interior streets (such as sidewalks and head in parking if needed), and an alley connection to McCall
Street. The costs of intersection improvements at Ashland Street and Clay Street, and other off-site
transportation improvements required as a condition of Planning Approval for the project will be
equitably divided between the City and HAle. The City, or successor developer, would also be
responsible for ensuring any future street and bike path connections are developed between Clay Street
and Tolman Creek Road. The Engineering Department is presently reviewing options for such
connections for incorporation into future Transportation System Plan amendments,
The Housing Authority has cited Section 3(e) of the IGA as indicating that the City and Housing
authority will divide conditions imposed by the annexation, and they take the position that the 17
affordable housing units are one such requirement to be proportionally allocated.
3 (e)Except where specified herein. the parties shall jointly pursue amendments to the existing
development authorizations and shall divide conditions of approval between them. in
accordance with the intensity of the proposed development on their respective parcels"..
Section 4 of the IGA clarifies that the City will not be responsible for paying any portion of application
or permit fees specifically associated with the Housing Authority site review and development and that
the City will not be responsible for paying Housing Authority consultants and professionals.
Council Options:
I) Approve the Housing Authority refund request and proportionally allocate the originally required 17
low-income (60%AMI) affordable housing units between the Housing Authority and the City. HAlC
pays the Community Development and Engineering fees on 10 of the 17, and the City or subsequent
developer is obligated to provide a minimum of seven low income units on the remaining property and
pay the comm.-dev and engineering fees on those units.
2) Deny the Housing Authority refund request and assess all Community Development and
Engineering fees for the required 17 units in the amount of$33,518.85.
3) Accept a revised base density, and a reduction in the corresponding number ofrequired affordable
housing units, in consideration of Parks acquisition of3.75 acres, and require fees be paid on all ten
required units by HAle.
4) The City Council may waive all, or a portion, of the Community Development and Engineering fees.
otherwise required of the development.
A direct waiver of the fees would not obligate that affordable units built on the remainder of
the property as presented in option #2.
Page} of 4
r~'
CITY OF
ASHLAND
Potential Motions:
Move to approve, deny or modify the Housing Authority of Jackson County's request for a refund of
Community Development and Engineering Services Fees.
Attachments:
HAJ C request letter
Housing Commission Letter
Housing Commission Minutes 6-24-10
Intergovernmental Agreement
City contribution/fee table
Resolution 2006-13
Page 4 of4
~.l'
A
HOUSING AUTHORITY OF JACKSON COUNTY
2251 TABLE ROCK ROAD MEDFORD OR 97501
PHITDD (541) 779-5785 FAX (541) 857-1118/ FAX 7794656
June 9, 2010
Bill Molnar
Community Development Director
City of Ashland -
20 E. Main Street
Ashland, OR 97520
Re: Snowberry Brook - CDC and Engineering Fees
Dear Mr, Molnar
On behalf of Snowberry Brook LLC, the Housing Authority of Jackson County is requesting the City of
Ashland and Ashland City Council for a reduction in CDC and Engineering Fees assessed to the
Snowberry Brook Affordable Housing Project located on Clay, Engle, and Villard Streets.
The Housing Authority is not requesting a waiver in CDC or Engineering Fees for this project but rather a
proportionate and equitable split of these fees among appropriate property owners of the entire parent ten
acre parcel in which this project lies. .
As you're aware Snowberry Brook is a four acre site that was subdivided from a ten acre parent site.
This ten acre parcel was purchased with the Willowbrook Subdivision approval (Planning Action #2004-
00141 and #2007-00802) in place. Willowbrook was approved with 107 housing units, 17 of which were
required to be affordable.
Per the conditions of Snowberry's site plan approval Planning Action, HAJC's four acre site would contain
sixty units of the approved Willowbrook density, and Ashland's site would retain 47 units of approved
density. The conditions of site plan approval did not specify the split of the 17 required affordable
housing units between HAJC and the City.
HAJC entered into an Intergovernmental Agreement with Ashland that dictated the parameters of the joint
land purchase, subdivision, site plan conditions and infrastructure improvements. It did not specifically
address the 17 required affordable housing units, Section 3(e) of the IGA does however state "the
parties shall jointly pursue amendments to the existing development authorizations and shall divide
conditions of approval between them, In accordance with the Intensity of the proposed
development on their respective parcels,"
It is the Housing Authority's position that this provision of the IGA dictates that each party would assume
a prorated share of the 17 required affordable housing units based on the share of housing units retained
under the Willow Brook approved density. Snowberry Brook assumed 56% of the approved density of
Willowbrook subdivision and should therefore assume 56% of the required affordable housing.
The City has imposed CDC and Engineering fees for all seventeen units of required affordable Housing
Units totaling $33,518,85 to Snowberry Brook which have been paid by the Authority in order to expedite
project development. .
@
1__'"
.,nMy",n
The Housing Authority is requesting a 44% refund of assessed fees totaling $14,748.29 from the City of
Ashland.
The Housing Authority cordially requests to be placed on the agenda of the next Ashland Housing
Commission meeting scheduled for June 24, 2010 and the City Council Public Meeting scheduled for July
20, 2010 to address this request.
Thank you for your consideration in this malter. I would welcome the opportunity to further discuss this
with you in advance of the Housing Commission or City Council meeting.
Sincerely
~Zy
Program Manager
(541) 779-5785 ext. 1035
Jasonailhaic,nel
tal
~~ll~
CITY OF
ASHLAND
APPLICATION FOR QUALIFICATION
FEE WAIVER REQUEST
Develo ment and Engineering Services Fees
.
ame Of Organization: Housin Autho of Jackson Coun
Name of Applicant for Snowbe Brook LLC
at type of Organization? (CHDO, CDC. Inc, LLC, LLP, sole proprietor, etc.) Housin
ho will sign the Regulatory Agreement? Scott Foster
hat is their position within the organization? (Director, Board. owner, president, etc)
ddress: 2251 Table Rock Road C. Medford
Phone: 541-779-5785 Fax:
~LJ;..g.m;:~ ~S .
Is there City of Ashland funding in the Project? How much?
Project Address: 2233 Villard Street
Assessors Map and tax lot #: 391 E11 C Permit # B0-2009-o0918
Brief Project Description: # of Units- New _60_ Rehab _ Total_60_ Mixed use?: No
Note: a completed fee waiver request is required for each unit covered under a separate building permit,
.BI!i>'~IlI.~~~aQt,g;lt{G.II.l!I,l!I~_~
Executive Director
Zi 97501
541-857-1118
$510,367/ CDBG
Affordable to Households @ 80% AMlor Below
(see attached for incomes by family size)
Sales Price of Affordable Unites)
Number of Units by Bedroon Number:
1 bdr 2br 3br
Household Income (if known):
"'!Illll!!'!lll~':
aalll:~!I'!i .
NA
Affordable to Households @ 60% AMI or Below
59
Rent (Tenant Paid)
Number of Units by Bedroon Number:
1bdr 12 2br 38
$4391$5291$604
3br
10
Building Permit Submittal Date 7/1012009
Community Development Fee (per building permit calculation)
Permit#: BD B0-2009-o0918
$ 9,315,70
$ 6,351,62
$ 15,667,32
Engineering Services Fee (per building permit calculation)
TOTAL FEE WAIVER REQUESTED (Does not include SDCs)
~ ,
I..'.. .
Applicant certifies the following:
For rental Droiects. 1) unites) rents will be restricted to 0-60% Median Family Income Households for a period of not less than
30 years and 2) tenants meet Income guidelines,
Units must be rented or leased at rent levels that do not exceed the maximum allowable rents for the
targeted income during the required Tenn of Affordabllity. Please see attached for current rent schedules.
Applicant will providethe City of A9hland a certification of rents and occupancy requirement within
60 days of inilial occupancy and at any change in tenants.
For homeownershiD Drolects. 1) sales price of affordable units to be consistent with SDC Deferral Program requirements and
2) have household incomes not exceeding 80% of Median Family Income.
The Applicant has the burden of proving to the City Housing Program Specialisfs satisfaction that rents and.
housing prices in fact, qualify for this exemption. In the event a qualifying Low Income Housing development
faUs to maintain qualifying rent or price levels. the amount the Owner must repay will be determined to be in
accordance with the SDC Deferal Program resolution 2006-013.
CITY OF
ASHLAND
APPLICATION FOR QUALIFICATION
FEE WAIVER REQUEST
Community Development and Engineering Services Fees
Housin
Executive Director
Zi 97501
541-857-1118
BD-2009-00913
No
Affordable to Households @ 80% AMlor Below
(see attached for incomes by family size)
Sales Price of Affordable Unit(s)
Number of Units by Bedmon Number.
1 bdr 2br 3br
Affordable to Households @ 60% AMI or Below
59
Rent (Tenant Paid)
Number of Units by Bedmon Number.
1bdr 12 2br 38
$4391$5291$604
3br 10
Building Perm~ SubmittaJ Date 7/1012009 Perm~ #: BD
Community Development Fee (per building permit calculation) $
Engineering Services Fee (per building perm~ calculation) $
TOTAl FEE WAIVER REQUESTED (Does not include SDCs)
B0-2009-00913
1,298,72
885,49
~
pplicant certifies the following:
For rental oroiects. 1) un~(.) rents will be restricted to (l.6()% Median Family Income Households for a period of nolless than
30 years and 2) tenants meet Income guidelines.
Units must be rented or leased at rent levels that do not exceed the maximum allowable ren19 for the
targeted income during the required Term of Affordability. Please see attached for current rent schedule.,
Applicant will providethe City of Ashland a certification of rents and occupancy requirement within
60 days of initial occupancy and at any change in tenants,
For homeownershio oroiecls. 1) sales price of affordable unils to be consistent with SDC Deferral Program requirements and
2) have household incomes not exceeding 80% of Median Family Income.
The Applicant has the burden of proving to the City Housing Program Specialisfs satisfaction that rents and.
housing prices in fact. qualify for this exemption, In the event a qualifying Low Income Housing <1evelopment
fails to maintain qualifying rent or price levels, the amount the Owner must repay will be delermiiled to be in
accordance with the SDC DefeIaI Program resolution 20Q6.013.
CITY OF
ASHLAND
APPLICATION FOR QUALIFICATION
FEE WAIVER REQUEST
Development and Engineering Services Fees
Name Of Organization: Housin Autho of Jackson Coun
Name of Applicant for Snowbe Brook LLC
hat type of Organization? (CHDO, CDC, Inc. LLC. LLP, sole proprietor, etc.) Housin
ho will sign the Regulatory Agreement? Scott Foster
hat is their position within the organization? (Director, Board, owner. president, etc)
ddress: 2251 Table Rock Road C' Medford
Phone: 541-779-5785 Fax:
.:~J.e!!i!ll.llll~~~.
Is there City of Ashland funding in the Project? How much?
Project Address: 337 En Ie St
essors Map and tax lot#: 391E11C Permn# BD-200~0917
Brief Project Description: # of Units- New _60_ Rehab _ Total_60_ Mixed use?: No
Note: a completed fee waiver request is required for each unit covered under a separate building permit
. ~gn .(;!ltg!~lr~gJ1l!.!'J~3'!.!!!.~ " ' ...ll!Jli'~Ii!Ji1J!mIN~!fl:
Executive Director
Zi 97501
541-857-1118
Affordable to Households @ 80% AMlor Below
(see attached for incomes by family size)
Sales Price of Affordable Unit(s)
Number of Units by Bedroon Number.
1 bdr 2br 3br
Household Income (if known): _50%AM1
'llll'1W\I1~;..'l!!"
Q.u8EJilJ~~l:>IIJ;;I:!, .'
Affordable to Households @ 60% AMI or Below
59
Rent (Tenant Paid)
Number of Units by Bedroon Number:
1bdr 12 2br 38
$4391$5291$604
3br
10
Building Permn Submittal Date 7/1012009
Community Development Fee (per building permit calculation)
Permit #: BD B0-2009-o0917
$ 9.315.70
$ 6.351,62
Engineering Services Fee (per building permn calculation)
TOTAL FEE WAIVER REQUESTED (Does not include SDCs)
ilfIII,"ll:ll~ffMI~
~E~I;lI!:I;f.illl(i)
Applicant certifies the following:
For rental Droiecls, 1) unn(s) rents will be restricted to G-6O% Median Family Income Households for a period of not less than
30 years and 2) tenants meet income guidelines,
Units must be rented 0' leased at rent levels that do not exceed the maximum allowable rents for the
targeted income during the required Term of AffordabiUty. Please see eltacl1ed for current rent schedules.
Applicant will providethe City of Ashland a certification of rents and occupancy requirement within
60 days of initial occupancy and at anY change in tenants.
For homeownershiD Drolects, 1) sales price of affordable units to be consistent with SOC DefenaJ Program requirements and
2) have household incomes nol exceeding 80% of Median Family Income.
The Applicant has the burden of proving to the City Housing Program SpeciaUsfs satisfaction that rents and.
housing prices in fact, qualify for this exemption. In the event a qualifying Low Income Housing devalopment
fails to maintain qualifying rent or price levels. the amount the Owner must repay will be determined to be in
accordance with the SOC Oetera! Program resolution 2006-013,
CITY OF
ASHLAND
Housing Commission
20 E, Main Street
Ashland, OR 97520
June 24, 2010
Honorable Mayor and City Council Members
City of Ashland
20 E. Main Street
Ashland, OR 97520
Re: Fee Waiver for Snowberry Brook
Dear Sirs/Madams,
Should the Council consider a request to waive a portion of the Community Development and
Engineering fees on the Housing Authority's Snowberry Brook Development, the Housing Commission
would like to express their support for either a waiver of the requested amount of Community
Development and Engineering fees or a division of the fees charged for the required affordable units in
accordance with the proportion of development density of the land. The Housing Commission reviewed
the Housing Authority's request at its regular meeting held on June 24th 2010, At that time a motion
was passed to forward a recommendation, should the need arise, "to recommend that the Council
waive the entire amount of the Community Development and Engineering fees for those required
affordable units".
Thank you for considering this recommendation, The members of the Housing Commission believe that
communication between the Council and it's commissions is an integral part of ensuring that a
coordination of efforts are used to address the significant challenge of providing affordable housing in
our community.
Sincerely,
,~j 9L-L
Stephen Hauck,
Chair, City of Ashland Housing CommisSion
CITY OF
ASHLAND
ASHLAND HOUSING COMMISSION
MINUTES
June 24, 2010
CALL TO ORDER
Chair Steve Hauck called the meeting to order at4:34 p,m, at the Community Development and Engineering Services Building,
located at 51 Winburn Way, Ashland, OR 97520,
Commissioners Present: Council Uaison
Nikki Pons Eric Navickas, absent
Nick Frost, arrived at 4:40
Regina A vars Staff Present:
Steve Hauck Linda Reid. Housing Specialist
Judy WatClS Carolyn Schwendener, Account Clerk
Commi9Sioners Absent:
Richard Bmin
APPROVAL OF MINUTES
AyarslPons mls to approve the minutes from the May 27. 2010 mccting, The minutes were approved as presented,
PUBLIC FORUM
No one was present to speak
NEW MEMBER INTRODUCTION
The Commissioners welcomed new member lody Waters. Ms. Waters is a professor at SOU. has been involved with
homelessness for several years and also volunteers at Peace House. Waters explained that the teaching assignments at SOU
have been recalibrated for the Fall creating a conflict for her with the Housing Conunission meetings. At this time Waters will
continue her membership with the Commission and make a decision in the near future regarding whether she will be able to
continue.
REPORTS AND UPDATES
Liaison Reports
Council - No report
Parks - No report
Scbool Board - No report
Planning - No report
SOU - Ayars asked Waters if she would be able to help with the recruitment of a new SOU liaison. Waters fell
confident she could find some volunteers in the Fall when the students return and would be happy to assist with that.
StalT - Reid reminded the Commissioners that Project Homeless Connect is tomorrow, June 25th from 9:00 am to 4:00
p,m, at the Medford Armory, The City is sponsoring a Fair Housing Training for Home Owner Associations and
Community Managers, It will take place at the City of Medford offices,
HOUSING AUTHORITY OF JACKSON COUNTY CLAY STREET UPDATE
Brandon Goldman, Senior Planner for the City of Ashland was invited to speak this evening in order to give sOme background
on how this project came to be and how it came to have an affordable housing requirement. Goldman explained that part of the
land use rules through an annexation is that projects are required to have affordable housing, Because it was mandated that
affordable housing be provided and it is based on the density of the development purposed between fifteen and thirty-five
percent of the units have to be affordable. The lower the income level that is targeted the fewer the units. Fifteen percent was
required of this project when it originally was presented back in 2006. A private developer was going to be developing 117
units which dropped to 107, That original development was not constructed and HAlC stepped forward as a buyer and took
over the original application amending it to modity the site review component of where the buildings would be along with
other changes. The City of Ashland worked with the HAlC as a partner, The Planning Department in evaluating whether the
conditions of the original annexation were met had to confirm that at least 17 of the units on the site were affordable. Currently
all 60 units on the project are one hundred percent affordable and meet the criteria, comprehensive plan concept and zoning
density for the affordable housing objective, .
Goldman explained that the first phase was known but the second phase using the remainder of the land has not yet been
designed.
Jason Elzy. the HAlC developer for the Snowberry Brook project introduced himself. Mr, Elzy explained that originally in
February 2009 they were given an estimate of $55.000 for all building pennit fees, Mr, Elzy acknowledged that this estimate
was given before building permits were applied for making it difficult to arrive at an accurate number. Current System
Development Charges and building permit fees that have been paid are $107,000 creating a $50,000 gap in their budget. Mr,
Elzy stated that they feel it is an inequitable split because no where on the site plan approval did it state that the entire 17 units
required to be affordable would be assets to the Snowberry Brook project.
The HAlC would like to make an equitable split of the 17 units proposing a 9.52 split with the City, They are requesting a
refund for the remaining $14,000 in fees, They are not asking for a wavier but asking the City Council to appeal this decision
due to the conditions of the IGA and the financial hardship that this money is placing on the project. The HAlC is respectfully
asking the Housing Commission members to support this request
The Commissioners discussed Mr. Elzy's request.
Pons/Ayars m/s to recommend the City Council to waive the entire amount of fees. Roll Call: Pons, Frost, Ayars. Waters
voted yes, Hauck voted no. The motion passed.
DISCUSSION: PROCESS FOR DEVELOPNG SUB-COMMITTEES
The Commissioners discussed the process they would like to take in developing Ad Hoc and Special Committees,
Frost made a motion that the Chair would appoint the members of the Ad Hoc Committees. Motion failed for lack of a second,
Ayars/Pons m/s that the process for creating Ad Hoc Commillees is done by group consensus with volunteers. Voice Vote: All
ayes, motion passed.
Judith Benjamin, Aaron Benjamin's wife, contacted Reid to discuss setting up a memorial fund in Aaron's name. People can
donate to the Affordable Housing Trust Fund in Aaron's name. That account has been set up through the finance department
and it will be published in both the local newspaper as well as in New York where Aaron had lived before moving to the Rogue
Valley,
DISCUSSION: ANNUAL GOAL SETTING
This retreat is to review the past year's goals and to look at whether they were accomplished or still of interest as well as to
discuss new ones for the coming year. Reid will send out an email with dates and times and arrive at a date that works for
everyone.
FAIR HOUSING: DRAFT ORDINANCE UPDATE AND DISCUSSION
Reid informed the Commissioners that there has been quite a bit of media coverage recently about Student Fair Housing, She
said it would be really hard for the City to include students as a protective class without having some kind of student
involvement in the process. Reid said that when she discusses Fair Housing Laws with landlords, property owners or property
mangers she tells them that these laws do not state that they have to rent to a student, families etc. landlords generally have
objective criteria for screening perspective renters, such as rental history, criminal background, and credit checks. Fair
Housing laws don't change those criteria landlords just need to treat everyone in a clear and objective way.
Hauck would like to see language that identifies students as a protected class included in the ordinances to review. Reid will
move forward with the ordinance which still has to go through legal review but it will help clarifY things and bring our code a
little more inline with Slate and Federal.' We can also mOVe forward with doing some research 'and getting some student input,
outreach and education and finding out what the community needs and seeing if there is some interest with the Council.
Reid reviewed the Fair Housing Ordinance going over the changes, Some of the additions are from State and Federal
2
regulations. Most stem from Fair Housing Council's recommendations offered in the analysis of impediments.
JULY 22. 2010 MEETING AGENDA ITEMS
H9meless Liaison
Homeless Shelters
[)jSCIJssion regarding future meeting times taking into consideration Ms, Water's scheduling need9
UPCOMING EVENTS AND MEETlNS
Next Housing Commission Regular Meeting
4:30-6:30 PM Thursday June 24~, 2010 Community Development Building
ADJOURNMENT - The meeting was adjourned at 6: 10 p.m.
Respectfully submitred tfy Carolyn Schwendener
3
INTERGOVERNMENTAL AGREEMENT
DEVELOPMENT OF 380 CLAY STREET, ASHLAND, OREGON
This Agreement is entered into this L day of ,D~. 2008 by and
between mE CITY OF ASHLAND, an Oregon municipal corporation ("City") and lHE
HOUSING AUTIfORITY OF JACKSON COUNTY ("HAJC"), an Oregon public corporation.
. REOT ALS
A. ORS 190.010 permits units of local government to enter into intergovernmental
agreements for' the performance of any or all functions and activities that a party to the
agreement has authority to perform; and
B. The City in partnership with the HAJC jointly desire to acquire all the Clay
Street Property, (Property) from DRRAM Ashland Limited Partnership, (DRRAM), said
Property being located at 380 Clay Street, Ashland, Oregon and more particularly described
and shown in Exhibit A, attached hereto and made a part hereof by this reference; and
C. The City and the HAJC have executed with DRRAM, a Purchase and Sale
Agreement to jointly acquire from DRRAM at closing: fee simple title, as tenants in common
with an undivided interest in the entirety, (City 60% and the HAJC 40%) to the Oay Street
Property described in Exhibit A; and
D. The City and the HAJC must enter into an intergovernmental agreement as a
condition to closing on the Oay Street Property and the parties must agree to division of the
Property after the sale is final to convey to the City 60% of the total property and the HAJC
40% of the total Property; and
NOW, THEREFORE, in consideration for the mutual covenants contained herein the
receipt and sufficiency of which are hereby acknowledged; the parties agree as follows:
1. RECITALS, The recitals set forth above are true and correct and are
incorporated herein by this reference.
2. DURATION. tORS 190.020(1)(e)). The term of this Agreement shall
commence after execution by both parties and shall expire on June 3D, 2010, unless
administratively extended in writing as provided for herein. The Ashland City
Administrator may extend this Agreement twice, by six (6) months each extension, by
indicating in writing to that an extension of the Agreement is sought under the same terms
and conditions of this Agreement. The extension will be effective upon receipt from HAJC of
written confirmation that the extension under the same terms is acceptable.
HAJC and City of Ashland: Oay Street Intergovernmental Agreement
Page 1 of 9
3, FUNCTIONS OR ACTIVITIES, [ORS 190.020(1)].
(a) . The City and the HA]C shall file and pursue to approval, including any
appeals, an application to partition the Property so that at least two legal
parcels are created. The City parcel(s) shall constitute 60% of the land area
of Property and the HAJC parcel shall constitute 40% of the land area of the
Property. The parties may agree to create a discrete third parcel for the
wetland area to facilitate continuing maintenance by the City; the wetland
parcel may include land contributions from both HAJC and City from those
specified above. This future land division will be in substantial conformity
with the site layout plan, attached as Exhibit B, which gives the HA]C
approximately four (4) acres of the Property and the City approximately six
(6) acres of the Property. Within sixty days of recording of the plat creating
the respective legal parcels, the parties shall complete the division of
ownership interest by conveyance of deeds from one party to the other,
relinquishing any interest in the respective parcel of the other.
(b) The CITY and HAJC stipulate and agree that after closing and surveying,
and concurrent with or prior to filing the partition plat of the Property, the
parties shall jointly dedicate to the public, right-of-way sufficient to
construct City standard street access between the parcels, including
required connectivity to adjacent properties. Said dedications shall be as
generally set forth on the site layout plan attached as Exhibit B. In addition,
the City shall dedicate and HAJC shall not oppose or hinder dedication of
an east-west right-of-way to accommodate vehicular,. pedestrian and bicycle
traffic, to the extent of the property boundaries, to further future
connectivity between Oay Street and Tolman Creek Road. This provision
does not waive any Ashland Municipal Code provision, or waive or remove
any condition of the respective development approvals that requires the
City and HAJC to construct and complete infrastructure improvements to
service the development.
(c) The parties shall also divide the existing development approvals on the
property [including but not limited to Final Plan PA #2007-00802 and
Outline Plan PA #2004-00141] by making joint application(s) to revise the
approved plans to divide the approval into a two phase development plan
corresponding with the partition. The Parties shall pursue such
applications to approval, including any appeal. Notwithstanding the
division of the total land area in favor of the City (60%-40%), the division of
the development approvals favors HAJC, by approximately 20 units based
on density per acre. Phase I shall be the HAJC parcel and shall receive an
HAJC and City of Ashland: Clay Street Intergovernmental Agreement
Page 2of9
allocation of 60 units to 67 units of the 107 approved units in the project.
The approval shall also reserve to the City parcel for future development in
Phase II, the remaining units, (40- 47 units). . Any additional units which
may be obtained by amendment to the outline plan, by density bonuses,
transferable development rights or any other means, shall be reserved to the
City.
(d) HAJC shall be fully responsible for obtaining the required Demolition
Relocation and Review Permit from the City of Ashland Building Division
in accordance with AMC Chapter 15 for any building or structure located
on Phase I or within or partially within a proposed road right-of-away prior
to dedication of internal road right-of-way and construction of
infrastructure for Phase I.
(e) Except where specified herein, the parties shall jointly pursue amendments
to the existing development authorizations and shall divide conditions of
approval between them, in accordance with the intensity of the proposed
development on their respective parcels. The parties acknowledge that the
exact scope and wording of the existing conditions of approval are subject
to alteration by the responsible approval authority in the. modification
process. Neither party shall act in a manner which prejudices the rights of
the other in the land use approval process.
(1) HAJC has agreed to construct and fully fund the following improvements
required as conditions of the development approvals on the property:
i. the ten acre parent parcel's frontage improvement to Clay street shall be
completed by HAJC (Clay improvements) .
n. the street improvements, including pedestrian improvements, adjacent to
the Cooper property to the north along Clay Street, shall be completed by
HAJe.
iii. the dedications and construction of half street improvements on the interior
streets serving the project, shall be completed by HAJe. Said interior streets
include a 52' wide right-of-way abutting the southern and eastern property
lines of the HAJC proposed 4 acres as set forth by the Site Plan Layout
attached as Exhibit B.
iv. The utility extensions associated with development of the parcel, including
but not limited to storm water, electric, water, and sewer, shall be completed
by HAJe.
HAJC and City of Ashland: Oay Street Intergovernmental Agreement
Page 3 of 9
, "The parties acknowledge that the exact scope and wording of the existing
conditions of approval, summarized and allocated above, are subject to
alteration by the responsible approval authority in the modification process.
(For example, the improvements adjacent to the Cooper property may be
reduced in the approval process to pedestrian improvements only). Neither
party shall act in a manner which prejudices the rights of the other in the
land use approval process.
(g) HAJC has also agreed to fund the wetland mitigation plan and its
permitting and implementation, to a maximum cost of $80,000.
Notwithstanding the above limitation, HAJC shall be solely responsible for
mitigation plan permitting and implementation as regards any required
Phase I mitigation. The City and/or successor developer or association of
Phase II, will be responsible for wetland mitigation plan costs in excess of
$80,000 and ongoing maintenance of the wetland area.
(b) The City has agreed, subject to local budget law, [subject to non-
appropriation] to fund the following:
i. City shall be responsible for dedication and construction of the remaining
half street improvements on interior streets serving the project. Such
improvements shall be timed with the development of Phase II whether the
development includes Parks development ?r Housing development, or a
combination thereof.
ii. The City shall be responsible to construct and fund the installation of an
alley connection from the interior streets serving the project to the existing
McCall Drive alley terminating along the south property line associated
with Phase II of the project.
iii. The City shall be responsible for ensuring the installation of any future
street, bicycle or pedestrian connections through the parent parcel
ultimately connecting Oay Street to Tolman Creek Road.
iv. Subject to paragraph, (3)(i) below, the City and HAJC shall complete the
street improvements at the intersection of Clay Street and Ashland Street, as
modified by the Planning Approval.
(I) As regards off-site improvements noted in this Agreement (e.g. f.(ii) and
(h)(iv)1 the City and HAJC agree to negotiate in good faith before, during
and after approval of revised development approvals, to equitably
apportion the improvements between the parties based upon the impact of
the respective developments.:
HAJC and City of Ashland: Clay Street Intergovernmental Agreement
Page 4 of 9
(j) The Parties agree to the following disclaimer:
HAJC is not the City's agent and City is not the HAJe's agent for purposes of
any contracts or commitments made by either party. HAJC is solely responsible
for compliance with public contracting rules for its contracts and City is solely
responsible for compliance with public contracting rules for its contracts.
HAJC and City acknowledge and agree that future development approvals,
including revised outline plan, final plan, final plat, final civil plan (construction
plan approval) and construction permits and building permits are subject to
compliance with all applicable approved plans, approval conditions and
applicable land development regulations in effect at the time the approvals are
sought. No rights to obtain revised development approvals, e.g. revised outline
plan, final plan, plat, or building permits nor any other rights to develop the
Oay Street Project have been granted or implied simply by the City's approval
of this Agreement. The HAJC, or its successors and assigns, may not attempt
to force, coerce or intimidate the City to approve the revised or amended
planS, plats or other grant other development authorizations, including
building permits, by asserting that the City has committed to such approvals
for Clay Street Project based on the theory of vested rights or equitable
estoppel or any other legal theory based on the City's approval of this
Agreement, or other approval, or acceptance of donations or dedications
identified herein. City approval of final development orders requires strict
compliance with applicable approval conditions and the applicable criterion
for approval.
4. PAYMENT. [ORS 190.020(l)(a)]. The City and the HAJC agree to each pay one
half of the application fees for: (1) the application to partition the property and (2) the
application fees to amend the existing development approvals P A #2007-00802 and P A #2004-
00141] to divide the authorized development between the parcels. [For example assuming a
three lot partition, the following fees would be split 50/50: partition $1100; modification
$2831]. City is not responsible for paying any portion of application or permit fees
specifically associated with the HAJC site review and development. City is not responsible
for paying HAJC consultants and professionals nor shall HAJC be responsible for City
consultants and professionals. All surveying and engineering costs associated with the
partition, final plan and outline plan modifications shall be borne by HAJe. The parties may
nevertheless enter into written agreements to share the cost of consultants in making the
applications and pursuing developing plans on the subject site.
HAJC and City of Ashland: Clay Street Intergovernmental Agreement
Page 5 of 9
5. REAL OR PERSONAL PROPERTY. [ORS 190.020(1)(d)). There shall be a
transfer of title to real property at the conclusion of partitioning and after approval of
necessary land use actions. At that time the City will obtain fee simple title to the 60% of the
Property as partitioned under this Agreement, and the HAJC will obtain fee simple title to
the remaining 40% of the Property.
6, TERMINATION. [190.020(1)(f)]. This Agreement may be terminated by
mutual consent by both parties upon notice in writing and delivery by certified mail or
personal service. Such termination shall be without prejudice to any obligations or liabilities
of either party accrued prior to such termination.
7. HOLD HARMLESS. To the extent possible under the limits of the Oregon
Tort Claims Act, City and the HAJC shall hold each other harmless, indemnify, and defend
each other's officers, agents and employees from any and all liability, actions, claims, losses,
damages, or other costs including attorney's fees and witness costs (at both trial and appeal
level, whether or not a triaI or appeal ever takes place) that may be asserted by any person or
entity arising from, during, or in connection with the partitioning of the Property, except for
liability arising out of the sole negligence of the other party or its employees. U any aspect of
this, indemnity shall be found to be illegal or invalid for any reason whatsoever, such
illegality or invalidity shall not affect the validity of the remainder of this indemnification.
8. METHOD AND PLACE OF GIVING NOTICE. All notices, bills, and
payments shall be made in writing and may be given by personal delivery or by mail.
Notices, bills, and payments sent by mail should be addressed as follows:
City of Ashland
Attn: Martha Bennett, City Administrator
20 East Main Street
Ashland, Oregon 97520
Phone: 541-488-2100
Fax: 541-552-2092
Housing Authority ofJackson County
Attn: Scott Foster
2251 Table Rock Road
Medford, OR 97501
Fax: 541-857-1118
and when so addressed, shall be deemed given upon deposit in the United States Mail,
postage prepaid. In all other instances, notices, bills, and payments shall be deemed given at
HAJe and City of Ashland: Oay Street Intergovernmental Agreement
Page 6of9
the time of actual delivery. Changes may be made to the names and addresses of the person
to whom notices, bills, and payments are to be given by providing notice pursuant to this
paragraph.
9. MERGER. This writing is intended both as the final expression of the
Agreement between the parties with respect to the included terms and as a complete and
exclusive statement of the terms of the Agreement. No modification of this Agreement shall
be effective unless and until it is made in writing and signed by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in
two (2) duplicate originals, either as individuals, or by their officers, thereunto duly
authorized.
Dated this ~ day of j)L.~
.2008.
City of Ashland, Oregon
Housing Authority of Jackson County, Oregon
~ Jiq ~
By:
Scott Foster
Housing Authority of Jackson County
Approved as to Form:
Attorney for HAJC
, HAJC and Gty of Ashland: Gay Street Intergovernmental Agreement
Page 7of9
EXHIBIT A
Description of Oay Street Property
Beginning at a point on line between the Southeast Quarter of the Southwest Quarter, and the
Southwest Quarter of the Southwest Quarter of Section 11, Township 39 South, Range 1 East
of the W.M., Jackson County, Oregon, 9.95 chains North of the Southeast comer of the
Southwest Quarter of the Southwest Quarter of said Section 11, thence North along said line,
9.95 chains, thence North 890 1035' West 10.05 chains; thence South 9.95 chains, thence South
8901035' East 10.05 chains to the point of beginning. (Map No. 391E11C, Tax Lot 2500.
Account No. 1-011503-1, Code 5-(8)
.
HA}e and City of Ashland: Oay Street Intergovernmental Agreement
Page 8of9
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Proposed Site Layout for 380 Clay Street
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1"=2001
Snowberry Brook: City Contributions
1:lA!J.eIl!iinilr~i:qu;;.ilioll._J;l':l\r:t" .,".' ",i;!",'.,,~!"Jk:~l1!.\l.Il'B~
.,
Actual Land cost Area Total Cost HAJe cost City Conbibution
$360k per acre 4 acres $1.440.000 $1.280,000 I 5160,000 I
. HAle has committed to contribute $80,000 toward weUancl restoration on City and HAle land.
.. The CitY's aCQUisition of the aDDroximate remaining 6 aaas for 2.16M is not included in the above fiaure.
!':_Qmll,-unitYlQjjy.eI9PI1l~mlBI9:ck\f3i'atltSk1iiWili:d8<l)bY:Wi!Cily ..nd'us8d"dr,~red(lnt8WiJrrOaailm~mentS!l>1~~
Orant year Award
2008 345.000
2009 165.357
10,367
i(o.tiilleJtYle.onQililitionslanillWii'ii.efSi"""'! "';,',
Building Permit Fees $466.969
Land Cost $160.000
COSG funds $510.387
1~13 ~336V"Y' ,.
RESOLUTION NO. 2006- \~
A RESOLUTION AMENDING AND RESOLUTION 2005-46
RECITALS:
A. WHEREAS, in 1993, the City of Ashland passed Resolution no. 1993-39 which
established affordable housing income levels and rental and purchased cost levels.
B. WHEREAS, in 2005, the City of Ashland passed Resolution 2005-46 which
required provisions for homeowner and maintenance fees to be included in the
affordability calculations for its affordable housing program.
C. WHEREAS, neither resolution contained provisions establishing rent levels or
purchase price levels for households earning 60%, 80% 100% or 120% of the area
median income (AMI).
D. WHEREAS, neither resolution required Principal, Interest, Taxes and Insurance
(PITI) to be included in the maximum housing costs of eligible households in the
affordability calculations for the purchasing part of its affordable housing program.
cE. WHEREAS both resolutions used "not-to-exceed purchase price" as a qualifying
criterion for purchasing housing units, which criterion requires annual revision, and the
current resolution seeks to replace the "not-to-exceed purchase price" with a "percent of
household income" criterion which does not require annual revision.
F. WHEREAS, the City considers that a range of qualifying incomes maximizes the
potential for success of its affordable housing program.
G. WHEREAS, the City desires that PITI be included in the affordability calculations
for the various income levels of qualified households and that the "percent of household
income" criterion be used in place of the "not-to-exceed purchase price" criterion.
NOW THEREFORE, THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
Resolutions 1993-39 and 2005-46 are hereby amended in their entirety as follows:
SECTION 1. GENERAL ELIGIBILITY - RENTAL AND PURCHASED HOUSING
~
1.1 All qualifying ownership or rental units required to be affordable through
density bonuses, annexation, zone change, condominium conversion, or other land use
approval under the Ashland Land Use Ordinance (ALUO) shall not be eligible to receive '
a waiver of the Community Development and Engineering Services fees associated with
the development of said affordable units unless a waiver is approved by the Ashland
City Council.
1.2 All qualifying ownership or rental units required to be affordable through
density bonuses, annexation, zone change, condominium conversion, or other land use
approval under the ALUO shall be eligible to receive a deferral of the System .
Development Charges associated with the development of said affordable units.
1.3 All qualifying ownership or rental units voluntarily provided as affordable to
low income households, consistent with section 1.1 and 1.2, above, shall be eligible for
a System Development Charge, Engineering Service, and Community Development
Fee deferral or waiver without obtaining approval from the Ashland City Council.
1.4 Affordable Housing Units covered under this Resolution can only be sold
or rented to occupant households from the same income category as the original
purchasers or renters for a period of not less than 30 years, or as required through the
condition of approval for a unit required to be affordable through a land use approval.
I
1.5 System Development Charges, Engineering Services, and Community
Development Fees may be deferred or waived when units are sold or rented to low-
income persons. For purposes of this subsection, "low-income persons" means:
a. With regard to rental housing, persons with an income at or below
60 percent of the area median income as determined by the Slate
Housing Council based on information from the United States Department
of Housing and Urban Development; and
b. With regard to home ownership housing and lease to purchase
home ownership housing, persons with an income at or below 80 percent
of the area median income as detemiined by the State Housing Council
based on information from the United States Department of Housing and
Urban Development.
2. RENTAL HOUSING -. Units designated for affordable rental housing in
developments which have qualified for density bonuses, annexation, zone change,
condominium conversion, or other land use approval under the ALUO shall be rented to
individuals or households-whose annual income is consistent with the target income
identified in the planning approval. Incomes shall be qualified at the 60% or 80%
median income levels for households in the Medford-Ashland Metropolitan Statistical
Area (MSA). This figure shall be known as the "qualifying household income" and shall
be determined by the City's Department of Community Development in May of each
year from the annual family incomes published by the U.S. Department of Housing and
Urban Development (HUD) for the Medford-Ashland Metropolitan Service Area (MSA).
2.1 Area Median Income - 80%. The rent charged for such affordable rental
housing benefiting households eaming 80% Area Median Income or greater, incluqing
any home-owners association or maintenance fees,'shall not exceed 23% of the
qualifying monthly income (qualifying family income divided by twelve) as provided in
the following formulas:
Studio Apartment 23% of the average of 1 & 2 person qualifying monthly
incomes
1 Bedroom 23% of the average of 2 & 3 person qualifying monthly
incomes
2 Bedroom 23% of the average of 3, 4, & 5 person qualifying monthly
incomes
3 Bedroom 23% of the average of4, 5, 6, & 7 person qualifying monthly
incomes
4 Bedroom 23% of the average of 5, 6, 7, & 8 person qualifying monthly
incomes
The City's Department of Community Development shall maintain a table of
maximum rent levels permitted under these formulas and shall annually update the
table in May of each year.
2.2 Area Median Income - 60% or lower. The rent charged for such
affordable rental housing benefiting households earning 60% Area Median Income or
less, including any home-owners association or maintenance fees, shall comply with the
maximum rents established by the State of Oregon HOME Program based on the target
income qualification as adjusted annually by the Department of Housing and Urban
Development for the Medford-Ashland Metropolitan Service Area. The HOME program
indexed allowable rents are adjusted annually by the State of Oregon Housing and
Community Services Department (OHCS).
2.3. Owner's Obligation. The owner of the affordable rental housing shall
sign a 30-year agreement, or longer depending on the period of afford ability established
through the ALUO, with the City of Ashland that guarantees these rent levels will not be
exceeded and that the owner will rent only to households meeting the income limits.
The agreement shall bind subsequent owners who purchase the rental housing during
the established period of affordability. The agreement shall also require the owner to
allow the unit to be rented to HUD Section 8 qualified applicants and agree to accept
rent vouchers for all of the affordable units when applicable. The City shall file the
agreement for recordation in the County Clerk deed records, Jackson County, Oregon.
2.3.1. Certification of qualifying occupants. The owner of record, or
the designated agent of the record, owner, shall annually file with the City of
Ashland a signed certificate stating the occupants of the record owner's rental
housing units continue to be qualified households, or are a household that
qualified at its initial occupancy, within the meaning of this Resolution, and any
amendment made to it. The City of Ashland shall provide-the record owner or
the record owner's agent with access to a form to complete and sign to comply
with this provision.
3. PURCHASED HOUSES. QUALIFYING. Units designated for affordable
housing available for purchase in developments which have qualified for density
bonuses annexation, zone change, condominium conversion , or other land use
approval under the ALUO must satisfy two criteria.
1. They shall only be sold to occupant households whose:
a. Annual income is consistent with the target income identified in the
planning approval for the development. Incomes shall be qualified
at the applicable 60%,80%, 100% or 120% median income levels
for households based on number of people per household as
adjusted annually by the Department of Housing and Urban
Development for the Medford-Ashland Metropolitan Service Area.
L The maximum monthly payment for a covered unit shall be
established to not exceed the affordability limits, established
above, indicated in following table:
Studio = 1 person household income for the designated income level
1 Bedroom = 2 person household income for the designated income level
2 Bedroom = 4 person household income for the designated income level
3 Bedroom = 6 person household income for the designated income level
4 Bedroom = 7 person household income for the designated income level
Households with a greater or lesser number of occupants shall remain
eligible for covered units but the sale price shall not be adjusted due to
household size above the limits established above.
b. Net assets, excluding pension plans and IRA's and excluding the
down payment and closing costs, do not exceed $20,000 for a household
or $130,000 if one household member is 65 years or older.
c. Mortgage payment does not exceed more than 30% of the monthly
income for the target income level indicated in 3.1 (a)(i) on total housing
costs which includes PITI and any homeowners or regular maintenance
fees.
d. The maximum monthly payment for a covered unit shall be
calculated by utilizing the interest rate for the Oregon Bond Loan
RateAdvantage as updated by the State of Oregon Housing and
Community Services Department.
2. They shall remain affordable as follows:
a. The purchasers of the affordable housing units shall agree to the
City of Ashland Affordable Housing Resale RestriCtion Agreement
establishing a period of afforclability of not less than 30 years. In no event
will a purchaser be required to sell the unit subject to the aforementioned
Agreement for less than his or her original purchase price, plus any
applicable closing costs and realtor fees.
b. For housing financed by Farmer's Home Administration (FmHA),
the affordability shall be assured by the FmHA's recapture provisions
FmHA which require sellers to repay FmHA for all the subsidies accrued
during the period the sellers resided in the housing unit.
SECTION 2. EFFECTIVE DATE. This Resolution takes effect upon signing by the
Mayor.
This r olution was read by title only in accordance with AShlan~iPal Code
~2. .090 duly PASSED and ADOPTED this ~/ day of , , 2006.
SIGNED and APPROVED this LL day of June, 2006.
fJ~"~;"M'
Review as to fonn: .
CITY OF
ASHLAND
Council Communication
Preparation for Approval of the AFN Strate~ic Business Plan
Meeting Date: August 17,2010 Primary Staff Contact: Rob Lloyd
Department: Information Technology E-Mail: 1I0vdr@ashland.or.us
Secondary Dept.: Administration Secondary Contact: Michael Ainsworth
Approval: Martha Benn Estimated Time: 30 Minutes
Question:
Shall City Council formally approve the Ashland Fiber Network Strategic Business Plan?
Staff Recommendation:
,
Staff recommends City Council adopt the AFN Strategic Business Plan, verifying that it meets the
strategic priorities and goals of Council.
"
Background:
As part of the 2010-2011 City Council Goals, Council set the priority of defining "a long term strategy
for the Ashland Fiber Network that improves its financial viability, provides high quality services to
residents, and promotes healthy economic development." The Information Technology Department
(IT) is responsible for the goal and began work in April 2010.
IT staff visited with members of Council, the City Administrator, City department directors, all ISP
partners, and interested community members to ensure the Strategic Business Plan is based on input
from AFN's stakeholders. Strategic goals were derived from comments received from
Councilmembers and the City Administrator, as AFN's executive board. Input from additional
stakeholders helped shape the objectives and tactical approaches used to achieve the strategic goals.
Research and analysis was conducted over the April-June period to assess the options that are detailed
in the document. IT worked with internal and external reviewers in the first half of July, and presented
the plan to Council in Study Session, on July 19,2010. After additional edits based on feedback
received, the Strategic Business Plan is now ready for Council consideration.
Staff will present the strategic goals, management direction, and planned work initiatives to Council.
The plan is primarily strategic and policy-oriented. With plan approval, AFN staff will work with its
vendor-partners to shape specific contracts and implementation of new services offerings.
Council Options:
Council can (I) adopt the plan as is; (2) adopt the plan with specified changes; or (3) direct staff to
rework the plan with new guidance.
Attachments:
Proposed AFN Strategic Business Plan dated August 20 I 0
Mayor's Summary of Meeting with ISPs
Page I of I
r.l'
Ashland Fiber Network
Strategic Business Plan
August 2010
City of Ashland
Information Technology Department
~~,
..- --- ---
1lpage
_ __ _ _ u __ _ U~ _ _ _ _~ _ _
Executive Summary
As of August 2010, the City of Ashland's telecommunications utility provides
consumers with two types of services: (1) Wired and wireless Internet access
sold principally through partnerships with local business resellers and (2)
cable television via a local company that holds a franchise and a contract with
the City to operate on Ashland Fiber Network's (AFN) infrastructure. The
utility serves approximately 4,200 Internet customers and about 1,800 cable
television subscribers.
This strategic business plan combines elements of business planning and long-
range strategic planning used in government to define AFN's purpose and
business. That approach helps balance the telecommunications utility's
conflicting roles as public service and revenue-supported utility. However,
while AFN's history and past finances are pertinent, it is more important that
the City of Ashland has a plan for AFN's future that meets outcomes required
by the City and its leaders.
AFN's management assessed the telecommunications utility's business and
financial stability as of mid-2010. AFN's business model was deemed viable
for a maximum of three years based on the advent of emerging Internet-
based entertainment technologies. Two primary options were. identified for
AFN's future: (1) Selling the utility or (2) reorganizing around a business model
centered on revenue from new services.
Analysis showed the sale of AFN likely would net a small fraction of the
amount needed to payoff the 2004 bond issued by the City to cover AFN-
related costs. Sale price estimates were based on revenues, value of assets,
and customer value approaches. AFN's customer count represents its highest
valuation, but falls well short of bond obligations.
Reorganizing AFN as both an Internet provider and channel partner for
telecommunications services has the most long-term financial advantage to
the City of Ashland. This option contributes the most to operating costs, debt,
municipal services, and maintains economic development benefits.
This strategic business plan re-centers Ashland Fiber Network as a
telecommunications utility that (1) retains its high-speed Internet business; (2)
grows revenues through adding products and services customers demand; (3)
attracts customers through valuable online municipal services and a
community-owned message; (4) works with local partners to develop new
services offered; and (5) clarifies the relationships AFN has with its vendors by
defining wholesale-retail and full partner contract options.
21Page
Successfully implemented, the plan achieves the goals AFN carries into its
2011 fiscal year. Ashland's residents would have access to a basic level of low-
cost service that channels customers towards additional services offered and
Ashland-specific information. This customer acquisition strategy positions
AFN to have stronger financials. It would also aid in attracting potential
buyers in the future, retaining the option of selling AFN at a higher price at a
more opportune time, if desired.
Analysis of business and revenue models show AFN must move quickly to
implement the 2010 objectives detailed in this plan. The aggressive schedule
has associated risks, but is necessary to reposition AFN before its revenues
deteriorate seriously. Key recommendations and work for the fiscal year
includes the following:
o Provide products and services customers demand within the AFN
channel. Do not eliminate historical partner relationships with local
businesses. Instead, replace ISP partner agreements with new
contracts to vendors that provide Internet and other services to
customers through AFN. Work with existing and new partners to
identify, test, pilot, and roll out new services.
o Offer a low-cost basic access level for all Ashland community
members. leverage this service to attract customers to AFN and
additional services.
o Improve customer acquisition and retention through one-call signup,
an updated website that channels product options, integration with
utility connections, an emergency notification system, and superior
customer service.
o Control growth of critical costs by securing a more advantageous
Internet bandwidth service contract.
o Enhance revenues through a new cable television services contract
that addresses high-definition channels, IP-based television options,
and more robust service bundles.
o Adjust staffing levels based on workloads and make better use of
contract services for variable work needs.
o Grow AFN's economic development role for the Ashland community
by working with related City of Ashland efforts, the Ashland Chamber
of Commerce, and the area's economic development organizations to
playa role in attracting and retaining businesses to Ashland.
o Address telecommunications needs identified in the City's economic
development plan through AFN's capital system plan.
o Communicate more effectively with City Council and the City
Administrator. As the telecommunications utility's executive board,
maintain regular communications on performance metric~ and
3lpage
planning items. Improve public communications related to AFN's role
in the community and progress on its financial goals.
. Implement a new AFN rate structure that moves away from universal
flat pricing and towards a structure sensitive to consumer and
business needs. Matching products with customer type, coupled with
incentives for sales partners, should increase AFN's revenues.
The work plan above is anticipated to stabilize AFN's revenues from existing
business lines at $1.9 million, reflecting the revenue trends observed in Fiscal
Year 2010: Based on the success of new products, services, and contracts in
the wireless, cable, and partner-based business lines, new revenues are
projected in the $105,000 to $280,000 range. Resulting total revenues of $1.9
million to $2.1 million are against $2.0 million in projected expenditures, after
cost savings that have been executed or are in process. These figures do not
count the one-time payment from reserves towards bond debt and does not
sacrifice important capital investments into the infrastructure.
Heading. forward, the foundation set in Fiscal year 2011 sets AFN on a strong
course for positive net revenues in the 2012 and 2013 fiscal years. Current
projections indicate achieving positive Average Revenue per Customer of
between $2 and $29 is a realistic over that period.
.
"
41Page
Table of Contents
Strategic Business Pia nning........................................................................................................................... 9
Business Defi n itio n .................................................................................................................................. ....10
Sho rt History............................................................................................................................ ................10
Busi ness Description .............................................................................................................................. .11
Mission Statement..................................................................................................................... ........ .11
Existi ng Prod ucts and Se rvices .......................................................................................................... ..11
Marketing....................................................................................................................... .....................13
Distributio n I nfrastructu re ................................................................................................................. .16
Management Direction.......................................................................................................................... .18
Strategic Goals............................................................................................................................ ........ .18
Core Va lues.................................................................................................................................... ..... .19
Prici ng a nd Prod uct Differentiation .................................................................................................... 20
AI ignment with City Cou nci I Va lues.................................................................................................... .20
Business Pia nning ................................................................................................................................. ....... 2 2
Sum mary Ana lysis ....................................................................................................................:............ .. 2 2
Historical Fina ncia I Performa nce......................................................................................................... 22
Stre ngths and Opportun ities.............................................................................................................. .25
Wea knesses and Th reats.................. ................................................................................................... .26
Options..................................................................................:............................................................ .27
Fo reca sts ............................................................................................................................................... ..29
Expenditures........................................................................................................................................29
Reven ues .......................................................... :.................................................................................. 2 9
Operati ng Pia n- Yea r 0 ne .................................................................................................................... .30
New I nte rnet Ba ndwidth Co ntract ...................................................................................................... 30
New Ca ble T elevisio n Contract........................................................................................................... .30
New Busi ness Services Pa rtne r Contracts.......................................................................................... .31
1m plement New Rates a nd Prod ucts.............................................................. ......................................31
Wholesa le/Pa rtne r Co ntract 0 ption ................................................................................................... 32
Esta blish AFN Boa rd ............................................................................................................................ 34
On-Netwo rk IP Television................................................................................................................... .35
Public Pe rce ption................................................................................................................................. 35
5lpage
De bt payme nt Pia n .............................................................................................................................. 35
Reo rga nization of 0 perations ............................................................................................................ .36
Implementation of AFN Ca pita I Pia n ................................................................................................... 3 7
Control I i ng Costs............................................................................................................................ ..... 38
Co ntri bute to Econom ic Deve 10 pment................................................................................................ 39
Implement Wireless Service and Begin Connected Community.........................................................39
Ma rketi ng and Ma rket Sha re ............................................................................................................. .40
Se mi-An n ua I City Co unci I Update Re ports..........................................................................................42
o perati ng Pia n -Through Yea r Th ree .....................................................................................................42
Reevaluate Divesti ng AFN .................................................................................................................. .42
Continue Implementation of Capital System Plan ..............................................................................42
Reco nstitute Ca pita I Rese rves.............................................................................................................43
Co nti n ue Expa nsion of Va lue-Added Services.................................................................................... .43
,
Skills Ga ps a nd Training...........................................................................................................,.......... .43
Annual Strategic and Business Planning Update.................................................................................43
T e n- Y ea r Horizon............................................................................................................................ .........43
Staff Successions............................................................................................................................. ....43
. Ca pita I System Tra nsition ................................................................................................................... .43
I ncrea se De bt Contributio n ................................................................................................................ .43
Appe nd ix A -Sta ke ho Ider I n put................................................................................................................ ..44
Appendix B-Detailed SWOT Analysis ........................................................................................................46
Strengths...... ......................................................................................................................................... ..46
Ca pa ble Business Pa rtners ................................................................................................................. .46
Bu i It-Out and Sta ble I ncum bent.............................. .............................................................................46
Customer Service............................................................................................................:....................4 7
local Econom ic I m pact........................................................................................................................4 7
low Custome r Churn......................................................................................................................... ..48
Community Support for local Services ..................:............................................................................48
Wea knesses ........................................................................................................................................... ..49
lim ited Customer Base........................................................................................................................49
I nd i rect Brand i ng/Bra nd Confusio n ....................................................................................................49
Mixed AFN-City IT Operations..................................................................................... ....................... .49
Va lue of ISPs ....................................................................................................................................... . SO
Stale Product Mix and lack of Bundles ...............................................................................................51
Com bi ned Consumer -Busi ness Rates................................................................................................. .51
61Page
Pu blic Perception................................................................................................................................. 51
Revenue Risk................................................................................................................................ ...... .52
M issi ng Cove rage Areas...................................................................................................................... 52
o ppo rtu n ities ................................................................................................................... ....................... 53
Evo Iving High-Speed Ca ble Techno logies............................................................................................ 53
Wireless Services................................................................................................................................ . 54
Ca ble Se rvices R FP ............................................................................................................................... 54
I nternet Service Provision.................................................................................................................. .55
Com m unity I nternet Access................................................................................................................ 56
Additiona I Service Offeri ngs ................................................................................................................ 56
G ra nts ................................................................................................................................................. .58
Billing Services.............................................................................................................................. .......58
Sell or Fra nch ise AFN System .............................................................................................................. 58
Ba ndwidth Contract ........................................................................................ ~................................... 60
Threats.......................................................................................:.............................................................60
Bandwidth Consum ption..................................................................................................................... 61
Ove rhead Costs a nd Debt.................................................................................................................... 62
E me rgi ng Technologies...................................................................................................................... .64
Open Gove rnment a nd Com petition................................................................................................... 65
Append ix C -Cu rre nt AFN Rates Structu re ................................................................................................. 66
Append ix D- Draft AFN Rates 5tructu re..................................................................................................... 67
Appe nd ix E -AFN Max Wire less Cove rage.......................................;.......................................................... 69
Appendix F - Ash la nd Census Data ............................................................................................................. 70
7lPage
CONTACTS
Citv of Ashland. Administration DeDartment
20 East Main Street, Ashland, OR 97520
Martha Bennett, City Administrator
541-552-2103
be n nettm (alash la nd.o r. us
City of Ashland. Information Technologv DeDartment
90 N Mountain Avenue, Ashland, OR 97520
Rob Lloyd, CIO/Director
541-552-2314
1I0vdr(alashland.or.us
Michael Ainsworth, AFN Operations Manager
541-552-2316
ainswm(alashland.or.us
Richard Holbo, Telecommunications Engineer
541-552-2308
holbor(alashland.or.us
81Page
Strategic Business Planning
Ashland Fiber Network (AFN) serves as both a business enterprise and a government entity.
Organizations like these are managed under a blend of public expectations and non-tax revenue
requirements that often conflict. As such, traditional business planning tools are not sufficient to
organize AFN's direction. Elements of long-range government planning must also be applied in order for
leaders to set a mission and goals that balance the roles of providing a public service and operating in a
way that is fiscally sound.
A clear vision will allow AFN to move along a path that is understood by its stakeholders, is beneficial to
the community, and positions AFN to be a contributing asset for the City of Ashland. This plan
references AFN's history and past performance, assesses current conditions and constraints, and
incorporates stakeholder input. It also addresses community needs and economic development in
defining the goals AFN must take on to remain a viable enterprise.
This process defines AFN's business direction from 2010 until 2013, as well as laying a longer-term
framework to react to the telecommunications landscape that continues to evolve. Toward achieving
that outcome, the plan must describe elements of AFN's products and services, marketing approach,
operations and organizational structure, and financial performance goals.
For various reasons, Ashland Fiber Network has struggled to define a focus beyond operational
effectiveness throughout its history. This plan aims to define a concerted vision for AFN. By organizing
resources around a plan that meets those desires, the utility's business and staff can be evaluated for
their performance on specific measures, course corrections will fit with the enterprise's long-term
direction, and AFN can avoid further drastic changes in purpose, whether perceived or real.
91Page
Business Definition
Short History
The City of Ashland's Electric Department originally presented its case to create Ashland Fiber Network
(AFN) in the late-1990s. The proposal responded to the regulatory, market, and public environments of
the period. It was a conspicuous time with high-technology industry taking hold, stock markets at
historically high levels, capital markets flush with low-interest money, the Federal government
prioritizing telecommunications services outside of major metropolitan areas through the Federal
Telecommunications Act of 1996, and deregulation of energy markets setting an unknown future for
public utilities providers. Ashland Electric Department presented the creation of AFN as an opportunity.
The City could create a telecommunications utility to meet new demand for communications services in
Ashland while diversifying and buttressing the City's electric business. Electric rates were also pledged
in support of the effort.
Ashland's City Council approved the Electric Department's plan to build a fiber optic communications
ring in February 1997 and the City's AFN Implementation Team was formed. The AFN business plan was
presented by the Electric Department to Ashland's City Council in late-1998 and was approved by
Council. That plan intended for Ashland Fiber Network to be self-supporting through revenues, with
initial construction debt repaid by operating revenues within a ten-year period.
The AFN project experienced financial problems quickly after launch. Charter Communications
purchased TCI and rebuilt their network in Ashland to create an equal alternative. Price competition
ensued and AFN construction costs went significantly over budget. The telecommunications utility
failed to generate positive net revenues from inception and a critical moment for Ashland Fiber Network
came in 2004, when the City of Ashland determined that AFN would never be able to pay its business
and intra-fund loans. $15.5 million in bonds were issued to consolidate AFN-related debt and to provide
a modicum offinancial certainty.
AFN continued to struggle to define its business and identity over the ensuing years. Various mangers
all brought their own strategies, focuses, and organizational structures to attempt to make AFN viable.
Restructurings included staff moves, separating AFN from Ashland's Electric Department, investing in
new products to sell that did not materialize, contracting out operation of AFN's cable television
business line in late-2006, refocusing on providing wholesale Internet service, and even crossing
resources between AFN and the internal City technology division. That lack of long-term clarity has
contributed to the mixed results and weak financial performance that exist today. .
Ashland Fiber network has struggled during the period when its cost pressures were much lower and net
revenues could have been much higher. Internet service provision continues to transform into a
commodity, with characteristically low margins and limited growth potential. Indeed, Internet-based
entertainment and communications services carry more value than the infrastructure those services
operate on. Today, Ashland Fiber Network is a decade old and operates primarily as an Internet service
wholesaler. Its revenues have not met operating and debt expenses, and capital reinvestments into the
AFN infrastructure have been nominal at best. Though on a performance basis, AFN has shown strong
record of meeting standard operating measures, it is not yet positioned to offer the new services
customers demand in terms of planning, resources, contracts, and projects.
10 I P age
Business Description
Ashland Fiber Network provides advanced telecommunications services to the Ashland Community.
Services currently include Internet access and cable television. Its customers are Ashland's businesses,
. ,
residents, and visitors. AFN's customers are constrained geographically to the city, inhibiting long-term
revenue growth based on customer volume. Opportunities do exist to support neighboring local
governments.
Mission Statement
Provide Ashland with a public telecommunications utility that creates opportunities and enables our
citizens, businesses, and municipal government to thrive as a connected community.
Existing Products and Services
Following are Ashland fiber Network's current products. AFN's products are commodity services in
nature and almost identical to those of alternative providers. Though product features are essentially
the same, AFN can differentiate itself on other factors, such as the having a citizen-owned service,
providing superior customer service, and the positive local economic impacts of using locally-owned
services and partners.
Wholesale Internet
Ashland Fiber Network's primary business line is wholesale Internet service provided in partnership
with local businesses, called "ISP partners". This service provides the physical network connection
between customers and the Internet at defined service speeds. AFN is responsible for the
supporting infrastructure and contracting for the bandwidth to support aggregate usage.
Current partners include Ashland Home Net, InfoStructure, Jeff Net, and Computer Country. In
aggregate across all its ISP partners, AFN has approximately 4,200 customers, generating almost
$1.54 million in Fiscal Year 2010 revenues.
3-Year Customer Count Trend
07/08 07/09 07/10 3-Yr Change
Ashland Home Net 1301 1402 2159 858
Infostructure 1048 992 957 -91
Jeffnet 679 682 723 44
Computer Country 287 269 252 -35
Hunter/Core Digital 2 4 3 1
'Open Door 487 474 0 487
'Project A 185 158 0 -185
'Pure Geek 54 124 0 -54
*Rio 26 23 0 -26
Totals 4069 4128 4094 25
, .
11 I P age
.
Customer Count by ISP Parnter
4500
4000 -Ashland Home Net
3S00 -Infostructure
3000 -Jeffnet
" ZSOO -Computer Country
."
1= - -Hunter/Core Digital
~
x ZOOO
<[ - *Open Door
1S00
-*ProjectA
1000
-*PureGeck
SOO -*Rio
0 -Totals
06/08 1Z/08 06/09 lZ/09 06/10
'Open Door and Project A merged with Ashland Home Net, 11/1/09. Pure Geek was
acquired by Ashland Home Net, 12/11/09. Rio no longer offered AFN seNices as of 4/1/1 0
Wireless Internet
AFN carries approximately 40 customers on the utility's AFN Anywhere, AFN Rural Wireless, and AFN
Max services. AFN Anywhere is a WiFi service operating primarily in Ashland's downtown area. AFN
Rural is also a WiFi service, but focused on customers in areas on the periphery of Ashland's
boundaries. AFN Max is the telecommunications utility's high-speed WiMax service, which is
currently being piloted with three customers. Total revenue from all wireless Internet services in
Fiscal Year 2010 was approximately $6,000. This business line has the highest potential for growth.
Retail Internet
Approximately 60 customers connect directly through AFN and not through an ISP partner. AFN's
direct retail customers mostly enrolled through an unadvertised on-network web page and pay a
higher rate ($42) than the average of what ISP partners charge. This price is set to compete with ISP
partners. Total revenue from this subdivision in Fiscal Year 2010 was about $27,000.
High-Speed Data
Ashland Fiber Network functions as a direct high-speed data retail provider to a small set of
customers. Services include gigabit direct fiber-to-the-premise (FttP) services to almost 20 Ashland
businesses that require high-end telecommunications services. These are higher-revenue accounts
and represent approximately $200,000 in revenues for AFN annually.
Cable Television
AFN's cable television operations are contracted out to a local company through a head-end lease
agreement. When the City elected to end its internal cable television operation, it conducted a
formal Request for Proposals process to maintain Ashland's cable television alternatives. In this
manner, Ashland preserved lower rates resulting from competition for residents and generated
revenue on existing infrastructure. The company offers analog cable television service to about
1,800 customers. The contract accounts for approximately $110,000 in revenues for AFN annually.
12 I P age
AFN's head-end lease agreement for cable television services expires in late 2010. As of July 2010,
the utility has begun preparations for a new request for proposals (RFP) process to replace the
contract. The RFP is planned for release in August and will address capacity to offer service
"bundles" to match those offered by alternative providers, as well as cover more of AFN's
infrastructure maintenance costs and costs of regulatory compliance.
Marketing
Ashland Fiber Network, in its role as a wholesaler, expends approximately $25,000 annually on
advertising to promote the AFN brand. The challenge inherent in directly marketing the AFN brand is
that it detracts from the ISP partner relationship and draws customers directly to AFN instead of to
ISPs. Even when an AFN representative signs customers up with ISP partners over the phone, the
AFN-ISP partner relationship confuses many consumers. Further, AFN's low customer acquisition rate
reflects a minimal marketing approach on the part of ISP partners that will not capture more of the
Ashland market over time.
AFN's work with ISP partners on defining AFN as a co-brand can and must be improved to achieve
market share goals. Models that use incentives for increasing revenues, acquisition of new customers,
and customer satisfaction are an untapped tool for AFN and will play an essential future role.
Customers
Citizens of Ashland are generally well-educated, technologically sawy, and are apt to adopt new
products and services quickly. These customers also show a tendency towards buying local and
supporting their community.
The City's demographics trend toward a mature community. The City's population is predominately
over 18 years old (-80%), and has a relatively high population cohort over the age of 65 years old
(-15%). The over-65 demographic tends to have a high level of disposable income and, so, is highly
sought-after. The employed workforce largely is in the Healthcare, Retail/SerVice, Social Services,
Manufacturing, Construction, and Federal/State/local Government sectors. The large proportion of
Ashland businesses are small businesses employing nine people or fewer. The community's few,
large employers include Southern Oregon University (-775 employees), the Oregon Shakespeare
Festival (-500 employees), Ashland Community Hospital (-400 employees), Ashland Public Schools
(-300 employees), and the City of Ashland municipal government (-250 employees).
Currently there are approximately 4,200 active modems in the City of Ashland subscribing to AFN.
Due to Ashland Fiber Network's relationship with its retail partners, AFN lacks most customer and
service data. This makes it difficult forAFN's management to react to emerging demand on
anything but a broad level.
Current Demand
Customer bandwidth consumption averages just over 350 Mbps as of the end of AFN's 2010 fiscal
year. This was a one-year increase of about 100 Mbps, or 40%. Based on industry reports and
surveys of communities with municipal telecommunications networks, this growth rate is roughly
representative of the national trend. Usage is expected to rise at an even faster rate through the
end of the 2010 calendar year.
131 Page
While the bandwidth usage growth rate is consistent with the nation, in Ashland the average per-
customer bandwidth usage is as much as three times higher than in other fiber network
implementations. Without detailed market research, the operating assumption is that Ashland's
high bandwidth usage rates reflect its larger proportion of telecommuting workers, small
businesses, and consumers attempting to stay connected with distant friends, family and cultural
events.
Bandwidth Growth on AFN
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Market Share
Ashland Fiber Network's Internet service market share is estimated at 41% of all households;
business accounts are not distinguished due to lack of full customer data. There are approximately
1,300 homes for which AFN cannot provide wired services due to various construction, contract, and
funding issues associated with the original AFN build project. This puts AFN's market share at just
over 47% for homes it can reach. The telecommunications utility will use the broader market share
rate as its performance metric due to efforts to broaden high-speed Internet services to reach all of
Ashland.
Ashland.lnternet Market Share
8000
. (us.tomers
. Non-Customers
12000
10000
6000
4000
2000
o
2007 . 2008 2009 2010 2011 2012 2013
(Est) (Proj) (Proj) IProj)
14 I P age
Customer Churn
AFN ISP partners acquire new customers at an average monthly rate of less than 0.6%, quarter-to-
quarter. This acquisition trend is somewhat positive and highly consistent over the time period. 15P
partners have not invested heavily in continuous advertising AFN services to date, with the
exception of Jeff Net, which contributes to a very slow growth rate.
5000
4500
4000
3500
3000
,
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,
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FY07 FY07 FY07 FY07 FY08 FY08 FY08 FY08 FY09 FY09 FY09 FY09 FY.fO FY10
90
AFN's churn rate is steady at approximately 21% per year. The telecommunications industry
typically has one of the highest churn rates of all major sectors based on low switching costs and
similarity of products across alternative providers. Indeed, moving to a new cable or Internet
provider, wireless carrier, or phone company is most often a quick and easy process, leading to an
average telecommunications churn averages just above 30%, according to a 2009 international
study from Sweden's lulea University of Technology. That study also showed churn rates to be
consistent internationally.
AFN's churn rate consequently places it at the low end relative to national companies. This is very
desirable as it tends to require less marketing costs to reacquire customers with no increase in
overall revenue. However, the churn rate is also difficult to put into perspective. AFN's churn rate
may be low because of customer loyalty, attraction to a community-owned utility, a shortage of
equivalent options, distaste for competitors in the marketplace, the churn rate in the southern-
Oregon region may simply trend lower than average, or any combination thereof. In any case, AFN
should work to maintain its low customer attrition.
Customer Preference and Growth Trends
A foremost trend in the current telecommunications industry landscape is consumer adoption of
smartphones with wireless entertainment and connectivity options. The popularity of Blackberry
devices in the business space and then mass adoption of Apple's iPhone on the consumer side have
shaped this movement. The recent and massive release of Apple's iPad, fast growth of devices
based on Google's Android operating system, new non-telephone functions, and expansion of Apple
and Android applications stores all point towards an accelerating trend for the coming two years.
The number of customers using the Internet by smartphones is impressive and is affecting the entire
telecommunications industry. Although smartphones services are driven by the respective cellular
carrier of the device used, small businesses such like those in Ashland require options to access that
market. These are needs AFN and its business partners can help meet.
15 I P age
Under the trend towards service bundling, companies typically offer some combination of television,
telephone, and Internet services to customers with additional savings for each additional service
brought to the company. For example, a customer with cable television may opt to add telephone
service with a $5 discount, and then opt to add Internet service for an additional $5 discount.
Bundles decrease the revenue margin on services, but attract and retain customers. Customer
. churn rates decrease when a customer has increased difficulty moving multiple services to
alternative providers. Only one AFN partners currently offers a service bundle option:
Growing AFN to obtain a commanding market share will be difficult. Internet access is a commodity-
type service offered within a highly competitive telecommunications industry. Price is the driving
factor for many customers and AFN has no prospects for obtaining Internet bandwidth at rates
lower than Qwest and Charter. The situation is the same for AFN's cable television vendor's ability
to obtain better prices for programming. Coupled with a finite number of businesses and residents
within Ashland's boundaries, expansion will reflect a mature arid slow-growth market model.
Industry Trends
Cellular service providers are currently advertizing "broadband" services to consumers and are
positioned to shape a large portion of Internet usage due to the increasing prevalence of web-
enabled mobile devices. Increased bandwidth demands connected ~o this trend have begun to hit
cellular carriers. Capacity on some networks and for some popular services is at its limits. Other
carriers have recently invested billions of dollars in augmenting their networks. Key factors with the
growth of smartphone-based Internet usage are how it affects bandwidth usage trends and whether
wireless services begin to replace wired access-e.g., telephone companies struggled against
dwindling revenues as cellular companies have grown.
Bandwidth utilization by customers is another broad industry issue. Telecommunications companies
are working to find tools to tamp down certain types of consumer behaviors, such as Comcast's
pursuit of controlling traffic to suspect file sharing sites. These efforts have implications to "net
neutrality", or the belief that all traffic on the Internet should be treated equally. The Federal
Communications Commission has already signaled its intent to regulate how Internet providers are
allowed to manage traffic on their networks. This has the potential to shape some of AFN's network
management options, such as utilization-based rate structures and download usage limits.
Distribution Infrastructure
The 2009 American Reinvestment and Recovery Act's (ARRA ) Broadband Stimulus program defines
"broadband" as a terrestrial data delivery service capable of speeds of at least 768 Kbps downstream
and 200 Kbps upstream. The four current technology standards capable of providing data at those
service levels are Digital Subscriber lines (DSl), Hybrid Fiber-Coaxial (HFC), Passive Optical Networks
(PON), and Worldwide Interoperability for Microwave Access (WiMax).
Ashland Fiber Network's network architecture is a Hybrid Fiber-Coaxial design. This mode is the type
of system almost all cable companies operate on. AFN is also designed to accommodate the future
deployment of a PONS network, if needed. Passive Optical Networks use an un powered fiber-to-the-
premise architecture. DSl services are provided by local incumbent local exchange carriers (llEC) like
Qwest, and offered either directly to customers or through resale agreements with competitive local
16 I P age
exchange providers (CLEC) who lease Qwest lines. Some AFN ISP partners offer DLS via leased Qwest
services.
WiMax wireless services operate either in private spectrum or in shared spectrum licensed by the FCC.
Locally, ClearWire is providing this type of service north of Ashland. Ashland Fiber Network has a
license for service in the 3.65 MHz spectrum and has had the deployment of Wi Max services to
Ashland customers as a primary project for three years.
The City's hybrid fiber-coaxial system consists of approximately 25 miles of fiber connecting
neighborhoods, 118 miles of coaxial cable connecting home and business structures, three primary
antennas supporting WiFi service in the downtown area, and one WiMax antenna piloting a new
service. Organizationally, the City's Information Technology Department completed a skills inventory
and reviewed workload requirements in May 2010. That assessment showed AFN to have the
required skills to meet existing performance metrics and the expertise to manage AFN through designs
planned through the end of 2013. However, as a small organization, there are skill areas related to
physical fiber maintenance for which AFN needs more depth and must adjust. The workload related
to Public Utilities Commission correction work is also expected to decline, which will shift staffing
priorities in the future.
Capital Infrastructure Planning
In June 2010, AFN completed its tentative three-year system plan for the telecommunications utility,
pending approval of AFN's business plan by the Mayor, City Council, and the City Administrator. The
system plan sets future infrastructure performance metrics to ensure AFN's service quality,
migration to an updated architecture and associated technologies, staff training requirements, and a
schedule for AFN's capital investments.
Of key importance in AFN's System Plan are the network's Iifecycle and eventual transition to all-
fiber communications as triggered by increasing demand for high-bandwidth online services-e.g.,
consumer and business utilization of data-heavy spatial mapping, high-definition Internet movies,
Internet-based television, and social networking applications. Per the system plan, AFN will need to
begin investing more into full fiber-to-the-premise services over the coming four years to remain
viable. Beginning early will spread the cost 'across years and allow the cost to be covered by annual
revenues as much as practicable.
Hybrid Advantages
The City of Ashland is fortunate Ashland Fiber Network's design was architected as it was. Fiber
optic technology was considered somewhat "future-proof' at the time of AFN's construction. Fiber
carries full-spectrum capacity, against which nothing is faster. The hybrid design avoided the full
cost of a much more expensive all-fiber system for which demand did not yet exist.
Ashland took a progressive design step in implementing a fiber-based core for its system, thereby
ensuring AFN could handle future bandwidth demands that were unknown at the time. Staff,
consultants, and the AFN Technical Advisory Group comprised of local experts that assisted the City
in setting AFN's technical design deserve credit for a solid foundation that has withstood the tests of
ten years of operation. In matching telecommunications industry trends, AFN has also followed the
forward end of the telecommunications industry. The costs for keeping the infrastructure current
have been moderated by being in-step with industry demands. Some companies and local
171 Page
governments have had much higher hardware and consulting costs because of bleeding-edge
designs.
Management Direction
Defining Ashland Fiber Network's strategic and tactical direction directs the utility's human and financial
resources towards defined outcomes.
Strategic Goals
Staff met with the Mayor, City Council Members, and the City Administrator to assess views on the
direction Ashland Fiber Network should take. Common historical and forward-looking themes arose,
centering on financial stability, paying AFN-related debt, connecting community members, and
operating efficiently. With this input, the following general goals for AFN were defined:
Financial Stability
Operate Ashland Fiber Network as a government enterprise. Cover operating expenses and capital
investments within the operating budget generated through revenues. Manage products and rates
to be competitive with other alternatives in the community.
Contribute to Debt Service
Contribute to the Ashland Fiber Network debt service to minimize the burden on the City's General
Fund and individual department funds to the maximum extent possible. At the same time, do not
compromise effective operation and maintenance of AFN as a City asset. Aim to pay 33% and, if
possible, 60% of the annual 2004 bond payment as the portion directly attributed to AFN's start-up
costs.
Community Access
Provide a basic level of access open to all members of the Ashland community. AFN should not
charge users for the service that connects the community in addition to taxes and fees already paid
into the City. Community Internet access should include wireless access methods.
Community Coverage
Complete Ashland Fiber Network to cover 99% of the community's boundaries, minus locations
wherein property owners elect not to have Ashland Fiber Network physically present.
Contribute to City Operating Costs
Pay City of Ashland internal services charges on par with peer departments. Share in these expenses
to allow tax revenues to go towards primary municipal programs to the maximu'm extent possible.
Derived Summary Strategic Goals Statement
1) Serve as a self-sustaining public utility _
a. Introduce new products and services to increase revenues to pay for AFN's operations,
capital investments, and a set portion of related City debt service.
b. Stabilize revenues for core business to exceed $1.9 million annually.
c. Increase AFN-debt share to at least $460,000 of the City's $1.4 million annual payment.
d. Reduce bandwidth costs by at least SO% from Fiscal Year 2010 rates.
e. Reduce overall operating costs by at least 5%.
181Page
2) Serve as a community resource
a. Build AFN into a central community resource for information.
b. Provide community Emergency Notification System with at least 10,000 enrollees.
c. Provide a basic level of Internet access to Ashland residents at low-cost.
3) Drive increase in market share
a. Charge rates competitive with alternatives Internet service providers.
b. Achieve and sustain an Ashland market share of at least 50% of homes.
c. Improve infrastructure to enable Internet service at 98% of Ashland properties at
speeds of 1 Mbps or more.
d. Maintain a customer churn rate of 20% or less.
e. Provide prices and services that meet or exceed the needs of Ashland citizens and
businesses.
4) Provide customer service excellence
a. Achieve customer service scores at or above 60% rating AFN-related as "Good" to
"Excellent" based on surveys.
b. Improve service sign-up and support processes with Business Service Partners to
capture at least 40% of new service inquiries received by AFN.
c. Ensure infrastructure meets 100% of defined performance and quality metrics.
Core Values
1) AFN values its customers also as citizens, neighbors, and owners. We will treat them with
kindness and respect.
2) We are stewards of public resources. This helps us focus on providing a superior service,
working responsibly, and achieving reasonable costs.
3) As Ashland's telecommunications utility, the work we do, services we provide, products we sell,
and investments we make should first and foremost enhance the local economy.
Financial Sustainability-R ~ DE + C + D
Beginning in Fiscal Year 2011, managers of Ashland Fiber Network will conduct their duties within
the tenets of meeting financial goals and serving as stewards of AFN. AFN management views the
telecommunications utility as a community resource belonging to the Ashland community.
R - Revenues generated from all AFN operations must equal or exceed its costs.
OE - Operating Expenses incurred from the operation of AFN, including staff salaries and
benefits, bandwidth charges, allocated internal service charges, and other normal
expenses for services and goods used.
C - Capital investments made into the asset that increase and/or maintain its value.
D - The portion of annual debt service payment assigned to AFN.
Stewardship
1. Provide services that are competitive with alternatives available to the citizens and
businesses of Ashland. If there is a prevailing service need in the community that other
companies do not offer, strive to meet that need at an economical cost.
2. Maintain prices that are competitive with alternatives available in the region.
3. Provide superior customer service to differentiate AFN from alternative services.
4. Ensure AFN's infrastructure meets the high performance and quality metrics defined for it.
19 I P age
Pricing and Product Differentiation
1) Ashland Fiber Network cannot compete with larger service providers on the basis of price.
Economies of scale for regional and national telecommunications companies are significant.
2) AFN will succeed on the basis of the product it sells-superior customer service, reliability, local
economic impact, and performance.
Alignment with City Council Values
Participatory Government Ashland Fiber Network will support open, accessible, honest, and
democratic government through providing low-cost community Internet
in City limits. In addition, the AFN website will serve as a channel to
access the City of Ashland website, municipal services, and community
resources. AFN will be efficient and effective with public funds by
executing its work plans effectively and by serving as a good steward of
financial resources.
Low-cost Expression By providing low-cost Internet access and having citywide coverage,
Ashland's citizens and visitors will have the ability to exchange diverse
ideas without restrictions long social and economic lines. In that way,
creative contributions of the arts, cultural activities, and community
events will be supported.
Diversity AFN will work to encourage an open environment among its business
partners to include all businesses. Local business participation in AFN is
also valuable due to its ability to keep dollars in the community.
Economy The local telecommunications utility supports the Ashland economy by
attracting and retaining businesses to the community that depend on
advanced telecommunications services. With AFN's business partner
model, the utility nurtures home-grown business and to connects
consumers to local products, services, arts and culture, and educational
institutions. In helping local businesses succeed in providing good
wages and economic choices for individuals and families, AFN also
supports high-quality public services resulting from tax revenues and
the participation of more residents in their government.
Distinctiveness Ashland Fiber Network is a rare and progressive community for taking
the step to steer its own growth by creating a community-owned
telecommunications utility. Regardless of any struggles, AFN continues
to work through partnerships with local businesses to meet the
. telecommunications needs of Ashland's citizens, businesses, and
visitors; it represents an innovative approaches Ashland took'to chart its
own course.
Education AFN will continue to support education in the community for its social,
economic, cultural, and civic contributions.
20 I P age
Basic Needs
The community telecommunications utility will support emergency
notification messaging to Ashland's residents.
Community
Ashland Fiber Network strives to be a part of what makes the
community a unique and special place, with resident that participate in
their community and feel a sense of belonging. When AFN succeeds,
residents can communicate better, look out for each other, and support
those in need.
21 I P age
Business Planning
Summary Analysis
Historical Financial Performance
As of Fiscal Year 2010, approximately 84.6% of AFN's revenues derive from its wholesale Internet
business line. High bandwidth costs are beginning to hurt the margin between Internet service
revenues and associated costs of goods sold. The overall revenues from this business line have the
potential to fall in the coming years based on introductions of high-speed wireless options from
cellular carriers and marketing efforts by companies offering various high-speed alternatives. Because
such a large proportion of the telecommunications utility's total revenues come from this business
line, AFN is especially sensitive to major changes in the industry that affect Internet service prices and
costs.
Current AFN Revenues by Business Line
$2,500,000.00
$2,000,000.00
$1,500,000.00
~Total Revenue
$1,000,000.00
__Internet Service
$500,000.00
__High-Speed Data
__Cable
$0.00
&-
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2007 2008 2009 2010 (Est) 2011 (Pro])
High-Speed Internet 9.3% 11.2% 10.6% 10.8% 9.5%
Internet Service 64.5% 81.1% 82.3% 83.4% 82.5%
Cable 25.5% 7.7% 7.0% 5.8% 7.9%
0.7% 0.0% 0.0% 0.0% 0.0%
Total Revenue 100% 100% 100% 100% 100%
Average Revenue per Customer
Net Average Revenue per Customer (net revenue divided by total number of customers) is a
common telecommunications industry metric for assessing business performance. Under this
measure, Ashland Fiber Network has a weak performance history. Accounting for 2007 figures that
are distorted by a partial year of offering cable services in-house, the City's telecommunications
22 I P age
utility has a history of negative average revenue. This is true despite minimal capital investment in
the past three years.
From a net of $85.64 per customer in 2007 that resulted from outsourcing cable television
operations, AFN generated a loss of -$47.38 per customer in 2008, a positive $12.29 per customer in
2009 (due to almost no infrastructure investment); and -$4.44 per customer in 2010. looking at
revenues and expenses in detail, the 2010 figure reflects higher costs for Internet bandwidth,
recovery of bad debt, and delays on infrastructure upgrades related to new services.
Current AFN Average Revenue per Customer
$150.00 I
$100.00 $85,64
$0.00
_NetAvg
Revenue per
Customer
_ Versus Market
Average
$50.00
-$47.38
_Versus
Competitors
-$50.00
-$100.00
-$54.72
-$74.81
-$106.31
_ Versus Market
leader
-$150.00
2007
2008
2009 2010 2011 2012
(Updtd) (Proj) (Proj)
2013
(proj)
The -$54.72 per customer loss projected for Fiscal Year 2011 results from $233,500 in planned
capital investments, some of which was carried from Fiscal Year 2010. This is a drastic shift from the
minimal investments made between 2008 and 2010. Average Revenue per Customer would b~ $0
per customer without the larger required capital line. These figures exclude an additional $344,000
AFN is contributing to debt payments from reserves. The Average Revenue per Customer metric
would show a -$134.72 per customer loss if payments from reserves were accounted for as an
operating expense.
Comparing AFN 's Net Average Revenue per Customer metric to industry standards underscores
how AFN's performance has lagged. against industry benchmark leaders, averages, and companies
that vie for the same customers as AFN (Charter and Qwest). More important however is the long-
term trend: In its current form, AFN is a declining business. Cost pressures from personnel,
bandwidth, overhead and debt, and the need for capital investments would otherwise make
Ashland Fiber Network a non-viable business beyond the three year horizon as Average Revenue per
Customer losses exceed -$100 per customer, beginning in 2014.
23 I P age
Debt
The City has a large debt outstanding that directly relates to constructing and operating Ashland
Fiber Network. In 2004, all construction costs from two bank loans and operating losses funded
through internal borrowings to that time were refinanced with a $15.5 million bond issue pledging
the City's full faith and credit, which is its ability to pay with any legal revenue stream including
property tax proceeds.
The components of the financing were $9.3 million in construction and $6.2 million to cover losses
and issuance costs. The interest rate was the best the City of Ashland could have achieved at that
time, even with a municipal guarantee, due to the performance of the enterprise to date, instability
of the industry, and complexity of the operations requiring the issue to be a taxable rather than tax-
exempt financing.
The annual debt service of $1.4 million is distributed to the City's General Fund and all utility
activities with AFN paying $356,000 in the earlier years and $700,000 budgeted in FY 2011. The
higher amount is from ending fund balance that was generated by the 2004 refinancing, but was
maintained through AFN operations. The higher contribution cannot be relied upon in subsequent
years without depriving AFN of funds needed for operations and capital costs, so other sources must
be identified.
Since AFN "grew" out of the Electric Department, this fund has always been considered "first in line"
in guaranteeing AFN's debt, even after the 2004 refinancing. In 2008, the City decided to use a
$636,000 refund on wholesale power purchases from Bonneville Power Authority to assist in paying
the debt service in fiscal years 2009 and 2010. The Electric Fund currently contributes $252,300
toward the debt each year and has made operational transfers to support AFN on several occasions.
If AFN went back to an annual $356,000 contribution towards its debt and the difference was
absorbed by the Electric Fund the impact on rates would be in the 2.3% to 2.5% range.
2004 Bond for AFN-Related Costs
$30,000.000
$25,000.000
$20,000.000
$15.000.000
$10,000,000
$5,000,000
iii Remaining P+I
. P+I Paid by
EOFY2011
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'!}'I,'~'I,'~'I,''P' <}'I"'t'.,,,# '!}<pi' ~<p:.~<pi' <}<pi' 'I,,~i' '!}~rf> ~~:.~~rf>
In the event AFN were not able to continue as a viable business, revenues would cease to be
generated to help cover payments, as well as the general and administrative costs allocated to City
departments through a cost accounting model. The full impact of central services charges and AFN-
24 I P age
related debt would consequently be placed completely onto the City's General Fund and all utility
activities. The importance of Ashland Fiber Network's reorganization should be understood in that
context.
The critical fact is Ashland Fiber Network has a large debt load for a utility of its size. The City does
not have an opportunity to refinance this debt at this time due to market constraints and an inability
to improve interest rates'on the bond. Hence, AFN's financial history will continue to affect its
decisions and direction. .
. Strengths and Opportunities
Ashland Fiber Network has strengths that make a business model focusing on revenues from new
services possible. The Ashland area has partners who can work with AFN to offer services nearly all
other small cities could not. A largely built-out and stable infrastructure, along with a high entry cost
for any potential new providers, creates a defensible business position.
AFN's reputation for superior customer service is a forte that it can capitalize on to differentiate its
products and services beyond price competition. Similarly, AFN can differentiate itself as a community
telecommunication utility if it can effectively communicate the'benefits of keeping dollars in the local
economy, supporting local businesses, and sustaining municipals services. The community role of AFN
is an asset that is special to Ashland-the success of food banks, food cooperatives, and community
events indicate sophisticated consumers who make decisions based for reasons beyond simple price.
Those types of consumers can understand and support AFN for broader economic reasons. This may
be one reason why AFN has experienced low customer churn rates for years.
With respect to opportunities, the telecommunications industry is in a period of especially rapid
change. Innovation creates both new business prospects and unfamiliar risks that must be managed.
One certainty is that AFN has the infrastructure to support the level of bandwidth demands expected
in the coming years. Updating hardware to use the newest cable modem technology standards
. (DOCSIS 3.0) create the capacity for services speeds of up to 50 Mbps are AFN's next progression in its
system plan. High-speed WiMax services are an opportunity area with incredible potential for AFN
and the Ashland community in terms of community coverage and new revenue.
Ashland Fiber Network's cable television services contract and franchise are up for renewal in late
2010. The opening exists to modify service to be more competitive with alternative products available
to Ashland's residents. For example, adding an option for high-definition channels makes AFN-based
cable services at least competitive and will help mitigate the customer losses AFN's current vendor is
experiencing. Related, the contract may also address options for adding an on-network IP-television
solution to hold ground in the emerging and critical Internet-TV battle. An on-network solution would
help control bandwidth costs by reducing the amount of television traffic that is point-to-point uni-
cast, with a more efficient multi-cast model.
One recurring debate affecting AFN's future is the decision to sell Internet services directly to
customers, or through partners. On one side are increased revenue margins from eliminating the
share paid to IPS partners. ISPs do not offer the same value as when customer depended on dial-up
servers, an entry portal, and email accounts-e.g., America Online and CompuServe of old. On the
other hand, some ISPs offer computer support in addition to Internet access. ISP partners are often
more agile in bringing new services to market and acquiring new customers than a government
agency. Whether to use partners to sell AFN services will likely remain an issue of contention, but
25 I P age
AFN's most direct route to adding revenue through new services is through strong partnerships with
local companies like its existing partners that can help meet the needs of Ashland consumers.
Offering low-cost community Internet access is a novel direction that has been debated in Ashland
Fiber Network's history. It seems a natural direction for a resource aimed at economic development,
having a connected community, and encouraging public participation in government and public
events. Low-cost service is representative of the natural conflict for an agency that must be both a
public service and supported by its revenues. All this said, AFN has the chance to offer a very basic
level of service low-cost of charge to residents and visitors and meet its connected community charter
provided it can (1) achieve significant reductions in bandwidth costs and (2) employ low-cost access as
a means of introducing users to additional services and products that generate revenue.
Weaknesses and Threats
A primary weakness for Ashland Fiber Network is its limited customer base. The fact that Ashland has
less than 15,000 households eliminates most growth and volume strategies. It also limits economies
of scale that regional and national providers can achieve. Another weakness is the indirect branding
of AFN with ISP partners. The confusion some customers have regarding their relationship with AFN
detracts from the product differentiation that will be pursued heading forward in that it detaches
AFN's connected community and public resource goals from its products. That weakness must be
corrected in the coming months.
The core of a new revenue business strategy fitting a limited market is the introduction of additional
and high-quality products. In this area, AFN has significant internal weaknesses. Budgeting and hiring
processes are structured for transparent government and not speed, compensation practices are less
incentive-based, personnel costs are much higher, and hiring/releasing staff to meet fluctuating
consumer demands is not practical. This connects to the essential role of partners to create products
and services to sell, and the strength AFN has in those types of vendors being at its disposal. As an
example, AFN already has the partners to offer the bundling of cable television, Internet, and
telephone services. The telecommunications utility's partners have simply not had adequate incentive
to partner with each other to assemble those packages for sale. The result has been lost revenue and'
customer attrition that can be prevented in the future.
The merging of consumer and businesses products in AFN's rates and charges is another primary
weakness. As usage patterns and service requirements differ between those customer segments,
product offerings should be made to fit. This can help improve revenues by creating an easy path to
additional services the customer may need to support their business operations that are beyond
simple Internet access-e.g., IP telephony, website development, backup services, and online store
hosting. A related weakness is the lack of coverage in areas, inhibiting potential revenues for the
unsatisfactory reason of lack of access.
Internal weaknesses center on the'mixed operations of Ashland Fiber Network and the City's internal
IT service division, producing some confusion in resource allocation. The ability to create redundancy
across operations is still possible, but must be accounted for appropriately for improved resource
decisions from IT and AFN managers. The concentration of revenues in Internet service provision is
another weakness that is addressed with the new services revenue strategy. As those revenues grow,
AFN's sensitivity to Internet service rates also decreases. For example, a major drop in Internet
service prices would cause severe revenue issues for the telecommunications utility.
26 I,P age
AFN Revenues by Product Group (2010)
. Hia:h-Speed Data
_Internet Service
. Cable
_Other
A last but nonetheless critical fault is public perception. An almost habitual reference to AFN as "debt-
ridden" must change. A customer who believes AFN is a liability to the community will struggle to also
believe it is a positive community resource, which negatively impacts AFN's product differentiation in
marketing. Positive progress and economic impacts, along with a restructured presentation of AFN
debt in the City's budget process may be the only means of addressing that perception.
Central to AFN's weaknesses and threats analysis is its operating overhead and debt costs. As with
any business, controlling these factors is an essential element to the success of the business. At the
same time AFN takes on more of the annual payments on the 2004 bond issue than in previous years,
it must be recognized that those liabilities are a systemic drag on AFN's bottom line. That is not to say
AFN baring a significant share of those costs is not appropriate, nor at what level. Simply put, it is a
real but necessary weakness.
Critical bandwidth consumption and cost, threats from emerging technologies, risks associated with
business planning in a public setting, and the potential negative impact of the broader economy are
addressed in more detail in other parts of the AFN Strategic Business Plan and its appendices
Options
Option l-Sell AFN
The option of selling Ashland Fiber Network has arisen at numerous points in the utility's history.
Businesses and community members have contacted the City of Ashland about purchasing AFN as
recently as early-20lO. However, the option is appealing only to the degree it allows the City to
concentrate on traditional municipal services, reduces the City's long-term liabilities, and retains the
positive economic effects of having strong competition for advanced telecommunication services.
Valuing businesses for sale can be a very complex analysis. Standard valuation methods fall into
three general categories: (1) value of the physical assets of the business, (2) value based on a
multiple of the net revenues the business has achieved, and (3) value as determined by an industry-
standard metric. It must be understood that value analysis is inexact. Ultimately, a business is
worth whatever a buyer will actually pay for it based on their own assessment of the performance of
the business and its fit with the buyer's other services and/or products.
27 I P age
The following valuations assume that the City would receive full payment from a buyer upon
conclusion of a sale, and that all proceeds from the sale of AFN would immediately be applied to
paying down or paying off the City's 2004 bond issue. In the cases of franchising AFN and continuing
its operations, figures are unadjusted for inflation due to the current exceptionally low rates,
unknown volatility, and potential for deflation.
Transaction Type
Sale on Value of Assets
Sale on Value of Income Multiple
Sale on Value of Customers
Franchise/Lease Operations
Continue Operations
Net Return
-$9.3 million
-$7.9 million
-$9.0 million
-$12.7 million
-$6.8 million
Notes
Sale price minus debt P&I
Sale price minus debt P&I
Sale price minus debt P&I
As depicted, the City of Ashland has no net-positive options. However, the value of a sale fluctuates
with the market. The option exists for the City of Ashland to look at selling Ashland Fiber Network at a
later date and for a higher price if AFN's reorganization is successful.
Option 2-Restructure AFN for Revenues from New Products
Continuing the operation of Ashland Fiber Network is the City of Ashland's optimum alternative
based on analysis of sale, franchising, projected revenues, and risks. In many ways, the reality is the
City cannot afford to sell AFN and must realize the best possible return by maintaining the business
for the foreseeable future. However, because of industry trends, continuation must be
accompanied by a business plan that finally achieves revenue growth, realizes significant reductions
in the cost of operations, and preserves the value of AFN's infrastructure as the utility's means of
offering the telecommunications services customers pay for.
Planned AFN Average Customer Revenue
$150.00 I
$100.00 $85,64
$50.00
$0.00
.$14.97
.$50.00
.$47.38
'$100.00
2007
2008
2009 2010 2011
(Updtd) (Proj)
2012
(Proj)
2013
(Proj)
. Net Avg Revenue per
,Customer
. Versus Market Average
. Versus local
Competition
. Versus Market leader
The plan presented here has the potential to reverse a long trend of losses in Ashland Fiber
Network's history. An important fact is that under the business model in place, AFN has lost money
28 I P age
in eight of ten years of operation. Mitigating this' fact is that the positive year in 2007 resulted from
an accounting change, while the positive year in 2009 resulted from cancelling investments into the
network infrastructure.
Forecasts
The following business forecasts are for Option 2 as the City of Ashland best alternative for Ashland
Fiber Network. Expenses are projected using most-likely scenarios and with changes to operations that
are complete, in-progress, and planned. Conversely, estimates for revenues are given in ranges due to
inherent uncertainty associated with customer adoption of new product offerings.
Expenditures
AFN Management anticipates decreased personnel and benefits costs in 2011 due to the reduction of
one position, along with substantially higher capital costs associated with implementing new services
and updating the systems supporting customer modems. In FY 2012, a planned staff reduction of an
additional 1.0 FTE is represented in the Personnel line, partially offset by increased benefits costs and
contract work to cover variable needs. Capital expenses remain at relatively stable levels in FY 2012
and FY 2013, leading up to projected increase in demand for speeds requiring fiber to the premise
(FltP) services.
Operating expenses in FY 2011 are presumed to stay stable with expected savings on bandwidth
balancing the costs of AFN's low-cost service and increased overall usage. Total ba~dwidth costs are
projected to jump in FY 2012 as a critical mass of customers transition to Internet-based television and
movie options. That market is also expected to stabilize on a smaller number of alternatives, but with
unknown options for on-network offerings. By FY 2013, projections for bandwidth utilization stabilize
at a lower rate of growth.
Expenses
Personnel
Operating (with 8andwidth)
Debt
Capital
Cost of Service
2010 (Updtd)
$552,685.00
$874,323.00
$356,000.00
$82,300.00
$1,865,308.00
i&iii'i~~~
II(SSS'1!,7.00!OO. .S5951000!OO_
c.i$ji:C iIilIS953!900!OO_ E9911!000!00_
. i!}SJ5Jj1oo0T001iIII(S356foOOWO_ .S356fOOO!OOIllll
"I$~3J~50_QJQQIII.$.1.W500!OO_ _S{l.28~100!00_
$2;008}20s10oP\'!' ~~2TOO~~10Q.!llQil!! "$~ll!Z~~1Q.!!1ll.!!f}
Revenues
As proposed, AFN's revenues are projected in the table, below. Revenues from the high-speed data
business line thatprimarily serves local business are expected to drop from preceding levels as other
options catch up in speed and become reasonable alternatives. Small growth is viewed as likely long-
term, with development activity in Ashland playing the major role in determining whether revenues
will be closer to minimum or maximum projections.
If AFN is.successful in its marketing approach and with its low-cost Community Connect service, low
growth is expected for the Internet Service line that includes wholesale services. Though customer
share is projected to increase, margins will decrease due to competition and declining prices.
29 I P age
The Wireless services business line carries AFN's greatest immediate potential growth, which is
expected to increase from about $6,000 today to between $25,000 and $40,000 a year in 2013. This
growth could be higher, but is limited by antenna requirements consumers will encounter..
AFN's Consumer Services business line represents its share of sales of additional services provided by
business partners that contract with the City. This part of AFN's business is the least predictable until
AFN compl'!tes its contracts with partners and assembles its portfolio of new product offerings.
Revenue
High-Speed and 8usiness
Internet Service
Cable
Wireless
Consumer Services
Other
Total Revenue
2013
(ProjMin)
$165,000
$1,800,000
$204,799
$30,000
$38,000
$1,000
$2.238.799
Operating Plan- Year One
2013
{proj Max}
$190,000
$1,975,000
$250,000
$40,000
$50,000
$5,000
$2,510,000
New Internet Bandwidth Contract
A new Internet bandwidth contract must be competitively bid out to procure bandwidth services in
place of the City's current expiring contract. The new contract sought will be structured with a base
number of years, with one-year extensions at the City's discretion. Renewals will be based on
performance on defined metrics, reductions in bandwidth costs, vendor cost, solutions that generate
savings, and meeting the general terms and conditions of the contract. The awarded vendor will also
be responsible for providi!lg periodic reports and evaluations, allowing for opportunities to update
services and expenses.
8andwidth represents a critical component of AFN's operating expenditures. Accelerated growth in
the cost of bandwidth has the potential to outpace revenues and make AFN unable to meet its
financial goals. It is imperative that expense reductions are renegotiated to reflect projected open
market declining rates. Furthermore, the new contract will move away from prescriptive designs and
evaluate on the basis of performance metrics and the technical migration plan submitted to move
from existing services to new ones, as required by the bid. In so doing, AFN wishes to capitalize on the
creativity of potential vendors to produce more cost-effective solutions. The goal of this RFP will be to
reduce costs by at least 50% by the last year of the contract.
New Cable Television Contract
AFN must execute a contract that better captures the costs of maintaining the cable television
infrastructure and staffing for installations. AFN management will look to increase the value of the
contract along these lines. Together with Franchise Fees required from all of the City of Ashland's'
cable operators, the Request for Proposals (RFP) planned for release in August 2010 will require cable
television services be offered to Ashland residents with fees that cover costs. Goals for negotiations
are as follows:
30lPage
Cable Lease 2011 2012 2013
Staff $ 83,940.06 S 86,458.27 $ 89,052.01 1 FTE (Sal + Benefits) (Non-lead Rate)
Space $ 18,200.00 $ 18,200.00 $ 18,200.00 $1,SOO/ mo Space Rental + $200 Access/Security
$7, 120/mo Network Capital and Operating
Infrastructure $ 85,440.00 S 85,440.00 S 85,440.00 Maintenance Share
PUC/Regulatory $ 12,106.74 $ 12,106.74 $ 12,106.74 Tickets. Hours. Hourly Rate
Total $ 199,686.80 $ 202,205.01 $ 204,798.75
An additional priority will be to ensure Ashland's residents have robust choices in cable television
programming, such as digital channels, high-definition television, personal video recorders, and other
services currently not offered by the City's vendor due to the analog signal restriction in the existing
lease.
New Business Services Partner Contracts
Current ISP partners have been allowed to operate without a contract with the City of Ashland and
AFN for more than two years. This must be rectified and also redefine AFN's vendor relationships. The
ability of business partners to offer the value-added services AFN's strategic business plan requires is
essential, as is AFN's access to some customer and usage data.
Based on historical performance, AFN will need to incorporate terms and conditions to protect the
City legally and financially. Terms will define requirements for on-time payments to AFN, sharing
customer data, and relaying timely messages to customers for special events and maintenance work.
Additional potential terms to negotiate include agreements for advertising support and contractual
incentives for customer and revenue growth.
Contingency
The primary contingency direction is for AFN to pursue a single contractor to handle those services
AFN cannot perform cost-effectively on its own. The amount of time to turn the
telecommunications utility's operations around for the long-term is limited. In the event that (1)
master contract negotiations reach an impasse with partners or (2) the multi-partner model fails to
show significant revenue and market share improvements, the contingency would need to be
activated.
AFN would issue a request for proposals to acquire one partner to render all customer acquisition,
marketing, and user support. This model would likely speed revenue and marketshare
improvements. However, it deviates from the goal of AFN to broaden opportunities to 'additional
businesses in the community. It also moves AFN into the position of offering services as a direct
retailer.
Implement New Rates and Products
AFN offers a range of Internet product packages. Heading into the 2011 fiscal year, AFN will broaden
its services catalog to offer more value-added options through its vendors. This is anticipated to grow
revenues outside of AFN's commodity wholesale Internet service business line. This presents the best
option for AFN to balance the cost pressures of bandwidth consumption, price pressures of alternative
31 I P age
products, reduce revenue source risk, and meet goals set with the Mayor, City Council, and City
Administrator.
The following Products and Rate Structure will combine to permit AFN to provide a low-cost, very
basic access level, full community coverage, and strong customer service while transitioning towards a
use-based rate structure that is more sustainable.
Products and Rates
Past rate models use broad categories more suitable to an Internet environment that once had few
high-bandwidth options for consumers. Today, Internet television, downloadable movies, and
massive multi-player online games are ubiquitous and consume bandwidth at far greater levels.
The new rates and charges model proposed links Internet usage with the costs of the service and
that provides product options for defined types of consumers. This constitutes a major shift from
the current approach in recognizing consumer needs differ from businesses needs through a cost
difference. For example, business accounts tend to have more users and require faster response
when support issues occur.
Service packages allow customers to quickly identify and align with the services they require, along
with options to customize the service if added value is perceived. The reintroduction of consumer
versus business pricing will better match utilization with costs. Related, the recent introduction of
rate structures with usage caps by AT&T, Comcast, Verizon, and others makes AFN's transition
consistent with what customers are seeing elsewhere.
The proposed rates structure is projected to save more than 80% of customers money. However, it
has the important potential to increase revenues as some customers opt for advanced speeds and
services to support their changing needs. AFN management expects resistance from some existing
ISP partners in enacting this change. Ultimately, the change is consistent with the market and with
competitors such as Comcast, AT&T, and Verizon. It also aids AFN in controlling excessive use by a
small number of customers who can impact network performance experienced by many users. AFN
and ISP partners will need to work together to introduce and support the new rate structure in a
coordinated manner.
The rates Ashland Fiber Network's Business Partners pay will change. AFN averages over 70
installations per month, for a total of approximately 840 new installs per year. AFN management
will look to update rates to reflect actual costs when setting new rates. Similarly, AFN will
appropriately charge when a Business Partner incorrectly refe'rs a customer support call to AFN staff
as a network outage issue receiving priority response.
Wholesale/Partner Contract Option
Ashland Fiber Network has traditionally viewed vendors serving as ISPs as full partners. This has
proven impractical at various times as some vendors offer competing services and have internal
company rules that inhibit acting in mutual interest on critical decisions. For example, one current ISP
partner has a policy that prohibits sharing customer data with AFN. Another ISP partner has a policy
prohibiting co-branding in marketing efforts, thereby blocking any direct relationship between AFN
and consumers of its services.
32 I P age
To accommodate the long-term ISP partners while also providing a path towards revenue and market
share growth, AFN management will implement a two-tract contract arrangement. Under the first
tract, AFN will serve strictly as ~ wholesaler. Vendors under this "Retail Option" will have no
requirement to include the AFN brand in their marketing and sales, nor be required to share any
customer information to AFN other than modem and service package. AFN would not take any service
calls from vendors' customers and would be charged for installations, disconnects, and customer
account reactivations.
The contract's second tract will be the "Partner Option". Under this, the vendor and AFN agree to
work in full partnership-marketing efforts would include both the vendor's and AFN's branding;
customer and data sharing will exist; an incentives structure will be implemented to help partners
grow; and partners would have representation on AFN's Executive Advisory Board. Existing and
potential customers will be directed to only Partner Option vendors, including customer contacts via
the AFN website, when signing-up for utility services, and when AFN receives requests for service
upgrades and bundles. AFN will work with the City of Ashland's Administrative Services Department
to also offer the ability to integrate vendor service billing with the City's utilities billing processes as a
means to reduce waste.
New Services'
New services are intended to meet the needs of Ashland's citizens and businesses. Executed well,
this differentiates AFN's product from others by giving options that local customers demand and by
meeting needs other providers do not.
AFN must balance most new product offerings to justify investments made through a thorough
return on investment analysis for each service. Other service additions simply keep AFN equal as an
option to other providers in the eyes of customers. The following services are a mix of products and
services that equalize AFN with other providers and others are focused on more as new revenue.
generators.
Implementing the new product catalog supports reversing the current trend of declining revenues
by forming AFN into a value channel that generates additional business and through limited new
customer acquisition and more services per customer. At the same time, compared to private-
sector telecommunications companies, AFN's Average Revenue per Customer will likely remain
below average due to the low-cost Community Connect service and other operating cost
constraints.
. Community Services-Available to Citizens at No Additional Cost
AFN Communitv Connection
. Slow speed
. Very low-cost
. Opening AFN Access webpage
. Feeds into Community Portal Page
. Customer data protected
Ashland Emergencv Notification Svstem'
. Register phone numbers, email addresses, and other contact information
. Receive alerts/directions in the event of disaster/emergency/major hazards
33 I P age
. low-cost to users
. Telephone support for users wanting to register
.; Online streaming of emergency radio signal
. User data protected
. May require additional funding
. Value Services-Available to Customers at Additional Cost
Consumer
. IP-Based Home Telephony with QoS
o Phones
o lines
o long Distance
o Email-to-Voice
o Voice-to-Text
. PC Support
. IP Television Appliance
. QoS Add-On
. Home Security System
Business
. Multi-line Telephony System with QoS
o Phones
o lines
o long Distance
o Email-to-Voice
o Voice-to- Text
. Website Development
. Website Hosting
. Online Store Development
. Online Store Hosting
. In-Store Wireless for Customers
. Business Security System
Partner Fees-Costs of Services Provided to ISPs/Business Services Partners and the City
. Hourly charges for technical support when extra capacity exists
. Fees for SCADA system telecommunications
"QoS" = Quality of SelVice
Establish AFN Board
Create an Executive Advisory Board to provide City Council with guidance and direction pertaining to
Ashland Fiber Network's strategic and tactical direction. This board should primarily represent the
interests of Council and the City AFN, but include partner representation for practical input.
Proposed roles of board include the following:
. Approving business plan updates and modifications for presentation to City Council
. Approving major projects and capital carryovers
. Approving rate structure changes for presentation to City Council
34lpage
. Recommending contract approvals for presentation to City Council
. Approving business reports and updates for presentation to City Council
Proposed composition of the board:
2-Mayor and/or City Council members for elected officials
i-City Administrator or their designee for the municipal government
i-Information Technology Director or their designee representing management of AFN
2-lndustry professionals from successful public telecommunications enterprises
i-Current AFN partner to represent partners' interests in the telecommunications utility enterprise
On-Network IP Television
Ashland Fiber Network will explore options for an on-network Internet television product with its
Business Partners. If feasible, this is a key option for using on-network multicasts to reduce costly
bandwidth consumption for media over the Internet.
Public Perception
Moving public sentiment and media coverage as AFN's results improve will be critical to the utility's
marketing approach. Restructuring the presentation of AFN-related debt to create a more complete
picture is a requisite step in that effort. Specifically, IT will need to work to present more information,
AFN's progress in owning an increased portion of debt, and related issues. For example, information
on ho~ the City's 2004 bond is paid and overall progress made in repayment provide a more
circumspe~t view to counter negative impressions.
Changing public perception of AFN's history will aim at shifting focus on to products and services for
sale. That focus will pair with business partner marketing efforts to support AFN's new revenue-
centric strategy.
Debt Payment Plan
To manage operating expenses in balance with capital investment requirements, this strategic plan
relies on holding AFN's share of debt service payments at the rates expressed in the table, below. To
achieve the 45% of debt goal in 2014 and beyond, AFN must hit high revenue targets, reduce its cost
of bandwidth, and invest in infrastructure at the prescribed. rate. It is exceedingly unlikely that AFN
will exceed a 50% share in the foreseeable future.
Year
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014 Forward (Goal)
AFN Share of Debt
$0
$0
$0
$356,000
$356,000
$356,000
$700,000
$460,000
$460,000
$600,000
3S I P age
Reorganization of Operations
AFN management will better segregate AFN finances, functions, and operations from those of general
City IT services. This permits accurate accounting of the investments resources applied to AFN apart
from unrelated City resource investments. To accomplish this, the Information Technology
Department will reorganize into the divisions displayed with the chart, below.
An IT Manager will oversee City IT services while IT Director will manage Ashland Fiber Network
through its work plan. The reorganization reduces staffing by 1.0 HE in Fiscal Year 2011, then by
another 1.0 FTE in Fiscal Year 2012. This nets savings of approximately $60,000 in 2011 and $165,000
in the two successive fiscal years, after accounting for projected salary and benefit cost increases.
City
Council
-,
,
.!
L-
IT Services Divsion
(1.0 FTE)
Business Systems
Section
(3.0 FTE)
Customer Support
Section
(3.0 FTE)
Network Management
Section
(3.0 FTE)
Customer Service
Section
(3.0 FTE)
!710.02.Business Systems
!710.02.Customer Support
I
1_._._._._._"_._
-.,
,
,
I
,
,
'691.02.Services
~691.02.Direct Internet
1691.02.Wholesale Internet
iS91.02.Television
_._.-l
AFN management will also work with the City of Ashland's Administrative Services Department to
restructure the finances of the telecommunications utility. The effort refines management of
resources between the City and AFN to prevent diminishing City services when AFN is faced with
financial pressures, or the reverse. This has occurred in the past and while easier in day-to-day
management, resources must be reimbursed across divisions to keep the finances of the operations
whole. The restructuring will also permit the City's IT Department to track and report on the value of
new services by product categories quarter-to-quarter.
Based on trouble ticket loads and goals, there is the option of eliminating one AFN position. A services
contract better fits some of AFN's variable work, for which services are better paid for on an as-
needed basis. This will be possible once Public Utilities Commission corrections are complete and
WiMax installations are finished-timing that yields personnel savings without impairing revenues
from adding services. Additionally, if the introduction of new services justifies a new or temporary
position with offsetting revenues, AFN must retain the option of acting on that need.
36 I P age
Implementation of AFN Capital Plan
Performance Metrics
Standards for performance are partly driven by demand and partially by competition. To be
competitive, AFN will need to provide similar speeds and price points as local competitors. Relative
to product quality achieved through the municipal telecommunications system and its providers,
AFN must also build to meet the expenses of maintaining its network to a level that supports
projected usage. To date, AFN's oversell rate-the ratio of maximum capacity to maximum usage
demand-has been maintained at a level many times lower than the typical commercial provider.
2011 -2013
Measure
Download Speed Up To:
Upload Speed Up To:
Uptime to Meet or Exceed:
Maximum Average Response Time:
Maximum Bandwidth Cost:
Up-To Speed Performance:
Maximum Annual Customer Churn Rate:
35 M bps
10 M bps
99.9%
20 ms
$204,000
No less than 75%
20%
2014-2016
Measure
Download Speed Up To:
Upload Speed Up To:
Uptime to Meet or Exceed:
Maximum Average Response Time:
Maximum Bandwidth Cost:
Up-To Speed Performance:
Maximum Annual Customer Churn Rate:
50 Mbps
15 Mbps
99.9%
20ms
$276,000
No less than 75%
20%
2017-2020
Measure
Download Speed Up To:
Upload Speed Up To:
Uptime to Meet or Exceed:
Maximum Average Response Time:
Maximum Bandwidth Cost:
Up-To Speed Performance:
Maximum Annual Customer Churn Rate:
100 M bps
25 M bps
99.9%
20ms
$408,000
No less than 75%
20%
100 Mbps is the Federal Broadband Initiative goal for all communities in the United State, to
be met by 2020.
Capita/Investments
Ashland Fiber Network's capital investments have been nominal over the past three years. The
City's Capital Improvement Plans show intent to refresh certain hardware, make continuous
investments to broaden coverage, and add infrastructure to support new services. Those planned
investments were not made for various reasons.
37 I P age
Capital investments are now aligned with AFN's new System Plan without the need to stop and
restructure AFN's portfolio of upgrade projects. It is important to note that the absence of
investments has not permanently impaired the telecommunication utility's services against the
performance metrics defined in the horizons of this plan. However, significant future investments
loom.
To support bandwidth demand expected by 2015, AFN will look to invest up to $1.8 million from
revenues into its fiber'to-the-premise (FttP) services as customer orders and trends dictate. This
strategy will be updated annually to course-correct as consumer and business bandwidth
consumption take shape against new Internet-centric technologies. It will also be constrained by
the ability of AFN to pay for the upgrades.
Capital investment from AFN System Plan
FY 2011
FY 2012
FY 2013
FY 2014
FY 2015-2020
$218,500.00
$147,500.00
$128,100.00
$210,000.00
$1,400,000.00
Strategic capital investments are critical to maintaining AFN's value into the future. A poor
infrastructure provides slow and/or unreliable service and will fail to maintain customers. That, in
turn, would erode revenues and create systemic weaknesses in AFN's infrastructure over time.
Maintaining infrastructure therefore accomplishes two purposes. First, it maintains the value of the
system. Second, it answers the concerns of business partners whether they are offering services
through a strong and reliable channel. AFN's ISP partners have, in fact, expressed their desire for
assurances that selling AFN services would be good for their customers over the long term;
transitioning customers to new products because AFN does not keep pace equates to undesired
higher customer attrition. A related ISP partner concern has been whether City priorities for funds
on the municipal government side will take away from AFN's maintenance. The fear of lost
customers because AFN fails to keep a healthy infrastructure is fair and should be prevented.
Controlling Costs
Controlling bandwidth.consumption is a key piece of controlling AFN's operating expenses. Monthly
usage caps are an increasingly common practice with telecommunications companies for that reason.
As of May 2010, AT&T, Comcast, and Verizon have all announced or implemented a usage cap
structure for their products in the past year. Beginning in 3Q201O, AFN will look to institute a new
product and rates structure with caps. Proposed caps will affect less than 1% of AFN's customers and
are more generous than caps published by the other telecommunications companies. Customers will
also be allowed to transition when they choose, unless they hit a general usage ceiling. In that event,
customer service representatives would contact customers to help them choose the package that best
fits their needs.
On a practical level, a customer who hits a monthly usage cap will see their speed throttled down until
the next measurement period, or until they paid an additional fee for overage use. Usage will be
viewable via a meter on a customer web page linked to the AFN website.
381Page
Maximum usage caps aid AFN in controlling the bandwidth consumption of a few customers who
negatively impact the speed experienced by other customers on the same node of the network. AFN
would be a first-follower in implementing this kind of change, behind the companies mentioned
previously, and would use a "soft cap" that charges only a small overage with the goal of helping the
customer perceive and regulate their own usage.
AFN management will not pursue a SO mbps product to match the fastest option offered to Ashland
residents in Fiscal Year 2011. This "Halo Model" marketing is used to generate media attention and
consumer interest. Sales are normally limited by the vendor to a tiny percentage of customers.
Consistent with AFN's no-gimmick approach, the product is unsupportable at reasonable rates and will
not be matched.
Contribute to Economic Development
The Ashland Fiber Network has fostered a solid working relationship with the Ashland Chamber of
,
Commerce and business owners in the community. AFN management has represented the City on the
Chamber's Economic Growth Tactical Team to quickly respond to inquiries from business owners
interested in relocating to Ashland. AFN will maintain a similarly active role. This will focus efforts on
working to successfully attract prospective business owners to relocate to Ashland, who AFN will
support as future customers.
AFN will also pursue partnerships with economic and business development organizations to help
achieve the goal of maintaining prevailing wage and primary jobs in Ashland. A tactical response team
consisting of the Ashland Chamber of Commerce, AFN, and the Southern Oregon Regional Economic
Development, Inc. (SOREDI), private non-profit organization, can assemble to quickly react to any
business owner considering relocating in or out of Ashland. This response team would provide
/
business assistance, expansion, and relocation services to Ashland.
Grow AFN's economic development role for the Ashland community by working with local
governments, the Ashland Chamber of Commerce, and economic development organizations to playa
role in attracting and retaining businesses in Ashland. Maintain AFN's capital system plan to support
the telecommunications needs as identified in the City's economic development plan.
Implement Wireless Service and Begin Connected Community
AFN's Wireless Services is its one business line that has strong growth potential in terms of net
revenues. Customer requests indicate a rising demand for high-speed wireless services in business
areas, where AFN's wired infrastructure cannot reach, and in areas where there is no coverage by
alternative providers. Wireless services can come in two modes: WiFi and WiMax. WiFi has limited
range and speeds, whereas the faster and fartherreaching WiMax standard requires special antenna
devices to access communications spectrum.
AFN implemented its pilot WiMax project in early-201O to gauge the service and serve as a proof of
concept for subsequent infrastructure investments. Two customers are using the service as of May
2010, with feedback being positive. Ashland Fiber Network is on track to offer its AFN Max service in
the fourth quarter of 2010. As stated previously, the return on investment period for AFN Max is
under three years using conservative estimates.
.
39 I P age
Propagation models indicate AFN's WiMax project will increase coverage to reach up to 98% of the
area in Ashland's boundaries.
Marketing and Market Share
New Marketing Strategy
As part of a new marketing approach, Ashland Fiber Network will need to set a Marketing Strategy
connected to its partner contracts. The approach must address the problems of AFN-partner
branding, emphasizing AFN's local service-local impact-local quality product differentiation, and
develop a means for AFN to serve as a co-brand that depicts community connectedness.
Operationally, improvements identified that will facilitate customer acquisition, customer
retention/low customer churn, and market share include the following.
Planned Ashland Internet Market Share
12000
8000
D Customers
. Non-Customers
10'000
6000
4000
2000
o
2007
2008
2009 2010 (Est) 2011 (ProD 2012 (Proj) 2013 (Proj)
Low Barriers for Customers
The customer acquisition and support coordination between AFN and its ISP partners has not made
customer signup as easy as possible in the telecommunications utility's first decade of operations.
Customers have had negative reactions to the confusing and inconvenient requirement that they
call1SP partners to sign on with "AFN" -only after which the customer could call AFN to schedule
their service installation. Presumably, just as many called other providers in the area and were lost
as customers.
40lPage
AFN management and staff are working on process improvements. Customers who call AFN are
now supplied with a listing of ISP partners and their brief tag lines. They can make their selection at
the time of first call and also schedule their installation appointment.
Additional improvements should include enhancements to the AFN website with a focus on the
utility's new marketing strategy and easy sign-up for AFN services. Similarly, AFN staff will work
with the City's Customer Service Division to offer Internet service with utilities connection.
Accounts Receivable Policy
Ashland Fiber Network's accounts receivable policy will continue to recognize revenues on an
accrual basis. In support of this policy and beginning in July 2010, AFN will require payment from
customers and ISP partners for services within 30 days of due, or service will be terminated. This
will prevent high bad-debt costs in the future. AFN will also assess the financial viability of all
partners before having them as customer options beginning with the 2011 fiscal year, including a
potential deposit and credit-line requirements.
Bundled Services Menu
Bundled services are a marketing and retention tool and do not directly enhance revenues. Rather,
service bundles reduce customer churn and tend to reduce customer acquisition costs due to an
average loss rate.
The following services would be offered through Business Services Partners either individually, or
working together to assemble competitive packages. Savings are expected to be approximately $5
for each service in addition to the first. The advantage to service bundles is that they should require
minimill to no infrastructure investments to offer.
Consumer
. IP-Based Home Telephony without Quality of Service (QoS)
. Cable Television
. IP Television Appliance
. Internet Access
. Online Storage and Backup
. Smartphone Support
. PC Support
. Home Energy Management
. Home Security System
. QoS Add-On, $10/ month
Business
. Multi-Line Telephony System with Quality of Service (QoS)
. Office PC Support
. Smartphone Support
. Server Hosting
. Website Hosting
. Online Store Hosting
. In-Store Wireless for Customers
. Online Storage and Backup
41 I P age
. Office Energy Management
. Business Security System
~
Semi-Annual City Council Update Reports
Produce and present a semi-annual report for the City Council and City Administrator with the
following information:
. Customer Churn Rate and Performance to Goals
. Estimated Market Share, Access, and Performance to Goals
. Revenue Trend and Performance to Goal
. Operations Cost Trend and Performance to Goal
o Speed
o Reliability/Availability
o Capacity
. Status of Capital Plan and Project Performance
. Debt Payment Performance to Goal
. Summary of New Products and Performance
o Emergency Notification System Utilization
. Summary of Marketing Activity
o Low-cost Service Utilization Summary
o Account Upgrades Summary
o Customer Service Ratings Performance to Goal
. Summary of Economic Development Activity
. Provide customer service excellence
Operating Plan-Through Year Three
Reevaluate Divesting AFN
It will continue to be important to reevaluate the City of Ashland's options for divesting Ashland Fiber
Network periodically. Options include selling the infrastructure, contracting out operations of the
system for a set amount of revenue to the City, and segregating AFN off as a City-owned but wholly
separate and independent enterprise. Where the telecommunications utility's performance improves,
the value of the enterprise to external parties increases and the point may come where the City can
payoff enough AFN-related debt to make a deal worthwhile.
Deciding whether to keep AFN as a municipal government operation or divest it in some form has
other consequences. Any deal would need to maintain the municipal government business network,
on which the City's communications and data depend. Other factors to consider related to City
Council's ability to steer AFN's strategic priorities to influence economic development in the
community, availability of advanced telecommunications services for citizens, and support for other
educational and governmental programs that are priorities to the City's leadership at any given time.
At minimum, the successful reorganization of AFN's operations to produce positive net revenues after
debt payments provides the City with more and better options in the future. It is a primary aim of this
plan to provide those options to the Mayor, City Council, and City Administration.
Continue Implementation of Capital System Plan
Phase in first components of fiber-to-the-home (FttH) to be ready to offer the service in the future.
42 I P age
Reconstitute Capital Reserves
As revenues permit, build reserves to pay for larger capital investments in fiber-to-the-home (FttH)
build out in 2014 and 2015.
Contin~e Expansion of Value-Added Services
Improve business analytics capabilities to continue to pursue services citizens, businesses, and visitors
demand.
Skills Gaps and Training
Investments into training are becoming critical after three years of nominal to no investments in staff
skills. AFN's training program will address skill gaps in the telecommunications utility's operations
while not significantly increasing expenses. The investments will also serve staff retention and
motivation purposes, including preparing technical employees to have needed skills well in advance of
AFN's next technology migration.
Annual Strategic and Business Planning Update
Generate updates to this AFN Strategic Business Plan as major internal, local, regional, and national
trends emerge.
Ten-Year Horizon
Staff Successions
Though AFN is no longer single threaded regarding specific staffing skills and/or duties, a formalized
staff succession plan is being implemented so that duties can be transitioned in the event of staff
absence or turnover. AFN will use a skills matrix approach that identifies AFN services and the discreet
skills required to maintain those services. The process will then have employees formally document
their duties, skills and skill levels, followed by reviews with supervisors to ensure skill levels are rated
correctly and consistently. Managers will then identify depth requirements based on service needs
and service criticality, identify holes, and work with staff to create development goals to fill in those
gaps.
Capital System Transition
The AFN System Plan identifies the need to execute projects to migrate AFN to a Passive Optical
Network design in 2014. This migration will keep AFN level with alternate service providers in meeting
anticipated customer demand for online products and services. However, AFN's network design staff
also believes the national telecommunications industry, which is highly reliant on hybrid fiber-coaxial
(HFC) networks, will produce or motivate alterative HFC plant upgrade solutions before AFN must
make its most significant migration investments. The industry has billions invested in HFC designs and
will not easily abandon them.
Increase Debt Contribution
A primary focus of AFN management will be on increasing revenues. The most conservative figures
are used in long-range planning for heightened accuracy. However, if AFN meets the most optimistic
figures for cost savings and revenue increases, the telecommunications enterprise may be able to
contribute to debt service at a rate approaching 50% of annual payments. AFN will work to be able to
pay for one half of the annual payment amount on its bond beginning in Fiscal Year 2014.
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Appendix A-Stakeholder Input
Stakeholders are parties and individuals who have a major interest in, or may be substantially impacted
by, Ashland Fiber Network's operations. For the .purposes of this strategic planning process, six
stakeholder groups were identified.
. Mayor and City Council-Serving as AFN's de facto executive board of directors, this group
sets the telecommunications utility's strategic priorities for the future. The Mayor and City
Council must also ensure that AFN's performance serves the best interests of the City of
Ashland organization, as they 'determine it.
. City Administration-The City Administrator must balance all of the City's operating needs
with the policy direction of the Mayor and City Council. The City Administrator has legal
responsibility for setting the City's budget, capital improvements program, and ensuring
compliance with all applicable statutes and regulations.
. Citizens of Ashland-Ashland's citizens are the owners of Ashland Fiber Network, as the
municipal telecommunications utility. The citizens of Ashland also pay into the municipal
government's tax base and have a consequent interest in bonded debt being paid.
. Business Partners/ISPs- There are currently four Internet Service Provider partners working
with AFN, down from a high of eight. These private businesses sell AFN services directly to
consumers and businesses for a markup on wholesale rates. They have a direct financial
impact from whatever direction AFN takes, but no absolute or dedicated stake in AFN's
viability as they may also resell similar services from other vendors.
. Information Technology Department/AFN Staff-City staff in the Telecommunications
Division/AFN maintain the AFN infrastructure, work with ISP partners to coordinate and
troubleshoot, and are direc~ly impacted by any reorganization of AFN.
The Information Technology Department met with all identified stakeholders between March and June
of 2010. Summary input received by stakeholder category was as follows:
. Mayor and City Council-The Mayor and City Council members had varying degrees of focus
on Ashland Fiber Network. Overarching goals received centered on the following feedback:
(1) The need to make AFN financially viable long term; (2) AFN should continue to provide
quality service; (3) AFN must cover 100% of the community in some way; (4) AFN should
endeavor to find a way to pay for a third to a half of the 2004 bond debt; and (5) AFN should
playa role in economic development.
. City Administration-Given AFN's history and the City's financial status, one priority is the
City Administrator's need for AFN to pay as much of the annual debt payment on the 2004
AFN bond, as well as a share of the City's administrative costs commensurate with AFN's
utilization of those services. Additional priorities noted included the need for a clear
strategic direction and for AFN to cover its own capital and operating costs into the future.
,
. Local Businesses-AFN has and can continue to playa role in the City's economic .
development. Surveys in 2008 indicate AFN has had a role in attracting businesses to locate
in Ashland and discussions with the Chamber of Commerce reinforced the role AFN can play
in bringing employers to the community, responding to the needs of businesses to keep
them in the community, and helping businesses compete better on a national to global scale
with easy-access telecommunications services. The Chamber is also supportive of the
concept of low-cost community access to the Internet as a value point for companies and
residents looking to move to Ashland.
44lpage
. Citizens of Ashland-AFN could be a good resource for the community, but it has a poor
reputation in the minds of many given the project problems and debt issues reinforced in
local media. Taxpayers and ratepayers are contributing to the debt. A low-cost basic level
of access is something some community members would like the City's telecommunications
utility to pursue.
. Business Partners/ISPs-Strongly-express the thought that the AFN should not take on the
role of a direct ISP, in competition with their businesses. Most are willing to pursue revenue
and growth opportunities with AFN, though some are undecided. The ISPs asked about
making an offer to purchase AFN if the City carries the entire debt. The majority do not
want the City and AFN to provide low-cost community network access as it would harm
parts of their businesses. However, some understand how the City could use such a service
to develop a value channel that attracts new customers who are more loyal.
. Information Technology Department/AFN Staff-Observations are that the original AFN
project's financials needed better planning and that many opportunities have been missed
in the past 10 years wherein AFN could have performed better financially. Staff is proud of
the work they have done and the service levels they achieve. Most want to see AFN (1)
become financially viable; (2) no longer serve as a debt-ridden failure in the eyes of media
and City leadership no matter how well AFN may perform; and (3) continuation of the
strong team that currently exists.
,
4S I P age
Appendix B-DetaiIed SWOT Analysis
Strengths
Capable Business Partners
The Ashland community is fortunate to have a mix of small businesses in the local area that are
formidable providers of software development, telecommunications, technical support, and other
technology-related services. Project A's work with communities on government websites and online
transactional services have helped produce numerous Digital Cities of America and Best of the Web
award recipients. Ashland Home Net has a compelling history as the community's Ashland-only cable
television and Internet service provider. Computer Country has loyal computer support customers
and has partnered with Data Center West to offer an area collocation facility and managed IT services.
Hunter Communications has built an impressive network infrastructure and is a leading provider of
high-speed data, telephony, and cabling services in the region. InfoStructure offers an array of service
options, including telephone and Internet services, web hosting and email, and a quickly growing
portfolio of business customers for which they provide full telecommunications services. Jeff Net
operates a regional radio station system that spans a large portion of Oregon and northern California
and is a leading voice in many of their covered communities.
The potential role facilitating telecommunications and technology services through local companies
then centers on two core strengths-(l) the real ability of AFN's partners to quickly offer new,
competitive, and quality technology services to meet the emerging demands of Ashland and (2) AFN's
capacity to connect citizens, businesses, and visitors with the maximum local benefit. Area businesses
grow and add living wage jobs when AFN fulfills this role. An important secondary effect comes with
AFN's partners financially supporting municipal services through shared revenue agreements.
Ashland Fiber Network, as it was originally conceived, had the intent of creating these public/private
partnerships so as to provide services to the Ashland community. However, other than its wholesaler
relationship with its ISP partners, AFN has not successfully developed new services under those
partnerships. Much of this may be attributed to initial project issues, consequent financial struggles
over the ensuing years, and resistance from businesses that were uncertain of AFN's direction. The
situation remains that AFN can and is ready to make strides in this area to support itself financially.
Built-Out and Stable Incumbent
A primary advantage in AFN's favor is its existing infrastructure. The build-out is expansive and carries
the capacity for the telecommunications utility to provide new services. This advantage puts AFN on
nearly equal footing with alternative options on a functional level. Internet-based services must run
on a physical infrastructure, giving three options: AFN, Charter, and Qwest.
AFN's network design was created and implemented with a focus on both performance and longevity.
It is situated to allow upgrades as technologies change in the future with incremental expense instead
of requiring major periodic rebuild. AFN's design remains flexible enough to accommodate the
progression through its System Plan while remaining compatible with the emerging fiber optic
technologies. More novel designs at the time would have proven much more expensive to operate.
46 I P age
Customer Service
The customer service ratings of local telecommunications companies are low on Overall Satisfaction
measures from J.D. Power and Associates. Ashland Fiber Network has a compelling advantage on this
factor with service representatives who know the local area's neighborhoods and who have
performed at a level that has earned the City many positive calls and compliments. Unlike regional
and national companies, AFN offers its customers local service representatives who are well-qualified
technically and are invested in customer care. This is a core competency that helps drive AFN's value
in the eyes of potential customers, who also are AFN's owners.
2009 Internet Service Provider Residential Customer Satisfaction Study
West
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Ratlflgs Factor..
Offerings and
Promotions
Charter
II ',:~ II.' )'11';,. II ;M
00000 00000 00000
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-----
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Co.
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A'Nard Recipient
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Verizon 00000
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ScorIng Legend
00000 Among the best
OQOOO Better than most. 00000 About average
please note that J.D. Po,..,er Consumer Center Ratings may not include all information use"d let determine
J.D. PQ'.'Ver and Associates awards.
00000 The rest
Local Economic Impact
One advantage identified at the onset of founding a municipal fiber optic network was the benefit the
service would have to the Ashland economy. The original vision pointed at adding job opportunities
for residents through telecommuting, as well by making it possible for Ashland businesses to grow by
effectively reaching national and even global markets. Determining value on this impact is difficult,
but access to affordable and advanced telecommunications services presumably makes a community
more attractive to companies than cities that lack those options.
47 I P age
In addition, the economic impact AFN has had on the Ashland community has likely been significant.
Through its own services and by accelerating telecommunications infrastructure investments by other
companies, Ashland has benefited from related construction income at the same time it gains access
to advanced services atypical of cities outside major metropolitan areas. Indeed, the President's
National 8roadband Plan and Omnibus Broadband Initiative identify the poor extension of advanced
telecommunications as a continuing problem and national priority. As the National 8roadband Plan
states it, "broadband in America is not all it needs to be. Approximately 100 million Americans do not
have broadband at home. Broadband-enabled health information technology (IT) can improve care
and lower costs by hundreds of billions of dollars in the coming decades, yet the United States is
behind many advanced countries in the adoption of such technology". On this level, Ashland is a
community that has positioned itself well by having Ashland fiber Network.
Over the past ten years, revenues generated from AFN cable television and Internet services have
remained in the local area, supporting its jobs and government services. As described in the earlier
section covering AFN's products and services, price competition for cable television also saved
Ashland residents more than $5 million through lower cable television rates than in neighboring
communities. The ISP partners have financially benefited, as well. To date, AFN Retailers have
generated at least $10 million dollars reselling AFN services to community residents. Much of those
funds remained in the community and supported area jobs.
The financial pressures AFN has faced since its early days may have detracted focus from AFN's real
and potential economic benefit. And yet, the economic activity generated has been significant by any
measure. AFN can and must play an even stronger role in economic development by working more
closely with partners to provide incentivized telecommunications packages for businesses moving to
the Ashland area, or looking to locate out of it for reasons AFN can help mitigate.
Low Customer Churn
Churn is a fundamental measurement of any subscription service and is a key metric in the
telecommunications industry for ascertaining the performance quality of a company's cable television,
Internet,.telephone, or wireless services. Generally stated, acquisition and reacquisition of customers
is expensive. Superior products and high customer satisfaction improve customer retention and
indirectly redu~e costs.
As detailed in the Customer Trends section, Ashland Fiber Network's churn is very low compared to
companies offering similar services nationally. Surprisingly, Southern Oregon University's (SOU)
academic calendar also has no correlated impact on AFN's. churn rate, which may contribute to the
low churn number. Of the approximate 5400 full-time students, approximately one-third live on
campus, one-third commute from neighboring cities, and one-third reside in off-campus housing.
Students living on campus have service provided through the University and non-residents are not
potential customers. Of SOU student's, AFN's university customers are only those who live off-
campus. Many of those customers live with other students in shared rental housing, with a high
likelihood at least one resident will remain during the summer.
Community Support for Local Services
As important as any other strength is the value Ashland's citizens place on supporting local business.
With its high education and close community traditions, AFN can forge relationships with customers in
48lpage
a way most private companies cannot. Ashland also has sophisticated consumers who do not
purchase goods and services solely on the basis of lowest price, which is the marketing emphasis must
telecommunications companies have. As evidenced by how the community has made endeavors like
Ashland Food Coop and open markets viable over the long term, Ashland's citizens will look at the
overall value and impacts of their purchases. AFN has the potential to serve as a unique hub for a
truly connected community, provided it obtains. the support of community leaders, continues its
tradition of customer service excellence, does well communicating the local benefits of AFN services,
and turns around its reputation in the eyes of local media.
Weaknesses
Limited Customer Base
The City of Ashland is a geographically bound area with a finite, almost static population. Coupled with
the historical desire not to expand services to neighboring cities for financial and political realities, these
factors restricts Ashland Fiber Network from pursuing most growth strategies focusing on sales volume
and market growth. That fact is critical in that those growth strategies are typical of businesses with
large debt burdens. In many ways, AFN is a business that invested heavily to expand its operations
rapidly and at higher cost, without realizing the end point would not financially support the cost of
operations and the debt incurred to complete that expansion.
Only dated demographic information is available for Ashland until 2010 Census figures are released.
Data available show the city has an estimated population of about 22,000 citizens in roughly 10,000
households. In a non-monopoly market with providers offering commodity services, market share
typically cannot exceed 65% .
Indirect Branding/Brand Confusion
Customer confusion exists for AFN and its ISP partners regarding who to contact for technical support
and how the two are connected. Customers regularly call AFN directly when having problems
connecting to the Internet, and not knowing their ISP. Customers are comfortable calling AFN,
identifying it as a trusted City service. This type of confusion shifts significant support costs from ISP
partners to AFN as staff still work to assist the customer. It also emphasizes the need to AFN and its
ISP partners to develop a marketing strategy that clarifies the partner relationship, support resources,
and benefits of choosing a local company for Internet service.
The unclear roles of AFN and its ISP partners also detract from the value of AFN's advertising. Money
spent has been successful at portraying the local value theme, but has not tied consistently to added
business. Only some ISPs represent their partnership with AFN in their independent advertising,
allowing no indication to customers how their service connects them to both.
Mixed AFN-City IT Operations
Ashland Fiber Network is organizationally under the City's Information Technology Department. The
operations of the internal Computer Services Division and AFN have been blended since 2008 to
generate redundancy and flexibility across division lines. However, an accounting structure was not
implemented with the merging. The result is an inability to manage resources in a way that accurately
captures investments in central IT services versus AFN operations. Untracked resource shifts amount
to subsidies to across division and, while they may balance in aggregate, must be known and
managed.
49 I P age
Value of ISPs
When Internet service first became available, Internet service providers (ISP) were companies that
provided customers with an Internet portal page, web browser, and email account to facilitate
utilization-e.g., America Online and CompuServe. Over time, consumers and services evolved, access
to web-based email accounts became low-cost, and reliance on ISPs waned with the ability to connect
directly to the Internet through telecommunications companies. AFN's ISP partners also provide
technical support to their customers, such as setup assistance, virus scanning, and computer repair.
Some ISP partners contracted those customer support services from companies based outside of
southern Oregon. As such, those ISP partners primarily only hold an interest in marketing, customer
billing, and a small profit residual.
Serving as an Internet wholesaler has worked adequately for the City of Ashland whije contributing to
the financial success of its ISP partners. However, long term trends indicate AFN's cost pressures will
render the current wholesaler model unsustainable beyond 2013 and is a weakness in AFN's business.
The decline may also occur more rapidly, depending on the introduction and the viability of new
.substitutes such as 4G wireless.
Volume Incentives and Advertising
AFN's model for relying on external businesses to sell its services currently provides little incentive
to promote AFN above other services. Revenue margins for AFN products are essentially standard
across products. This fails to shape sales towards more profitable services while also leaving little
incentive for ISP partners to advertise more profitable products.
Revenue margins for some substitute products are higher than AFN's, such as DSL and dial-up
services. Margin differences are another reason why price increases are not practical-when AFN
increases wholesale rates, long-term revenue potential for selling the product falls if competition
does not allow for price increases. Historical examples of this effectively discouraged sales growth
when AFN would have benefitted from capturing more of Ashland's market.
Customers seeking the AFN brand by name will only get the telecommunications utility part of the
way to its financial goals. Lack of an incentives structure for AFN sales is a weakness that must be
addressed to drive revenue growth and increased advertising by ISP partners. This assumes AFN
retains its wholesale business model.
Partner-Competitor Challenges
AFN will not have the ability to tighten margins on ISP partners without leading them to sell
alternatives. ISP partners will naturally look for higher profit the majority of the time. At that point,
an AFN ISP .partner assumes a role that is both partner and competitor.
ISP partners have had success in ensuring AFN does not compete by selling Internet services directly
to residents. They were also not required to contribute financially to the construction of AFN in
return for the partnership benefits they received. This relationship puts Ashland Fiber Network in
the spot of relying on vendors who do not have an investment stake in the success or failure of the
telecommunications utility. The unnatural monopoly, in which the City of Ashland and Ashland
Fiber Network grant exclusive rights to sell AFN services to a consortium of partners, breaks down
when those partners can then elect not to sell that service to the economic detriment of the
resource. This artificial barrier to entry is a weakness that can quickly turn critical. However, its
SOIPage
removal does not necessarily mean AFN should become an Internet service retailer-the simple fact
that AFN could compete but elects not to gives AFN and its ISP partners more equal ground.
It is true that only one ISP partner looks to sell AFN as its sole option. The others offer competing
products and two ISP partners have indicated AFN is not their primary option as they make better
margins selling other services. ISP partners decide and set their own retail prices, but still must be
competitive with other providers. So, their emphasis on margin is a natural one.
AFN has the ability to enter the retail market quickly. It currently provides approximately 100
customers that requested AFN services directly.
Customer Data and Ownership
Retail Partners do not share customer data with Ashland Fiber Network, including any information
other than the modem identifier to allow onto the network at what speed. This prevents AFN from
performing business analysis to better project usage by service type, demand for additional services,
and geographic trends such as customer loss in an area where there is heavy advertising AFN and its
ISP partners can counter.
Stale Product Mix and Lack of Bundles
The current AFN product mix offered to the community consists of an analog cable television product
and Internet services via cable modem. Two of AFN's four ISP partners offer a VOIP Internet
telephone product and limited service bundles to customers. These bundled services fall short of
what national and regional telecommunications companies offer on the basis of services, content,
channels, VOIP telephone quality, and price discounts. Competitors offering bundled services such as
packaged TV/Internet/Phone services experience a lower churn rate.
Local resident are marketed to heavily by both satellite and cable television providers. Offers often
include deeply discounted introductory and loss-leader rates to get customers to switch. AFN and its
ISP partners have elected to refrain from similar marketing ploys or gimmicks to acquire new
customers. AFN also does not employ oversell practices common in the telecommunications industry,
wherein capacity is oversold and customers lose faith in the service's ability to perform as advertised.
The lack of bundled services has not noticeably affected AFN's market share to date, but is expected
to be a factor if not corrected.
Combined Consumer-Business Rates
AFN's current rate structure does not distinguish between business and residential customers. This is
an uncommon attribute that reduces revenues unnecessarily. Usage patterns for consumers and
businesses differ. Business activity tends to occur during the business day and customers require
more responsive customer support due to the impacts network problems have on their business
operations and customers. Residential usage peaks in the late evenings and customers have more
basic setup and configuration issues. This weakness in the rate structure should be addressed by the
time Ashland City Council approves ordinances setting AFN's rates.
Public Perception
Ashland Fiber Network has been a long-time target for local media and some critics. This is not
without cause. Shortcomings in the initial project plans produced cost overruns that appropriately
51 I P age
raised the concerns of residents. The need to work with local media to answer their questions and
keep AFN operations transparent to the community is a crucial component to turning the reputation
of the utility around. AFN can possibly achieve this.
Revenue Risk
The practice of diversifying revenue sources is a means of controlling risk. Broadening operating
segments and revenue sources is especially important in a telecommunications industry that is
changing rapidly. New media alternatives and substitute products can otherwise have devastating
impacts on the revenues and costs of a business. National telecommunications companies usually
maintain business lines that include television/video, Internet, telephone services, online advertising,
and television advertising for these reasons.
Ashland Fiber Network carries a minimally diverse set of operating segments. 87% of revenues come
from the Internet Service business line. Importantly, AFN's High-Speed and Cable revenues are
declining. This creates extreme sensitivity to fluctuations in Internet Service rates and could result in
major financial issues if prices fall.
AFN Revenues by Product Group (2010)
. High-Speed Data
. Internet Service
. Cable
_Other
Missing Coverage Areas
AFN is functionally built out. However approximately 1300 addresses scattered throughout Ashland
are not connected to Ashland Fiber Network. Construction costs at the time were projected to be
$1.29 million to reach the final addresses, with a projected return on investment period of over 40
plus years. Following is a map of the areas where AFN is missing coverage. The map reflects how AFN
is sometimes available to only some properties in the same neighborhood due to contractual or cost
reasons.
52 I P age
II
d
\
~
IL.,
J 't"J
.
It should be noted that approximately two hundred of the addresses missing AFN coverage are to
locations where owners declined connections. Many have exclusive discounted bulk agreements with
Charter Communications that also generate revenue for the property holders. These contracts
essentially lock AFN out of accessing those properties. Complicating the matter, AFN receives
installation requests from renters that it must refuse.
Based on AFN's finances and the unfeasible return on investment period to reach the approximately
1,100 addresses remaining, AFN will continue to be unable to provide those potential customers with
wired services.
Opportunities
Evolving High-Speed Cable Technologies
Quality fast Internet service generates almost all of the revenues that support AFN's operations. The
telecommunications utility must invest to maintain this .resource, or else deteriorate into an
unmarketable service.
There is no immediate limit to the bandwidth available via hybrid fiber-coaxial (HFC) technology
approaching. Being technically aligned with the major multiple system operators-e.g., Comcast,
Time Warner, and Charter Communications-means HFC networks will continue as an option with
substantial research and development invested into upgrade options.
DOCSIS 3.0 is the next high-speed cable technology milestone for Ashland Fiber Network. Rolling out
DOCSIS 3.0 will create the capacity for AFN to meet consumer orders for services with high speeds of
up to.50 Mbps. The telecommunication utility's System Plan incorporates this transition with
completion in 2012, detailing one-time capital investments and ongoing maintenance expenses.
53 I P age
It is unlikely that HFC networks will exceed speeds of 300 MB/sec, due to the tremendous amount of
frequency required to make this available. This means that to provide services that can obtain 100
MB/sec to AFN customers, staff will need to transition it into a passive optical network (PON). A PON
design will allow AFN to provide 1 GB/sec to the connected premises. AFN was originally designed
with enough fiber to provide this type of service, though it will require a significant rebuild of the
outside plant in Ashland neighborhoods.
Wireless Services
The Ashland Fiber Network offers three wireless products:
. AFN Anywhere-A limited-range 802.11B WiFi service retailed directly by AFN to consumers
with daily ($3.95), weekly ($12.95), and monthly ($30.00) rate options. This service was
created to meet the connectivity. needs of travelers visiting Ashland, but has important
faults that have limited growth.
. AFN Rural Wireless-A limited-range 802.11B product that provides services to
approximately 45 customers in targeted areas around Ashland, most of whom have no
access to other services. The access point/antenna is exclusively powered with solar panels
and wind generators.
. AFN Max-The latest WiMax wireless service offered by AFN. WiMax is a superior, robust
wireless service offering increased upload and download speeds, as well as greater
geographical reach. Because the spectrum is licensed and the City has a registered
frequency, customers will require a special antenna to connect to AFN Max until computer
manufacturers provide better options.
AFN's extension of WiMax services is the most economical means of delivering AFN Internet services
to new potential customers. The service is AFN's best strategy to service the roughly 1,300
unserviceable addresses described in the Weaknesses section. In addition, to supporting high speed
~ccess by visitors in the future, some residents simply prefer wireless options for their mobile
lifestyles.
Revenue Analysis
Capital Construction Costs: N$92,000
Annual Maintenance: N$1,400
Projected Annual Revenue: N$30,000 (Year 1), N$30,000 (Year 2), N$30,000 (Year 3)
Unadjusted Return Period: -3.0 Years
Cable Services RFP
The City's cable television head-end lease contract is held by Ashland Home Net and expires in
September 2010. The original terms include a $1,500 monthly base fee with an additional 7%
payment of monthly gross revenues. When AFN ended its direct cable television service and turned
over the head-end to Ashland Home net, AFN had a customer base of approximately 3,200
subscribers. As of May 2010, that figure has dwindled to just over 1,800.
The RFP for cable television will need to address capacity beyond analog services. One likely
explanation for Ashland home Net's declining customer base is the lack of digital, high-definition,
541Page
digital video recording, and perhaps IP-based television services to remain competitive with regional
and national providers.
Revenue Analysis
Capital Construction Costs: None expected at the following revenues.
Annual Maintenance: -$200,000
Projected Annual Revenue: -$200,000 (Year 1), N$202,000 (Year 2), -$205,000 (Year 3)
Unadjusted Return Period: N/A
Intenlet Service Provision
Retail ISP Model
AFN's strategy to serve as a wholesaler instead of retailer has been reviewed many times since its
2000 inception. One segment of stakeholders point to the revenues AFN has missed by allowing ISP
partners to collect a margin from the retail rate customers pay, despite the declining value of an
email account. Other stakeholder point to the fact AFN would require additional staffing to perform
technical support that the ISP partners are to provide. ISP partners can also size their staff more
quickly and at lower cost than the municipal government.
The real value of AFN having business partners in the future rests in their ability to innovate new
services. AFN can help provide to citizens access to those services for a share of sales. This agility
and the ability to afford the marketing of new services is an advantage AFN could benefit from. AFN
can reassess this position at a later time if needed.
To help answer the question whether AFN should switch to a retail Internet provider model; the
following analysis assesses potential gains, likely cannibalization from the transition from
wholesaler, and the gains that could realistically be expected. This analysis assumes AFN will have a
lower market share due to increased and direct competition. It also projects a customer loss rate of
15% against an average revenue gain of $6 per customer per month. AFN management believes the
35.1% market share retention is possible to achieve, although it is hard to predict how ISP partners
. will decide whether to abandon the market or compete, as well as how much to invest in competing
for low-margin business.
On balance, shifting to a retail model would indeed yield higher revenues for AFN. However, it is not
substantial enough to offset AFN's projected growth in costs and locks out potential partnerships for
new service that may generate much stronger revenue. Instead, AFN can execute new partner
contracts that maintain wholesale-retail relationships but add a full partner relationship option
aimed at generating additional revenues. This direction provides AFN with the best path for growth
without competing with long-time ISP partners. If successful, wholesale-retail vendors may also
convert to full partners in the future.
. __J. _~_._u_____
55 I P age
AFN Without ISPs
Market Ownership 2010 (Est) 2011 (proj) 2012 (proj) 2013 (proj)
Customers 4260 4600 5250 5700
Loss Rate 15% 15% 15% 15%
Net Customers 3621 3910 4463 4845
Share of Occupied Households 35.1% 36.8% 41.6% 44.8%.
Avg Gross Revenue per Customer,
Internet
Wholesale $ 403.81 $ 375.00 $ 323.81 $ 280.70
Retail (+$6 per month) $ 475.81 $ 447.00 $ 395.81 $ 352.70
Gross Revenue
Wholesale $ 1,720,228 $ 1,725,000 $ 1,700,000 $ 1,600,000
Retail $ 1,722,906 $ 1,747,770 $ 1,766,300 $ 1,708,840
Difference $ 2,678 $ 22,770 $ 66,300 $ 108,840
Community Internet Access
Direct Government-Citizen Communication
This business plan proposes AFN create a low-cost-of-charge slow-speed service open to all. AFN
Community Connection users would begin at a start page called AFN Community Connection. The
page would list the low-cost-access option, have content of interest to the community, and options
for higher-speed Internet access options available through AFN and its partners. Once a connection
option is chosen, a portal page would present with various community resources and contacts, such
as common citizen questions, resources for new residents, public safety updates, news from
schools, a community activities calendar, and communications from the City's elected and
appointed leaders.
The potential for AFN Community Connect is large. At minimum, it would provide a low-cost service
that connects residents to the Internet and each other on the basis of common community
information. This would occur as a direct service in return for the property taxes that go partially
towards AFN-related debt. AFN Community Connect adds value to AFN's customer channel at the
same time. Potential customers will have many opportunities to see and choose to connect at
higher speeds. Unfortunately, a slow-speed service only good for email and limited browsing is all
AFN could afford due to bandwidth costs.
Additional Service Offerings
Offering new services is a key strategy in AFN's emerging as a financially sound telecommunications
utility for the long-term. Offering new services through AFN Community Connect creates a value
channel that attracts customers and ultimately associates the products and services they buy from
that point with the community and/or local economy. ISP partner services, an Ashland Emergency
Notification System, and community content all serve to pull potential customers to an online location
where they look to as a place to meet their telecommunications needs.
56 I P age
Some ISP partners have inquired about contracting access on the AFN's WiMax/WiFi wireless system.
AFN may be able to negotiate a contract providing access and resale capability in return for capital
investment in the construction of the system or other cost offsets that invest the partners in t~e
success of those services.
New services also widen AFN's operating segments to help reduce the risks associated with
dependence on one business line. In the case of Ashland Fiber Network today, changes in costs and
prices for Internet service could cause major financial problems. From 87% of its revenues, the
Internet service line would lower to 83% in 2013 instead of increasing.
AFN Revenues by Product Group by 2013
0%
. High-Speed and
Business
. Internet Service
. Cable
. Wireless
New services would be developed under a multi-award contract through the City of Ashland and its
Ashland Fiber Network division. The intent is for this contracting vehicle to cover services offered
from "ISP partners" as well, transitioning them to Business Partners. Categories of new services to
explore with Business Partners include:
I. Internet Services
II. Software Services
III. Business Services
a. Network
b. Telephone
c.. IT Security
d. Computer Support
IV. Consumer Services
a. Network
b. Telephone
c. Security Software
d. Computer Support
Advertising
57 I P age
Ashland's status as a small community, but with desirable demographics and a large tourist
economy make actual advertising revenues hard to predict, but work exploring. The AFN channel of
AFN Community Connection, Ashland Emergency Notification System, low-cost slow-speed Internet
services, and a wealth of vendor services has the potential to generate enough traffic for revenues
to be significant, if successful.
Grants
AFN is positioned to qualify for some grants from Federal initiatives. It will pursue grants only as they
advance the priorities and direction covered in this strategic business plan.
. Billing Services
The City of Ashland can assess servicing the accounts receivables of its business partners. This
provides a number of advantages, including more timely receipt of payment and interest income;
faster detection on non-paying customers and termination of service; central management of non-
paying customers who attempt to hop services to avoid payment; revenues for the City of Ashland's
Utility Billing Customer Service Division; coupling with utility bills; and some economies of scale for
AFN's business partners. This option must be studied more to ensure capacity exists to handle the
customer service load in the Utility Billing Customer Service Division and.in Ashland Fiber Network. It
could then be addressed as term and condition in negotiations with vendors signing on to serve as
AFN business partners.
Sell or Franchise AFN System
Selling AFN may be accomplished if an outside provider such is seeking entry into Ashland, and/or if
one of the present competitors are interested in obtaining 100% market share. The industry standard
acquisition financial model is a multiple of annual cash flow, and/or a market rate price per subscriber.
The challenge and feasibility of selling or spinning off AFN can be attributed to its unique
public/private partnerships where AFN does NOT actually own the retail customer base, as the
customers have no relationship with AFN in the role of wholesaler of services.
\
Businesses and community members have periodically contacted the City of Ashland about purchasing
Ashland Fiber Network. Such an option would allow the City to concentrate on traditional municipal
services, but only if the financial impact was positive. City leaders would also need to consider the
economic effects of potentially having less competition.
All inquiries to date have involved the City retaining all of the debt, in return for annual payments and
possibly a share of revenues. No formal offers have been received as of May 2010.
Sale on Value of Assets
Sale Price
Total Annual Contribution to City Operating Costs
Total Annual Contribution to City Debt
Remaining Principal on Debt'
Remaining Principal and Interest on Debt'
Net
$ 4,300,000.00
$
$
$ (13,620,000.00)
$
$ (9,320,000.00)
$1.3 million infrastructure value +
$3 million goodwill for existing
business
Assume City pays off debt
58 I P age
Sale on Market Valuation of Customers
Sale Price
Total Annual Contribution to City Operating Costs
Total Annual Contribution to City Debt
Remaining Principal on Debt'
Remaining Principal and Interest on Debt'
Net
At $1,100 per customer with
-4,200 customers
$ 4,620,000.00
$
$
$ (13,620,000.00)
$
$ (9,000,000.00)
Assume City pays off debt
Sale on Value on Income Multiple
Sale Price
Total Annual Contribution to City Operating Costs
Total Annual Contribution to City Debt
Remaining Principal on Debt'
Remaining Principal and Interest on Oebt*
Net
$ 5,757,879.00
$
$
$ (13,620,000.00)
$
$ (7,862,121.00)
Post three-year overage annual
revenue of $1.92 million x 3 Years
Assume City pays off debt
Franchise or Contract Operations
Sale Price
Total Annual Contribution to City Operating Costs
Total Annual Contribution to City Debt
Remaining Principal on Debt*
Remaining Principal and Interest on Debt'
Net
$
Annual revenue of $2.1 million x
3 Years
Est. $350,000 per year and
$150,000 portion of safes with
1% grawth x 14 Years
$ 7,313,895.85
$
$
$ (20,000,293.35)
$ (12,686,397.50)
Sale Price
Continued Operation
$
Total Annual Contribution to City Operating Costs
Total Annual Contribution to City Debt
Remaining Principal on Debt*
Remaining Principal and Interest on Debt*
Net
$
$
$
$ (20,000,293.35)
$ (6,804,670.22)
$450,000 x 14 Years with average
.5% increase
$460,000 x 14 Years
6,755,623.13
6,440,000.00
'Debt figures are for FY2012 through FY2025
Figures are not adjusted for inflation due to predicted volatility in interest rates expected
Improved performance may allow the City to sell for a net positive in the future
Alternatively, the option exists for the City of Ashland to look at selling Ashland fiber Network at a later
date. If AFN's reorganization is successful, there may be an optimal point at which contributions to debt
59 I P age
and central services combine with a high enough sale price to make a sale the City's best option. The
City might also negotiate retaining some ownership of AFN to ensure it continues to serve its role in
connecting the community.
Bandwidth Contract
Capturing Decreasing Prices
The opportunity for capturing decreasing bandwidth prices over the next several years 'may exist if
local vendors are willing to agree in the City's Internet bandwidth RFP. As bandwidth continues to
become a commodity, capturing falling prices instead of signing a long-term contract at a higher
price wiU serve as a priority goal in AFN management's negotiations.
Alternative Designs
A component the coming RFP for Bandwidth includes a section for the proposer to be creative and
suggest ways to conserve bandwidth. If Ashland Fiber Network can identify a solution and sound
migration plan for decreasing bandwidth costs that may otherwise outstrip revenues because of
volume usage, the telecommunications utility will move in that direction. As an incentive, AFN
would also be willing to look at allowing its vendor(s) to retain a percentage the savings for
innovations during the life of the contract to offset what would be revenues lost by helping AFN
move to a more efficient option.
Alternative designs may' use local and regional partners, network traffic solutions or other means.
Because bandwidth prices are forecasted to fall in industry trending, another negotiation priority in
AFN's negotiations will be a contract that incentivizes performance metrics and decreasing prices to
automatically extend the life of the contract beyond an initial two years.
Threats
Substitute Products
Cellular Internet
Satellite Internet
\I\IIreless Networks
/
Bamalnlna Power of SUDollel"!l
Bandwidth Charges
Franchise Fees from City
FCC Regulations on Frequencies
FCC Regulations on Channels
Rlvalrv AmonD Comoetltors
AFN has edge in customer service
ISPs are easily interchangeable
Contention for advertising dollars
Potential price wars
Bankruptcy courts clear debt of competitors
Marketing gimmicks
Bundled service offerings
Baroalnlna Power of Buvs",
ISP Alternatives Available
Other Forms of Entertainment such
as PCs, Movies, Exercise
cJJl
Potential New Entrants
Online media providers ([p. TV/Movies)
Merged TV.Cable Companies (NBC-Comcast)
Telecommunications via POINElr lines
Satellite Broadband Services
New DSL Variant Options
60lPage
Bandwidth Consumption
Customers connecting to the Internet though AFN and its ISP partners consume ten times more
bandwidth than comparable municipalities, according to July 2009 figures from RVA, a market
research firm. Plausible explanations include the higher technical sophistication of users in Ashland,
fewer alternative pastimes present in a small communities, a much larger population with degrees and
advanced degrees than average, and the absence of desired programming options from local cable
providers.
Consumers are clearly adopting new entertainment products and services. Most of those options
consume bandwidth at a rate many times traditional options. As a lead example, the introduction of
high-definition video is coinciding with the emergence of Internet-based television and video-on-
demand movies as mainstream alternatives. Netflix, Blockbuster, and Google, have all announced
initiatives to grow and capture new markets. Developers of new products are typically unconcerned
with bandwidth consumption as they are not directly attributable to the costs of bandwidth-it is a
matter between the consumer and their Internet provider. Significant for AFN, Ashland's citizens have
shown themselves to be early and prolific adopters of those new media options.
Under its existing contract, Ashland Fiber network has bandwidth redundant capacity of up to 350
Mbps. The cost of this bandwidth is high at $75 per Mbps per month, though AFN's costs are on the
lower end of small and rural companies that provide Internet access services. For example, in 2009
responses to the Communications Commission's Notice of Proposed Rule Making, some similarly-sized
companies indicated their costs were as high as $500 per Mbps per month.
In contrast, a comparable cost rate for national/regional companies and those that are near a major
metropolitan is will likely range between $3 and $18. Bandwidth costs tend to move in relationship
with contract size and proximity to major infrastructure. On this point, bandwidth cost serves as an
indicator of the systemic disadvantage AFN has as a small player in a national to global market.
Without the scale to provide cheaper bandwidth contracts, AFN must bring bandwidth costs as low as
possible through effective contracting.
Rapid Increase
Telecommunications providers are working to redefine Internet service in the minds of their
customers due to rapidly escalating bandwidth consumption in the United States and other parts of
the world.
Recent Internet product advances now include tens of millions of movie titles available from
Movielink, Netflix, iTunes, Cinema Now, Amazon Unbox, and other providers of on-demand video
services. These companies supply high-bandwidth entertainment to AFN and Charter customers.
This adds to AFN's and Charter's costs. Consumers may also have high-definition video to their
game console; PC's pulling computer and software updates while watching YouTube videos; and
other on-network consumer devices connected at the same time. An average length high definition
movie consumes 4-5 gigabytes of bandwidth per download, multiplied by thousands of potential
customers using the service. Google TV announced in May 2010 that it will introduce an Internet-
based television system by the fall of this year that will give viewers access to "millions" of videos
and shows.
61 I P age
These examples illustrate why projected growth in bandwidth consumption is Ashland Fiber
Network's greatest threat on the expense side of its business. Currently, AFN pays $75 per MB/sec
for redundant Internet bandwidth. As a critical point, obtaining redundant bandwidth at reasonable
cost over next three years will still results in a projected cost of $408,000 by 2015, compared to
-$185,000 this year.
Exponential growth in bandwidth consumption is the greatest threat for small and regional Internet
providers like AFN. Some are experiencing congested networks and negative customer feedback.
Indeed, much like highways, the popularity of new sites and services affect traffic volume with some
infrastructures unable to support those trends. The May 2010 announcement of plans by Google,
Intel, and Sony for a major Fall 2010 release of GoogleTV is seen by some industry analysts as a
defining moment in the struggle between content versus bandwidth.
Bandwidth Growth on AFN
600.00
500.00 .
400.00
200.00
300.00
100.00
0.00 .
b b b ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
-------------------------
N ~ ~ = N ~ ~ = N ~ ~ = N ~ ~ = N ~ ~ = N ~ W = N
-mbits/S(!C
Based on consumption data, AFN's two key customer cohorts are (1) Non-traditional television
yiewers who are using Internet-based media to access entertainment content traditionally watched
on cable television and (2) users who connect to file sharing site and peer-to-peer networks to
download entire libraries of movies, often illegally. These groups are driving the AFN's utilization
increase, the growth in its operating costs, and occasionally even negatively impacting network
performance. Long-term, Ashland Fiber Network and other providers will need to solve the growth
in bandwidth consumption to survive financially.
The telecommunications and Internet industries are dynamic. Major innovations, consumer
products, and services launch frequently. The relatively recent of emergence of Internet-based
media as a primary option for entertainment is a critical development and AFN must adjust to
customer demands quickly.
Overhead Costs and Debt
AFN's expenses show peculiar ratios compared to similar businesses. Selling, General, and
Administrative (SG&A) expenses, the income statement item that depicts overhead costs not directly
tied to the production of goods or services, averaged approximately 22% of total revenues for
telecommunications industry companies in 2009. Salaries, benefit and pension costs, marketing costs,
insurance, rent and utilities, fleet administrative charges, and maintenance are all categorized under
621 p age
SG&A. AFN's equivalent rate in the Fiscal Year 2011 budget, not including debt, is projected to be
more than 50.9%. The City has not increased the internal service charges for four years.
An essential consideration in managing operating costs is the impact AFN's debt costs can have on City
of Ashland municipal services. What AFN is not able to pay is passed on as a liability to City
Departments dollar for dollar, including the Information Technology Department, which is funded
through central services charges. For this reason, the telecommunications utility is required to
continue to pay operating costs that are exceptionally high by all external standards.
2011 Expenses, Adjusted for One-Time Debt Payment
Personnel and Benefits $ 674,548 31.8%
Operating-- Bandwidth $ 185,000 8.7%
Operating-- Central Services $ 405,685 19.1%
Operating-- Debt $ 356,000 16.8%
Operating-- All Other $ 267,472 12.6%
Capital $ 233,500 11.0%
Total $ 2,122,205 100.0%
A cost factor all employers must manage is employee salaries and benefits. Costs for the City of
Ashland are high, with a benefits load averaging above 50% of salary. This effectively prevents AFN
from ramping up new services internally as the return on investments is hampered by the
incremental costs. For AFN, the cost of labor is an artifact of what it takes to be a competitive
emplC!yer in the Oregon union and government environment. As such, it is considered non-
mitigable and AFN will need to use contract services and its partnerships with businesses to improve
its service offerings. With rare exception, the City cannot afford to develop new products internally.
I
The City of Ashland must pay $1.43 million annually for debt financed through a full faith and credit
bond in 2004. Debt and the interest rate on that debt are serious weaknesses in Ashland Fiber
Network's business. In 2011, debt alone will constitute almost 28.4% ($700,000) of AFN's total
expenditures. It is projected to constitute between 17% and 21% of all expenditures in the following
two years. This seriously compromises AFN's ability to balance its bottom line and inhibits
investments into the infrastructure to support coming demand. Debt is a weakness that will
continue to negatively impact AFN's business in a substantial way, but must be carried.
Gauging AFN against telecommunications companies reveals a large portion of the companies that
built out or serviced networks in that period AFN began business are defunct and/or were
reorganized under bankruptcy protection to handle heavy debt loads. Global Crossing, Covad
Communications, Wordcomm (hastened by fraud), McLeod USA, Mpower, 360networks,
Metromedia, XO Communications, and Williams Communications Group all eliminated or greatly
reduced their debt in bankruptcy. Still, only a few survived their bankruptcy reorganizations.
Though the City of Ashland and AFN have struggled to set the telecommunications utility on strong
financial ground, it has not shirked its responsibilities and is paying off its debts.
63 1 P age
Emerging Technologies
High-Speed Wireless
Threats looming over the near horizon include the potential market entry of regional wireless
telecom providers such as Clear and Verizon. Larger competitors have the advantage of sizeable
marketing budgets and the ability to absorb short-term losses to attract customers.
The deployment of WiMax in Ashland, or AFN Max, will address some competitive concerns. The
intent is to achieve 99% coverage of the Ashland community with some type of AFN service has the
secondary benefits of slowing customer loss if demand for high-speed wireless services grows
rapidly. The positioning may also discourage other companies from building wireless infrastructures
that have a much longer return-on-investment period, as well.
Specialized Networks
The communications industry may be on the precipice of a transformation. This evolution is
characterized by three drivers: First, deregulation launched a new class of carriers that are spending
billions to build out their networks and develop innovative new services. Second, the decline in the
cost of fiber optic cabling and Ethernet equipment is beginning to make them a feasible option for
limited-access networks. Third, the Internet has spawned genuine demand for broadband services,
leading to unprecedented growth in Internet protocol liP) data traffic and putting pressure on
carriers to upgrade their networks.
The convergence of these factors is leading to a fundamental paradigm shift in the communications
industry, a shift that will ultimately lead to widespread adoption of a new opticallP Ethernet
architecture that combines the best attributes of fiber optics and Ethernet technologies. This
architecture has the prospect of becoming the new dominant means of delivering bundled data,
video, and voice services. By default, these resources will not be mainstream, but have the potential
to alter consumer usage patterns.
IP-Based Television and Movies
As noted previously in this document, entertainment video and audio downloads are cutting into
AFNs margins considerably, as external organizations and customer use bandwidth to receive and
redistribute content. Technically the cost for bandwidth is not between the customer and AFN, but
between AFN and the greater Internet. Thus, if traffic could be retained within the AFN network
and traffic to the Internet reduced, AFN could greatly reduce its bandwidth expenses. Options for
bringing video and movie content into the AFN network may be the only viable means for
controlling spiraling bandwidth costs.
One method is to provide an on-network source for video services that provided to customers via IP
multicast on the local network. This would entail obtaining programming either in IP already, or
transcoding it to IP, and providing it to customers via a subscription service, much like with
traditional cable television. Although content providers have not worked with Internet providers in
the past, new options may open as access to content begins to perform poorly for a critical mass of
consumers-e.g., AT&T customer iPhone activity I many parts of the nation.
641Page
A critical threat coming in the fall of 2010 is Google TV, which is slated and publicized to have a
massive launch. Google TV intends to create an interactive platform that collapses the past division
between the television and Internet browsing. The hardware and service are being developed in
partnership with Sony, Logitech, and Intel, indicating enough resources will back Google TV's
introduction to help it be a quick success. Google owns YouTube, which is simultaneously working
on a viewer for Google TV called "Lean Back" to bring web video and interactive playlists to the
televisions.
Google TV will unquestionably increase bandwidth traffic for Ashland Fiber Network. Initial media
hype and curious users are expected to generate enormous bandwidth activity on the Internet,
giving a first indication of how consumers will fare in aggregate. A strong product coupled with
minimal reported Internet performance problems could incite incredibly high demand and cause
national Internet providers to scramble to handle their customers' activity.
Google may change the way cohsumers view TV and this will have significant impacts on AFN's
financial performance. Google TV represents an AFN Internet service revenue opportunity that is
out of proportion to the threat of extremely higher bandwidth costs. Google Tv will also be a threat
to income from leasing out AFN's cable television head-end, as it will be a direct competitor for
viewers.
Open Government and Competition
The City of Ashland works to conduct its business in a transparent manner for open public
involvement and insight. This approach has the potential to inhibit the successful management of
Ashland Fiber Network at times, by openly revealing and communicating AFN's business plans,
products, a.nd direction. Nonetheless, AFN will operate with the ambition of being a strong
community resource and will always conduct itself as an open part of government that welcomes
public input.
6SlPage
Appendix C-Current AFN Rates Structure
The following chart is AFN's current flat wholesale rate structure, implemented in January 2009.
Ashland Fiber Network Products
Effective January 1, 2009
AFN BRONZE - The f-mailer's Internet
Diol Up Alternative
Up to 256 Kbps Download I 256 Kbps Upload
$15.74 fmonth
AFN SILVER - The Moderate User's Internet
DSL Alternative
Up to 1.5 Mbps Download I 256 Kbps Upload
$25.19 fmonth (Non Certified VOIP 005 available-)
AFN GOLD - The Heavy User's Internet
Chorter Alternative
Up to 5 Mbps Download I 256 Kbps Upload
$27.77 fmonth (Non Certified VOIP 005 available-)
$25/month additional fee for l't Static IP Address
SID.SO/month additional fee for each additional to 6 total
$S.iS/month additional fee per address for Dynamic IP
AFN GOLD PLUS PROMOTION - The Hame Business Internet
Up to 7 Mbps Download 11 Mbps Upload
$47.77 fmonth (Non Certified VOIP 005 available-)
$26.25/month additional fee for 1" Static IP Address
SID.SO/month additional fee for each additional to 6 total
$5.25/month additional fee per address for Dynamic IP
AFN PLATINUM - Small Business & Seriaus Gamers' Internet
5ynchronousfBurstable up to 10 Mbps
$69.77 fmonth (Non Certified VOIP 005 available-)
$26.25/month additional fee for l't Static IP Address
SID.SO/month additional fee for each additional to 6 total
SS.25/month additional fee per address for Dynamic IP
-QoS SUPPORT @ 53. SO/month per modem
QoS ensures that Internet-based digital phone service has priority on the AFN network, increasing call quality.
661Page
Appendix D-Draft AFN Rates Structure
The following chart is AFN's proposed rate structure, to be updated with partner input and implemented
in January 2010.
AFN Rates Structure (Proposed)
Community Access-Low-cost service provided to Ashland (does not include hardware)
Down 0.256 Mbps
Up 0.256 Mbps
Wholesale Cost $ 9.00 /Month
Retail $ 9.00 /Month
~ Q~ ~
Basic-General Internet usage with minimal online media usage
Down
Up
Wholesale Cost
Est Retail Cost
Cap
WiMax-High-speed wireless access in covered areas
Down
. 1.500
0.256
25.00
30.00
30.000
$
$
3.000
0.256
Up
Wholesale Cost $
Est Retail Cost $
Cap
Start $
48.00
100.000
200.00
Mbps
Mbps
/Month
/Month
GB
Mbps
Mbps
/Month
/Month
GB
Or $8/mo rent
Choice-General Internet usage with some usage of online media
Down 5.000
Up 1.000
Wholesale Cost $ 28.00
Est Retail Cost $ 35.00
.,
Cap 100.000
Preferred-General Internet usage with more usage of online media
Down 10.000 Mbps
Up 2.000 Mbps
Wholesale Cost $ 38.00 /Month
Est Retail Cost $ 45.00 /Month
Cap 100.000 GB
Family Entertainment-Regular usage of web-based television and movies
Down 15.000 Mbps
Up 2.000 Mbps
Wholesale Cost $ 45.00 /Month .
Est Retail Cost $ 55.00 /Month
Cap 300.000 GB
Mbps
Mbps
/Month
/Month
GB
67 1 p age
Up
Wholesale Cost
Est Retail Cost
Cap
Includes Qual.ity of Service and 15tatic IP Address
SOHO- Small Office/Home Office usage with higher two-way traffic
Down 15.000
Up 4.000
Wholesale Cost $ 53.00
Est Retail Cost $ 65.00
Cap 300.000
Includes Quality of Service and 4 Static IP Address
Small Business-Capacity to support Internet usage, IP-based phones, and websites
Down 25.000 Mbps
Up 10.000 Mbps
Wholesale Cost $ 73.00 /Month
Est Retail Cost $ 85.00 /Month
Cap 500.000 GB
Includes Quality of Service and up to 4 Static IP Address
Fiber-Fastest speed for all intensive uses
Down 100.000
Up 100.000
Wholesale Cost $ 300.00
Est Retail Cost $ 400.00
Cap Unlimited
Includes Quality of Service and up to 6 Static IP Address
Wireless-Supplemental service for customers wanting access to AFNAnywhere or AFNMax
Add-On Mobile $ 5.00 /Month
Rentals $ 25.00 /Week
Garners-For advanced gamer, MMORG, and media Internet usage
Down
20.000
3.000
55.00
65.00
200.000
Up
Wholesale Cost
Est Retail Cost
Cap
Ultimate Home- Premium home package
Down
$
$
25.000
5.000
65.00
75.00
300.000
$
$
Mbps
Mbps
/Month
/Month
GB
Mbps
Mbps
/Month
/Month
GB
Mbps
Mbps
/Month
/Month
GB
/Month
681Page
Appendix E-AFN Max Wireless Coverage
Squirrel Ranch W1reles5 Coverage
service Center Wireless Coverage
Beacon Hili Wireless Coverage
69 1 p age
Appendix F-Ashland Census Data
2000 Census Information
Total Population
2007 Estimate*
Area (Square miles)
Government
Gender
Male Population
Married (Older than 15 years)
Female Population
Married (Older than 15 years)
Age
Median Age
<5 Years Old
>18 Years Old
?:65 Years Old
Race/Ethnicity
White
Black
American Indian/Alaska Native
Asian
Native Hawaiian/Pacific Islander
"Some other race"
i "Two or more races"
White/Hispanic Cohort
Household Descriptors
Population in Households
Population in Group Quarters
Average Household Size
Average Family Size
Housing
Total Housing Units
Number of Occupied Housing Units
Occupied by Owner
Occupied by Renter
Vacant
Ashland, OR
US Averages
19522
21630
6.5
Strong Mayor
9003
3547
46.12%
39.40%
49.10%
56.70%
10519
3644
53.88%
39.60%
50.90%
52.10%
37.9
802
15846
2896
35.3
81.17%
14.83%
74.30%
12.40%
17873 91.55%
118 0.60%
199 1.02%
365 1.87%
26 0.13%
333 1.71%
,608 3.11%
695 3.56%
75.10%
12.30%
12.50%
18308
1214
2.14
2.72
2.59%
3.14%
9050
8537 94.33%
4456 52.20%
4081 47.80% 33.80%
513 5.67%
70 1 P age
Education
High School Graduate or Higher
Bachelor's Degree or Higher
Labor
Percentage In labor Force
Mean Travel Time to Work (minutes)
Median Household Income
Median Family Income
Per Capita Income
Families Below Poverty level
Individuals Below Poverty level
11660
6240
94.60%
50.60%
80.40%
24.40%
64.20% 63.90%
16.7 25.5
$ 32,670.00 S 41,994.00
S 49,647.00 S 50,046.00
S 21,292.00 S 21,587.00
570 12.50% 9.20%
3598 19.60% 12.40%
. -- Portland State University, Center for Population Research and Census
r
"
71lpage
(The following document is an interpretation of the raw meeting notes, that tries to express more
of the flow and direction of the discussion. It's based on the notes themselves and my, possibly
inaccurate, memory of the meeting - Js. Aug. II, 2010.)
City of Ashland Meetin!! with ISPs
August 5, 2010: I :00 PM to 3:00 PM, Siskiyou Room - David Hand (Computer Country), Jim
Teece (Ashland HomeNetIProject A), Jeff Rhoden (Infostructure), Ron Kramer (Jeffuet) plus
Lloyd, Silbiger, Stromberg.
The focus of this meeting was to enable the ISPs to communicate directly with the Council by
including this report in the Council packet for August 17th. (Because it wasn't possible to
schedule a meeting with the full Council in time, this meeting and the notes it generates are being
used instead.)
Meeting Notes Interpretation
Jim-[Makes 3 points...] The ISPs aren't speaking collectively in all regards. A lot of the
concerns are with process. AFN staff answered many questions at a meeting they held with ISPs
on August 3rd.
Ron-The ISPs have been involved with the Council in various degrees but this is the first time
they've 'met' (i.e. communicated) with the Council directly. Some ISPs believe they have not had
the ability to discuss AFN with the decision-makers themselves. Even if much has been
answered, it's still important for the ISPs and the Council to talk together. There is a long history
of a broken process. Maybe a bi-annual meeting (semi-annual?), study paper, or other meeting
can help fill that need. It's not always good to have City staff as a funnel because indirect
communication is not always 100% accurate'.
Mayor-Isn't there a balance between contractual relationship on the one hand and partnership
and community roles on the other?
Ron and J eff- The (ISP) Partners and AFN each want the other to be successful. Past AFN
management imposed its needs on the ISPs instead of developing ideas to grow together. That
would have constituted an actuall full relationship. Having an Executive Advisory Board is a .
sufficient solution in the eyes of some but it is still surprising to some ISPs that the Council
doesn't want to be as involved.
Mayor-What concerns would the ISPs like the Council to be aware of?
I) Ron-It's hard for the ISPs to determine analytically whether the proposed AFN strategy
is genuinely beneficial for them and that they therefore want to participate. The strategy
is not sufficiently specific (numerically) so that the ISPs can calculate what their costs
and revenues would be. What's more, there are no projections of the expected market
Page I of5
response to the various services proposed in the strategy - which makes it hard for the
ISPs to evaluate how optimistic/realistic the strategy's assumptions are.
2) Jeff-Within a year to a year and a half we should be able to tell if the proposed strategy
is working. What if it isn't - what happens then? Does the City outsource it or lease it
out? If this is the downside risk then it would be better to make that decision now, so far
as the ISPs are concerned, because they would be hung out to dry, i.e. left with no partner
after commiting themselves to various subcontracts and investments in product
development and marketing that they couldn't recoup. Certainly AFN should refrain from
signing long term contracts now [meaning the bandwidth contract - there's a concern that
the proposed AFN strategy could position the contract awardee to take over AFN if the
strategy fails]. Also - separate subject - charging $8 for wh~t was the free, 256K 'always
on' service in an earlier version of the strategy, creates the same problems for the ISPs as
the free service did.
3) David-[restating a similar concern to Ron's...] A strategy should include a pro forma
[profit and loss] projection. This would allow the ISPs to evaluate the strategy's chances
of succeeding. In particular ISPs need AFN to give them enough
information/assumptions that they can calculate their likely costs if they sign up with
AFN. Moreover, some parts of the strategy would compete with existing products of the
ISPs. How is AFN going to address those impacts? It doesn't appear to be planning to
compensate the ISPs for impacts of these kinds.
4) Jim-We're getting caught up in operational details when we should be asking, "Is the
strategy correct and will it work for us, the ISPs?". The main issues from the City's point
of view are to provide AFN to everyone in Ashland and to acquire new customers [i.e. a
significant net increase over the current level, taking into account the 'churn']. As things
look now the new products may have too many negative effects on the ISPs. Also the
Council is basing its decision too much on operational issues and not paying enough
attention to the strategy itself. For himself and his business the overriding concern is that
AFN hasbeen and is currently losing money, i.e. net revenue is negative when you
include AFN's required contribution to debt service on its bond. AFN is Ashland
HomeNet's only partner and all its business depends on AFN. He's invested a lot on the
assumption that AFN was a going concern and would continue indefinitely. For these
reasons the risks for Ashland HomeNet are greater than for the other ISPs.
Mayor-Acknowledges AFN will have to deal with changing external conditions (market and
technological) in the next 18 months to 3 years in order to remain viable/relevant. The proposed
strategy is an attempt to stabilize AFN and implement a business model that will allow it to
continue operating beyond that time frame.
Page 2 of5
Jeff, David, and Ron-[not persuaded, and reiterating previous arguments] We don't think the
plan has gone into enough practical detail for the partners [ISPs] and we don't want AFN making
long-term commitments. It closes AFN's options later - you won't be able to get out of this long
contract for Internet bandwidth.
Jim and Ron-The strategy contains operational decisions that are problematic for the ISPs and
the ISPs want to work together with AFN to resolve them, not be presented with a fait accomplit
that they have to accept or reject without being able to change it.
Mayor and Jim-Acknowledge/agree that the question of AFN debt is a challenge with respect to
AFN financial success. It's the City's debt regardless of what happens with AFN but the City is
requiring a portion of the debt payment to be covered by AFN's operations.
Ron and David-We want the strategy's implications to be expressed numerically before we, as
partners, will be willing to commit. [Again] What happens if the strategy fails in the short term?
There are significant risks for the ISPs if this happens. The precedent of AFN's deploying
wireless without discussing it at all with the ISPs instead of collaborating with them on the
design of the project is troubling. The ISPs, as businesses, are better suited than the City to
assessing the economic viability of a decision and can better tell if it will be sustainable in the
long run.
Jim-However, AFN is proposing to draw upon the strengths of all the ISPs to benefit all of
them and AFN as well. This is a good change [because it recognizes that AFN and the ISPs are
interdependent and attempts to make a business strength out of that relationship].
Mayor-Does the strategy have anything in it that's a deal-breaker in the sense that it's good for
AFN but hurts the ISPs?
. Jeff-Don't offer the low-cost service. It hurts the ISPs and loses money for AFN.
Too many of the ISPs' existing customers will move to the new service, away from
more profitable services, and the ISPs will lose money. Plus it's not an effective
promo because few customers that initially choose it will upgrade to other, higher
return services. Could the new ISP contracts contain protections for the ISPs in case
this occurs? Also Infostructure will only sell products with its own brand on them
[though it will 'white label' its products for another entity to market as its own brand].
However, historically Infostructure has refrained from using its products to compete
against AFN-based services in Ashland. This has been by choice [supporting your
business partner?] and not the terms of Infostructure's contract with the City.
. Ron-Can we limit the $9 service exclusively to new customers [so it doesn't
cannabilize our other customers]? Is the purpose of this low-cost serice to make AFN
available to everyone in the community [a social strategy] or is its purpose to grow
AFN [by getting them on a path to periodicly up-grading their service - a business
Page 3 of5
strategy]? The AFN strategy calls for increasing market penetration but if you
achieve this by offering a no-profit or low-profit product then you're not really
accomplishing your goal. On the other hand [and unlke Infostructure for example]
Jeffnet is not concerned about losing dial-up customers to the AFN $9 service.
[A discussion ensued about how the ISPs could have regular access to the Council as
we go forward and it was pointed out that the Council doesn't have the necessary
expertise (technical, marketing, financial,etc.) for this idea to work, even though the
Council is the decision-making body. Rob pointed out that the proposed Executive
Advisory Board would be the natural entity with whom the ISPs could communicate
and also collaborate...]
. David-An Executive Advisory Board just recreates the problem [assuming its
members are no better qualified than the Council]. The Board would need both the
right composition of its membership and also clear goals for how it is to function with
respect to AFN operations and also collaboration with the ISPs and other business
partners.
. Jim-Does not want to see AFN shut down because this would critically hurt his
business. However the partners [ISPs] do need AFN's debt contribution and other
internal costs to be locked in as part of the partner contracts and not subject to being
increased at the City's whim ifit needs more money for the general budget. [The
Mayor asked that if such protections were included would it then be fair to also
include restrictions on the ISPs' ability to compete against AFN with their other
products. ]
Russ-[redirecting the conversation...] We're spending most of our time on the least profitable
and smallest portion of customers. Instead we should be discussing: (I) ISP communications
with City; (2) the significant fact that relationships with AFN's managers are better now than
they've been in the past;(3) we need to move forward and can't stay mired in the past; (4) the
Executive Advisory Committee is a potentially good tool for improving communications
between ISPs and the Council and, in general, ISP communications should be with the
Department and not with the Council. We don't do this with other contractors and it could get us
in trouble.
[Somewhere towards the end of the meeting Jim spoke about the positive potential of the ISPs
working together, combinging their strengths to be able to offer each others' services and create
new ones - bundling of phone, internet and cable tv, for example - that would benefit both the
ISPs and AFN. He proposed that all the partners, including AFN, should move quickly in this
direction because delaying just loses money and opportunity for everyone.
Page 4 of5
[At this point the Mayor summarized various points from the preceding discussion, including a
comment that had been made that AFN's signing of a long term bandwidth contract demonstrated
the City's intention to keep AFN viable, and also the issue of to whom the customers 'belong'.
He ended by asking if, in order to get bundled services to sell outside the City, would the ISPs
help AFN sell bundled services within the City.
Jeff answered: Maybe - we could talk.]
Page 5 0[5
CITY OF
ASHLAND
Council Communication
Letter of Commitment in Support of Community Challenge Grant Application
Associated with the Regional Problem Solving (RPS) Plan
Meeting Date: August 17,2010 Primary Staff Contact: Bill Molnar
Department: Community Development E-Mail: bill\alashland.or.us
Secondary Dept.: Nt A Secondary Contact: Derek Severson
Approval: Martha Be Estimated Time: 15 minutes
Question:
Does the City Council wish to provide a requested Letter of Commitment in support of a Community
Challenge Planning Grant application being prepared by the Rogue Valley Council of Governments
(RVCOG) entitled "Institutionalizing Livability, Sustainability, and Affordability in Southern Oregon
through Comprehensive Planning" in association with the Greater Bear Creek Valley Regional
Problem Solving (RPS) Plan?
Staff Recommendation:
Staff recommends that Council provide the requested Letter of Commitment in support ofRVCOG's
"Institutionalizing Livability, Sustainability, and Affordability in Southern Oregon through
Comprehensive Planning" Community Challenge Planning Grant application.
Background:
At its June 29, 2010 meeting, the City Council approved Resolution #2010-21 which provided
comment to Jackson County on its adoption of the Greater Bear Creek Valley Regional Problem
Solving (RPS) Plan. This resolution provided Ashland's recommendations with regard to the issues of
coordinated regional population allocations; efficient land use and transportation planning and
implementation efforts; restrictions on development within Ashland's urban fringe; jurisdictional
transfer of county roads; high value farm land; and regional housing strategies.
The U.S. Department of Housing and Urban Development (HUD) recently announced a $40 million
"Community Challenge" Planning Grant Program to foster reform and reduce barriers to achieving
affordable, economically vital, and sustainable communities. HUD's funding is designed to target
housing, economic development, and land use planning strategies that will increase the efficiency and
effectiveness ofrelated transportation planning.
The Rogue Valley Council of Governments (RVCOG) is seeking grant funding for a project entitled
"Institutionalizing Livability, Sustainability. and Affordability in Southern Oregon through
Comprehensive Planning" in the amount of $ 1.8 to $2 million for additional planning efforts to
complement the work already in progress with the RPS Plan. If approved, the grant would fund the
identification of nodal development focus areas within existing cities and proposed urban reserves and
develop strategies, standards and plans for the development of these areas (which could also serve as
models for nodal development elsewhere in the region). The grant would also develop major
transportation, infrastructure corridor, transit, and bicycle and pedestrian plans to serve the nodal
development sites throughout the urban reserves and cities, as well as creating model codes and design
standards to implement these plans. Finally, the grant would support a comprehensive survey of open
space, park and natural corridor opportunities in the urban reserves. While the full urban reserve areas
Page 10f2
~.l'
CITY OF
ASHLAND
are not to be conceptually planned with a full range of land uses at this time, the grant proposal will
recognize the importance of identifying the open space, park and natural corridors well in advance of
development to assure their preservation while allowing for linkages with existing open space and
natural corridors and providing for buffers to agricultural areas impacted by urbanization.
A requirement of the "Community Challenge" Planning Grant is that the applicants provide letters of
commitment from partner organizations. As a demonstration of support for the proposed project, the
organizational partners providing these letters include a description of how they are going to provide
support in the form of matching funds or leveraged money to the grant project or for projects which
complement the grant project.
In staffs view, a successful grant application would move the RPS process further in the direction
urged by Council in Resolution #2010-21, and Ashland could provide support for the application
through complementary efforts tied to our on-going work on the RPS Plan and our Transportation
System Plan update which is already in progress and which seeks to do many of the same things for
Ashland that the "Community Challenge" Planning Grant would do for the region.
Related City Policies:
Ashland Comprehensive Plan policies related to the recognition of the need for regional collaboration
with respect to land use planning issues.
Council Options:
I. Approve and sign the attached draft Letter of Commitment in support of the "Community
Challenge" grant application;
2. Choose not to provide a Letter of Commitment in support of the grant application;
Potential Motions:
1. Move to approve and sign the Letter of Commitment in support of the Rogue Valley Council of
Governments' Community Challenge Grant application.
Attachments:
Exhibit A - Draft Letter of Support
Note: More information on the HUD Community Challenge Grant and other Sustainable Community
Initiatives is available on-line at: htto://www.hud.gov/sustainabilitv .
The current Draft Regional Plan for the Greater Bear Creek Valley and supporting appendices can be
viewed at the website of the Rogue Valley Council of Governments at:
http://rvcog.org/mn.asp?pg=RPS Plan 2010
,
A calendar of public meetings to discuss the plan at the Jackson County Planning Commission and in
each of the participating cities is available on-line at:
http://rvcog.org/mn.asp?pg=RPS Public Meetings 2010
Page 2 of2
r~'
CITY OF
ASHLAND
August 17,2010
Michael Cavallaro, Executive Director
Rogue Valley Council of Governments
P.O. Box 3275 .
Central Point, OR 97502
Dear Mr. Cavallaro,
The City of Ashland wishes to express its support of, and commits to participate in, the
proposed Community Challenge Grant entitled "Institutionalizing Livability,
Sustainability. and Affordability in Southern Oregon through Comprehensive Planning."
We believe this project will provide a critical next step to the groundbreaking ten-year
Regional Problem Solving plan process by providing the region with critical tools to
improve our future ability to maintain functional urban centers amidst working
agricultural and forest land.
As participants in the proposed project, we will provide the following as match over the
three-year implementation period (November 2010 to November 2013):
CCPG ACTIVITY FUNDING VALUE
SOURCE
Finalization of Regional Problem Solving Plan City 178 hours x $50 =
process (the final stage of RPS Plan approval, $8,900
incorporating County adopted Plan into City the
ComDrehensive Plan & Ordinances, etc.)
Transportation System Plan Update- City $241,740
Staffing, Direct Expenses, Consultant Services
Transportation System Plan Update- State (ODOT $175,000
Consultant Services Grant)
Total City, State $425,640
While the values above represent an estimate of monetary value and, in some cases,
timelines and schedules, they are our best estimate based on historic patterns and state-
and federally-mandated planning requirements.
Respectfully,
John Stromberg, Mayor
City of Ashland
Administration
20 E. Main Street
Ashland, Oregon 97520
www.ashland.or.us
T .1: 541488-6002
Fax: 541488.5311
TTY: 800.735.2900
r.l'
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Ordinance Relating to Storage of Vehicles
August 17,2010 Primary Staff Contact: Richard Appicello
City Attorney's Office E-Mail: appicelr@ashland.or.us
Police Department Secondary Contact: Terry Holderness
Martha Benn Estimated Time: 5 minutes
Question:
Will the Council approve Second Reading of an ordinance titled, "An Ordinance Creating Chapter
11.34 Relating to Storage of Personal and Recreational Vehicles and Amending AMC 11.24.020 and
AMC 11.60.01O.?
Staff Recommendation:
Staffrecommends Council approve the Second Reading and approve adoption of the Ordinance.
Background:
First Reading of the ordinance occurred on August 3, 2010. The Council did not make any changes to
the text ofthe Ordinance. '
On June 29, 2010, the City Council discussed the proposed ordinance and provided some direction to
staff. See 6-29-10 Council minutes attached as Exhibit A. Several changes were made to the
Ordinance:
1. The term "recreational vehicle" was replaced with "oversized vehicle" in the definitions section
and throughout the ordinance. Now a recreational vehicle is just a type of oversized vehicle:
Sec. 17-163. Oversized vehicle defined.
An oversized vehicle is any vehicle, whether motorized or non-motorized, that
exceeds 22feet in length, or 94 inches in width or 92 inches in height. Any extension caused
by any accessory, with the exception of side view mirrors, trailer hitches or roof racks,
attached to such vehicle shall be considered part of the measured distance. Oversized
vehicles shall also include all buses, tractors, semi-trailers, motor coaches, trailers,
campers, camper-trailers, house-cars, trailer coaches, motor homes, and other equipment
or machinery, regardless of width, length or height. Automobiles, pickup trucks, sport
utility vehicles and passenger vans that are over 92 inches in height will not be considered
oversized vehicles when they exceed the height limit solely due to the modification of the
suspension system or the addition of oversized tires.
2. Provisions were added to address the prohibited use of a personal vehicle as primarily a
container for storage of personal items.
3. A definition was added to clarify the term "in front of or contiguous to" and allows for vehicles
to be parked in nearby parking bays.
4. Corrected cross reference in 040 to reflect 050.
5. Class B changed to Class II.
Page I of3
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CITY OF
ASHLAND
6. Added new Section 3 to strike first clause of AMC 11.60.010, "Based on ORS 483.542." This
is a reference to a statute repealed in 1983 that used to apply to truck routes. No substantive
change was made to AMC 11.60.010, as it is consistent with the 72 hour provision of 11.34.
The current law on Truck Routes is set forth in ORS 810.040 and ORS 227.400. If the Council
wishes to change truck routes, the Public Works Department must consult with the County and
State concerning any proposals. A public hearing would be required.
Related City Policies:
Ashland City Charter Article X, Ordinance Adoption Procedures
Council Options:
1) Move to approve Second Reading and adopt the ordinance.
2) Postpone consideration of the proposed ordinance.
Potential Motions:
Staff: Conduct Second Reading of the ordinance by title only.
Council: Motion to approve Second Reading and adopt the ordinance.
Attachments:
Proposed ordinance.
Page2of3
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r..'1
CITY OF
ASHLAND
EXHIBIT A
Minutes from June 29, 2010:
.
Does Council have any direction for staff regarding the draft ordinance titled, "An Ordinance
Creating Chapter 11.43 Relating to Storage of Personal and Recreational Vehicles and Amending
AMC 11.24.020"?
Police Chief Terry Holderness presented the staff report, explained how parking and storing vehicles on the
roadway generates controversy, and was a values decision for the City. Most cities in Oregon and the western
states require vehicles to be moved every 24-72 hours with additional restrictions on recreational vehicles (RVs).
The City encourages people to park their vehicles and walk or ride bikes but there is very little on street parking
for residents and some homes do not have off street parking. The proposed ordinance was more permissive and
considered vehicles parked for more than 72 hours with debris underneath as stored. It gave citizen's the right
to park their vehicles on the street for an unlimited time as long as the area beneath was clear of debris.
Recreational vehicles could sit for 72 hours on the street as long as they were parked within the resident's
property line, did not block traffic or restrict vision. Currently enforcement was complaint driven.
Colin Swales/143 8" Street/Supported the proposed ordinance and recalled a parking issue regarding a
tractor-trailer that blocked a neighbor's second story view. Many things could be done to calm traffic in
neighborhoods and deter large trucks using bump outs, traffic circles and bicycle boulevards. He asked for
clarification on a State ordinance regarding trucks leaving the truck route.
Council discussed extending parking limitations for RVs and adding language prohibiting using a vehicle on
the street for storage. Staff will look at contiguous parking, change the Class B Violation, address using
personal vehicles forstorage and add language for oversized vehicles.
Councilor Lemhouse/Jackson m/s to direct staff to bring back the ordinance for first reading on July
20, 2010 with suggestions included. Roll Call Vote: Councilor Silbiger, Navickas, Lemhouse, Jackson,
Chapman and Voisin, YES. Motion passed.
Page3 of3
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ORDINANCE NO.
AN ORDINANCE CREATING CHAPTER 11.34 RELATING TO
PROHIBITED STORAGE OF PERSONAL VEHICLES AND OVERSIZED
VEHICLES, INCLUDING RECREATIONAL VEHICLES AND
AMENDING AMC 11.24.020 AND AMC 11.60.010.
Annotated to show aeletisns and additions to the code sections being modified. Deletions are
bold lined through and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the Citv The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession;
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. Citvof
Beaverton v. International Ass'n of Firefighters. Local 1660. Beaverton Shop. 20 Or. App. 293,
531 P 2d 730,734 (1975);
WHEREAS, the code provisions regulating the storage of personal vehicles was revised in 2009
to be compliant with the City's use of the Law Enforcement Data System (LEDS); and
WHEREAS, the city would like to establish a procedure for abating the nuisance of stored
personal vehicles and oversized vehicles in the public rights of way that is consistent with the
City's LEDS contract; and
WHEREAS, the city would like to clarify its prohibitions against storing personal and oversized
vehicles, including recreational vehicles, on the City's right of way.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Sections 11.34.010 [Definitions] through 11.34.040 [Exception for Recreational
Vehicles] are hereby added to read as follows:
11.34 Stored VehicIes
11.34.010 Purpose
The city has iurisdiction and exercises rel!:ulatory control over each public ril!:ht-of-
way whether the City has a fee. easement. or other lel!:al interest in the ril!:ht-of-wav.
The use of the City's ril!:ht of way is l!:enerally prohibited pursuant to AMC
Page 1 of5
13.02.040. which states that "no person or entity may occupy or encroach on a
public ril!ht-of-way without the permission of the city." The purpose of this chapter
is to rel!ulate parkinl! on the City's ril!ht of way to prevent the ril!ht of way from
beinl! used to store personal vehicles and oversized vehicles. includinl! recreational
vehicles. Oyersized yehicles should be stored at outdoor and indoor storal!e
facilities properly zoned and permitted for such storal!e use. and not in pnblic ril!ht
ofwav.
11.34.020 Definitions
"In front of or contil!uous to the yehicle owner's dwellinl!:" - For purposes of this
ordinance "in front of' means the ril!:ht of way directly in front of and on the same
side of the street as the owner's dwellinl!: and between the lot lines of the property on
which the dwellinl! is located. For purposes of this ordinance "contil!:uous to" means
touchinl!: either one of the owner's lot lines on the same side of the street at the point
where the lot line intersects the ril!ht of way and extendinl!: away from the lot line in
. either direction in the ril!ht of way not more than 22 feet. For purposes of this
ordinance "contil!:uous to" also means in the nearest parkinl!: bay in the ril!ht-of-wav
in either direction and on either side of the street from the yehicle owner's
residence.
"Oversized yehicle": an oversized vehicle is any yehicle. whether motorized or non-
motorized, that exceeds 22 feet in lenl!th. or 94 inches in width or 92 inches in
heil!ht. Any extension caused bv any accessory, with the exception of side view
mirrors. trailer hitches or roof racks. attached to such yehicle shall be considered
part of the measured distance. Oversized yehicles shall also include all buses.
tractors, semi-trailers. motor coaches, trailers. campers, camper-trailers. house-
cars. trailer coaches, trailer houses. motor homes, boats horse trailers. mobile
homes. utility trailers, and other equipment or machinery, or other recreational
vehicles rel!:ardless ofwidth.lenl!:th or heil!:ht. Automobiles, pickup trucks, sport
utility vehicles and passenl!:er vans that are over 92 inches in heil!ht will not be
considered oversized yehicles when they exceed the heil!ht limit solely due to the
modification of the suspension svstem or the addition of oversized tires.
"Personal Vehicle"; motorized vehicles that are owned and used by households for
personal transportation, such yehicles include automobiles, station wal!:ons,
passenl!:er Yans. carl!:O vans. pickup trucks. ieeps, motorcvcles, and similar vehicles.
11.34.030 Stored Personal Vehicles Prohibited
It is unlawful for any person to park or store any personal vehicle on any public
ril!ht-of-way:
A. For more than seventy-two (72) hours. and
B. In a manner that resnlts in the accumulation of debris around or under
the vehicle or in a condition that prevents it from beinl! driven. includinl!
flattires; [or 1
c. For more than seventy two hours, and
Page 2 of5
D. The personal vehicle is beinl! used primarily as a container for the storal!e
of personal items in or on the vehicle.
E. It shall constitute prima facie evidence of storal!e of a vehicle if the
vehicle meets the criteria in paral!raphs A & B or C & D above. Any
vehicle parked on the ril!ht-of-way within the City in violation of this
section may be treated as an abandoned vehicle pursuant to AMC 11.32
or abated pursuant to AMC 2.31. Violation of AMC 11.34.030 [Stored
Personal Vehicles Prohibited! is a Class II violation.
11.34.040 Stored Oversized Vehicles Prohibited
It is unlawful for any person to park or store any Oversized Vehicle on any public
ril!ht-of-way except as provided in this chapter. It shall constitute prima facie
evidence of storal!e of a Oversized Vehicle if the Oversized Vehicle is not within the
exception in AMC 11.34.050. Any Oversized Vehicle parked on the ril!ht-of-way
within the City in violation of this section mav be treated as an abandoned vehicle
pursuant to AMC 11.32 or abated pursuant to AMC 2.31. Violation of AMC
11.34.040 rStored Oversized Vehicles Prohibited! is a Class II violation.
11.34.050 Exceptions for Oversized Vehicles
An Oversized vehicle mav be lel!ally parked on the public ril!ht-of-way in front of
or contil!uous to the vehicle owner's dwellinl!, provided it meets all of the followinl!
criteria:
A. Is not parked for more than seventy-two (72) hours;
B. Does not constitute a hazard to traffic on the public streets;
C. Does not restrict vision of motorists on the public street;
D. Does not obstruct view from any other property;
E. Has a currently valid license or rel!istration;
F. Is operable, includinl! adequate tires; and
G. Is attached to a vehicle if required for movement of the Oversized vehicle.
To complv with the seventy-two (72) hour time restriction. an Oversized vehicle
must be moved more than one hundred (100) feet from the parked location in which
the seventy-two (72) hour time period has expired.
SECTION 2. Section 11.24.020 [Prohibited parking] is hereby amended to read as follows:
11.24.020 Prohibited parking
In addition to the provisions of the motor vehicle laws of Oregon prohibiting parking, no
person shall park:
A. A vehicle upon a bridge, viaduct, or other elevated structure used as a street or within
a street tunnel in this City, unless marked or indicated otherwise;
B. A vehicle in an alley except to load and unload persons or materials not to exceed
twenty (20) consecutive minutes in any two (2) hour period;
Page 3 of5
C. A vehicle upon a street for the principal purpose of:
1. Displaying the vehicle for sale;
2. Washing, greasing, or repairing the vehicle except repairs necessitated by an
emergency; or
3. Selling merchandise from the vehicle except in an established marked place or
when so authorized or licensed under the ordinance of this City;
1. Storage, or as juol.age or dead storage fer mere thao seYeo~' two (72)
heUF5.
D. A vehicle upon any parkway except where specifically authorized;
E. A vehicle upon private property without the consent ofthe owner or person in charge
of the private property;
F. A vehicle within any area marked off by yellow paint upon the street or upon the curb,
except where specifically authorized bya traffic sign, (Ord. 1557 S13, 1968)
G. A vehicle or any part thereof upon a sidewalk or bicycle path. (Ord. 1971 S 1, 1978)
H. Or stand or stop a truck or bus on a public street or in a public parking area with its
engine running, if such engine emits exhaust fumes into the air. Vehicle engines shall be
turned off when loading and unloading passengers or merchandise. This subsection H
shall not apply to:
I. An engine running for less than five minutes.
2. A vehicle in the moving traffic lane waiting to move with the normal flow of
traffic.
3. An engine needed to operate equipment used to load or unload merchandise,
4. Trucks under 12,000 GVW and buses with a carrying capacity of fifteen
passengers or less, or
5. Emergency vehicles, utility company, construction and maintenance vehicles,
the engines of which must run to perform needed work.
SECTION 3. Section 11.60.0 I 0 [Regulations] is hereby amended to read as follows:
11.60.010. Regulations
Based oDORS 183.312, U. S. Highway 99 and Oregon State Highway 66 are hereby
designated as truck routes within the City of Ashland and motor vehicles having a
licensed gross vehicle weight of over 19,999 pounds, shall not use, travel, or be parked
upon any other streets in the City of Ashland except where such motor vehicles are using
said streets for the purpose of making a delivery or picking up a load, or traveling to and
from a fueling facility in the City of Ashland, by the most direct route possible. Nothing
contained herein shall prevent an owner or operator from taking a motor vehicle to the
residence of such owner or operator so long as the motor vehicle is not left there for a
period longer than is reasonably necessary for normal maintenance and overnight and
weekend rest periods for the owner or operator.
SECTION 4. Severability. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses.
Page 4 of 5
SECTION 5. Savinl!s. Notwithstanding this amendment/repeal, the City ordinances in
existence at the time any criminal or civil enforcement actions were commenced, shall remain
valid and in full force and effect for purposes of all cases filed or commenced during the times
said ordinance(s) or portions thereof were operative. This section simply clarifies the existing
situation that nothing in this Ordinance affects the validity of prosecutions commenced and
continued under the laws in effect at the time the matters were originally filed.
SECTION 6. Codification. Provisions of this Ordinance shall be incorporated in the City Code
and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another
word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however
that any Whereas clauses and boilerplate provisions (i.e. Sections 4-6) need not be codified and
the City Recorder is authorized to correct any cross-references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the _ day of ,2010
and duly PASSED and ADOPTED this _ day of ,2010.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2010.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Page 5 of5
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Adoption of the Oregon Fire Code
August 17,2010 Primary Staff Contact:
Fire E-Mail:
None Secondary Contact:
Martha Benn Estimated Time:
Margueritte Hickman
hi ckmanm \alashland.or. us
John Kams
10 minutes
Question:
Will Council approve First Reading of an ordinance titled, "An Ordinance Relating to Adoption of the
Oregon Fire Code and Amending AMC Chapter 15.28"?
Staff Recommendation:
Staff recommends the adoption of the Oregon Fire Code with Ashland Amendments as presented.
Background:
The Oregon Legislature adopts the Oregon Fire Code every three years through the guidance of the
Oregon State Fire Marshal's Office. Local jurisdictions have the option of adopting and amending the
code in manners which best meet the needs of the local jurisdiction. In this adoption, there are two
significant changes recommended.
The first is an organizational change which more accurately combines the amendments to the existing
text of the Oregon Fire Code into AMC 15.28.070 titled Amendments to the Oregon Fire Code. The
changes which removed 15.28.040,050, and 060 also added them to the list of amendments in
15.28.070. In substance, there are no changes to this section. The amendments to the Oregon Fire
Code which are listed here were also adopted during the 2007 adoption.
The second change in AMC 15.28.060 is substantial in text; but creates a clearer method for the fire
department to reguhite activities and operations within the city limits during fire season which have the
potential to start fires. The department has been operating in this manner for many years and has been
issuing notices with these kinds ofregulations. The Oregon Fire Code allows the fire code official to
establish requirements that are essential for public safety in OFC 102.9. Activities that would be
regulated by this section of the code include chainsaw use, mowing of dry grass, sparking emitting
processes and other actions that have a greater fire potential during the summer season. Historically,
the city has followed the Oregon Department of Forestry (ODF) regulations throughout the city in a
modified way. ODF regulations will still apply in the Wildfire Hazard Zone, where lands are dually
protected with ODF and within one-eighth of a mile of ODF protected lands.
A policy will be created which allows the application of AMC 15.28.060. The application of this
section will require a policy modification as the seasonal conditions change each summer. It will
follow the ODF restrictions which are based on weather and fuel moisture.
Related City Policies:
Ashland City Charter Article X, Ordinance Adoption Procedures
Page I of2
r~'
CITY OF
ASHLAND
Council Options:
(I) Move to approve First Reading of the ordinance and set second reading for September 7, 2010.
(2) Postpone First Reading to a certain date.
Potential Motions:
Staff: Conduct First Reading:
Council: Move to approve First Reading of the ordinance and set second reading for September
7,2010.
Attachments:
Draft Ordinance.
Page 2 of2
~.t. 1
ORDINANCE NO.
AN ORDINANCE RELATING TO ADOPTION OF THE OREGON
FIRE CODE AND AMENDING AMC CHAPTER 15.28
Annotated to show deletions arid additions to the code sections being modified. Deletions are
bold" .. and additions are bold underlined.
WHEREAS, Article 2. Section I of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions, statutes,
and common law of the United States and of this State expressly or impliedly grant
or allow municipalities, as fully as though this Charter specifically enumerated each
of those powers, as well as all powers not inconsistent with the foregoing; and, in
addition thereto, shall possess all powers hereinafter specifically granted. All the
authority thereof shall have perpetual succession;
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. City of
Beaverton v. International Ass'n of Firefighters, Local 1660. Beaverton Shop. 20 Or. App.
293,531 P 2d 730, 734 (1975);
WHEREAS, the State of Oregon has adopted the 2009 edition ofthe International Fire
Code, as amended by the Office of State Fire Marshal, as the Oregon Fire Code;
WHEREAS, the City wishes to adopt the new code and make additional amendments to its
Fire Code.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Section 15.28.010 [Adoption of Oregon Fire Code] is hereby amended to
read as follows:
15.28.010 Adoption of Oregon Fire Code
The WG1 2010 Oregon Fire Code and appendices A through L & SR are hereby
adopted, except where specifically excluded or modified by this section. The 2007
Oregon Fire Code and all adopted appendices, as excluded or modified by this
section, will be referred to in the Ashland Municipal Code as the Oregon Fire Code.
One copy of the Oregon Fire Code and appendices shall be filed in the office of the
City Recorder. .
Ordinance No.
Page I of5
SECTION 2. Sections 15.28.040 [Above ground Storage of Flammable or Combustible
Liquids] through 15.28.070 [Amendments to the Oregon Fire Code] are hereby amended to
read as follows:
15.28.040 This section intentionally left blank. ,'.bove ground Storage of
Flammable or Combustible Liquids
The limits referred to in Section 3101.2.9.5.1 3101.2.9.6.1 of the Oregon Fire
Code in which the storage of flammable or cembustible Class 1 and II liquids in
above ground tanlw outside of buildings is restrieted are established as follows:
All City of l"shland residential and historical district areas as defined in the
Comprchcnsive Plan.
15.28.050 This section intentionally left blank. Storage of Liquefied
Petrolcum Cases Restricted.
The limits referred to in Section 3801.2 of the Oregen Fire Code, in whieh
storage of liquefied pctroleum gas is rcstricted, are establishcd as follows: ,'.11
City of J"shland residential and historical district areas as dcfined in the
Comprehensb'e Plan are limited to the aggrcgate capacity of anyone installation
shall net exceed a water capacity of 500 gallons.
Exception: In partieular installations, this eapacity limit shall be dcterminedby
the Fire Code Official, after consideration of spccial features such as
topographieal conditions, nature of oecupancy, and proximity to buildings,
capaeity of proposed eontainers, degree of fire protection to be provided and
capabilities of tile local fire department City .of .A"sllland Fire & Life Safcty
Division.
15.28.060 Restricted uses durinl! fire season.
A. When the Fire Code Official determines that an increased fire risk exists
in the City of Ashland. the Fire Code Official. may enact a policy to restrict
activities that increase the potential for the il!nition of fires that create a hazard
to life. property or resources.
B. The policv must indicate what activities are restricted. and the time
period for which the restriction will be in effect.
C. For the purposes of consistencv and coordination between all
cooperatinl! al!encies with adiacent boundaries. a plan shall be developed bv the
Fire Code Official in cooperation with the Orel!on Department of Forestry and
other federal. state and locall!overnmental al!encies affected by the restrictions.
The primary obiective of the plan is to achieve uniformity of fire restrictions
rel!ardless of land ownership: however. exact uniformity is not required. The
plan shall recol!nize variations in fire danl!er. and it shall specify levels of
restrictions by unique but easily recol!nizable l!eol!raphic boundaries.
D. Permits may be issued by the Fire Code Official or desil!nees. which
allow a person to conduct a restricted activity as lonl! as specified fire
prevention measures are taken to reduce the potential for fire il!nition.
Ordinance No.
Page 2 of5
Storage ef Explosives Prohibited.
The seepe referred to in Chapter 3301.1 of the Oregan Fire Code whieh
references the Orcgen Re',ised Statutes and Oregan :\dministrath'e Rules
related to explosi-les is amended as fallows. The sale, manufaeture, possession,
transfer and storage of explosives as defined by ORS 480.200 (3) are prehibited
in all arcas within the Cit)' of ?shland. limits.
15.28.070 Amendments to the Oregon Fire Code
The Oregon Fire Code is amended in the following respects:
Oreeon Fire Code section 105.6.30 Open Bumine. Delete and replace with the
following: See Ashland Municipal Code 10.30.
A. Section 506.1 Replace the second sentence as fallows: The licy box shall
be of an approYed type, Add the followine sentence: The key box shall be
installed and maintained in accordance with the manufacturer's instructions, and
shall contain keys to gain necessary access as required by the fire code official.
B. Section S08.S.1 & Exceptions: Delete and replace with the fallowing: The
approved fire apparatus operating area must be loeated within 300 fcet from a
hydrant, as measured Ily an appro'/ed route, along an approved driving surfaee.
"'ith the installation of an approYed automatie fire sprinlder system, hydrant
di~tanee may be inereascd to liOO feet.
B. Section 507.5.1 Delete and replace with the followine: Where required.
Where a portion of the facility or buildine hereafter constructed or moved into
or within the iurisdiction is more than 300 feet from a hydrant on a fire
apparatus access road, as measured bv an approved route around the exterior
of the facility or buildine, on-site fire hydrants and mains shall be provided
where required bv the fire code official.
Exceptions:
1. For Group R-3 and Group U occupancies, the distance requirement
shall be 300 feet.
2. For buildines equipped throuehout with an approved automatic
sprinkler svstem installed in accordance with Section 903.3.1.1 or
903.3.1.2, the distance requirement shall be 600 feet (183 m).
C. Section 3301: Notwithstanding ORS 480.110 through ORS 480.165 and
OAR 837-012-0600 through OAR 837-012-0675, the sale of retail fireworks as
defined in OAR 837-012-0610 is prohibited within the City of Ashland. The use of
retail fireworks within the City is prohibited.
D. Section 3301 Storaee of Explosives - Prohibited. The scope referred to in
Chapter 3301.1 of the Oreeon Fire Code which references the Oreeon Revised
Statutes and Oreeon Administrative Rules related to explosives is amended as
follows. The sale, manufacture, possession, transfer and storaee of explosives as
Ordinance No.
Page 3 of5
defined bv ORS 480.200 (3) are prohibited in all areas within the City of
Ashland.
E. Above-l!round Storal!e of Flammable or Combustible Liquids
The limits referred to in Section 3101.2.9.5.1 3404.2.9.6.1 of the Orel!on Fire
Code in which the storal!e of flammable or combustible Class I and II liquids in
above-l!round tanks outside of buildinl!s is restricted are established as follows:
All City of Ashland residential and historical district areas as defined in the
Comprehensive Plan.
F. Storal!e of Liquefied Petroleum Gases - Restricted.
The limits referred to in Section 3804.2 of the Orel!on Fire Code, in which
storal!e of liquefied petroleum l!as is restricted, are established as follows: All
City of Ashland residential and historical district areas as defined in the
Comprehensive Plan are limited to the al!l!rel!ate capacity of anvone installation
shall not exceed a water capacity of 500 l!allons.
h Exception: In particular installations, this capacity limit shall be
determined bv the Fire Code Official, after consideration of special
features such as tOPol!raphical conditions. nature of occupancv. and
proximity to buildinl!s. capacity of proposed containers. del!ree of fire
protection to be provided and capabilities of the local fire department
City of Ashland Fire & Life Safety Division.
D. f.ppcndilt: DI05.1 Change first sentence as fallows: Buildings or portions of
buildings er faeilities exceeding 21 feet in height abo'/e the lowest le'/el of fire
departmcnt '/ehicles access shall be provided with appro'/ed fire apparatus
access roads eapable of aeeommodating fire department aerial apparatus.
Appendix DI05.2 & 105.3 Change 30 feet to 21 fect.
G. Appendix DI0S - Aerial Fire Apparatus Access Roads
Remove and replace DI0S.l with the followinl!: Where required. Buildinl!s or
portions of buildinl!s or facilities exceedinl! 24 feet in heil!ht above the lowest
level of fire department vehicle access shall be provided with approved fire
apparatus access roads capable of accommodatinl! fire department aerial
apparatus. Overhead utility and power lines shall not be located within the
aerial fire apparatus access roadwav.
Remove and replace DI0S.2 with the followinl!: Width. Fire apparatus access
roads shall have a minimum unobstructed width of 26 feet in the immediate
vicinity of anv buildinl! or portion of buildinl! more than 24 feet in heil!ht.
SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this
ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall
not affect the validity of the remaining sections, subsections, paragraphs and clauses.
Ordinance No.
Page 4 of5
SECTION 4. Savinl!:s. Notwithstanding this amendment/repeal, the City ordinances in
existence at the time any criminal or civil enforcement actions were commenced, shall
remain valid and in full force and effect for purposes of all cases filed or commenced during
the times said ordinance(s) or portions thereof were operative. This section simply clarifies
the existing situation that nothing in this Ordinance affects the validity of prosecutions
commenced and continued under the laws in effect at the time the matters were originally
filed.
SECTION 5. Codification. Provisions of this Ordinance shall be incorporated in the City
Code and the word "ordinance" may be changed to "code", "article", "section", "chapter" or
another word, and the sections of this Ordinance may be renumbered, or re-lettered,
provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 3-5)
need not be codified and the City Recorder is authorized to correct any cross-references and
any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) ofthe City Charter on the _ day of ,2010
and duly PASSED and ADOPTED this _ day of ,2010.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2010.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Ordinance No.
Page 5 of5
CITY OF
ASHLAND
Council Communication
Second Reading of Ordinances Adopting
Chapter 18,53 Croman Mill and Related Ordinance, Ashland Comprehensive
Plan, and Comprehensive Plan and Zoning Map Amendments
Meeting Date: August 17,2010 Primary Staff Contact: Bill Molnar
Department: Community Develo ment E-Mail: rnolnarb\alashland.or.us
Secondary Dept.: None Secondary Contact: Maria Harris
Approval: Martha Benne Estimated Time: 30 minutes
Question:
Will the City Council approve the second reading of the ordinances adopting Chapter 18.53 Croman
Mill and related ordinance, Ashland Comprehensive Plan, and Comprehensive Plan and Zoning map
amendments, and the findings of fact to accompany the amendments?
Staff Recommendation:
Staff recommends approval of second reading of the ordinances adopting Chapter 18.53 Croman Mill
and related ordinance, Ashland Comprehensive Plan, and Comprehensive Plan and Zoning map
amendments, and approval ofthe findings of fact to accompany the amendments.
Background:
At the August 3, 2010 meeting, the Council completed first reading of ordinances implementing the
Croman Mill Site Redevelopment Plan (2008), and scheduled second reading for August 17.
The revisions the Council made over the course of the deliberations at the May 26, June I, June 29 and
August 3 meetings are detailed below. The Council's revisions as well as minor editing corrections
have been incorporated to the attached ordinances for second reading. The final item attached to the
Council Communication is the findings document which accompanies the packet of amendments sent
to the Oregon Department of Land Conservation and Development, and addresses the applicable
Statewide Planning Goals as well as related Oregon Administrative Rule requirements.
The Croman Mill Site Redevelopment Plan and the Economic Opportunity Analysis (EOA) are
available on-line at www.ashland.or.us/croman or in the City Administration office. Since the
Council previously received the redevelopment plan and the EOA and the documents have not been
changed, they were not photocopied for this packet. The record for the planning action is located on
the project web site www.ashland.or.us/crornan at http://ashland.or.us/files/2010-05-
04 CromanMill P ARecord web.odf.
Revisions
c
1. Change in Land Use Overlay (18.53.020.8.1.a.1)
At the June I meeting, the Council directed staff to revise Chapter 18.53 to limit changes in land use
overlays to Compatible Industrial (CI) or Office Employment (OE). The following revision was made
to the attached ordinance to address this item.
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CITY OF
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1. Major and Minor Amendments.
a. Major amendments are those which result in any of the following:
(I) A change in the land use overlay to CI Compatible Industrial or OE Office
Employment.
(2) A modification to the street layout plan that necessitates a street or other transportation
facility to be eliminated.
. (3) A change not specifically listed under the major and minor amendment definitions.
2. Limited Stores, Restaurants and Sbops; Child or Day Care Facilities; and Ancillary Employee
Services (18.53.040.8.3)
At the August 3 meeting, the Council directed staff to revise the size allowed for several of the special
permitted uses. The following revision was made to the attached ordinance to address this item.
,
3. Limited Stores. Restaurants and Shops; Child or Day Care Facilities; and Ancillarv
Employee Services.
a. In the CI Compatible Industrial. MU Mixed Use and OE Office Employment
overlavs. a maximum of 15 percent of the l!ross floor area in a buildinl! may be
used for any or a combination of the followinl! special permitted uses when the
standards in this section are met: limited stores. restaurants and shops; child or
day care facilities; and ancillarv emplovee services.
b. Limited Stores. Restaurants and Shops: In the MU Mixed Use overlay. the floor
area shall be limited to retail uses in coniunction with a permitted use.
c. Child or Day Care Facilities: Primarv prOl!ram activities are intel!rated into the
interior of the buildinl!.
d. Ancillarv Employee Services: Developments may include ancillary employee
services such as cafeterias. fitness areas. or other supportive services l!enerally
intended to support the needs of emplovees when the followinl! standards are met.
i. The use is intel!rated into the interior of the buildinl!.
ii. Tbe ancillary employee services shall be in coniunction witb a permitted or
special permitted use on the property.
3. Change to Area Allocation for Special Permitted Use (18.53.020.8.1.b) and Minor
Amendment Type I Procedure (18.53.020.8.3)
At the August 3 meeting, the Council directed staff to add changes to area allocations for special
permitted uses to the list of Minor Amendments in 18.53.020.B.l.b. In addition, staff recommends
providing more specificity to the language regarding approval of a minor amendment. The following
revisions were made to the attached ordinance to address these items.
18.53.020.B.l
b. Minor amendments are those which result in any of the following:
(I) A change in the Plan layout that requires a street, access way, multi-use path or other
transportation facility to be shifted more than 25 feet in any direction, as long as the
change maintains the connectivity established by the Croman Mill District Plan.
(2) Changes related to street trees, street furniture, fencing or signage.
Page2of8
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CITY OF
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(3) A change in the design of a street in a manner inconsistent with the Croman Mill
District Standards.
(4) A modification of a driveway access location in a manner inconsistent with the Croman
Mill District Standards.
(5) A site layout, landscaping or building design which is inconsistent with the Croman
Mill District Standards.
(6) A chanl!e ta an area allacatian far special permitted uses in sectian ]8.53.040.B.
~ QLA change in a dimensional standard requirement in section l8.53.oe~0, but not
including height and residential density.
18.53.020.B
3. Minar Amendment Type I Pracedure
A minor amendment to the Croman Mill District Plan is subject to an administrative
decision under the Type I Procedure. Minor amendments shall not be subject to the
Administrative Variance from Site Design and Use Standards of Chapter 18.72. A minor
amendment may be approved upon finding that granting the approval will result in a
development design that equally or better achieves the stated purpose af this chapter. aHd
objectives of specific Craman Mill District Standards, and l!uidinl! principles af the
district Craman Mill Site Redevelapment !}Plan.
4. Limited Outdaar Starage (]8.53.040.B.9)
At the June 29 meeting, the Council directed staff to increase the area that can be used for Limited
Outdoor Storage to be a maximum of"2,500 sq. ft. in the CI overlay, or 50 percent of the ground floor
area of the building housing the associated permitted or special permitted use, whichever is less
l!reater." The following revision was made to the attached ordinance to address these items.
9. Limited Outdaar Starage.
Limited outdoor storage associated with a permitted or special permitted use when the
following standards are met.
a. The maximum area dedicated to outdoor storage shall be 1,000 sq. ft. in the OE and
MU overlay; and 2,500 sq. ft. in the CI overlay, or 50 percent of the ground floor
area of the building housing the associated permitted or special permitted use,
whichever is less-l!reater.
b. The outdoor storage shall be located behind or on the side of buildings, and shall be
located so the outdoor storage is the least visible from the street that is reasonable
given the layout ofthe site.
c. The outdoor storage shall be screened from view by placement of a solid wood or
metal fence, or a masonry wall from five to eight feet in height. fdl otltaoor storage
materials sllall 813 cOfltaifled witllifl tile refuse area.
d. The associated permitted use shall obtain a minimum of 50% of the employment
density targets for the Croman Mill District.
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CITY OF
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5. Type I Planning Approvals (18.108.040)
At the June 1 meeting, the Council directed staff to modify the Type I Planning Approval procedure to
allow Type I approval of Site Review for buildings up to 15,000 square feet in size in the Croman Mill
District. The following revision was made to the attached ordinance to address these items.
18.108.040.
Type I Procedure.
A. Actions Included. The following planning actions shall be subject to the Type I Procedure:
I. Site Design Review. The following developments that are subject to the Site Design
Review Standards outlined in 18.72 shall follow the Type I permit procedures.
a. Downtown Design Standards Zone. Any development which is less than 2,500 square
feet or ten percent of the building's square footage, whichever is less.
b. Detail Site Review. Any development in the Detail Site Review Zone, as defined in the
Site Review Standards adopted pursuant Chapter 18.72, which is less than 10,000
square feet in gross floor area.
c. Commercial, Industrial and Non-residential Uses
i. All new structures, additions or expansions in C-I, E-I, HC and M zones, not within
the Downtown Design Standards zone, that do not require new building area in
excess of 20% of an existing building' s square footage or 10,000 square feet of
gross floor area, whichever is less.
ii. All new structures or additions less than 15,000 SQuare feet of !!ross floor area
in the CM zonin!! district.
HI. Expansion of impervious surface area in excess of 10% of the area of the site or
1,000 square feet, whichever is less
IV. Expansion of parking lots, relocation of parking spaces on a site, or other changes
which alters circulation affecting adjacent property or public right-of-way.
v. Any change of occupancy from a less intensive to a more intensive occupancy, as
defined in the City building code, or any change in use which requires a greater
number of parking spaces.
VI. Any change in use of a lot from one general use category to another general use
category, e.g., from residential to commercial, as defined by the zoning regulations
of this Code.
vii. Any exterior change to a structure which requires a building permit and is listed on
the National Register of Historic Places or to a contributing property within a
Historic District on the National Register of Historic Places.
d. Residential
i. Two or more residential units on a single lot.
ii. All new structures or additions less than 10,000 square feet of gross floor area, other
than single-family homes or accessory uses on individual lots
iii. Construction of attached single-family housing (e.g. town homes, condominiums,
row houses, etc.) in all zoning districts.
iv. Off-street parking or landscaping, in conjunction with an approved Performance
Standards Subdivision required by ordinance and not located within the boundaries
of the individual unit parcel (e.g. shared parking).
v. Any exterior change to a structure which requires a building permit and is listed on
the National Register of Historic Places.
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CITY OF
ASHLAND
6. Changes to Maps
At the May 26 meeting, the Council directed staff to make a series of changes to the maps. Those
changes have been made as described below. The maps are included in the Croman Mill District
Standards attached to Ordinance #3, and the Comprehensive Plan Map, Zoning Map and Zoning
Overlay Map are also attached to Ordinance #5.
o Zoning and Land Use Overlays maps: M-I Industrial zoning retained for properties at 695 and
697 Mistletoe (Kruise/Hamilin)
o Zoning and Land Use Overlays maps: M-I Industrial zoning retained and Detail Site Review
Zone not applied to the properties at 650, 700 and 750 Mistletoe Road (DiRienzo/Knox)
o Phase II of Central Boulevard map: Mistletoe Road location shown as main access with
original concept shown as secondary option with notation that "alternative Central Blvd.
location contingent upon property owners consent"
o Street Framework, and Pedestrian and Bicycle Framework maps: Potential Rail Crossing was
added
6. Central Boulevard Street Standard
Staff previously recommended removing the on-street parking lanes on the Central Boulevard. While
on-street parking is often necessary in retail and service-oriented areas, plentiful and easily accessible
short-term parking at the front of the building is generally not as critical in light industrial and office
areas. Additionally, this suggestion was also an effort to address concerns raised throughout the
process regarding the cost of building the public infrastructure, and the overall plan being cost
prohibitive to economic development. By removing the on-street parking lanes on each side of the
street, the overall width of the street improvement would be reduced which in turn reduces the
construction cost.
At the May 26 Council meeting, the Council directed staff to remove the on-street parking lanes and
reduce the Central Boulevard cross section to three lanes (i.e. two travel lanes and a median/center turn
lane). The Council also directed staff to retain the right-of-way width requirement for a five-lane street
(i.e. two travel lanes, a median/center turn lane, and two on-street parking lanes). If the parking lanes
are removed and not built but the wider 90-foot right-of-way is retained, the result will be an additional
eight-foot setback of buildings on each side of street. The graphic on the next page depicts the
outcome ofretaining the unused right-of-way.
Page 5 of8
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CITY OF
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MedianfT urn Lane
-
Travot lena
.... Pow
ITT
!
Staff recommends reducing the required right-of-way width to match the width of the three-lane street
when it is built. Staff believes there are two reasons for not retaining the wider 90-foot right-of-way.
First, the property owner would be required to dedicate the additional eight feet on each side of the
street as public right-of-way, and therefore donate land that could be used for buildings or associated
site development by the adjacent lot to use for job creation purposes. Second, a setback of buildings
from the Central Boulevard is contrary to the "active edge" street envisioned in the original
redevelopment plan in which "buildings built flush with the sidewalk, with doors and windows facing
the street, provide for pedestrian-level features of interest, improve safety..." The active edge is
included in the Croman Mill District Standards, and is integrated through the design standards
regarding building orientation.
The street cross section without the on-street parking lanes and with the narrower right-of-way width is
included in the attached ordinance for second reading. Additionally, the on-street parking standard has
been modified to provide flexibility for evaluation of on-street parking at final design of the street.
VIII-A-4 Required On-Street Parkin!!
On-street parallel parking SHall be previaea mav be required along the Central Boulevard and
local streets as indicated on the Reqliirea On-Street Parking map. If on-street parkin!! is
required on streets identified on the On-Street Parkin!! map, A!ngled parking and loading
zones are prohibited on these streets. Options addressin!! the street confi!!uration will be
evaluated with the final desi!!n of the streets identified on the On-Street Parkin!! map.
Related City Policies:
Ashland Comprehensive Plan - Chapter II: Introductions and Definitions, Chapter III: Citizen
Participation, Chapter IV: Environmental Resources, Chapter VII: The Economy, Chapter VIII: Parks,
Page6of8
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CITY OF
ASHLAND
Open Spaces and Aesthetics, Chapter X: Transportation, Chapter XI: Energy, Air and Water
Conservation, Chapter XI!: Urbanization
Chapter 18.108 Procedures
Council Options:
The Council may approve, approve with modifications, or deny the second reading of ordinances
adopting Chapter 18.53 Croman Mill and related ordinance, Ashland Comprehensive Plan, and
Comprehensive Plan and Zoning Map Amendments.
Potential Motions:
1. Move to approve second reading of the following ordinances, and to approve the findings of fact to
accompany the ordinances.
. Ordinance #1: An Ordinance amending the City of Ashland Comprehensive Plan to add a
new Croman Mill District designation to Chapter I! [Introduction and Definitions] to add the.
Croman Mill Plan Designation on the adopted Land Use Map Legend and adopt the Croman
Mill Site Redevelopment Plan and Economic Opportunities Analysis as support documents to
the City of Ashland Comprehensive Plan
Exhibit A: Croman Mill Site Redevelopment Plan (December 2008)
Exhibit B: City of Ashland: Economic Opportunity Analysis
Exhibit C: Comprehensive Plan Map Legend
Exhibit D: Comprehensive Plan Appendix A: Technical Reports & Supporting Documents
. Ordinance #2: An Ordinance amending the Ashland Land Use Ordinance creating a new
Chapter 18.53 Croman Mill
Exhibit A: Chapter I8.53 Croman Mill
. Ordinance #3: An ordinance amending AMC 18. n.080.C Site Design Review Standards to
add new Site Design and Use Standards for the Croman Mill District
Exhibit A: Section VIII Croman Mill District Standards
. Ordinance #4: An ordinance amending AMC 18.08.190, 18.08.341, 18.08.342, 18.08.343,
18.08.845,18.12.020,18.61.042,18.68.020, 18.68.050, 18.72.030, 18.72.110, 18.72.120,
18.72.140,18.72.180,18.84.100,18.88.070, 18.88.080, 18.92.020, 18.96.090, 18.104.020,
18.106.030,18.108.0174 of the Ashland Municipal Code and Land Use Ordinance for
consistency with new Chapter 18.53 Croman Mill
. Ordinance #5: An Ordinance amending the City of Ashland Comprehensive Plan to change
the land use map designation of approximately 99 acres of land within the City of Ashland
Urban Growth Boundary from Industrial, Employment, Single-Family Residential and Rural
Residential (Jackson County) to the newly created Croman Mill Plan Designation; amending
the City of Ashland Zoning and Land Use Control Maps to rezone approximately 78 acres of
land within the City Limits from M-I, E-I, and R-I-5 Districts to the newly created Croman
Mill Zone; and imposing five Croman Mill Overlay Districts on the Croman mill zoned
properties, including Compatible Industrial, CM-CI, Office Employment, CM-OE, Mixed Use,
CM-MU, Open Space, CM-OS, Neighborhood Center, CM-NC
Exhibit A: Proposed Comprehensive Plan Designation
Exhibit B: Proposed Croman Mill District Zone (CM)
Exhibit C: Proposed Zoning Map Changes
. Ordinance #6: An Ordinance amending AMC Chapter 15 to create LEED Certified Building
Priority
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CITY OF
ASHLAND
2. Move to approve second reading with proposed amendments as noted after each ordinance, and to
approve the findings of fact to accompany the ordinances.
(see list of ordinances above)
Attachments:
1. Ordinance #1: An Ordinance amending the City of Ashland Comprehensive Plan to add a new
Croman Mill District designation to Chapter II [Introduction and Definitions] to add the Croman
Mill Plan Designation on the adopted Land Use Map Legend and adopt the Croman Mill Site
Redevelopment Plan and Economic Opportunities Analysis as support documents to the City of
Ashland Comprehensive Plan
Exhibit A: Croman Mill Site Redevelopment Plan (December 2008)
Exhibit B: City of Ashland: Economic Opportunity Analysis
Exhibit C: Comprehensive Plan Map Legend
Exhibit D: Comprehensive Plan Appendix A: Technical Reports and Supporting Documents
2. Ordinance #2: An Ordinance amending the Ashland Land Use Ordinance creating a new Chapter
18.53 Croman Mill
Exhibit A: Chapter 18.53 Croman Mill
3. Ordinance #3: An ordinance amending AMC l8.72.080.C Site Design Review Standards to add
new Site Design and Use Standards for the Croman Mill District
Exhibit A: Section VIII Croman Mill District Standards
4. Ordinance #4: An ordinance amending AMC 18.08.190, 18.08.341, 18.08.342, 18.08.343,
18.08.845,18.12.020,18.61.042,18.68.020, 18.68.050, 18.72.030, 18.72.110, 18.72.120,
18.72.140,18.72.180,18.84.100,18.88.070, 18.88.080, 18.92.020, 18.96.090, 18.104.020,
18.106.030, 18.108.0174 of the Ashland Municipal Code and Land Use Ordinance for consistency
with new Chapter 18.53 Croman Mill
5. Ordinance #5: An Ordinance amending the City of Ashland Comprehensive Plan to change the
land use map designation of approximately 99 acres of land within the City of Ashland Urban
Growth Boundary from Industrial, Employment, Single-Family Residential and Rural Residential
(Jackson County) to the newly created Croman Mill Plan Designation; amending the City of
Ashland Zoning and Land Use Control Maps to rezone approximately 78 acres of land within the
City Limits from M-l, E-l, and R-I-5 Districts to the newly created Croman Mill Zone; and
imposing five Croman Mill Overlay Districts on the Croman mill zoned properties, including
Compatible Industrial, CM-CI, Office Employment, CM-OE, Mixed Use, CM-MU, Open Space,
CM-OS, Neighborhood Center, CM-NC
Exhibit A: Proposed Comprehensive Plan Designation
Exhibit B: Proposed Croman Mill District Zone (CM)
Exhibit C: Proposed Zoning Map Changes
6. Ordinance #6: An Ordinance amending AMC Chapter 15 to create LEED Certified Building
Priority
7. Findings of Fact and Conclusions of Law for Amendments to the City of Ashland Comprehensive
Plan, Zoning Map and Land Use Regulations Concerning the Addition of Chapter 18.53 Croman
Mill.
PageSofS
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._11
ORDINANCE NO.
AN ORDINANCE AMENDING THE CITY OF ASHLAND
COMPREHENSIVE PLAN TO ADD A NEW CROMAN MILL DISTRICT
DESIGNATION TO CHAPTER II [INTRODUCTION AND DEFINITIONS),
TO ADD THE CROMAN MILL PLAN DESIGNATION ON THE
ADOPTED LAND USE MAP LEGEND AND ADOPT THE CROMAN
MILL SITE REDEVELOPMENT PLAN AND ECONOMIC
OPPORTUNITIES ANALYSIS AS SUPPORT DOCUMENTS TO THE
CITY OF ASHLAND COMPREHENSIVE PLAN
Annotated to show deletions and additions to the code sections being modified. Deletions are
bold lined through and additions are in bold underline.
WHEREAS, Article 2. Section I of the Ashland City Charter provides:
Powers of the Citv The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession.
WHEREAS, the. above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. City of
Beaverton Y. International Ass'n of Firefighters. Local 1660, Beaverton Shop 20 Or. App. 293;
531 P 2d 730,734 (1975); and
WHEREAS, the. City of Ashland Planning Commission considered the above-referenced
recommended amendments to the Ashland Comprehensive Plan at a duly advertised public
hearing on January 12,2010 and subsequent public hearing continuance dates, and on February
23,2010, following deliberations, recommended approval of the amendments by a vote of6-2;
and
WHEREAS, the City Council of the City of Ashland conducted a duly advertised public hearing
on the above-referenced amendments on April 6, 20 I 0 and on subsequent public hearing
continuance dates; and
WHEREAS, the City Council of the City of Ashland, following the close of the public hearing
and record, deliberated and conducted first and second readings approving adoption of the
Ordinance in accordance with Article 10 of the Ashland City Charter; and
Page 10f3
WHEREAS, the City Council of the City of Ashland has determined that in order to protect and
benefit the health, safety and welfare of existing and future residents of the City, it is necessary
to amend the Ashland Comprehensive Plan in manner proposed, that an adequate factual base
exists for the amendments, the amendments are consistent with the comprehensive plan and that
such amendments are fully supported by the record of this proceeding.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The above recitations are true and correct and are incorporated herein by this
reference.
SECTION 2. The City of Ashland Comprehensive Plan, Chapter II, [INTRODUCTION AND
DEFINITIONS] is hereby amended to add the following new Section [CROMAN MILL
2.04.16] and to adopt the Croman Mill Site Redevelopment Plan, as amended, as a supporting
document to the City's Comprehensive Plan; former Section 2.04.16 is renumbered [PLAN
. REVIEW 2.04.17], to read as follows:
,
PLAN REVIEW (2.IH.16)
CROMAN MILL PLAN (2.04.16)
The desi!!nation is for an employment area that promotes familv wal!e-iobs and
includes industrial and office uses that are compatible and complimentary. The
area also includes neil!hborhood-oriented businesses, mixed-uses, a variety of
transportation options and open spaces to encoural!e services and leisure activities
within walkin!! distance of the employment center, as well as to encoura!!e multi-
modal trips within and to and from the area. While the area is primarily dedicated
to iob creation and economic development purposes, areas on the perimeter of the
plan area allow residential units in mixed-use buildinl!s at densities ran!!inl! from IS
to 60 dwellinl! units per acre. This area implements the Cmman Mill Site
Redevelopment Plan (2008), as amended. The zonin!! desi!!nation that was in place
prior to the adoption of the Croman Mill Plan is retained on seyerallots in the plan
area, and the expectation is that any future rezoninl! of these properties will be
limited to the Croman Mill desi!!nation.
PLAN REVIEW (2.04.17)
SECTION 3. The City of Ashland Comprehensive Plan is hereby amended to add an Appendix
entitled "Technical Reports and Supporting Documents". Previously added support documents
are acknowledged on this Appendix. The Appendix is attached hereto and made a part hereof as
Exhibit D.
SECTION 4. The document entitled "The City of Ashland Croman Mill Site Redevelopment
Plan, (2008), as amended," attached hereto as Exhibit A, and made a part hereof by this
reference is hereby added to the above-referenced Appendix to support Chapter II,
[INTRODUCTION AND DEFINITIONS] the Comprehensive Plan.
Page 2 of3
SECTION S. The document entitled "The Cij:y of Ashland ,Economic Opportunities Analysis
(April 2007)", attached hereto as Exhibit B, and made a part hereof by this reference is hereby
added to the above-referenced Appendix to support Chapter VII [ECONOMY] the
Comprehensive Plan.
SECTION 6. The officially adopted City of Ashland Comprehensive Plan Map, referenced in
Ashland Comprehensive Plan Chapter II [PLAN MAP 2.03.04] is hereby amended to add a new
Plan Designation [Croman Mill Plan] to the Comprehensive Plan Map Legend, attached hereto
as Exhibit C, and made a part hereof by this reference.
SECTION 7~ Severability. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 8. Codification. Provisions of this Ordinance shall be incorporated in the City
Comprehensive Plan and the word "ordinance" may be changed to "code", "article", "section",
or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided
however that any Whereas clauses and boilerplate provisions (i.e. Sections I, 3-6 need not be
codified and the City Recorder is authorized to correct any cross-references and any
typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the _ day of ,2010,
and duly PASSED and ADOPTED this _ day of ,2010.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2010.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Page 3 of3
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Appendix A: Technical Reports and Supporting Documents
City of Ashland, Oregon Comprehensive Plan
Periodically, the City may choose to conduct studies and prepare technical reports to adopt by
reference within the Comprehensive Plan to make available for review by the general public.
These studies and reports shall not serve the purpose of creating new city policy, but rather the
information, data and findings contained within the documents may constitute part of the basis on
which new policies may be formulated or existing policy amended. In addition, adopted studies
and reports provide a source of information that may be used to assist the community in the
evaluation of local land use decisions. .
Chapter II, Introduction and Definitions
The following reports are adopted by reference as a supporting document to the Ashland
Comprehensive Plan, Chapter II, Introduction and Definitions.
1. Croman Mill Site Redevelopment Plan (2008) by Ordinance _ on
Chapter IV, Environmental Resources
The following reports are adopted by reference as a support document to the Ashland
Comprehensive Plan, Chapter IV, Environmental Resources.
1. City of Ashland Local Weiland Inventory and Assessment and Riparian Corridor Inventory
(200512007) by Ordinance 2999 on December 15, 2009.
Chapter VII, Economy
The following reports are adopted by reference as a support document to the Ashland
Comprehensive Plan, Chapter VII, The Economy.
1. City of Ashland: Economic Opportunities Analysis (April 2007) by Ordinance _ on
ORDINANCE NO.
AN ORDINANCE AMENDING THE ASHLAND LAND USE ORDINANCE
CREATING A NEW CHAPTER 18.53 CROMAN MILL
WHEREAS, Article 2. Sectian I afthe Ashland City Charter pravides:
Pawers af the City The City shall have all pawers which the canstitutians; statutes, and
camman law af the United States and af this State expressly or impliedly grant ar allaw
municipalities, as fully as thaugh this Charter specifically enumerated each af thase
pawers, as well as all pawers nat incansistent with the faregaing; and, in additian thereto.,
shall passess all pawers hereinafter specifically granted. All the autharity thereaf shall
have perpetual succ<;ssian.
WHEREAS, the abave referenced grant afpawer has been interpreted as affarding all
legislative pawers hame rule canstitutianal provisians reserved to. Oregan Cities. City af
Beavertan v. Internatianal Ass'n afFirefighters. Laca11660. Beavertan Shap 20 Or. App. 293;
531 P 2d 730, 734 (1975); and .
WHEREAS, the City af Ashland Planning Cammissian cansidered the abave-referenced
recammended amendments to. the Ashland Municipal Cade and Land Use Ordinances at a duly
advertised public hearing an January 12, 2010 and subsequent public hearing cantinuance dates,
and an February 23,2010, fallawing deliberatians, recammended approval afthe amendments
by a vate af 6-2; and
WHEREAS, the City Cauncil afthe City af Ashland canducted a duly advertised public hearing
an the abave-referenced amendments an April 6, 2010 and an subsequent public hearing
cantinuance dates; and .
WHEREAS, the City Cauncil afthe City af Ashland, fallawing the clase afthe public hearing
and recard, deliberated and canducted first and secand readings approving adaptian afthe
Ordinance in accardance with Article 10 afthe Ashland City Charter; and
WHEREAS, the City Cauncil afthe City af Ashland has determined that in arder to. pratect and
benefit the health, safety and welfare af existing and future residents afthe City, it is necessary
to. amend the Ashland Municipal Cade and Land Use Ordinance in manner proposed, that an
adequate factual base exists far the amendments, the amendments are cansistent with the
camprehensive plan and that such amendments are fully supparted by the recard af this
proceeding.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The abave recitatians are true and carrect and are incarparated herein by this
reference.
Page 1 of2
SECTION 2. A new Chapter 18.53 afthe Ashland Municipal Cade creating a new zaning
district [CROMAN MILL] set farth in full cadified farm an the attached Exhibit A and made a
part hereafby this reference, is hereby added to. the Ashland Municipal Cade.
SECTION 3. Severability. The sectians, subsectians, paragraphs and clauses afthis ardinance
are severable. The invalidity af ane sectian, subsectian, paragraph, ar clause shall nat affect the
validity af the remaining sectians, subsectians, paragraphs and clauses.
SECTION 4. Codification. Provisians afthis Ordinance shall be incarparated in the City Cade
and the ward "ardinance" may be changed to. "cade", "article", "sectian", ar anather ward, and
the sectians af this Ordinance may be renumbered, ar re-lettered, pravided hawever that any
Whereas clauses and bailerplate provisians, and text descriptians af amendments (i.e. Sectians 1-
4) need nat be cadified and the City Recarder is autharized to. carrect any crass-references and
any typagraphical errars.
The faregaing ardinance was first read by title anly in accardance with Article X,
Sectian 2(C) afthe City Charter an the _ day af ,2010,
and duly PASSED and ADOPTED this _ day af ,2010.
Barbara M. Christensen, City Recarder
SIGNED and APPROVED this _ day af
,2010.
Jahn Stramberg, Mayar
Reviewed as to. form:
Richard Appicella, City Attarney
Page 2 of2
CHAPTER 18.53
CM CROMAN MILL
SECTIONS:
18.53.010
18.53.020
18.53.030
18.53.040
18.53.050
18.53.060
18.53.070
Purpase
General Requirements
Craman Mill District Plan Develapment Standards
Use Regulatians
Dimensianal Regulatians
Craman Mill District Open Space Overlay
Applicability af Other Sectians af the land Use Ordinance
SECTION 18.53.010 Purpase
The purpose af this sectian is to implement the Croman Mill Site Redevelapment Plan.
The district is designed to. pravide an enviranment suitable far emplayment, recreatian
and living. The CM zaning district is a blueprint far promating family-wage jabs,
professianal office and manufacturing commerce, neighborhood-oriented businesses,
mixed-use projects and community services in a manner that enhances praperty values
by providing transportatian aptians and preserving significant apen spaces while
minimizing the impact an natural resaurces through site and building design.
SECTION 18.53.020 General Requirements
A. Canfarmance with the Craman Mill District Plan
Land uses and development, including buildings, parking areas, streets, bicycle and
pedestrian access ways, multi-use paths and apen spaces shall be lacated in
accordance with thase shawn an the Croman Mill District Plan maps adapted by
ardinance number (Manth Year).
B. Majar and minar amendments to. the Craman Mill District Plan shall camply
with the fallawing procedures:
1. Majar and Minar Amendments.
a. Majar amendments are those which result in any af the fallowing:
(1) A change in the land use averlay to. CI Campatible Industrial ar OE Office
Emplayment.
(2) A madificatian to. the street layaut plan that necessitates a street ar ather
transpartatian facility to. be eliminated.
(3) A change nat specifically listed under the majar and minar amendment
definitians.
b. Minar amendments are thase which result in any af the following:
(1) A change in the Plan layaut that requires a street, access way, multi-use
path ar ather transpartatian facility to. be shifted mare than 25 feet in any
directian, as lang as the change maintains the connectivity established by
the Croman Mill District Plan.
(2) Changes related to. street trees, street furniture, fencing ar signage.
Ch.1B.53
2'" Reading 8.1710
Pagel
(3) A change in the design af a street in a manner inconsistent vvith the
Craman Mill District Standards.
(4) A modificatian af a driveway access lacatian in a manner inconsistent with
the Croman Mill District Standards.
(5) A site layaut, landscaping ar building design which is inconsistent with the
Croman Mill District Standards.
(6) A change to. an area allocatian far special permitted uses in sectian
18.53.040.B.
(7) A change in a dimensianal standard requirement in sectian 18.53.050, but
nat including height and residential density.
2. Majar Amendment Type II - Appraval Pracedure
A majar amendment to. the Craman Mill District Plan is subject to a public hearing
and decisian under a Type II Procedure. A majar amendment may be appraved
upan the hearing autharity finding that:
a. The proposed modificatian maintains the connectivity established by the
district plan, ar the proposed modificatian is necessary to. adjust to. physical
canstraints evident an the property, ar to. pratect significant natural
features such as trees, rock autcrappings, wetlands, ar similar natural
features, or to adjust to. existing praperty lines between praject baundaries;
b. The proposed madificatian furthers the design, circulatian and access
concepts advocated by the district plan; and
c. The prapased modification vvill nat adversely affect the purpose and
abjectives af the district plan.
3. Minar Amendment Type I Pracedure
A minar amendment to. the Croman Mill District Plan is subject to. an
administrative decisian under the Type I Procedure. Minar amendments shall nat
be subject to. the Administrative Variance from Site Design and Use Standards af
Chapter 18.72. A minar amendment may be appraved upon finding that granting
the approval will result in a development design that equally ar better achieves
the stated purpose af this chapter, abjectives af specific Craman Mill District
Standards,. and guiding principles af the Croman Mill Site Redevelapment Plan.
SECTION 18.53.030 Craman Mill District Plan Develapment Standards
A. Ashland Local Street Standards
The design and constructian af streets and public impravements shall be in
accordance with Ashland's Lacal Street Standards, except as atherwise permitted far
the follawing facilities within the Craman Mill District:
a. Central Baulevard
b. Talman Creek Raad Realignment
c. Lacal Streets
d. Protected Bikeway and Pedestrian Path
e. Central Bike Path
f. Multi-use Path
g. Accessways
Ch. 18.53
2-'Reading8.1710
Page 2
B. Site Design and Use Standards - Craman Mill District
New develapment shall be designed and constructed consistent with Chapter 18.72
Site Design Review, and Sectian VIII - Craman Mill District Standards af the Site
Design and Use Standards.
SECTION 18.53.040 Use Regulatians
A. Generally
Uses and their accessory uses are permitted, special permitted ar conditional uses in
the Croman Mill District as listed in the Land Use Table.
-
residential uses [] []
temporary employee housing
I COl1lmercial
,
stores, restaurants, and shops less than 3,000 sq.ft., excluding
fuel sales, automobile sales and repair
limited stores, restaurants and shops, excluding fuel sales,
autamobile sales and re~air
professional, financial, business and medical offices
administrative or research and development establishments
child ar day care centers
fitness, recreational sports, gym or athletic club
ancillary employee services (e.g. cafeteria, fitness area)
kennels (indoor) and veterinary clinics
matian picture, televisian or radio. broadcasting studios
temporary uses
IlnilUstrial< "
manufacturing, assembly, fabrication or packaging including
manufacturing of food I'roducts
limited manufacturing affiliated with a retail use
rail freight loading dock facilities
rail or rapid transit passenger facilities
warehause and similar starage facilities
limited outdoor storage
wireless communication facilities attached to an existing
structure pursuant to. 18.72.180
freestanding wireless communication support structures
pursuant to 18.72.180
.
[]
.
.
. []
.
[]
.
0 0
"
.
[]
.
o
o
[] []
[] []
. []
. .
[] []
[] []
[] []
. .
o 0 0
"'.C!T';';~~1.':I>'1
[] .
.
. . .
[] [] []
[] [] []
0 . .
0 0 0
Ch. 18.53
2-'Reading8.1710
Page 3
-
~. A . .
Public & Institutional '. . . .. .... ---.' ..
public service or community buildings with office ar space used
directly by public
.
o
o
o
.
public service or community buildings without office or space
used directly by public
o
o
o
o
o
public and quasi-public utility facilities enclosed in a building
Oregon Department of Transportation (ODOT) maintenance .
facility and yard
private schoal, college, trade school, technical school ar similar
school
electrical substations
[I
[I
o
o
o
o
o
o
[I
[I
[I
[I
. Permitted Use
. NC = Neighborhood Center
MU = Mixed Use
OE = Office/Employment
[I Special Permitted Use
o Canditianal Use
CI = Compatible Industrial
OS = Open space
B. Special Permitted Uses
The following uses and their accessary uses are special permitted uses as listed in
the Land Use Table and are subject to the requirements af this sectian and the
requirements af Chapter 18.72, Site Design and Use Standards.
1. Residential Uses.
a. The ground f1aar area shall be designated far permitted ar special
permitted uses, excluding residential.
b. Residential densities shall nat exceed the densities in sectian 18.53.050.
Far the purpases af density calculatians, units af less than 500 square
feet af gross habitable f1aar area shall eount as 0.75 af a unit.
c. Residential uses shall execute a hald harmless covenant and agreement
stating they shall nat pratest impacts tram commercial and industrial uses
within the district.
2. Temparary Emplayee Hausing.
Residential units for use by persans emplayed within the facility and their families
when the fallowing standards are met.
a. Emplayee Hausing densities shall nat exceed two units per acre. Far the
purpases af density calculatians, units af less than 500 square feet af
grass habitable flaar area shall caunt as 0.75 af a unit.
b. The emplayee hausing shall be in conjunctian with a permitted ar special
permitted use an the property.
c. Units shall be restricted by covenant to. be accupied by persans emplayed
by a business aperating on the praperty.
Ch. 18.53
2" Reading 8.17-10
Page 4
3. Limited Stares, Restaurants and Shaps; Child ar Day Care Facilities; and
Ancillary Emplayee Services.
a. In the CI Campatible Industrial, MU Mixed Use and OE Office
Emplayment averlays, a maximum of 15 percent af the gross flaar area in
a building may be used far any ar a combinatian af the follawing special
permitted uses when the standards in this sectian are met: limited stares,
restaurants and shaps; child ar day care facilities; and ancillary emplayee
services.
b. Limited Stares, Restaurants and Shaps: In the MU Mixed Use averlay,
the flaar area shall be limited to. retail uses in conjunctian with a permitted
use.
c. Child or Day Care Facilities: Primary program activities are integrated
into. the interiar af the building.
d. Ancillary Emplayee Services: Develapments may include ancillary
emplayee services such as cafeterias, fitness areas, ar ather suppartive
services generally intended to. suppart the needs af emplayees when the
fallowing standards are met.
i. The use is integrated into. the interiar af the building.
ii. The ancillary emplayee services shall be in conjunctian with a
permitted ar special permitted use on the property.
4. Prafessianal, Financial, Business and Medical Offices in CI Overlay.
Develapments in the CI Campatible Industrial averlay may include ancillary affice
uses to. suppart the aperatians af a permitted use an-site pravided the maximum
flaor area dedicated far aflice uses shall nat exceed 50 percent of the ground
flaor area.
5. Kennels.
a. Kennels shall be located at least 200 feet from the nearest residential
dwelling.
b All animals shall be boarded within a building at all times.
c. No. naise ar adar shall emanate outside the walls af the building used as a
kennel.
d. A disposal management plan shall be provided demanstrating all animal
waste will be disposed af in a sanitary manner.
6. Manufacture, Assembly, Fabricatian and Packaging in OE Overlay.
Develapments in the OE Office Emplayment averlay may include ancillary
manufacturing, assembly, fabricatian and packaging uses to. suppart the
aperatians af a permitted or special permitted use an-site when the fallawing
standards are met.
a. The maximum floor area dedicated to. manufacturing, assembly,
fabricatian and packaging shall be 50 percent af the graund flaar area.
b. No. autside space shall be used far the manufacturing, assembly,
fabricatian and packaging pracesses.
7. Limited Manufacturing Affiliated with a Retail Use.
Manufacturing, assembly, fabricatian ar packaging contiguaus to. and assaciated
with a retail space, pravided the maximum flaar area dedicated to. manufacturing
occupies 1,000 sq.ft., ar ten percent (10%) af graund floor area, whichever is
less.
Ch. 18.53
~ Reading 8.17.10
Page S
8. Warehause and Similar Starage Facilities.
a. The maximum f1aar area dedicated far use as warehause ar similar
starage uses in the OE and MU averlays shall be 50 percent af the
graund f1aar area.
b. Warehause and starage facilities shall be pravided anly in conjunctian
with, and for the exclusive use by, a pennitted ar special pennitted use an
the praperty.
c. Self-service mini-warehauses are prohibited.
d. No autside space shall be used for starage, unless appraved as a limited
autdaar starage area.
9. Limited Outdoar Starage.
Limited autdaar storage associated with a pennitted ar special permitted use
when the fallawing standards are met.
a. The maximum area dedicated to. autdaar starage shall be 1,000 sq. ft. in
the OE and MU averlay; and 2,500 sq. ft. in the CI averlay, ar 50 percent
af the graund floor area af the building hausing the assaciated pennitted
ar special pennitted use, whichever is greater. .
b. The autdaar storage shall be lacated behind ar an the side af buildings,
and shall be lacated sa the autdoor starage is the least visible tram the
street that is reasanable given the layaut af the site.
c. The autdaar starage shall be screened from view by placement 'af a salid
woad ar metal fence, or a masanry wall tram five to. eight feet in height.
d. The assaciated pennitted use shall abtain a minimum af 50% af the
emplayment density targets far the Craman Mill District.
10. Public and Quasi-Public Utility Service Buildings.
a. Facilities and structures that are accessary to. a public pink in the OS
averlay, including but nat limited to. maintenance equipment starage,
enclased picnic facilities, and restrooms.
b. Public and Quasi-Public utility service building relating to receiving and
transmitting antennas and communicatian towers are subject to. the
applicable pravisians af 18.72.180.
c. Public and Quasi-Public utility service building shall demanstrate:
i. The need for the facility, present ar future; and haw the facility fits into.
the utility's Master Plan.
ii. The facility utilizes the minimum area required for the present and
anticipated expansian.
iii. Campatibility af the facility with existing surraunding uses and uses
allawed by the plan designatian.
11. Oregan Department af Transpartatian Maintenance Facility and Starage
Yard
Far the Oregan Department af Transpartatian Ashland maintenance facility and
starage yard lacated an praperty within the NC averlay the fallawing shall apply.
a. Buildings may be enlarged ar replaced subject to. Basic Site Review
Standards.
b. Are exempt tram the Dimensianal Regulatians per 18.53.050 with the
exceptian af minimum side and rear yard setbacks abutting a residential
district and maximum height.
c. Are exempt tram the requirements af Sectian VIII Croman Mill District
Ch. 18.53
2" Reading 8.17.10
Page 6
Standards af the Ashland Site Design and Use Standards.
SECTION 18.53.050 Dimensianal Regulatians
The lat and building design requirements are established in each zaning district
regulatian in the Dimensianal Standards Table.
Croman Mill District
Dimensional Standards NC MU OE CI OS
Lot Size
minimum, s uare feet
Franta e
minimum feet
Lot Width
minimum, feet
Yard Abuttin a Street
minimum ard, feet
maximum yard abutting a street, fee
Side Yard Abuttin a Residential District
minimum, feet
Read Yard Abuttin a Residential District
minimum er sto ,feet
Landsca in Covern e
minimum ercenta e covera e
Hei ht
minimum number af stories
maximum hei ht without bonus, stories/feet
maximum hei ht WITh bonus, stories/feet
Solar Access
10
10
10
10
15
15
15
10
2
2.5/35
4/50
2
3/40
4/50
2
3/40
5f75
2
3/40
5f75
1/20
The solar access setback in Chapter 18.70 Solar
Access does not a I in the Craman Mill District.
Fronta e Build Out on Active Ed e Street
minimum, ercent 65 65 65 65
Floor Area Ratio FAR
minimum 0.60 0.60 0.60 0.50
Residential Dens'
maximum units er acre without bonus 30 15
maximum units er acre with bonus 60 30
1 Minimum yard in CI Overlay abutting an Active Edge Street is two feet, minimum yard in CI OVerlay not
abutting an Active Edge Street is ten feet
2 Maximum yard requirements shall not apply to entry features such as alcoves, and to hardscape areas for
~edestrian activities such as plazas or outside eating areas.
Second story shall be a minimum of 20% of the gross floor area.
4 Solar energy systems and parapets may be erected up to five feet above the calculated building height,
and no greater than five feet above the height limited specified by the district.
5 In the Residential Buffer Zone, the maximum height with a bonus is 40 feet.
· Plazas and pedestrian areas shall count as floor area for the purposes of meeting the minimum Floor Area
Ration (FAR).
7 Density of the development shall not exceed the density established by this standard. Density shall be
computed by dividing the total number of dwelling units by the acreage of the project, including land
dedicated to the public. Fractional portions shall not apply toward the total density.
CIi. 1853
2'" Reading 8.17.10
Pa;e 7
SECTION 18.53.060 Craman Mill District Open Space Overlay
All prajects containing land identified an the Craman Mill District Land Use Overlays Map
as apen space shall dedicate thase areas as commanly-owned ar public apen space. It
is recognized that the master planning af the properties as part af the Craman Mill Site
Redevelapment Plan imparted significant value to. the land, 'and the required dedication
af thase lands within the Craman Mill district far apen space and conservatian purpases
is prapartianal to. the value bestawed upan the praperty through the change in zaning
designatian.
SECTION 18.53.070 Applicability af Other Sectians af the land Use Ordinance
Develapment lacated within the Craman Mill (CM) zaning district shall be required to.
meet all ather applicable sectians af the Land Use Ordinance, except as atherwise
provided in this Chapter.
r
ell 18.53
2"' Reading 8.17.10
Pogo 8
ORDINANCE NO.
AN ORDINANCE AMENDING AMC 18.72.080.C SITE DESIGN REVIEW
STANDARDS TO ADD NEW SITE DESIGN AND USE STANDARDS FOR
THE CROMAN MILL DISTRICT
WHEREAS, Article 2. Sectian 1 afthe Ashland City Charter provides:
Pawers af the City The City shall have all pawers which the canstitutians, statutes, and
camman law af the United States and af this State expressly or impliedly grant ar allow
municipalities, as fully as though this Charter specifically enumerated each af thase
pawers, as well as all pawers nat incansistent with the faregaing; and, in additian thereto.,
shall passess all pawers hereinafter specifically granted. All the autharity thereaf shall
have perpetual successian.
WHEREAS, the abave referenced grant afpawer has been interpreted as affording all
legislative pawers hame rule constitutianal provisions reserved to Oregan Cities. City af
Beavertan v. Internatianal Ass'n afFirefighters. Laca11660. Beavertan Shap 20 Or. App. 293;
531 P 2d 730, 734 (1975); and
WHEREAS, the City af Ashland Planning Cammissian cansidered the abave-referenced
recammended amendments to. the Ashland Municipal Cade and Land Use Ordinances at a duly
advertised public hearing an January 12,2010 and subsequent public hearing cantinuance dates,
and on February 23,2010, fallawing deliberatians, recammended appraval afthe amendments
by a vate af 6-2; and
WHEREAS, the City Cauncil afthe City af Ashland canducted a duly advertised public hearing
an the abave-referenced amendments an April 6, 2010 and an subsequent public hearing
cantinuance dates; and
WHEREAS, the City Council afthe City af Ashland, fallawing the close of the public hearing
and recard, deliberated and canducted first and secand readings appraving adaptian af the
Ordinance in accardance with Article lOaf the Ashland City Charter; and
WHEREAS, the City Cauncil afthe City af Ashland has determined that in arder to. pratect and
benefit the health, safety and welfare af existing and future residents of the City, it is necessary
to. amend the Ashland Municipal Cade and Land Use Ordinance in manner propased, that an
adequate factual base exists far the amendments, the amendments are cansistent with the
camprehensive plan and that such amendments are fully supparted by the recard afthis
proceeding.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The abave recitatians are true and carrect and are incarparated herein by this
reference.
Page 1 of2
SECTION 2. The Ashland Site Design and Use Standards autharized in Sectian l8.72.080.C,
are hereby amended to. add a new Subsectian VIII [CROMAN MILL DISTRICT STANDARDS]
and is set farth in full cadified farm an the attached Exhibit A and made a part hereafby this
reference, and said sectian is hereby added to. the Ashland Municipal Cade.
SECTION 3. Severability. The sectians, subsectians, paragraphs and clauses afthis ardinance
are severable. The invalidity af ane sectian, subsectian, paragraph, ar clause shall nat affect the
validity afthe remaining sectians, subsections, paragraphs and clauses.
SECTION 4. Codification. Pravisions of this Ordinance shall be incarparated in the City Cade
and the ward "ardinance" may be changed to. "cade", "article", "sectian", ar anather word, and
the sectians af this Ordinance may be renumbered, ar re-Iettered, pravided hawever that any
Whereas clauses and bailerplate pravisions, and text descriptians af amendments (i.e. Sectians 1-
4) need nat be cadified and the City Recarder is autharized to correct any crass-references and
any typagraphical errors.
The faregaing ardinance was first read by title anly in accardance with Article X,
Sectian 2(C) afthe City Charter an the _ day af ,2010,
and duly PASSED and ADOPTED this _ day af ,2010.
Barbara M. Christensen, City Recarder
SIGNED and APPROVED this _ day of
,2010.
Jahn Stromberg, Mayar
Reviewed as to farm:
Richard Appicella, City Attarney
Page 2 of2
SECTION VIII
Croman Mill District Standards
Adopted by the Ashland City Councilllate
Ordinance /!!!!!,
A. Street Standards
VIII-A-1 Street Desian
The design and construction af streets and public improvements shall be in accordance with
the Ashland Street Standards, except as otherwise required far the follawing facilities within
the Croman Mill District. A change in the design af a street in a manner inconsistent with the
Croman Mill District Street Design Standards requires a minor amendment in accordance
with Sectian 18.53.020.8.
1. Central Baulevard
The tree-lined boulevards along Siskiyau Boulevard and Ashland Street are an easily
identifiable feature of Ashland's boulevard netwark. Applicatian af this 'street design to.
the Central Baulevard will create a seamless boulevard laap, linking the Croman Mill
district with dawntown Ashland. The Central Baulevard also. serves as the front daar to.
the Craman Mill district, creating a positive first impressian when entering the district.
Optians addressing the street configuratian and intersectian geametry will be evaluated
with the final design of the Central Bouleyard.
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2. Phased Street Plan
Build-out af the Central Baulevard can be accammadated through a phased
develapment plan.
r.l'
Ashland Site Design and Use Standards
2'" Reading 8.17.10
1
a. Phase I implementatian will require:
i. Maintain the existing Mistletoe Road alignment tram Talman Creek Raad to the
narthwest comer af the Craman Mill site.
ii. Include develaper-constructed minar improvements to. the existing partian af
Mistletae Raad such as a minimum six-foat wide sidewalk an the narth side af
the street, two 11-faat travel lanes and the additian af a left-turn packet at the
intersectian with Talman Creek Road.
iii. A develaper-constructed three-lane Central Baulevard tram the narthwest comer
af the district to Siskiyau Baulevard.
b. Phase II implementatian will require:
i. Optians addressing the street configuratian and intersectian geametry will be
evaluated with the final design af the Central Baulevard. Final street
configuratian may invalve a madificatian in the Central Baulevard cross section
(e.g. delete an-street parking lanes) to. address limitatians to right-<>f-way width
(e.g. existing buildings).
ii. The altem'!ltive Central Baulevard locatian and realignment af Talman Creek
Raad is contingent upan property awners consent, and future sale and relacatian
af the existing ODOT maintenance yard.",""
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Ashland Site Design and Use Standards
2nd Reading 8.17.10
2
3. Talman Creek Raad Realignment
Additianal traffic will be generated by the
redevelapment af the Craman Mill district. The
alternative Central Baulevard locatian includes
theJealignment af Tolman Creek Raad with the
Central Baulevard to. discourage nan-Iacal
thraugh traffic in the Talman Creek neighborhood
and in the Bellview Schaal area. The
madifications to the street netwark will preserve
neighbarhaod character and address impacts to.
the neighbarhaod by directing traffic away tram
the neighborhood and Bellview Schaal, and
toward the Craman Mill district while maintaining
access to Talman Creek Raad far neighbarhaod-
generated trips.
Key elements af the realigned Talman Creek
Raad include:
a. Two. through traffic lanes and a narthbound turn
lane.
b. New traffic signal.
c. Bike lanes.
d. Sidewalks separated tram auto traffic by
landscaping and canapy trees.
e. Landscaped neighbarhaad gateway.
f. Evaluatian af the intersectian alignment af lacal
streets with Talman Creek Raad including
Takelma Way, Grizzly Drive and Nava Drive.
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Ashland Site Design and Use Standards
2nd Reading 8.17.10
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4. Local Cammercial Streets
Local Cammercial Streets provide district circulatian to and firorn emplayment uses, the
Central Park and the neighbarhaad center.
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5. Pratected Bike lane
The pratected bike lane runs parallel to. the Central Baulevard and connects with the
City's existing Central Bike Path in two. lacatians - adjacent to the Central Park and at
the neighborhood center.
The design af the protected bike lane shauld include
the follawing elements:
a. A grade-separated two-way colared bicycle lane
buffered from an-street parking by landscaping.
b. A sidewalk separated tram the bicycle lane by
striping, bollard, grade separatian ar ather
treatments.
c. Tabled intersectians.
d. Eliminatian af auto. right turns an red at
intersectians.
e. Incorparate rumble strips alang the bike lane at
the appraaches to. all intersectians.
f. Sign age, lighting ar ather treatments to. alert
drivers, pedestrians and riders appraaching
intersectians.
g. Cansideratian af a bikes-only signal phase at
signalized intersectians.
~&,
Ashland Site Design and Use Standards
2nd Reading 8.17.10
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6. Multi-use Paths
The multi-use paths pravide pedestrian and bicycle connectians between the district and
adjacent neighborhaod, emplayment and cammercial areas. The plan includes the
extensian af the Central Bike Path and the establishment af the Hamiltan Creek
Greenway trail. The Central Bike Path extends the existing multi-use path alang the
sauthem edge af the CORP rail line within a 20-faat. wide dedicated easement, and
. serves as a viable commuter route and link to. the downtown. The Hamiltan Creek
Greenway trail provides access to the neighbarhaod center and an eastlwest connectian
across the creek.
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Ashland Site Design and Use Standards
2"" Reading 8.17.10
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Ashland Site Design and Use Standards
2nd Reading 8.17.10
6
7. Accessways
The accessways are intended to. balance circulatian needs af pedestrians, bicycles and
vehicular access, and to. preserve the grid that encourages develapment af a tonn that is
af human scale and prapartian. The accessways wauld connect the Central Baulevard to.
the Central Bike Path and allaw tor shared bicycle, travel lanes, aptianal an-street
parking, and temparary loading zanes as necessary to. serve develapment sites.
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Ashland Site Design and Use Standards
2nd Reading 8.17.10
7
VIII-A-3 Access
1. Street and driveway access paints in the Craman
overlay zanes shall be limited to. the follawing.
a. Distance Between Driveways.
On Callectar Streets - 75 feet
On Local Streets and A~sways - 50 feet
b. Distance tram Intersectians
On Callectar Streets - 50 feet
On Lacal Streets and Accessways - 35 feet
2. Shared Access. All lots shall pravide a shared driveway aisle to. abutting parking areas that
is at least 20 feet in width. The applicant shall grant a com man access easement across the
lat. If the site is served by a shared access ar alley, access for matar vehicles must be tram
the shared access ar alley and nat tram the street trantage.
VIII-A-2 Limited Auto. Access Streets
Develapments abutting the Central Baulevard and the
Central Park shall not have curb cuts thraugh the
sidewalk and the pratected bike lane an the Limited Auto.
Access Streets as indicated an the Limited Access
Streets map. A modificatian af a driveway access
lacatian in a manner inconsistent with the Croman Mill
District Standards requires a minar amendment in
accordance with Sectian 18.53.020.8.
VIII-A-4 On-Street Parkina
On-street parallel parking may be required alang the
Central Baulevard and lacal streets as indicated an the
On-Street Parking map. If an-street parking is required
an streets identified an the On-Street Parking map,
angled parking and loading zanes are prohibited on
these streets. Optians addressing the street configuratian
will be evaluated with the final design af the streets
identified an the On:Street Parking map.
~~,
Ashland Site Design and Use Standards
2nd Reading 8.17.10
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B. Design Standards
The Croman Mill District Design Standards provide specific requirements for the physical
arientatian, uses and arrangement af buildings; the management af parking; and access to.
development parcels. Develapment lacated in the Croman Mill District shall be designed and
constructed cansistent with the follawing Design Standards. Additianal design standards
apply and are specified far develapments located adjacent to. an Active Edge Street, ar that
are lacated within the NC, MU and OE averlay zanes. A site layaut, landscaping ar building
design in a manner inconsistent with the Craman Mill District Design Standards requires a
minar amendment in accordance with Sectian 18.53.020.B.
VIII-B-1 Orientatian and Scale
1. Buildings shall have their primary arientatian toward the street rather than the parking
area. Building entrances shall be ariented toward the street and shall be accessed from
a public sidewalk. All front doors must face streets and walkways. Where buildings are
lacated an a corner lat, the entrance shall be ariented taward the higher arder street ar
to. the lat corner at the intersectian af the streets. Buildings shall be lacated as clase to.
the intersectian carner as practicable. Public sidewalks shall be pravided adjacent to. a
public street along the street frantage.
2. Building entrances shall be lacated within ten feet af the public right af way to. which they
are required to be ariented. Exceptions may be granted far tapagraphic constraints, lat
configuratian, designs where a greater setback results in an impraved access ar far sites
with multiple buildings where this standard is met by ather buildings. The entrance shall
be designed to. be clearly visible, functianal and shall be apen to. the public during all
business haurs.
3. Autamobile circulatian ar parking shall not be allawed between the building and the right-
af-way.
4. These requirements may be waived if the building is nat alang an Active Edge Street
and is nat accessed by pedestrians, such as warehauses and industrial buildings withaut
attached affices.
5. Buildings shall incarparate lighting and changes in mass, surface ar. finish giving
emphasis to. entrances.
Additianal Orientatian and Scale Standards far Develapments Adjacent to. Active
Edge Streets, ar Within NC, MU and OE Overlays:
6. Building frantages greater than 100 feet in length shall have affsets, jogs ar have ather
distinctive changes in the building fa~de.
7. Buildings shall incorparate arcades, roafs, alcoves, particoes and awnings that protect
pedestrians fram the rain and sun.
8. Buildings shall incorparate display areas, windaws and daarways as follaws. Windaws
must allaw view into. warking areas ar labbies, pedestrian entrances ar displays areas.
Blank walls within 30 feet af the street are prohibited.
a. Far Buildings Within the NC, MU and OE Overlays and Nat Adjacent to. an
Active Edge Street. Any wall which is within 30 feet af the street, plaza ar ather
public apen space shall contain at least 20% af the wall area facing the street in
display areas, windaws, ar doorways. Up to. 40% af the length af the building
perimeter can be exempted far this standard if ariented taward laading ar service
areas. .
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Ashland Site Design and Use Standards
2nd Reading 8.17.10
9
b. Far Buildings Adjacent to. Active Edge
Streets. At least 50% af the first-floor falfllde is
comprised af transparent apenings (clear glass)
between three and eight feet abave grade.
VIII-B-2 Parkina Areas and On-site Circulatian
1. Primary parking areas shall be lacated behind
buildings with limited parking an ane side af the
building.
2. Parking areas shall be shaded by deciduaus trees,
buffered from adjacent nan-residential uses and
screened fram nan-residential uses.
3. Parking areas shall meet the Parking Lat
Landscaping and Screening Standards af Sectian
II-D af the Site Design and Use Standards.
Additianal Parking Area and On-site Circulatian
Standards far Develapments Adjacent to. Active Edge Streets, ar Within NC, MU and
OE Overlays:
4. Parking areas shall be located behind buildings.
5. Protected raised walkways shall be installed thraugh parking areas af 50 ar mare spaces
ar mare than 100 feet in average width ar depth.
6. Parking lats with 50 spaces ar mare shall be divided into separate areas and divided by
landscaped areas ar walkways at least ten feet in width, ar by a building ar group af
buildings.
7. Develapments af ane acre ar mare must pravide a pedestrian and bicycle circulatian
plan for the site. On-site pedestrian walkways must be lighted to. a level where the
system can be used at night by emplayees, residents and custamers. Pedestrian
walkways shall be direclly linked to. entrances and to. the internal circulatian af the
building.
VIII-B-3 Autamabile Parkina
With the exceptian of the standards described below, autamabile parking shall be pravided
in accordance with the Oft-Street Parking chapter 18.92, Sectian VIII-C Croman Mill District
Green Develapment Standards, and Sectian II-D Parking Lat Landscaping and Screening
Standards af the Site Design and Use Standards.
1. Credit far Autamobile Parking. The amaunt af required aft-street parking shall be
reduced by nat mare than 50%, thraugh applicatian af the fallawing credits.
a. On-Street Credit: One aft-street parking space credit for every an-street space.
b. TDM Plan Credit: Thraugh implementatian af an individual Transpartatian Demand
Management (TDM) plan that demanstrates a reductian af I<,mg term parking demand
by a percentage equal to. the credit requested.
c. 'Mixed Use Credit: Through a mixed-use parking arrangement that demanstrates the
peak parking demands are affset. The credit shall reduce the aft-street parking
requirement by a percentage equal to the affset in parking demand.
d. Shared Parking Credit: One aft-street parking space credit for every space
constructed in designated aft-site shared parking areas, ar through payment af in-
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Ashland Site Design and Use Standards
2nd Reading 8.17.10
10
lieu-of-parking fees for a comman parking structure(s) upan establishment af a
parking management strategy far the Craman Mill District.
2. Maximum On-Site Surface Parking. After a parking management strategy far the
Craman Mill District is in place, a maximum af 50% af the required aff-street parking can
be constructed as surface parking an any develapment site. The remaining parking
requirement can be met through ane ar a cambinatian af the credits far autamabile
parking in VIII-B-3(1).
VIII-B-4 StreetscaDe
1. One street tree chosen tram the street tree list shall be placed far each 30 feet af
frontage far that partian af the develapment tranting the street. Street trees shall meet
the Street Tree Standards in Sectian II-E af the Site Design and Use Standards.
Additianal Streetscape Standards for Developments Adjacent to. Active Edge Streets,
ar Within NC, MU and OE Overlays:
2. Hardscape (paving material) shall be utilized to. designate "peaple" areas. Sample
materials could be unit masanry, scored and colared concrete, pavers ar combinatians
afthe abave.
3. A building shall be setback nat mare than ten feet tram a public sidewalk unless the area
is used for pedestrian entries such as alcoves, ar for pedestrian activities such as plazas
ar outside eating areas. This standard shall apply to both street frantages an comer lats.
If mare than ane structure is praposed far a site, at least 65% af the aggregate building
frontage shall be within ten feet af the sidewalk.
VIII-B-5 Buildina Materials
Bright or nean paint colars used extensively to attract attentian to. the building ar use are
prohibited. Buildings may nat incorparate glass as a majarity af the building skin.
VIII-B-6 Buildina Heiaht Reauirements
All buildings shall have a minimum height as indicated in the Building Height Requirements
Map and Dimensianal Standards Table, and shall nat exceed the maximum height except as
provided far a perfarmance standard bonus.
1. Street Wall Height: Maximum street wall fa't3de
height for the Croman Mill district for all structures
lacated autside the Residential Buffer Zane is 50 feet.
2. Upper-f1aar Setback: Buildings taller than 50 feet
must step back upper staries, beginning with the faurth
stary, by at least six feet measured from the fa't3de af
the street wall facing the street, alleyway, public park ar
apen space.
3. Residential Buffer Zane: All buildings in the Craman
Mill District within the Residential Buffer Zane shall
meet the fallawing height standards:
a. Maximum Height: The maximum height allawance
withaut a perfarmance standards bonus far all
structures within the Residential Buffer Zane is 35
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Ashland Site Design and Use Standards
2nd Reading 8.17.10
11
feet in the NC averlay and 40 feet in the MU, and the maximum height with a ban us
is 40 feet in accordance with VIII-C-13 Performance Standard Banus.
b. Upper Flaar Setback Requirements: Buildings taller than two. staries must step back
the third stary by at least six feet measured tram the fayade facing the street,
alleyway, public park or apen space.
4. Architectural Standards far Large Scale Buildings Lacated Adjacent to. Active
Edge Streets, ar Within NC, MU and OE Overlays: The follawing architectural
standards will apply to. all buildings with a gross floor area greater than 10,000 square
feet, a fayade length if') excess af 100 feet ar a height taller than 45 feet.
a. On upper f1aars use windaws andlar architectural features that pravide interest an all
faur sides af the building. .
b. Use recesses and projectians to. visually divide building surfaces into. smaller scale
elements.
c. Use colar ar materials to. visually reduce the size, bulk and scale af the building.
d. Divide large building masses into. heights and sizes that relate to. human scale by
incorparating changes in building masses ar directian, sheltering roafs, a distinct
pattern af divisians an surfaces, windaws, trees and small scale lighting.
e. On-site circulatian systems shall incorparate a streetscape which includes curbs,
sidewalks, pedestrian scale light standards and street trees.
VIII-B-7 Landscapina
1. Effarts shall be made to. save as many existing healthy trees and shrubs an the site as
passible.
2. Landscaping design shall utilize a variety af law water use deciduaus and evergreen
trees and shrubs and f1awering plant species as described in the mandatory palicies in
Sectian III - Water Canserving Landscaping Guidelines and Palicies.
3. Far develapments in the CI Overlay and nat adjacent to. an Active Edge Street, buildings
adjacent to. streets shall be buffered by landscaped areas at least ten feet in width,
unless the area is used for entry features such as alcoves ar as hardscape areas far
pedestrian activities such as plazas ar autside eating areas.
4. Laading facilities shall be screened and buffered when adjacent to. residentially zaned
land.
5. Landscaping shall be designed sa that 50% coverage occurs after ane year and 90%
coverage accurs after fIVe years.
6. Irrigatian systems shall be installed to. assure landscaping success.
VIII-B-8 Liahtina
Lighting shall include adequate lights that are scaled for pedestrians by including light
standards ar placements af no. greater than 14 feet in height alang pedestrian pathways.
VIII-B-9 Screenina Mechanical Eauipment
1. Screen raaftap mechanical equipment from publiC rights-of-way ar adjacent residentially
zaned property through extended parapets ar ather roof forms that are integrated into.
the averall compasitian af the building. Screen ground f1aar mechanical equipment from
public rights-af-way ar adjacent residentially zaned praperty.
2. Parapets may be erected up to. five feet abave the calculated building height, and shall
be no. greater than five feet above the height limit specified in the district in accardance
with the Dimensianal Standards Table in Sectian 18.53.050.
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Ashland Site Design and Use Standards
2nd Reading 8.17.10
12
3. Salar energy systems. are exempt fram this standard. Additianally, rooftap salar energy
systems may be erected up to. five feet abave the calculated building height, and shall be
no greater than five feet abave the height limit specified in the district in accordance with
the Dimensianal Standards Table in Section 18.53.050.
4. Installatian of mechanical equipment requires Site Review appraval unless atherwise
exempted per Sectian 18.72.030.B.3.
VIII-B-10 Transit Facilities Standards
The locatian af planned transit rautes within the Croman Mill District shall be defined
according to. the Craman Mill District Transit Framewark map in collabaratian with the local
transit autharity. Transit service facilities such as planned bus rapid transit facilities, shelters
and pullauts shall be integrated into. the develapment application consistent with the
fallowing standards.
1. All Large Scale development lacated an an
existing ar planned transit route shall
accommodate a transit stap and ather assaciated
transit facilities unless the Directar af Cammunity
Develapment determines that adequate transit
facilities already exist to. serve the needs af the
develapment; ar
2. Provide the City with a band ar ather suitable
collateral ensuring satisfactary completian af the
transit facilities at the time transit service is
provided to. the develapment. Suitable collateral
may be in the form af security interest, letters af
credit, certificates af deposit, cash bands, bands
or ather suitable collateral as determined by the
City Administratar.
1 ~ "~:~4
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VIII-B-11 Freight Rail Spur Easement-Campatible Industrial (CI\
1. A Rail Spur easement a minimum af 500 feet in
length by 25 feet in width shall be set aside at the
approximate lacatian presented an the Croman Mill
District Transit Framewark Map.
2. No. buildings ar permanent structures can be
established within the spur easement sa nat to.
preclude installatian af a rail spur for freight laading
and unlaading.
3. Buildings adjacent to. the reserve strip shall be
designed and configured to. permit laading and
unlaading.
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Ashland Site Design and Use Standards
2nd Reading 8.17.10
13
VIII-B-12 Cammuter Rail Platform Easement - Neiahbarhaad Cammercial fNCI
1. A Commuter Rail Platform easement ar designated
rail road right-of-way a minimum af 400 feet in length
and 25 feet in width shall be set aside at the
approximate locatian presented an the Craman Mill
District Transit Plan Map.
2. No. buildings ar permanent structures can be
established within the platform easement sa as nat to.
preclude installatian af a commuter rail platform ar
planned bus rapid transit facility for laading and
unlaading.
3. Buildings adjacent to. the reserve strip shall be
designed and configured to. permit laading and
unlaading.
,
i'..
VIII-B-13 Open Spaces
1. Central Park. The purpase af the Central Park is to. serve as a public amenity and
accommadate the daily needs af emplayees (e.g. breaks, lunch time) as well as far
special events that will attract residents citywide. The Central Park design shall provide
a minimum af the fallowing elements.
a. Circulatian thraugh and around the park.
b. A centrally lacated hardscape area to. accommadate large gatherings, and af no
mare than 50% af the tatal park area.
c. Street furniture, including lighting, benches, low walls and trash receptacles alang
walkways and the park perimeter.
d. Simple and durable materials.
e. Trees and landscaping that pravide visual interest with a diversity af plant materials.
f. Irregular placement af large~napy trees within passive areas adjacent to. the
Central Boulevard.
g. Eight-foot minimum sidewalk width and seven-foot minimum parkrow width.
h. landscaped swales to. capture and treat runaff.
i. Parous salid surfacing for at least 50% of the hardscape area, and paving materials
that reduce heat absorptian (Salar Reflective Index (SRI) af at least 29).
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Central Park
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Ashland Site Design and Use Standards
2nd Reading 8.17.10
14
2. Transit Plaza. A lacatian for the transit plaza shall be reserved between the commuter
rail platfarm and commercial uses alang the Central Baulevard. The design af the plaza
shall include the fallawing elements.
a. A passenger waiting, laading and unlaading area.
b. Outdoor gathering space adjacent to commercial uses.
c. Accommodate the central bike path.
d. Canveniently lacated and secure bike parking.
Corrmerclal Us,:", "
Transit Plaza
VIII-B-14 CamDact DevelaDment
The site layout is compact, and enables future intensificatian af develapment and changes
to. land use aver time. The following measures shall be used to. demanstrate campliance
with this standard.
1. The develapment achieves the required minimum floor area ratio (FAR) and minimum
number af staries, ar shall pravide a shadaw plan that demanstrates haw develapment
may be intensified aver time far mare efficient use af land and to. meet the required
(FAR) and minimum number af staries; and
2. Oppartunities far shared parking are utilized.
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Ashland Site Design and Use Standards
2nd Reading 8.17.10
15
C. Green Development Standards
The Croman Mill District Green Develapment Standards provide specific requirements far
the management af starmwater run-off, use and collectian af recycled materials, salar
arientation and building shading, and conserving natural areas. Develapment located in the
Craman Mill District shall be designed and constructed consistent with the fallawing Green
Develapment Standards. A site layaut, landscaping ar building design in a manner
inconsistent with the Croman Mill District Green Develapment Standards requires a minar
amendment in accordance with Sectian 18.53.020.6.
VIII-C-1 Canserve Natural Areas
Preserve water quality, natural hydralogy and habitat, and preserve biadiversity through
protectian af streams and wetlands. In additian to. the requirements af Chapter 18.63 Water
Resaurces, conserving natural water systems shall be considered in the site design thraugh
applicatian af the fallowing standards.
1. Designated stream and wetland pratectian areas shall be cansidered pasitive design
elements and incarparated in the overall design af a given project.
2. Native riparian plant materials shall be planted in and adjacent to. the creek to. enhance
habitat.
3. Create a lang-term management plan for an-site wetlands, streams, associated habitats
and their buffers.
VIII-C-2 Create Diverse Neiahbarhaads
Use the fallawing measures to. encourage diversity in the district by praviding a balanced
range af hausing types that compliment a variety af land uses and emplayment
appartunities.
1. Differentiate units by size and number af bedrooms.
2. Far develapments including mare than faur dwelling units, at least 25% of the tatal units
shall be designated as rental units.
3. Affordable purchase hausing pravided in accordance with the standards established by
Resolutian 2006-13 for households eaming at ar belaw 80% af the area median income
shall apply toward the required percentage af rental hausing per VIII-C-2(2).
4. Units designated as market rate ar affardable rental units shall be retained as ane
condaminium tract under ane awnership.
VIII-C-3 Desian Green Streets
Green Streets are public streets that have been built ar retrofitted to. include landscape
areas that increase starmwater infiltratian, reduce and slaw the rate af runaff, and use bio-
-filtratian to. remave pallutants.
1. New streets shall be develaped to. capture and treat starmwater in a manner consistent
with the Craman Mill District Starmwater Management Plan Map, the City af Ashland
Starmwater Master Plan and Ashland Green Streets Standards.
2. All develapment served by planned Green Streets as designated an the Craman Mill
District Green Street Map shall accommadate said facilities by including the same in the
develapment plan; andlar
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3. Provide the City with a bond ar ather suitable collateral ensuring satisfactary completian
af the Green Street(s) at the time full street netwark impravements are pravided to. serve
the develapment. Suitable collateral may be in the form af security interest, letters af
credit, certificates af depasit, cash bands, bands ar ather suitable collateral as
determined by the City Administratar.
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VIII-C-4 Desian Green Surface Parkina
Parking areas shall be designed to. minimize the adverse enviranmental and microclimatic
impacts af surface parking thraugh design and material selectian. All parking areas shall
meet the fallowing standards, and shall comply with the with the Off-Street Parking chapter
18.92, with Sectian VIII-B Croman Mill Design Standards, and Sectian 11-0 Parking Lot
Landscaping and Screening Standards af the Site Design and Use Standards.
1. Use a maximum af 25% af the praject area far surface parking.
2. Use at least ane af the following strategies for the surface parking' area, or put 50% of
parking undergraund.
a. Use light colared paving materials with a high solar reflectance (Solar Reflective
Index (SRI) af at least 29) to. reduce heat absarptian for a minimum af 50% af the
parking area surface.
b. Pravide paraus salid surfacing ar an apen grid pavement system that is at least 50%
perviaus for a minimum af 50% af the parking area surface.
c. Provide at least 50% shade tram tree canapy aver the surface lat within five years af
praject occupancy.
VIII-C-5 Manaae and Reuse af Starmwater Run.{)ff
Reduce the public infrastructure costs and adverse environmental effects af starmwater run-
off by managing run-off tram building raafs, driveways, parking areas, sidewalks and other
hard surfaces thraugh implementatian af the fallawing standards.
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Ashland Site Design and Use Standards
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,
1. Design grading and site plans to capture and slow runoff.
2. Design parking lots and other hard surface areas in a way that captures and treats runoff
with landscaped medians and swales.
3. Use pervious or semi-pervious surfaces that allow water to infiltrate the soil.
4. Direct discharge storm water runoff into a designated green street and neighborhood
storm water treatment facilities.
5. Retain rainfall on-site through infiltration, evapotranspiration or through capture and
reuse techniques.
VIII-C-6 Recyclina Areas
All developments in the Croman Mill District shall provide an opportunity-to-recycle site for
use of the project occupants.
1. Commercial. Commercial developments having a solid waste receptacle shall provide a
site of equal or greater size adjacent to or with access comparable to the solid waste
receptacle to accommodate materials collected by the local solid waste franchisee under
its on-route collection program for purposes of recycling. Both the opportunity-ta-recycle
site and the common solid waste receptacle shall be screened by fencing or landscaping
such as to limit the view from adjacent properties or public rights-of-way.
2. Residential. All newly constructed residential units, either as part of an existing
development or as a new development, shall provide an opportunity-ta-recycle site in
accord with the following standards.
a. Residential developments not sharing a common solid waste receptacle shall provide
an individual curbside recycling container for each dwelling unit in the development.
b. Residential developments sharing a common solid waste receptacle shall provide a
site of equal or greater size adjacent to or with access comparable to the common
solid waste receptacle to accommodate materials collected by the local solid waste
franchisee under its residential on-route collection program for purposes of recycling.
Both the opportunity-ta-recycle site and the common solid waste receptacle shall be
screened by fencing or landscaping such as to limit the view from adjacent properties
or public rights~f-way.
3. Screening refuse and recycle areas. Refuse and recycle areas shall be screened from
view by placement of a solid wood, metal, or masonry wall from five to eight feet in
height. All refuse and recycle materials shall be contained within the refuse area.
VIII-C-7 Minimize Construction Impacts
Minimize pOllution and waste generation resulting from construction activity through the
following measures.
1. Construction Activity Pollution Prevention. Develop and implement an erosion and
sediment control plan to reduce pollution from construction activities by controlling soil
erosion, waterway sedimentation and airborne dust generation in accordance with
Ashland Public Works Standards. The erosion and sediment control plan shall be
submitted with the final engineering for public improvements and building permits.
2. Construction Waste Management. Recycle and/or salvage non-hazardous construction
and demolition debris in accordance with the Building Demolition Debris Diversion
requirements in 15.04.216.C.
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VIII-C-8 Potable Water Reduction for Irriaation
Provide water efficient landscape irrigation design that reduces by 50% the use of potable
water after the initial period for plant installation and establishment. Calculations for the
reduction shall be based on the water budget, and the water budget shall be developed for
landscape irrigation that conforms to the mandatory policies in Section III - Water
Conserving Landscaping Guidelines and Policies. Methods used to accomplish the
requirements of this section may include, but are not limited to, the following.
1. Plant species.
2. Irrigation efficiency.
3. Use of captured rainwater.
4. Use of recycled water.
5. Use of graywater.
6. Use of water treated for irrigation purposed and conveyed by a water district or public
entity.
VIII-C-9 Solar Orientation
Incorporate passive and active solar strategies in the design and orientation of buildings and
public spaces. When site and location permit, orient the building with the long sides facing
north and south.
VIII-C-10 Buildina Shadina
Shade ,the building through the following measures.
1. Provide horizontal exterior shading devices for south-facing windows to control solar
gain during the peak cooling season.
2. Provide vertical exterior shading devices for east- and west-facing windows to control
solar gain and glare due to low sun angles during the peak cooling season.
3. A combination of horizontal and vertical exterior shading devices may be necessary to
control solar gain on southwest- and southeast-facing windows.
VIII-C-11 Recvcled Content in Infrastructure
For new streets, driveways, parking lots, sidewalks and curbs, the aggregate materials shall
be at least 50% by volume recycled aggregate materials such as crushed Portland cement
concrete and asphalt concrete. Above-ground structured parking and underground parking
are exempt from this requirement.
VIII-C-12 Outdoor Liahtina
. Minimize light pollution from the project to improve nighttime visibility, increase night sky
access and to reduce development impact on noctumal environments by using down-
shielded light fixtures that do not allow light to emit above the 90 degree plane of the fixture.
Lighting fixtures provided to implement Federal Aviation Administration mitigation measures
to enhance safe air navigation are exempt from this standard.
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VIII-C-13 Performance Standard Bonuses
The permitted building height or base residential density, whichever is applicable, shall be
increased by the number of stories or percentage residential density as outlined below. In no
case shall the building height or residential density exceed the height and density bonus
maximums in the Dimensional Standards Table in Section 18.53.050.
1. Green Building Bonus
Projects that achieve a high performance green building standard and significantly
improve energy performance beyond the current minimum Oregon requirements are
eligible for a building height bonus as follows.
a. In the event that a building or structure is determined to be meet the standard for
LEEOO Certified building, the building height may exceed the maximum height
specified for the CM overlay districts within the Dimensional Standards Table in
Section 18.53.060, through application of a height bonus as follows.
i. A building obtaining LEEOO Certification as meeting the LEEOO Silver Standard
may be increased in height by up to one story.
ii. A building obtaining LEED@ Certification as meeting the LEEOO Gold Standard
may be increased in height by up to two stories.
iii. A building in the Residential Buffer overlay obtaining LEEOO Certification as
meeting the LEEOO Silver or Gold Standard may be increased in height by Y,
--" story up to a maximum height of 40 feet.
iv. Applications to increase the building height in excess of the maximum permitted
height through the application of a height bonus shall address any conditional
determination by the Federal Aviation Administration regarding mitigation
measures requested to enhance safe air navigation.
b. Demonstration of Achieving LEEOO Certification.
Projects awarded a height bonus pursuant to this section, shall provide the City with
satisfactory evidence of having completed the following steps in the process toward
demonstrating achievement of LEEOO certification.
i. Hiring and retaining a LEEOO Accredited Professional as part of the project team
throughout design and construction of the project.
ii. Developments seeking a height bonus shall provide documentation with the
planning application, and prior to issuance of a building permit, that the proposed
development as designed and constructed will meet or exceed the equivalent
LEEOO standard relating to the height bonus awarded.
iii. A final report shall be prepared by the LEEOO Accredited Professional and
presented to the City upon completion of the project verifying that the project has .
met, or exceeded, the LEEOO standard relating to the height bonus awarded.
iv. The report shall produce a LEEOO compliant energy model following the
methodology outlined in the LEED@ rating system. The energy analysis done for
the building performance rating method shall include all energy costs associated
with the building project.
2. Structured Parking Bonus.
A building may 'be increased by up to one story in height when the corresponding
required parking is accommodated underground or within a private structured parking
facility, subject to building height limitations for the zoning district.
3. Affordable Housing Bonus.
a. For every percent of units that are affordable, an equivalent percentage of density
bonus shall be allowed up to a maximum bonus of 100%.
b. Affordable housing bonus shall be for residential units that are affordable for
moderate income persons in accordance with the standards established by
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resolution of the City Council and guaranteed affordable through procedures
contained in said resolution.
VIII-C-14 Emplovment Density
To promote transit supportive development, efficient use of employment zoned lands and
local economic vitality, it is recommended that developments within the Croman Mill District
are planned to accommodate employment densities as follows.
a. 60 employees per acre in the Office Employment (OE) Overlay.
b. 25 employees per acre in the Compatible Industrial (CI) Overlay.
c. 25 employees per acre in the Mixed Use (MU) Overlay.
d. 20 employees per acre in the Neighborhood Center (NC) Overlay.
Ashland Site Design and Use Standards
2nd Reading 8.17.10
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~hland Site Design and Use Standard
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27
ORDINANCE NO.
AN ORDINANCE AMENDING AMC 18.08.190,18.08.341,18.08.342,
18.08.343,18.08.845,18.12.020,18.61.042, 18.68.020, 18.68.050, 18.72.030,
18.72.110,18.72.120,18.72.140,18.72.180, 18.84.100, 18.88.070, 18.88.080,
18.92.020,18.96.090,18.104.020,18.106.030, 18.108.0174 OF THE ASHLAND
MUNICIPAL CODE AND LAND USE ORDINANCE FOR CONSISTENCY
WITH NEW CHAPTER 18.53 CROMAN MILL
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the Citv The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
h~ve perpetual succession.
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. Citv of
Beaverton v. International Ass'n of Firefighters, Local 1660. Beaverton Shop 20 Or. App. 293;
531 P 2d 730, 734 (I 975); and
WHEREAS, the City of Ashland Planning Commission considered the above-referenced
recommended amendments to the Ashland Municipal Code and Land Use Ordinances at a duly
advertised public hearing on January 12,2010 and subsequent public hearing continuance dates,
and on February 23,2010, following deliberations, recommended approval of the amendments
by a vote of 6-2; and
WHEREAS, the City Council ofthe City of Ashland conducted a duly advertised public hearing
on the above-referenced amendments on April 6, 2010 and on subsequent public hearing
continuance dates; and
WHEREAS, the City Council of the City of Ashland, following the close of the public hearing
and record, deliberated and conducted first and second readings approving adoption of the
Ordinance in accordance with Article 10 of the Ashland City Charter; and
WHEREAS, the City Council of the City of Ashland has determined that in order to protect and
benefit the health, safety and welfare of existing and future residents ofthe City, it is necessary
to amend the Ashland Municipal Code and Land Use Ordinance in manner proposed, that an
adequate factual base exists for the amendments, the amendments are consistent with the
comprehensive plan and that such amendments are fully supported by the record of this
proceeding.
Page 1 of 17
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The above recitations are true and correct and lire incorporated herein by this
reference.
SECTION 2. AMC Chapter 18.08.190 [Definitions - District] is hereby amended to add the a
new subsection to read as follows:
18.08.190 District. A zoning district.
A. "R" district indicates any residential zoning district.
B. "C" district indicates any commercial zoning district.
C. "M" district indicates any industrial zoning district.
D. "A" district indicates any airport overlay district.
E. "CM" District indicates any Croman Mill Plan zonin!! district
SECTION 3. AMC Chapter 18.08 [Definitions] is hereby amended to add the following new
definitions in alphabetical order, with subsequent sections renumbered and re-Iettered to read as
follows:
.~
18.08.341 LEED@ Accredited Professional.
A person who has earned a credential as a Leadership in Ener!!v and Environmental
Desi!!n (LEED@) Accredited Professional from the U.S. Green Buildin!! Council, or
Green Buildin!! Certification Institute, in accordance with their standards and
requirements.
( 18.08.342 LEED@ certification.
A buildin!! re!!istered with the U.S. Green Buildin!! Council which has satisfied all
prerequisites and has earned a minimum number of points outlined in the Leadership
in Enerl!V and Environmental Desi!!n (LEED@) Ratin!! System under which it is
re!!istered. Levels of certification include Certified, Silver. Gold and Platinum.
18.08.343 LEED@ Green Buildin!! Ratin!! Svstem" or "LEED@ Ratin!! System.
The most recentlv published version of the Leadership in Enerl!V and Environmental
Desi!!n (LEED@) Green Buildin!! Ratin!! Systems bv the U.S. Green Buildin!! Council,
or the version to be superseded for one year after the publication of a new applicable
LEED@ Ratin!! System version.
18.08.845 Water Bud!!et
The amount of water a landscape needs takin!! into account the inputs and outputs of
water to and from the root zone. Inputs, such as precipitation, are subtracted from
outputs. such as evapotranspiration. to calculate the water needs of the landscape.
SECTION 4. AMC Chapter 18.12.020 [Classification of Districts] is hereby amended to read
as follows:
Page 2 of 17
18.12.020 Classification of Districts.
For the purpose ofthis Title, the City is divided into zoning districts designated as follows:
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I: Zoning Districts and Overlays Abbreviated Desilmation
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Airoort Overlay A
Residential - Rural RR
Residential - Single Family R-I
Residential- Low Density Multiple Family R-2
Residential - High Density Multiple Family R-3
Commercial C-I
Commercial - Downtown C-I-D
Employment E-I
Industrial M-I
Woodland Residential WR
SOU - Southern Oregon University SOU
Performance Standards (P} - Overlay P
Detail Site Review Zone DSR
Health Care Services Zone HC
North Mountain Neighborhood NM
Croman Mill District Zone CM
Residential Overlav R
Freeway Sign Overlay , F
,
SECTION 5. AMC Section 18.61.042. D. [Tree Preservation and Protection - Approval and
Permit Required - Tree Removal Permit] is hereby amended to read as follows:
18.61 Tree Preservation and Protection
18.61.042 Approval and Permit Required
D. Tree Removal Permit:
I. Tree Removal- Permits are required for the following activities:
a. Removal of trees greater than 6" DBH on any private lands zoned C-l, E-l, M-I,
eM.or He.
b. Removal of trees greater than 6" DBH on multi-family residentially zoned lots
. (R-2, R-3, and R-I-3.5) not occupied solely by a single family detached dwelling.
c. Removal of significant trees on vacant property zoned for residential purposes
including but not limited to R-I, RR, WR, and NM zones,
d. Removal of significant trees on lands zoned SOU, on lands under the control of
the Ashland School District, or on lands under the control of the City of Ashland.
2. Applications for Tree Removal - Permits shall be reviewed and approved by the Staff
Advisor pursuant to AMC 18.61.080 (Approval Criteria) and 18.108.040 (Type Procedure).
If the tree removal is part of another planning action involving development activities, the
Page 3 of 17
tree removal application, if timely filed, shall be processed concurrently with the other
planning action.
SECTION 6. AMC Section 18.68.020 [General Regulations - Vision Clearance Areas] is
hereby amended to read as follows:
18.68 General Regulations
18.68.020 Vision Clearance Area.
Vision clearance areas shall be provided with the following distances establishing the size of the
vision clearance area:
A. In any R district, the minimum distance shall be twenty-five (25) feet or, at intersections
including an alley, ten (10) feet.
B. In all other districts except the C-lltIHI-E-l, and CM, the minimum distance shall be
fifteen (15) feet or, at intersections, including an alley, ten (10) feet. When the angle of
intersection between streets, other than an alley, is less than thirty (30) degrees, the
distance shall be twenty-five (25) feet.
C. The vision clearance area shall contain no plantings, fences, walls, structures, or
temporary or permanent obstructions exceeding two and one-half (2 v,) feet in height,
measured from the top of the curb, except that street trees exceeding this height may be
located in this area, provided all branches and foliage are removed to a height of eight (8)
feet above the grade.
D. The vision clearance standards established by this section are not subject to the Variance
section ofthis title. (Ord. 2605, S I, 1990)
SECTION 7. AMC Section 18.68.050 [General Regulations - Arterial Street Setback
Requirements] is hereby amended to read as follows:
18.68 General Regulations
18.68.050 Arterial Street Setback Requirements.
To permit or afford better light, air and vision on more heavily traveled streets and on streets of
substandard width, to protect arterial streets, and to permit the eventual widening of hereinafter
named streets, every yard abutting a street, or portion thereof, shall be measured from the special
base line setbacks listed below instead ofthe lot line separating the lot from the street.
Street Setback
East ~ain St!.<:eh.!>etween City limits and Lithia Way 35 feet
----~-
Ashland Street (Highway 66) between 65 feet
J::.i!y limits and Siskiyou Boulevard
Also, front yards for properties abutting all arterial streets shall be no less than twenty (20) feet,
with the exception ,of the CM and C-I-D district~ and properties abutting Lithia Way in the C-l
district.
Page 4 of 17
SECTION 8. AMC Section 18.72.030 [Site Design and Use Standards - Applicability] is
hereby amended to read as follows:
18.72 Site Design and Use Standards
18.72.030 Applicability.
Site design standards shall apply to all zones of the city as outlined below.
A. Applicability. The following development is subject to Site Design Review:
I. Commercial, Industrial, Non-Residential and Mixed uses:
a. All new structures, additions or expansions in C-I, E-I, HC, CM, and M-l zones.
b. All new non-residential structures or additions (e.g. public buildings, schools,
churches, etc.).
c. Expansion of impervious surface area in excess of 10% of the area of the site or 1,000
square feet, whichever is less.
d, Expansion of parking lots, relocation of parking spaces on a site, or other changes
which affect circulation.
e. Any change of occupancy from a less intensive to a more intensive occupancy, as
defined in the City building code, or any change in use which requires a greater
number of parking spaces.
f. Any change in use of a lot from one general use category to another general use
category, e.g., from residential to commercial, as defined b the zoning regulations of
this Code.
g. Any exterior change to a structure which is listed on the National Register of Historic
Places or to a contributing property within an Historic District on the National
Register of Historic Places that requires a building permit, or includes the installation
of Public Art.
h. Mechanical equipment not otherwise exempt from site design review per Section
18.72.030(B).
2. Residential uses:
a. Two or more residential units on a single lot.
b. Construction of attached single-family housing (e.g. town homes, condominiums, row
houses, etc.) in all zoning districts.
c. Residential development when off-street parking or landscaping, in conjunction with
an approved Performance Standards Subdivision required by ordinance and not
located within the boundaries of the individual unit parcel (e.g. shared parking).
d. Any exterior change to a structure individually listed on the National Register of
Historic Places that requires a building permit, or includes the installation of Public
Art.
e. Mechanical equipment not otherwise exempt from site design review per Section
18.72.030(B).
SECTION 9. AMC Section 18.72.110 [Site Design and Use Standards - Landscaping
Standards] is hereby amended to read as follows:
,
18.72 Site Design and Use Standards
Page 5 of 17
18.72.110
Landscaping Standards.
A. Area Required. The following areas shall be required to be landscaped in the following
zones:
-.------..-'-..-T'. .._.......___.____.__......._._..u_._.__.__.__.__._._..._..u_."........."._,,_________.___""._""._.,_ ------._-._--- ._.__.______.,,_.__.__...__...__.m___......._.____n_._._._....
_._._._.___....__..u_._._
I R-I - 45% of total developed lot area
R-2 - 35% of total developed lot area
R-3 ---- )5% ofto~L~ey'el~E~~Jot area _._..
...:.:- --------
I C-I - 15% of total developed lot area
iC-I-D - None, except parking areas and service stations shall meet the
landscaping and
screening standards in Section II.D. of the Site Design and Use
Standards.
E-I - ""I?~~rt~t~1.4t:yt:l()Et:410t~r.t:,a,
.'_'''n__'''n_......................._.m................._.__._._....__..............._._ ......................-....".....
M-I - 10% of total developed lot area
t CM-NC - 15% of total developed lot area
-
CM-OE - 15% oftotal developed lot area
,- --..-- , -------~-------_.. _._--
i CM-CI - 10% of total developed lot area
r --
CM-MU - 15% of total developed lot area
, -- ,
SECTION 10. AMC Section 18.72.120 [Site Design and Use Standards - Controlled Access]
is hereby amended to read as follows:
18.72.120
Controlled access.
A. Any partitioning or subdivision of property located in an R-2, R-3, C-I, E-I CM, or M-I
zone shall meet the controlled access standards set forth in seetioB (B) below. If applicable,
cross access easements shall be required so that access to all properties created by the land
division can be made from one or more points.
B. Street and driveway access points in an R-2, R-3, C-I, E-I, or M-I zone shall be limited to
the following: '
1. Distance between driveways.
On arterial streets - 100 feet;
on collector streets - 75 feet;
on residential streets - 50 feet.
2. Distance from intersections.
On arterial streets - 100 feet;
on collector streets - 50 feet;
on residential streets - 35 feet.
Co Street and drivewav access points in the CM zone are subiect to the requirements of the
of Croman Mill District Standards.
Page 6 of 17
G]!. Access Requirements for Multi-family Developments.
I. All multi-family developments which will have automobile trip generation in excess of
250 vehicle trips per day shall provide at least two driveway access points to the
development. Trip generation shall be determined by the methods established by the
Institute of Transportation Engineers.
2. Creating an obstructed street, as defined in 18,88.020.G, is prohibited.
SECTION 11. AMC Section 18.72.140 [Site Design and Use Standards - Light and Glare
Performance Standards] is hereby amended to read as follows:
18.72.140
Light and Glare Performance Standards.
There shall be no direct illumination of any residential zone from a lighting standard in any other
residential lot, C-1, E-1 or M-1, SO, CM or HC lot.
SECTION 12. AMC Section 18.72.180 D.[Site Design and Use Standards - Development
Standards for Wireless Communication Facilities] is hereby amended to read as follows:
18.72.180
Development Standards for Wireless Communication Facilities
D, All installation of wireless communication systems shall be subject to the requirements of
this section in addition to all applicable Site Design and Use Standards and are subject to
the following approval process:
Zoning Designations Attached to Alternative Freestanding
Existing Structures . Support
Structures Structures
Residential Zones\'J CUP Prohibited Prohibited
C-1 CUP CUP Prohibited
C-1-D (Downtown)(l) CUP Prohibited Prohibited
C-1 - Freeway overlay Site Review Site Review CUP
E-1 Site Review Site Review CUP
M-1 Site Review Site Review CUP
SOU Site Review CUP CUP
NM (North Mountain) Prohibited Prohibited Prohibited
Historic Distrid"} CUP Prohibited Prohibited
A-I (Airport Overlay) CUP CUP CUP
HC (Health Care) CUP Prohibited Prohibited
CM-NC CUP CUP CUP
CM-OE Site Review Site Review CUP
CM-CI Site Review Site Review CUP
CM-MU CUP CUP CUP
CM-OS Prohibited Prohibited Prohibited
Page 7 of 17
SECTION 13. AMC Section 18,84.100 [Manufactured Housing Developments - Special
Conditions] is hereby amended to read as follows:
18.84 Manufactured Housing Developments
18.84.100 Special Conditions.
A. For the mitigation of adverse impacts, the City may impose conditions. Restrictions may
include, but are not limited to, the following:
1. Require view-obscuring shrubbery, walls or fences.
2. Require retention of specified trees, rocks, water ponds or courses, or other natural
features.
B. No manufactured housing developments may be located within the Ashland Historic District.
C. No manufactured housing developments may be located, relocated, or increased in size or
number of units. within any zones designated for commercial use -- C-l, C-l-D, E-l, CM
or M-l.
SECTION 14. AMC Section 18.88.070 [Performance Standards Options - Setbacks] is hereby
amended to read as follows:
18.88 Performance Standards Options
18.88.070 Setbacks.
A. Front yard setbacks shall follow the requirements of the underlying district.
B. Setbacks along the perimeter of the development shall have the same setbacks as required in
the parent zone.
C. Maximum heights shall be the same as required in the parent zone.
D. One-half of the building height at the wall closest to the adjacent building shall be required as ,
the minimum width between buildings, except within non-residential zonin!! districts
includin!! C-l, C-I-D. E-I. CM. and M-l.
E. Solar Access Setback. Solar access shall be provided as required in Section 18.68 18.70
except within the C-I-D and CM zonin!! districts.
F. Any single-family structure not shown on the plan must meet the setback requirements
established in the building envelope on the outline plan.
SECTION 15. AMC Section 18.88.080 [Performance Standards Options - P-Overlay Zone] is
hereby amended to read as follows:
18.88 Performance Standards Options
18.88.080
P-Overlay Zone.
A. The purpose of the P-overlay zone is to distinguish between those areas which have been
largely developed under the subdivision code, and those areas which, due to the undeveloped
Page 8 of17
nature of the property, topography, vegetation, or natural hazards, are more suitable for
development under Performance Standards.
B. All developments, other than partitionings, which involve the division of land, or
development of individual living units, in the P-overlay areas, shall be processed under this
Chapter of the Land Use Ordinance. The minimum number of dwelling units' for a
Performance Standards Subdivision within residential zoninl! districts shall be three.
C. In a P-overlay area, the granting of the application shall be considered an outright permitted
use, subject to review by the Commission for compliance with the standards set forth in this
Ordinance and the guidelines adopted by the Council.
D. If a parcel is not in a P-overlay area, then development under this Chapter may only be
approved if one or more of the following conditions exist:
I. The parcel is larger than two acres and is greater than 200 feet in average width; or
2. That development under this Chapter is necessary to protect the environment and the
neighborhood from degradation which would occur from development to the maximum
density allowed under subdivision standards, or would be equal in its aesthetic and
environmental impact; or
3. The property is zoned R-2. ef R-3, or CM.
SECTION 16. AMC Section 18.92.020.B. [Off-Street Parking - Automobile Parking Spaces
Required- Commercial Uses] is hereby amended to read as follows:
18.92 Off-Street Parking .
18.92,020
Automobile Parking Spaces Requirefi
B. Commercial Uses. For commercial uses the following automobile parking spaces are
required.
I. Auto, boat or trailer sales, retail nurseries and other open-space uses.
One space per 1,000 square feet of the first 10,000 square feet of gross land area; plus
one space per 5,000 square feet for the excess over 10,000 square feet of gross land area;
and one per two employees.
2. Bowling Alleys.
Three spaces per alley, plus additional spaces for auxiliary activities set forth in this
section. '
3. Business. general retail, person services.
General - one space for 350 square feet of gross floor area. Furniture and appliances - one
space per 750 square feet of gross floor area.
4. Chapels and mortuaries,
One space per four fixed seats in the main chapel.
5. Offices.
Medical and dental - one space per 350 square feet of gross floor area. General - one
space per~ 500 square feet of gross floor area.
6. Restaurants, bars, ice cream parlors and similar uses.
One space per four seats or one space per 100 sq. ft. of gross leasable floor area,
whichever is less.
7, Skating rinks.
Page 9 of 17
One space per 350 sq. ft. of gross building area.
8. Theaters, auditoriums, stadiums, gymnasiums and similar uses.
One space per four seats.
SECTION 17. AMC Section 18.92.020.C. [Off-Street Parking - Automobile Parking Spaces
Required- Industrial Uses] is hereby amended to read as follows:
18.92 Off-Street Parking
18.92.020
Automobile Parking Spaces Required
C. Industrial Uses. For industrial uses the following automobile parking spaces are required,
1. Industrial uses, exeept warehousin~.
One space per two employees on the largest shift or for each 700 slluare feet of gross
Door area, whichcyer is less, plus one space per company yehiele.
;l.-Industrial and Warehousing uses.
One space per 1,000 square feet of gross floor area or for each two employees, whichever
is greater less, plus one space per company vehicle.
3.2. Public utilities (gas, water, telephone, etc.), not including business offices.
One space pei two employees on the largest shift, plus one space per company vehicle; a
minimum oftwo spaces is required.
SECTION 18. AMC Section 18.96.090. [Sign Regulations - Commercial, Industrial and
Employment Districts] is hereby amended to read as follows:
18.96 Sign Regulations
18.96.090
Commercial, Industrial and Employment Districts.
Signs in commercial, industrial>.. -llIKI-employment, and Croman Mill districts, excepting the
Downtown-Commercial Overlay District and the Freeway Overlay District, shall conform to the
following regulations:
A. Special Provisions.
1. Frontage. The number and use of signs allowed by virtue of a given business
frontage shall be placed only upon such business frontage.
2. Aggregate number of signs. The aggregate number of signs for each business
shall be two signs for each business frontage.
3. Aggregate area of signs. The aggregate area of all signs established by and
located on a given street frontage, shall not exceed an area equal to one square
foot of sign area for each lineal foot of street frontage. Aggregate area shall not
include nameplates, and temporary real estate and construction signs.
Page 10 of 17
B. Types of Signs Permitted.
1. Wall Signs.
a. Number. Two signs per building frontage shall be permitted for each
business, or one sign per frontage for a group of businesses occupying a
single common space or suite,
b. Area. Buildings with two or fewer business frontages shall be permitted
one square foot of sign area for each lineal foot of business frontage. For
the third and subsequent business frontages on a single building, the
business shall be permitted one square foot of sign area for every two
lineal feet of business frontage. The maximum sign area on any single
business frontage shall not exceed sixty (60) square feet.
Business frontages of three or more, on a single building, shall comply
with the following criteria established within the City's Site Design and
Use Standards:
i, A pedestrian entrance designed to be attractive and
functional, and open to the public during all business hours
ii. The pedestrian entrance shall be accessed from a
walkway connected to a public sidewalk.
c. Proiection. Except for marquee or awning signs, a projecting sign may
project a maximum of two feet from the face of the building to which they
are attached, provided the lowest portion of the sign is at least eight feet
above grade. Any portion lower than eight feet can only project four
inches.
d. Extension above roof line. Signs may not project above the roof or eave
line of the building.
2. Ground Signs.
a. Number. One sign shall be permitted for each lot with a street frontage
in excess of fifty lineal feet. Comer lots can count both street frontages in
determining the lineal feet of the street frontage but only one ground sign
is permitted on comer lots. Two or more parcels of less than fifty feet may
be combined for purposes of meeting the foregoing standard.
b. Area. Signs shall not exceed an area of one square foot for each two
lineal feet of street frontage, with a maximum area of sixty square feet per
Sign.
Page 11 of 17
c. Placement. Signs shall be placed so that no sign or portion thereof shall
extend beyond any property line of the premises on which such sign is
located. Signs on comer properties shall also comply with the vision
clearance provisions of Section 18.96.060(F).
d, Height. No ground sign shall be in excess of five feet above grade.
3. Awning or Marquee Signs.
a. Number. Two signs shall be permitted for each business frontage in lieu
of wall signs.
b. Area. Signs shall not exceed the permitted aggregate sign area not taken
up by a wall sign.
c. Projection. Signs may not project beyond the face ofthe marquee if
suspended, or above or below the face of the marquee if attached to and
parallel to the face of the marquee.
, d. Height. Signs shall have a maximum face height of nine inches if
attached to the marquee.
e. Clearance above grade. The lowest portion of a sign attached to a
marquee shall not be less than seven feet, six inches above grade.
f. Signs painted on a marquee. Signs can be painted on the marquee in lieu
of wall sign provided the signs do not exceed the permitted aggregate sign
area not taken up by wall signs.
4. Portable Business Signs
a. Number. One portable business sign, limited to sandwich boards,
pedestal signs, ' A' frame signs, flags, and wind signs, shall be allowed on
each lot excepting that buildings, businesses, shopping centers, and
business complexes with permanent ground signs shall not be permitted to
have portable signs.
b. Area. Sign area shall be deducted from the aggregate sign allowed for
exempt incidental signs established in 18.96.030(H). Signs shall not
exceed an area offour (4) square feet per face including any border or
trim, and there shall be no more than two (2) faces.
c. Height. Sandwich board signs and' A' frame signs shall not extend
more than three (3) feet above the ground on which it is placed. Pedestal
signs shall not extend more than four (4) feet above the ground on which it
Page 12 of17
is placed. A freestanding wind sign shall not extend more than five (5) feet
above the ground on which it is placed.
d. Placement. Signs shall be placed so that no sign or portion thereof shall
extend beyond any property line of the premises on which such sign is
located., Portable signs shall be located within ten feet of the business
entrance and shall not be placed on public right-of-way. No portable
business sign shall be constructed and placed so as to interfere with
pedestrian ingress and egress as regulated within the Ashland Municipal
Code.
e. General Limitations. Signs shall be anchored, supported, or designed as
to prevent tipping over, which reasonably prevents the possibility of signs
becoming hazards to public health and safety. Signs shall not be
constructed of plastic, illuminated or contain any electrical component. No
objects shall be attached to a portable sign such as but not limited to
balloons, banners, merchandise, and electrical devices. Portable business
signs shall be removed at the daily close of business. These signs are
prohibited while the business is closed.
5. Three-Dimensional Signs.
a. Number. One three-dimensional sign shall be permitted for each lot in
lieu of one three square foot incidental sign otherwise allowed per
18.96.030H.
b. Surface Area. Flat surfaces in excess of two square feet shall count
toward the total aggregate sign area per l8.96.090(A) 4.
c. Placement. The three-dimensional sign shall be located so that no sign
or portion thereof is within a public pedestrian easement or extends
beyond any property line of the premises on which such sign is located
into the public right-of-way unless the sign is attached to the face of the
building and located eight feet above grade, or the sign is attached to a
marquee with the lowest portion of the sign not less than seven feet, six
inches above grade not projecting beyond, or above, the face of the
marquee,
d. Dimensions. No three-dimensional sign shall have a height, width, or
depth in excess of three feet.
e, Volume. The volume of the three-dimensional sign shall be calculated
as the entire volume within a rectangular cube enclosing the extreme
limits of all parts of the sign and shall not exceed three (3) cubic feet. For
the purposes of calculating volume the minimum dimension for height,
width, or depth shall be considered one foot.
Page 13 of 17
f. Materials. The three-dimensional signs shall be constructed of metal,
wood, bronze, concrete, stone, glass, clay, fiberglass, or other durable
material, all of which are treated to prevent corrosion or reflective glare.
Three dimensional signs shall not be constructed of plastic, Three
dimensional signs shall not be internally illuminated or contain any
electrical component.
SECTION 19. AMC Section 18.104.020. [Conditional Use Permits - Definitions] is hereby
amended to read as follows:
18.104 Conditional Use Permits
18.104.20
Definitions.
The following are definitions for use in this chapter.
A. ,"Impact Area" - That area which is immediately surrounding a use, and which may be
impacted by it. All land which is within the applicable notice area for a use is included in the
impact area, In addition, any lot beyond the notice area, if the hearing authority finds that it
may be materially affected by the proposed use, is also included in the impact area,
B, "Target Use" - The basic permitted use in the zone, as defined below. 1. 'VR (WoodlRnd
Residential) Rnd RR (Rural Residential) zones:
I. WR (Woodland Residential) and RR (Rural Residential) zones: Residential use
complying with all ordinance requirements, developed at the density permitted by Section
18.88.040.
2. R-I (Single Family Residential) zones: Residential use complying with all ordinance
requirements, developed at the density permitted by Section 18.88.040.
3. R-2 and R-3 Zones: Residential use complying with all ordinance requirements,
developed at the density permitted by the zone.
4. C-1. The general retail commercial uses listed in 18.32.020 B., developed at an intensity
of .35 gross floor to area ratio, complying with all ordinance requirements.
5. C-ID. The general retail commercial uses listed in 18.32.020 B., developed at an
intensity of 1.00 gross floor to area ratio, complying with all ordinance requirements.
6. E-1. The general office uses listed in 18.40.020 A., developed at an intensity of .35 gross
floor to area ratio, complying with all ordinance requirements.
7. M-1. The general light industrial uses listed in 18.40.020 E" complying with all
ordinance requirements.
8. SO. Educational uses at the college level, complying with all ordinance requirements,
9. CM-CI. The l!eneral Iil!ht industrial uses listed in 18.53.050 A.. developed at an
intensity of .50 l!ross floor to area ratio, complvinl! with all ordinance requirements.
10. CM-OK The l!eneral office uses listed in 18.53.050 A., developed at an intensity of
.60 l!ross floor to area, complvinl! with all ordinance requirements.
11. CM-MU. The l!eneral office uses listed in 18.53.050 A.. developed at an intensity of
.60 l!ross floor to area, complvinl! with all ordinance requirements.
Page 14 of 17
12. CM-NC. The retail commercial uses listed in 18.53.050 A., developed at an intensitv
of .60 eross floor to area ratio, complvine with all ordinance requirements.
SECTION 20. AMC Section 18.106.030.H. [Annexations - Approval Standards] is hereby
amended to read as follows:
18.106 Annexations
18.106.030 Approval Standards
H. One or more of the following standards are met:
I. The proposed area for annexation is to be residentially zoned, and there is less than a
five-year supply of vacant and redevelopable land in the proposed land use
classification within the current city limits. "Redevelopable land" means land zoned
for residential use on which development has already occurred but on which, due to
present or expected market forces, there exists the likelihood that existing
development will be converted to more intensive residential uses during the planning
period. The five-year supply shall be determined from vacant and redevelopable land
inventories and by the methodology for land need projections from the Housing
Element of the Comprehensive Plan; or
2. The proposed lot or lots will be zoned CM, E-I or C-I under the Comprehensive
Plan, and that the applicant will obtain Site Review approval for an outright
permitied use, or special permitted use concurrent with the annexation request; or
3. A current or probable public health hazard exists due to lack of full City sanitary
sewer or water services; or
4. Existing development in the proposed annexation has inadequate water or sanitary
sewer service; or the service will become inadequate within one year; or
5. The area proposed for annexation has existing City of Ashland water or sanitary
, sewer service extended, connected, and in use, and a signed "consent to annexation"
agreement has been filed and accepted by the City of Ashland; or
6. The lot or lots proposed for annexation are an "island" completely surrounded by
lands within the city limits.
SECTION 21. AMC Section 18.108.017.C. [Procedures - Applications] is hereby added to
read as follows:
18.108 Procedures
18.108.017 Applications
C. Prioritv plannine action processine for LEED@ certified buildiiIes.
1. New buildines and existine buildines whose repair, alteration or rehabilitation
costs exceed fiftv percent of their replacement costs, that will be pursuine
certification under the Leadership in Enerev and Environmental Desien Green
Page15of17
Buildin!!: Ratin!!: System (LEED@) of the United States Green Buildin!!: Council
shall received top priority in the process in!!: of plannin!!: actions.
2. Applicants wish in!!: to receive priority plannin!!: action processin!!: shall provide
the followin!!: documentation with the application demonstratin!!: the completion
of the followin!!: steps in the workin!!: towards LEED@ certification.
a. Hirin!!: and retainin!!: a LEED@ Accredited Professional as part of the
proiect team throu!!:hout desi!!:n and construction of the proiect.
b. The LEED@ checklist indicatin!!: the credits that will be pursued.
SECTION 22. AMC Section 18.108.040.A. [Procedures - Type I Procedure] is hereby added
to read as follows:
18.108.040 Type I Procedure.
A. Actions Included, The following planning actions shall be subject to the Type I Procedure:
1. Site Design Review. The following developments that are subject to the Site Design
Review Standards outlined in 18.72 shall follow the Type I permit procedures.
a. Downtown Design Standards Zone. Any development which is less than 2,500
square feet or ten percent of the building's square footage, whichever is less.
b. Detail Site Review. Any development in the Detail Site Review Zone, as defined in
the Site Review Standards adopted pursuant Chapter 18.72, which is less than 10,000
square feet in gross floor area.
c. Commercial, Industrial and Non-residential Uses
i. All new structures, additions or expansions in C-I, E-I, HC and M zones, not
within the Downtown Design Standards zone, that do not require new building
area in excess of 20% of an existing building' s square footage or 10,000 square
feet of gross floor area, whichever is less.
ii. All new structures or additions less than 15,000 square feet of !!:ross floor area
in the CM zonin!!: district.
ii!- Expansion of impervious surface area in excess of 10% of the area of the site or
1,000 square feet, whichever is less
Hiiv.Expansion of parking lots, relocation of parking spaces on a site, or other changes
which alters circulation affecting adjacent property or public right-of-way.
wr. Any change of occupancy from a less intensive to a more intensive occupancy, as
defined in the City building code, or any change in use which requires a greater
number of parking spaces.
v!- Any change in use of a lot from one general use category to another general use
category, e.g., from residential to commercial, as defined by the zoning
regulations of this Code,
vi!. Any exterior change to a structure which requires a building permit and is listed
on the National Register of Historic Places or to a contributing property within a
'Historic District on the National Register of Historic Places.
d. Residential
i. Two or more residential units on a single lot.
11. All new structures or additions less than 10,000 square feet of gross floor area,
other than single-family homes or accessory uses on individual lots
Page 160f17
iii. Construction of attached single-family housing (e.g. town homes, condominiums,
... row houses, etc) in all zoning districts.
iv. Off-street parking or landscaping, in conjunction with an approved Performance
Standards Subdivision required by ordinance and not located within the
boundaries of the individual unit parcel (e.g. shared parking).
v. Any exterior change to a structure which requires a building permit and is listed
on the National Register of Historic Places.
SECTION 23. Severability. The sections, subsections, paragraphs and clauses ofthis ordinance
are severable, The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 24. Codification. Provisions of this Ordinance shall be incorporated in the City
Code and the word "ordinance" may be changed to "code", "article", "section", or another word,
and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any
Whereas clauses and boilerplate provisions, and text descriptions of amendments (i.e. Sections I,
22-23) need not be codified and the City Recorder is authorized to correct any cross-references
and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the _ day of ,2010,
and duly PASSED and ADOPTED this _ day of ,2010.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2010.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Page 17 of 17
ORDINANCE NO.
AN ORDINANCE AMENDING THE CITY OF ASHLAND COMPREHENSIVE PLAN
TO CHANGE THE LAND USE MAP DESIGNATION OF APPROXIMATELY 99
ACRES OF LAND WITHIN THE CITY OF ASHLAND URBAN GROWTH
BOUNDARY FROM INDUSTRIAL, EMPLOYMENT, SINGLE-FAMILY
RESIDENTIAL AND RURAL RESIDENTIAL (JACKSON COUNTY) TO THE NEWLY
CREATED CROMAN MILL PLAN DESIGNATION; AMENDING THE CITY OF
ASHLAND ZONING AND LAND USE CONTROL MAPS, TO REZONE
APPROXIMATELY 78 ACRES OF LAND WITHIN THE CITY LIMITS FROM M-I, E-
I, AND R-I-S DISTRICTS TO THE NEWLY CREATED CROMAN MILL ZONE; AND
IMPOSING FIVE CROMAN MILL OVERLAY DISTRICTS ON THE CROMAN MILL
ZONED PROPERTIES, INCLUDING COMPATABLE INDUSTRIAL, CM-CI, OFFICE
EMPLOYMENT, CM-OE, MIXED USE, CM-MU, OPEN SPACE, CM-OS, AND
NEIGHBORHOOD CENTER, CM-NC.
Annotated to show deletions and additions to the code sections being modified. Deletions are
bold liRed through and additions are in bold underline.
WHEREAS, Article 2. Section I of the Ashland City Charter provides:
Powers of the Citv The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession.
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. City of
Beaverton v. International Ass'n of Firefighters, Local 1660, Beaverton Shop 20 Or. App. 293;
531 P 2d 730, 734 (1975); and
WHEREAS, the City of Ashland Planning Commission considered the above-referenced
recommended amendments to the Ashland Comprehensive Plan Map and Ashland Zoning Map
at a duly advertised public hearing on January 12, 2010 and subsequent public hearing
continuance dates, and on February 23,2010, following deliberations, recommended approval of
the amendments by a vote of6-2; and
WHEREAS, the City Council of the City of Ashland conducted a duly advertised public hearing
on the above-referenced amendments on April 6, 2010 and on subsequent public hearing
continuance dates; and
WHEREAS, the City Council of the City of Ashland, following the close of the public hearing
and record, deliberated and conducted first and second readings approving adoption of the
Ordinance in accordance with Article 10 of the Ashland City Charter; and
Page I of3
WHEREAS, the City Council of the City of Ashland has determined that in order to protect and
benefit the health, safety and welfare of existing and future residents of the City, it is necessary
to amend the Ashland Comprehensive Plan and Zoning Map in manner proposed, that an
adequate factual base exists for the amendments, the amendments are consistent with the
comprehensive plan and that such amendments are fully supported by the record of this
proceeding.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The above recitations are true and correct and are incorporated herein by this
reference.
SECTION 2. The officially adopted City of Ashland Comprehensive Plan Map, adopted and
referenced in Ashland Comprehensive Plan Chapter II [PLAN MAP 2.03.04] is hereby amended
to change the Comprehensive Plan map designation of approximately 99.6 acres of land inside
the urban growth boundary from Industrial, Employment, Single Family Residential, and Rural
Residential (Jackson County), to the Croman Mill Plan designation, said amendment is reflected
on the revised adopted Comprehensive Plan Map, attached hereto as Exhibit A, and made a part
hereof by this reference.
/
SECTION 3. The officially adopted City of Ashland Zoning and Land Use Control Maps,
adopted and incorporated by Ashland Municipal Code Section 18.12.030, are hereby amended to
change the zoning designation of approximately 68.66 acres of land within the City limits of the
City of Ashland, from M-l, E-l and R-I-5, to the Croman Mill Zone designation, said
amendment is reflected on the revised Zoning and Land Use Control Maps, attached hereto as
Exhibit B, and made a part hereof by this reference.
SECTION 4. The officially adopted City of Ashland Zoning and Land Use Control Maps,
adopted and incorporated by Ashland Municipal Code Section 18.12,030, are hereby amended to
impose the Croman Mill Compatible Industrial [CM-CI] overlay zoning designation on
approximately 22.97 acres ofland in the Croman Mill Zone within the City limits of the City of
Ashland, said overlay amendment is reflected on the revised Zoning and Land Use Control
Maps, attached hereto as Exhibit C, and made a part hereofby this reference.
SECTION 5. The officially adopted City of Ashland Zoning and Land Use Control Maps,
adopted and incorporated by Ashland Municipal Code Section 18.12.030, are hereby amended to
impose the Croman Mill Office Employment [CM-OE] overlay zoning designation on
approximately 29.44 acres ofland in the Croman Mill Zone within the City limits of the City of
Ashland, said overlay amendment is reflected on the revised Zoning and Land Use Control
Maps, attached hereto as Exhibit C, and made a part hereof by this reference.
SECTION 6. The officially adopted City of Ashland Zoning and Land Use Control Maps,
adopted and incorporated by Ashland Municipal Code Section 18.12.030, are hereby amended to
impose the Croman Mill Mixed Use [CM-MU] overlay zoning designation on approximately
4.39 acres ofland in the Croman Mill Zone within the City limits of the City of Ashland, said
Page 2 of3
"
overlay amendment is reflected on the revised Zoning and Land Use Control Maps, attached
hereto as Exhibit C, and made a part hereof by this reference.
SECTION 7. The officially adopted City of Ashland Zoning and Land Use Control Maps,
adopted and incorporated by Ashland Municipal Code Section 18.12.030, are hereby amended to
impose the Croman Mill Neighborhood Center [CM-NC] overlay zoning designation on
approximately 5.82 acres ofland in the Croman Mill Zone within the City limits of the City of
Ashland, said overlay amendment is reflected on the revised Zoning and Land Use Control
Maps, attached hereto as Exhibit C, and made a part hereof by this reference.
SECTION 8. The officially adopted City of Ashland Zoning and Land Use Control Maps,
adopted and incorporated by Ashland Municipal Code Section 18.12.030, are hereby amended to
impose the Croman Mill Open Space [CM-OS] overlay zoning designation on approximately
6.04 acres of land in the Croman Mill Zone within the City limits of the City of Ashland, said
overlay amendment is reflected on the revised Zoning and Land Use Control Maps, attached
hereto as Exhibit C, and made a part hereof by this reference.
SECTION 9. Severability. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity ofthe remaining sections, subsections, paragraphs and clauses.
SECTION 10. Codification. Provisions of this Ordinance shall be incorporated in the City
Comprehensive Plan and the word "ordinance" may be changed to "code", "article", "section",
or another word, and the sections of this Ordinance' may be renumbered, or re-lettered, and
amendments - including map amendments, combined, provided however that any Whereas
clauses and boilerplate provisions and text descriptions of the map amendments (i.e. Sections I,
2-8, 9-10) need not be codified and the City Recorder is authorized to correct any cross-
references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the _ day of ,2010,
and duly PASSED and ADOPTED this _ day of ,2010.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2010.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Page 3 of3
Comprensive Plan Designations
_ Commercial _ High Density Residential
o Downtown _ Suburban Residential
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_ Industrial ~ North Mountain Aan
o Health Care _ Airport
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ORDINANCE NO.
AN ORDINANCE AMENDING AMC CHAPTER 15 TO CREATE LEED.
CERTIFIED BUILDING PRIORITY
Annotated to show aeletioRs and additions to the code sections being modified, Deletions are
bold" ~ and additions are bold underlined,
WHEREAS, Article 2, Section I of the Ashland City Charter provides:
Powers of the Citv The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted, All the authority thereof shall
have perpetual succession;
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities, Citv of
Beaverton v,lntemational Ass'n of Firefighters. Local 1660. Beaverton Shop. 20 Or. App, 293,
531 P 2d 730, 734 (1975);
WHEREAS, as part of the discussion of the Croman Mill Site Redevelopment Plan, incentives
to "green building;" were proposed for Council consideration; and
WHEREAS, the City would like to prioritize LEED certified building permit applications as an
incentive to "green building;" and
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS;
SECTION 1. A new AMC Section 15,04,092 is hereby added to read as follows:
15.04.092
Buildinl! Permits - LEED Certified Priority Plan Check
1.New buildinl!s and existinl! buildinl!s whose repair. alteration or rehabilitation
costs exceed fifty percent of their replacement costs. that will be pursuinl!
certification under the Leadership in Enerl!V and Environmental Desil!n Green
Buildin!! Ratin!! System (LEED) of the United States Green Buildinl! Council shall
received top priority in the plan check processinl!.
2. Applicants wishinl! to receive priority plan check processinl! shall provide the
followinl! documentation with the bnildinl! permit submittals demonstratinl! the
completion of the followinl! steps in the workinl! towards LEED certification.
a. Hirinl! and retaininl! a LEED Accredited Professional as part of the proiect
team throul!hout desil!n and construction of the proiect.
Page 1 of2
b. The LEED checklist indicatinl! the credits that will be pursued. Buildinl!
permit submittals must c1earlv specify the materials, systems and stratel!ies
they will use to achieve the credits in the plans submitted to the City of plan
check approval.
3. A final report shall be prepared bv the LEED Accredited Professional and
presented to the City upon completion of the proiect verifvinl! that the proiect has
met, or exceeded, the LEED standard.
SECTION 2. Severability, The sections, subsections, paragraphs and clauses of this ordinance
are severable, The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses,
SECTION 3. Savinl!s, Notwithstanding this amendment/repeal, the City ordinances in
existence at the time any criminal or civil enforcement actions were commenced, shall remain
valid and in full force and effect for purposes of all cases filed or commenced during the times
said ordinance(s) or portions thereof were operative. This section simply clarifies the existing
situation that nothing in this Ordinance affects the validity of prosecutions commenced and
continued under the laws in effect at the time the matters were originally filed,
SECTION 4. Codification, Provisions of this Ordinance shall be incorporated in the City Code
and the word "ordinance" may be changed to "code" ,,"article", "section", "chapter" or another
word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however
that any Whereas clauses and boilerplate provisions (i,e, Sections 2-4) need not be codified and
the City Recorder is authorized to correct any cross-references and any typographical errors,
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the _ day of ,2010
and duly PASSED and ADOPTED this _ day of ,2010,
Barbara M, Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2010,
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Page 2 of2
BEFORE THE CITY COUNCIL ,
CITY OF ASHLAND, JACKSON COUNTY, OREGON
August 17, 2010
In the Matter of Amendments to the City of Ashland
Comprehensive Plan, Zoning Map and Land Use
Regulations Concerning the Addition of Chapter 18.53
Croman Mill and associated amendments, including six
Ordinances implementing the Plan
I
)
, ) FINDINGS OF FACT AND
) CONCLUSIONS OF LAW
)
)
PURPOSE:
Implement the Croman Mill Site Redevelopment Plan, December 2008,
Implementation is achieved by six distinct ordinances: The first Ordinance amends tlie
Comprehensive Plan to add Croman Mill land use text in Chapter 2 and on the Map
Legend, but not to any particular property, This ordinance also adopts the supporting
documents (i,e, Croman Study with staff modifications), as a support document to the
Comprehensive Plan as well as adopts the Economic Opportunities analysis as support
documents to the Comprehensive Plan, The second ordinance amends the Zoning Code to
add Croman Mill District 18.53 and Zoning overlays as implementing regulations for the
land use designation. Ordinances 3 and 4 amend the Site Design and Use Standards and
other Development Code Sections to create specific standards for Croman Mill and for
amendments for internal consistency, respectively, After establishing this framework the
new comprehensive plan and zoning and overlays are applied to specific properties in
Ordinance 5, Ordinance 6 creates priority for LEED buildings,
PUBLIC HEARINGS:
On December 21,2009, a notice of the Planning Commission and City Council Public
Hearings was sent by first class mail to approximately 255 owners of properties located in
and within 200 feet of the proposed Croman Mill District boundary. Additionally, on
December 21 and 23, 2009, 40 notices were sent to owners of properties that may have the
use ofthe property impacted by the proposed rules in accordance with ORS 227.186, In
addition to the required notice information in Ashland Land Use Ordinance (ALUO)
18,108,080 and ORS 227,186, the notices included the project web page address, The
project web page includes the proposed Comprehensive Plan, map and ordinance
amendments as well as information on the redevelopment planning and public process
which resulted in the Croman Mill Site Redevelopment Plan (December 2008), The web
page has been updated throughout the public workshop and hearing process with meeting
materials as well as the record, Notice was published in The Ashland Daily Tidings on
December 31, 2009 prior to the Planning Commission public hearing and on March 24,
2010 prior to the City Council public hearing, Notice was also sent to the Department of
<>
Land Conservation and Development on October 6, 2009,
Findings ofFac! and Conclusions of Law
Page 1
A Public Hearing was held at the Planning Commission on January 12, 2010 and continued
to February 9 and February 23, A Public Hearing was held at the City Council on April 6,
2010 and continued to May 4, May 26, June I, June 15, June 29 and August 3,
REVIEW CRITERIA
The decision of the City Council together with the recommendation by the Planning
Commission was based on consideration and findings of consistency with the following
factors,
A. Consistency with City of Ashland Approval Criteria for Zone Changes, Zoning
Map Amendments and Comprehensive Plan Map Changes, ALVO 18,108,060,B
B. Consistency with City of Ashland Comprehensive Plan
C. Consistency with Oregon land use laws and regulations including specifically
Oregon Statewide Planning Goal 9 as implemented by OAR Chapter 660, Division
9
D, Consistency with Oregon land use laws and regulations including specifically
Oregon Statewide Planning Goal 12 as implemented by OAR Chapter 660,
Division 12
EVALUATION AND COUNCIL FINDINGS:
A. Consistency with City of Ashland Approval Criteria for Zone Changes, Zoning Map
Amendments and Comprehensive Plan Map Changes, ALVO 108. 108. 060.B
ALVO I8.I08.060.B
1. Zone changes, zoning map amendments and comprehensive plan map changes subject
to the Type III procedure as described in subsection A of this section may be approved if
in compliance with the comprehensive plan and the application demonstrates that one
or more of the following:
a. The change implements a public need, other than the provision of affordable
housing, supported by the Comprehensive Plan; or
b. A substantial change in circumstances has occurred since the existing zoning or
Plan designation was proposed, necessitating the need to adjust to the changed
circumstances; or
c. Circumstances relating to the general public welfare exist that require such an
action; or
d. Proposed increases in residential zoning density resulting from a change from one
zoning district to another zoning district, will provide 25% of the proposed base
density as affordable housing consistent with the approval stqndards set forth in
I8.I06.030(G);or
e. Increases in residential zoning density of four units or greater on commercial,
employment or industrial zoned lands (i.e. Residential Overlay), will not negatively
impact the City of Ashland's commercial and industrial land supply as required in
Findings of Fac! and Conclusions of Law
Page 2
the Comprehensive Plan, and will provide 25% of the proposed base density as
affordable housing consistent with the approval.standards setforlh in 18,] 06.030(G)
The total number of affordable units described in sections D or E shall be
determined by rounding down fractional answers to the nearest whole unit. A deed
restriction, or similar legal instrument, shall be used to guarantee compliance with
affordable criteria for a period of not less than 60 years. Sections D and E do not
apply to council initiated actions.
The area within the boundary of the proposed Croman Mill District including the
former 64-acre Croman Mill site is primarily zoned M-Ilndustrial, with some
additional areas ofE-1 Employment adjacent to the southern portion of Mistletoe Road
and R-l Single Family on the approximately six-acre ODOT maintenance yard located
on Tolman Creek Road. Additionally, the area adjacent to Siskiyou Boulevard and
Crowson Road is within the Croman Mill District boundary and in the Ashland urban
growth boundary (UGB), but is outside the city limits - this area is designated
Employment in the Ashland Comprehensive Plan and is currently zoned Jackson
County RR-5 Rural ResidentiaL
The Croman Mill District Comprehensive Plan designation map includes
approximately 100 acres, The proposed Croman Mill District includes five zoning
overlays, The bulk of the district is the 64-acre Croman Mill site which would be
divided between CI Compatible Industrial an OE Office Employment Office uses area
focused in the northern half of the district and manufacturing uses are concentrated in
the southern half of the district in an effort to create distinct identities for each area and
to maintain freight rail access to the industrial area,
Croman Mill District
Gross Acreages in UGB
Current
Proposed
Zoning
Overlays
70 30
23.5 29
o 16
o 6
o 10
6.5 0
Total 100 91'
'Approximately 9 acres in the plan area will remain in the
M-1 Industrial designation.
Existing
Comprehensive
Plan
Industrial
Employment
Mixed Use
Neighborhood Center
Open Space
Residential (R-1-5)
The Croman Mill District Zoning Land Use Overlays map includes less acreage
because five tax lots in the city limits totaling approximately 9 acres that are included
in the Croman Mill District Comprehensive Plan designation are not assigned a
Croman Mill District zoning overlay, As a result, the existing M-Ilndustrial zoning
will remain in place for the five tax lots (39IEI4AC, tax lots 1000, 1100, 1200 and
Findings of Fact and Conclusions of Law
Page 3
1900, 391EI4BD tax lot 402), A CM rezone will not be necessary for the M-I retained
properties to develop, however a rezone will be necessary to utilize any of the CM
overlays,
The ODOT maintenance yard at the northwest corner of the plan area would be NC
Neighborhood Commercial, a mixed-use area including small scale neighborhood
commercial uses and residential units, There are two MU Mixed Use areas with one
located between Hamilton Creek and Mistletoe Road and the other surrounding the
south entrance on Siskiyou Boulevard. These areas are intended as transitions from the
existing residential areas to the west and south, and would allow a mix of uses
including office, light manufacturing and residential uses, The residential uses in the
NC Neighborhood Commercial and MU Mixed Use overlays are limited to upper floors
of the buildings, Finally, there is an OS Open Space/Conservation Overlay which
includes the areas along Hamilton Creek, the Central Park, and the pond and creek in
the southeast portion of the district
It is important to note that with the exception of the ODOT maintenance yard property
on Tolman Creek Road, the proposed Comprehensive Plan and Zoning map changes
are not a wholesale change of the plan and zone designations (e.g. a change from an
industrial to a residential designation), Instead, the proposed map amendments are a
redistribution of the uses allowed under the current M-I Industrial zoning, The title of
the M-I Industrial zoning is somewhat misleading because the zoning district allows a
wide range of commercial and employment uses including offices, retail, personal
services, restaurants, nightclubs and bars, theaters, and hotels and motels in addition to
those uses typically associated with industrial areas such as manufacturing, processing,
assembling, mini-warehouses, outside storage of merchandise and raw materials,
junkyard and auto wrecking yards, and concrete or asphalt batch or mixing plants, In
short, the M -I Industrial zoning district includes the uses that are allowed in the C-I
Commercial and E-I Employment zoning districts,
In the proposed Croman Mill District, professional offices are targeted for the OE
Office Employment zone, and manufacturing and assembly is the focus of the CI
Compatible Industrial zone, with provisions to allow for some cross-over
manufacturing and offices associated with the primary use of the zone, Stores,
restaurants and shops of a neighborhood scale are located in the NC Neighborhood, and
allowed throughout the OE Office Employment and CI Compatible Industrial zones at
a more limited scale, The MU Mixed Use areas allow both the office and
manufacturing and assembly uses, With the exception ofthe residential uses allowed
in the MU Mixed Use zoning overlay, the uses included in the Croman Mill District are
allowed under the current M -I Industrial and E-I Employment zoning.
In keeping with the Croman Mill Site Redevelopment Plan (2008) project objectives
and recommendations, land-intensive uses with low employment densities such as
mini-warehouses, junkyard and auto wrecking yards, outdoor storage areas of
unrestricted size, hotels and motels, building material sales yards and equipment
Findings of Fact and Conclusions of Law
Page 4
storage yards are not permitted in the Compatible Industrial (CI) and Office
Employment (OE) overlay zones, Additionally, retail and restaurant uses are limited to
relatively small square footages under the proposed zoning, rather than being
unrestricted in size or scope as is allowed under the current M -1 Industrial and E- I
Employment zoning,
Accordingly, the Croman Mill Project involves comprehensive plan map changes,
zoning map changes and changes to the text of the comprehensive plan and zoning
code implicating. ALVO 18,1 08.060.B as noted above, The changes are a refinement
ofthe existing land use and zoning and not wholesale changes, At least one of the
criterion is demonstrated by the planning action, Specifically, the Council finds the
Comprehensive Plan and Zoning map amendments are necessary to respond to a
substantial change in circumstances that have occurred since the existing plan and
zoning designations were established, A number of factors contributed to the change in
circumstances, and the subsequent master planning of the Croman Mill site including
the evaluation of the current plan and zone designations, discussed below, The changes
are also supported by public need and general welfare considerations as outlined in the
Code,
The Croman Mill Site was established as a lumber and planning mill in 1934, and this
use or a similar sawmill use continued on the site until 1996. The "Industrial"
designation on City maps has been in place at least since 1966, As late as 1980, the
mill was still in full operation with 200 employees working two shifts a day, and it was
the largest private employer in Ashland (Kramer, Historic Overview Study, 'Croman
Mill Study Area', January 10,2008), As the timber industry declined in the 1980's and
1990's, lumber mills throughout Oregon closed as did the Croman Corporation
operation on the Ashland site in 1996, Since the closure of the mill, the property has
remained largely unused except for a temporary asphalt batch plant in 2001, and
storage of used concrete and decommissioned equipment The 2007 Economic
Opportunity Analysis (EOA) raised a concern regarding the broad range of activities
permitted in the M-l, and the compatibility with the site and surrounding uses, As a
result, the EOA recommended preparing a master plan for the site to evaluate
appropriate uses and to incorporate sustainable development concepts, Clearly, the end
of the mill operations after six decades of use and the property being largely unused
and vacant since that time have contributed to the efforts to re-examine the plan area,
In 2001 there was an application to rezone the property for residential purposes, which
the City ultimately denied, Subsequent to the City's decision, the 2007 Economic
Opportunity Analysis (EOA) identified a need to retain existing employment lands,
including the Croman Mill site, within the city limits and VGB to accommodate the
forecasted employment through 2027,
In terms of the trends in industrial uses, Ashland has attracted and is expected to
continue to attract firms in the specialty manufacturing category which tend have a
dedication to environmental issues, sustainable production and concern for the
Findings ofFac! and Conclusions of Law
Page 5
community such as Dagoba Organic Chocolates, Dream Saks and Plexis Healthcare
Systems (Section V: Land Demand and Site Needs in Ashland, EOA, 2007), At the
same time, more traditional heavy industrial uses are not occurring in Ashland, and the
community established Comprehensive Plan policies which discourage industrial uses
that use large amounts of water and/or emit pollutants,
The master planning process was in response to a series of changing circumstances
over a decade, and an effort to find opportunities to create a high quality employment
center, to address development interests and to incorporate the community's values and
goals, The plan area is retained for employment and economic purposes with 59 acres
focused on manufacturing and office uses, 16 acres for mixed use with 100 percent
manufacturing and office uses required on the ground floor, IO acres of open space and
6 acres of neighborhood center with a mix of commercial and residential uses, The
master plan allows more specificity than a standard zoning district for the plan area,
and addresses long-term comti-Junity goals such as creating family wage jobs, having a
well-connected and multi-modal (i,e, pedestrian, bicycles, auto/truck, freight and
transit) transportation system, preserving natural features, creating a built environment
that respects Ashland's character, making desirable public spaces and incorporating
green development standards,
There were a number of issues raised regarding the Comprehensive Plan and Zoning
Map changes and the need for the changes during the public hearings, The City
Council finds and determines that all substantive issues were adequately addressed by
City staff in the numerous staffreports and staff responses, and other materials in the
record, whether such responses were made orally at the hearings or provided in written
form as set forth in the record, All staff reports, staff materials, and other staff
responses are hereby accepted by the City Council and are incorporated herein by this
reference,
The Council finds and determines that the proposed comprehensive plan amendments,
map amendments, zoning amendments and zoning map amendments comply with the
criteria of ALUO 108,108,060,8.
B. Consistency with the Ashland Comprehensive Plan
The Economic Opportunity Analysis (EOA) and Croman Mill Site Redevelopment Plan
(December 2008) are being adopted as a supporting documents to the Ashland
Comprehensive Plan concurrent with and as part of this action on Croman MilL
2, The proposed implementation program is consistent with and adequate to carry out
goals and policies in the Ashland Comprehensive Plan, The Economic Element of the
Ashland Comprehensive Plan was updated in 1991, and includes several goals and policies
that establish the latitude to revise and update employment lands designations, as well as
Findings of Fae! and Conclusions of Law
Page 6
which support the goals and objectives established in the Croman Mill Site Redevelopment
Plan,
Chapter VII The Economy
Goal: To ensure that the local economy increases in its health, and diversifies in the
number, type and size of businesses consistent with the local social needs, public
service capabilities, and the retention of a high quality environment,
Policy 1: The City shall zone and designate within the Plan Map sufficient quantity of
lands for commercial and industrial uses to provide for the employment needs of its
residents and a portion of rural residents consistent with the population for the urban
area,
Policy 2: The City shall design the Land Use Ordinance to provide for:
e) Commercial or employment zones where business and residential uses are mixed.
This is especially appropriate as buffers between residential and employment or
commercial areas, and in the Downtown,
Policy: The City shall develop and implement an economic development program
which will attempt to increase the number, variety and size of retain, service, and light
industrial activity employers in the urban area, with particular emphasis on employers
who pay wages at or above the median County wage and employ from 5 to 100 people,
or who are locally owned. The City shall work with regional economic development
agencies or coordination regional economic development activities,
Policy 4: In accordance with the policies VII-2 and VII-2 above, the City shall take
such actions as are necessary to ensure that economic development can occur in at
timely and efficient manner. Such actions may include the following:
b) Utilization of available grants and loans to finance the extension of public facilities
to lands zoned or plannedfor commercial or industria/use,
c) Inclusion within the Capital Improvement programs facilities improvement which
will help achieve long-range development goals and polices.
Policy 7: The City is clearly unsuitable for the following types of businesses:
a) Businesses which use large amounts of water, especially when Ashland's water
needs peak.
b) Businesses that emit significant amounts of air pollution,
c) Businesses that create toxic wastes that require specialized disposal techniques not
available locally,
d) The City shall include in the Land Use Ordinance specific list of businesses that are
prohibited form operations in the City Limits, or specific performance standards that
would define uses that are unacceptable because they meet one or more of the above
. criteria,
Findings ofFac! and Conclusions of Law
Page 7
The Council finds and determines that the proposed comprehensive plan amendment is
internally consistent with the Comprehensive Plan; the CM zoning district, (Chapter 18.53
Croman Mill), and associated district standards and other ordinances changes are consistent
with and implement applicable Ashland Comprehensive Plan Goals and Policies,
C. Consistency with Oregon land use laws and regulations including specifically Oregon
Statewide Planning Goal 9 as implemented by OAR Chapter 660, Division 9
The City conducted an Economic Opportunity Analysis (EOA) in accordance with OAR
660-009-0015, The EOA was completed in April 2007, and is being adopted as a
supporting document to the Ashland Comprehensive Plan as part of this action,
OAR 660-009-0010(4) requires that post-acknowledgement plan amendments which
change land areas over two acres from "an industrial use designation to a non-industrial use
designation, or an other employment use designation to any other use designation" are
consistent with the most recent economic opportunities analysis and acknowledged
comprehensive plans, Industrial use is defined in OAR 660-009-0005(3) as "means
employment activities generating income from the production, handling or distribution of
goods, Industria) uses include, but are not limited to: manufacturing; assembly; fabrication;
processing; storage; logistics; warehousing; importation; distribution and transshipment;
and research and development Industrial uses may have unique land, infrastructure,
energy, and transportation requirements, Industrial uses may have external impacts on
surrounding uses and may cluster in traditional or new industrial areas where they are
segregated from other non-industrial activities," Other employment use is defined in OAR
660-009-0005(6) as "means all non-industrial employment activities including the widest
range of retail, wholesale, service, non-profit, business headquarters, administrative and
governmental employment activities that are accommodated in retail, office and flexible
building types, Other employment uses also include employment activities of an entity or
organization that serves the medical, educational, social service, recreation and security
needs of the community typically in large buildings or multi-building campuses."
The Croman Mill District includes five zoning overlays - Compatible Industrial (CI),
Office Employment (OE), Mixed Use (MU), Neighborhood Center (NC) and Open Space
(OS), OAR 660-009-0010(4) does not apply to the six acres in the NC overlay because the
current plan designation is Single-Family Residential, and the zoning of this portion of the
plan area is R-I Residential. OAR 660-009-0010(4) potentially applies to the 85 acres
which is currently included in the Industrial plan designation/M-I Industrial zoning district
and the Employment plan designation/E-I Employment zoning district Approximately 59
acres is proposed to be divided between the CI and OE zoning overlays, while 16 acres
would be in the MU overlay and 10 acres would be in OS (see table on page 3),
OAR 660-009-001 0(4) does not clearly apply to the amendments to the City of Ashland
Comprehensive Plan, Zoning Map and Land Use Regulations concerning the addition of
Chapter 18.53 Croman Mill because the existing M-I Industrial and E-I Employment
designations do not satisfY the definition for "industrial uses" or "other employment uses"
Findings ofFac! and Conclusions of Law
Page 8
in OAR 660-009-0005, Chapter 18.52 M-I Industrial District and Chapter 18.40 E-I
Employment Districts permit both "industrial uses" and "other employment uses" as
defined in OAR 660-009-005, Accordingly, the proposed Chapter 18.53 Croman Mill
district also includes "industrial uses" and "other employment uses." Thus, the change in
designations is from a hybrid industrial/employment designation (i,e, M-I and E-I) to a
hybrid industrial/employment designation (i.e, CI, OE and MU). A more detailed
explanation of the change in designations by acreage follows,
Approximately 70 acres ofM-1 Industrial zoned land is in the Croman Mill Plan
designation, and 61 of those acres are proposed to be changed to Compatible Industrial
(CI), Office Employment (OE) and Mixed Use (MU), In accordance with ALUO Chapter
18,52 M-I Industrial.District, permitted uses include "industrial uses" such as
manufacturing, processing, assembling, research, wholesale or storage uses, as well as '
"other employment uses" including offices, retail, restaurants, theaters, hotels and motels,
nightclubs and bars,
Approximately 23,5 acres ofE-1 Industrial zoned land is in the Croman Mill Plan area, and
is proposed to be changed to CI, OE and MU, In accordance with ALUO Chapter 18.40 E-
I Employment District, permitted uses include "industrial uses" such as light
manufacturing, manufacture of electric, electronic or optical instruments and devices,
research establishments and manufacture of pharmaceutical and similar items, as well as
"other employment uses" including offices, retail and restaurants,
The permitted uses in the CI overlay are focused on "industrial uses," The CI overlay in
the Croman Mill District permits outright manufacturing, assembly, fabrication and
packaging, and administrative or research and development establishments, As a result,
the land uses in the CI overlay are focused more in the industrial use classification
compared to the permitted uses in the M-I Industrial zoning, Additionally, retail and
restaurants are special permitted uses in the CI overlay, are limited to a maximum of 15%
of the gross floor area, In contrast, retail and restaurants without any size limitations are
permitted uses under the current M-I Industrial zoning. Similarly, offices are limited to 50
percent of the ground floor area in the CI overlay, whereas offices of any size are permitted
uses in the M-I Industrial zoning district
The permitted uses in the OE overlay are focused on professional offices, and
administrative or research and development establishments, As in the CI overlay, retail
and restaurants are special permitted uses limited to a maximum of 15% of the gross floor
area, Additionally, manufacturing, assembly, fabrication or packaging is a special
permitted use that is limited in size to 50 percent of the ground floor area. The MU overlay
allows manufacturing, professional offices and research and development establishments as
permitted uses, Residential uses are special permitte~ uses, and are limited to the upper
floors of buildings, The MU overlay is located on the western and southern periphery of
the plan area, and is intended to provide a transition from the adjacent residential
neighborhoods to the more intense industrial and employment uses in the interior of the
site,
Findings of Fac! and Conclusions of Law
Page 9
Despite that OAR 660-009-0010(4) is not clearly applicable to the amendments to the City
of Ashland Comprehensive Plan, Zoning Map and Land Use Regulations concerning the
addition of Chapter 18.53 Croman Mill, the Council finds that the proposed amendments
are consistent with the most recent EOA. Similarly, the March 31, 2010 letter from John
Renz, Department of Land Conservation and Development states that "the department does
not see any conflict between the proposed Economic Opportunities Analysis (EOA) and the
proposed Croman Mill Site Plan,"
The need to develop a master plan for the Croman Mill site is identified in the EOA, The
EOA recommends that the city "plan for industrial uses that are compatible with the City's
economic development objectives," Additionally, the following excerpts concerning the
Croman Mill site are from the EOA.
"The Croman site is presently zoned M-I: the M-I zone permits a broad range of
industrial activities - some of which, in our opinion, are not compatible with the
site and surrounding uses, The City should considerer preparing a master plan for
the site that evaluates appropriate uses and incorporates sustainable development
concepts, One option is to develop an 'eco-industrial park'" (p II)
"The City should designate at least one site from a master planned industrial park,
The Croman Mill Site is the largest industrial site in Ashland, The site is largely
vacant and is getting pressure for housing and associated retail uses, The
employment forecast, however, is for 600 to 700 industrial jobs, Most of these will
be in specialty manufacturing and other light industries, Ashland will have
difficulty accommodating this employment if it does not have an industrial land
base, The Croman site is approximately 70 acres; it is unlikely that any individual
user would require more than five acres. Many will need less than one acre," (p 5-
12)
The EOA identifies potential growth industries and the characteristics of Ashland that will
affect the types of businesses most likely to locate in the city, The EOA identifies industry
clusters that will likely grow in Ashland including: Accommodations and Food Services;
Retail; Health and Social Assistance; Arts, Entertainment and Recreation; Infonnation;
Professional, Scientific and Technical Services; and Specialty Manufacturing (P5-2), The
high quality of life, and proximity to Interstate 5 and to other cities in Jackson County are
identified as characteristics that will be important in attracting industries (p3-2), The EOA
goes on to identify types of businesses most likely to locate in Ashland based on the
characteristics of the community, and several of these growth industries are addressed by
the Croman Mill plan including: I) professional services that need access to educated
workers (e,g, software, design, engineering, research); 2) small food processing finns,
especially finns specializing in organic or natural foods; and 3) small scale manufacturing
finns with 50 or less employees (e.g, high-tech electronics, recreational equipment,
furniture manufacturing, specialty apparel and other specialty finns) (p 3-2), The Croman
Mill Plan includes an Office Employment (OE) zoning overlay to address professional
Findings of Fac! and Conclusions of Law
Page 10
service uses and a Compatible Industrial (CI) zoning overlay to address small food
processing and small scale manufacturing firms. Additionally, the Croman Mill plan is
designed to provide a high-quality setting by including a walkable employment center with.
opportunities for small-scale restaurants and services serving the work force integrated into
the plan area, as well as a central park and trails, and pedestrian, bike and transit facilities
and connections to and through the development
The EOA includes a list of site needs for firms in the potential growth industries (pp 5-9 -
5-11), Many of the site attributes are standard for employment development including flat
sites, access to roads, and access to fiber optics and telephone, However, several site
attributes are connected to the high quality of life characteristic including pedestrian and
bicycle facilities and land use buffers. Specifically, the report says "The ability for workers
to access amenities and support services such as retail, banking and recreation areas by foot
or bike is increasingly important to employers, particularly those with high-wage
professional jobs, The need for safe and efficient bicycle ad pedestrian networks will
prove their importance overtime as support services and neighborhoods are developed'
adjacent to employment centers." The Croman Mill plan includes a street network and
street design standards which include sidewalks with landscape buffers, and bike lanes on
the primary street to address pedestrian and bike travel throughout the development
Additionally, the Croman Mill plan includes the extension of the Central Ashland Bike
Path adjacent to the railroad right-of-way from Tolman Creek Road to Crowson Road, The
Central Ashland Bike Path is an off-road multi-use path providing pedestrian and bicycle
access in a northwest to southeast direction through Ashland following the railroad right-
of-way, Currently the path is in place from Sixth Street to Tolman Creek Road, and it
provides a quick and safe way to travel, through the city, Finally, a multi-use path is
included in the plan along Hamilton Creek which would provide a north-south connection
from the plan area to Siskiyou Boulevard, as well as a east-west connection to the adjacent
Tolman Creek Road neighborhood,
In regards to land use buffers, the EOA says:
",many Industrial areas have operational characteristics that do not blend as well
with residential land uses as they do with Office and Commercial areas.
Generally, as the function of industrial use intensifies (e.g heavy manufacturing)
so to does the importance of buffering to mitigate impacts of noise, odors, traffic
and 24-hour 7-day week operations, Adequate buffers may consist of vegetation,
landscaped swales, roadways, and public use parks/recreation areas.' Depending
upon the industrial use and site topography, site buffers range from approximately
50 to 100 feet, Selected commercial office, retail, lodging and mixed-use (e,g,
apartments or office over retail) activities are becoming acceptable adjacent uses
to light industrial areas.
The Croman Plan includes two areas designated in the Mixed Use (MU) zoning overlay-
an approximately 4.5 acre area between Mistletoe Road and Hamilton Creek, and the
southern part of the Croman Mill plan area at approximately 11.5 acres situated between
Findings of Fac! and Conclusions of Law
Page 11
the city limits, Siskiyou Boulevard and Crowson Road. The MU zoning overlay allows
office and compatible industrial uses on the ground floor. The upper floors of the buildings
can be used for the office and industrial uses, as well as residential uses, The two MU
areas are intended as transitions from the existing residential areas to the west and south to
the more intense interior of the Croman Mill plan area, The two MU areas are more
physically constrained than the remainder of the plan area because of the presence of creeks
(i.e, Hamilton and Golf Course creeks), wetlands and steeper slopes, This combination the
smaller size parcels and having physical constrained parcels makes the areas to be more
likely to developed with buildings of a smaller footprint and size, The Council finds the
small parcel sizes and physical constrains of the land combined with the proximity to
adjacent residential neighborhoods makes the two MU areas good candidates for land use
buffers as described in the EOA.
The EOA provides a comparison ofland supply and need for Ashland (p 6-1), The City
has 155.1 net acres in the Ashland DGB, and the report identifies a need for 161 net acres
for the twenty year planning period of2006-2027, The Council finds the Croman Mill plan
is consistent with the EOA by retaining non-residentially designated lands in the plan area
in office and light industrial zoning overlay designations for job creation purposes,
Additionally, approximately six acres of residential designated land currently used for the
Oregon Department of Transportation (ODOT) maintenance yard is rezoned in a
Neighborhood Commercial (NC) zoning overlay which provides opportunities for small-
scale commercial uses that could contribute to job creation.
The were issues raised regarding the consistency of the Croman Mill Plan with the EOA
during the public hearings, The City Council finds and determines that all substantive
issues were adequately addressed by City staff in the numerous staff reports and staff
responses, and other materials in the record, whether such responses were made orally at
the hearings or provided in written form as set forth in the record, All staff reports, staff
materials, and other staff responses are hereby accepted by the City Council and are
incorporated herein by this reference,
The Council finds and determines that the proposed amendments are consistent with the
most recent EOA,
D. Consistency with Oregon land use laws and regulations including specifically Oregon
. Statewide Planning GoalI2 as implemented by OAR Chapter 660, Division 12
The Croman Mill plan proposes a redistribution of the permitted industrial (M-I) and
employment (E-I) uses on 85 of the 100 acres in the plan area, Two distinct zones are'
established, one for compatible industrial (CI) uses and another for office (OE) uses,
whereas light industrial and offices are permitted throughout the M-I and E-l zoning
districts currently, The title of the M-I Industrial zoning is somewhat misleading because
the zoning district allows a wide range of commercial and employment uses including
offices, retail, personal services, restaurants, nightclubs and bars, theaters, and hotels and
motels in addition to those uses typically associated with industrial areas such as
Findings of Fact and Conclusions of Law
Page 12
manufacturing, processing, assembling, mini-warehouses, outside storage of merchandise
and raw materials, junkyard and auto wrecking yards, and concrete or asphalt batch or
mixing plants, The E-I Employment zoning district is also a hybrid industrial/other
employment designation in that it allows many of the same uses as the M-l Industrial
district including offices, retail, nightclubs and bars, theaters, and hotels and motels in
addition to light manufacturing uses,
In keeping with the Croman Mill Site Redevelopment Plan (2008) project objectives and
recommendations, land-intensive uses with low employment densities such as mini-
warehouses, junkyard and auto wrecking yards, outdoor storage areas of unrestricted size,
hotels and motels, building material sales yards and equipment storage yards are not
permitted in the proposed Compatible Industrial (CI) and Office Employment(OE) overlay
zones, Additionally, retail and restaurant uses are limited to relatively small square
footages under the proposed zoning, rather than being unrestricted in size or scope as is
allowed under the current M- I Industrial and E-I Employment zoning.
In total, less than 25 percent of the plan area (i,e, 22 of 100 acres) is truly undergoing a
change in the Comprehensive Plan and zoning district designations by increasing or adding
residentially density, The land uses that are different from the Ashland Comprehensive
Plan are the change from a single-family residential designation to the Croman MiIl-
Neighborhood Commercial (NC) designation for the Oregon Department of Transportation
(ODOT) maintenance yard property located at 706 Tolman Creek Road (6 acres), and the
change from employment and industrial designations for the two Mixed Use (MU) areas on
the western and southern perimeters of the plan area (16 acres), The Neighborhood
Commercial (NC) zoning overlay permits neighborhood scale commercial uses and base
densities of30 units per acre, whereas the single-family residential designation is limited to
residential uses at base densities of 4,5 units per acre with schools, parks, home
occupations, churches, hospitals recreational uses and group homes as other allowed uses,
The Mixed Use (MU) zoning overlay allows office and compatible industrial uses, with a
provision for residential units at a base density of IS units per acre on the upper stories of
buildings, The allowance for residential units is MU zoning overlay is the primary change
from the current industrial and employment designations.
Goal 12 is implemented through the Transportation Planning Rule (TPR), as defined in
Oregon Administrative Rule OAR 660-012-0000, et seq, The TPR (OAR 660-012-0060)
states that when land use changes, including amendments to acknowledged comprehensive
plans, significantly affect an existing or planned transportation facility the local
government shall put in place measures to assure that the allowed land uses are consistent
with the identified function, capacity and performance standards (level of service, volume
to capacity ratio, etc,) of the facility,
Accordingly, OAR 660-012-0060 requires local jurisdictions to make an assessment of
transportation impacts when plan and land use regulation amendments are proposed,
While the Croman Mill Plan is far from a wholesale change of the existing Ashland
Comprehensive Plan designations and zoning districts, an assessment of significant affect
Findings ofFac! and Conclusions of Law
Page 13
is included to address the requirements of OAR 660-012-0060, It is important to note that
regardless of whether a master plan is adopted for the Croman Mill site, the build out of the
Croman Mill site under the current zoning requires a significant investment in public
infrastructure to construct the facilities necessary to accommodate future employment in
the area,
Transportation impacts of the redevelopment of the Croman Mill site have been evaluated
and considered since the planning process began in 2008, A transportation analysis report
was completed in January 2,2009 in conjunction with the Croman Mill Site
Redevelopment Plan, and both documents are included in the record, Additionally, key
personnel from local and state transportation agencies such as Oregon Department of
Transportation (ODOT), Rogue Valley Transportation District (RVTD) and Ashland
Public Works Department were involved in key participant meetings for the redevelopment
plan process in January and March 2008, A transportation analysis report was updated in
May 2010 to supplement the original transportation analysis, and is included in the record,
The updated report includes an analysis and traffic projections for Alternative F to reflect
the hybrid industrial and office employment land use pattern that was included in the final
draft of the redevelopment plan, Additionally, the report examines the use of Mistletoe
Road as a permanent main access to the redeveloped site, as well as the impact on future
traffic movement if a street crossing is provided form the plan area to Washington Avenue
to the north,
Based on the potential trip generation of the proposed land uses compared to the approved
land uses, there may be the potential for a significant affect on the surrounding
transportation network. Table I summarizes the potential trip generation for the proposed
redevelopment in comparison to the adopted (No-build) land uses,
Table 1: Trip Generation Comparison of No-build (adopted) and Build (proposed)
Land Uses
AM Peak Hour In 735 1,651
Trips Out 165 285
Total 900 1,936
PM Peak Hour In 180 422
Trips Out 775 1,460
Total 950 1,881
No-Build/Adopted
Build/Proposed
Daily Trips
10,135
12,776
The OAR is directed at maintaining a balance between land uses allowed (or adopted) in a
comprehensive plan and zoning, and the transportation system that supports those land
uses, Where' a proposed change from the adopted comprehensive plan, typically called a
land use amendment, would "significantly affect" an existing or planned transportation
facility, a local government must put in place measures to assure that the land uses being
proposed are consistent with the identified function, capacity and performance standards of
the surrounding transportation network. The planning rule identifies that a "significant
Findings ofFac! and Conclusions of Law
Page 14
affect" would be determined by meeting one of the following three key elements, The
following outlines these key elements and indicates whether the proposed project would
have a significant affect or not
1. Change the functional classification of an existing or planned transportation facility
(exclusive of correction of map errors in an adopted plan).
It is not the intent of the Croman Mill District plan to request the change of any of the
functional classifications on the surrounding roadway network as adopted in the current
Ashland Comprehensive Plan Transportation Element (1996) and Ashland
Transportation System Plan (1998),
2, Change standards implementing a functional classification system,
It is not the intent of the Croman Mill District plan to implement any improvements
within the transportation infrastructure that would be beyond the design standards for
the adopted functional classification of roadways in the adopted City of Ashland
Transportation System Plan (TSP), There are improvements identified at spot locations
(intersections), but those types of improvements are within the functional classification
of roadways,
3, As measured by the end of the planning period identified in the adopted
transportation system plan:
a, Allow land uses or levels of development that would result in types of levels of travel
or access that are inconsistent with the functional classification of an existing or
planned transportation facility.
The land uses included in the Croman Mill District will result in the types of travel and
operation of streets within the roadway system consistent with the functional
classifications included in the current Ashland Comprehensive Plan Transportation
Element (1996), Ashland Transportation System Plan (1998) and Ashland Street
Standards Handbook (1999), The Ashland TSP (p 5-7),states:
Volumes indicated are not intended to be absolute maximums or minimums. The
function of the street with the roadway system, and the types and intensities of land
use along their routes are other important factors contributing toward their
appropriate designation,
The Ashland Street Standards Handbook (p 19) provides further clarification:
When determining how to classify a new street for the purpose of design, careful
attention should be given to considering the street as a whole in the context of the
neighborhood, of the underlying zoning and land uses, and the future amount of
traffic rather than strict adherence to using projected average daily traffic (ADT)
Findings of Fact and Conclusions of Law
Page 15
figures alone. Care must be taken not to focus on efficiency and worst case
scenarios. The end goal should be to balance creating a notable, livable,
functional street for the neighborhood, and provide a variety of transportation
optionsfor residents,
Ashland Street and Siskiyou Boulevard are classified as Boulevards, and Tolman Creek
Road and Mistletoe Road are classified as Avenues, It is the intent of the Croman Mill
District plan for the boulevards and avenues which the previous analysis shows will be
impacted by the redevelopment of the plan area to continue to operate with the
definitions of the functional classifications included in the Ashland Comprehensive
Plan Transportation Element and Ashland Street Standards Handbook,
The Ashland Comprehensive Plan, Ashland TSP and Ashland Street Standards
Handbook include an average daily traffic for Boulevards of 8,000 to 30,000 trips per
day, and for A venues 3,000 to 10,000 trips per day. The following definitions of a
Boulevard and Avenue are included in the Ashland Street Standards Handbook.
"Boulevards are major thoroughfares filled with both human and vehicular
activity. Design should provide an environment where walking, bicycling, using
transit and driving are equally convenient and shouldfacilitate the boulevard's
uses as a public space, Design should start with the assumption that the busy
nature of a boulevard is a positive factor and incorporate it to enhance the
streetscape and setting A 2-lane, 3-lane or 5-lane configuration can be used
depending on the number of trips generated by surround existing and figure land
uses. "
"Avenues provide concentrated pedestrian, bicycle, transit and motor vehicle
access from neighborhoods to neighborhood activity centers and boulevards,
Avenues are similar to boulevards, but are design on a smaller scale. Design
should provide an environment where walking, bicycling, using transit and driving
are equally convenient and should facilitate the avenue's use as a public space. A
2-lane or 3-lane configuration can .be used depending on the number of trips
generated by surrounding existing and future land uses,"
Previous analysis for the 20 year planning horizon has indicated that at approximately
50% of the proposed development, Tolman Creek Road north of Mistletoe Road and
Mistletoe Road itself (also referred to as the Central Boulevard in the plan) should be
upgraded/improved to contain a center turn lane, so the overall cross section of the
roadway(s) would be a three lane facility, Based on the design standards found in the
Ashland Street Standards Handbook, this type of cross section could be classified as an
Avenue functional classification, The Ashland TSP does indicate capacity
improvements for Tolman Creek Road in this location, and an improvement of
. upgrading Mistletoe Road to an urban street standard (Chapter 9: Needed
Transportation Improvements, Ashland TSP, 1998), Ashland Street and Siskiyou
Boulevard are anticipated to remain in the current configurations,
Findings of Fac! and Conclusions of Law
Page 16
There are several additional factors worth noting. The transportation analysis and
transportation analysis update completed for the redevelopment plan use standard
assumptions and methodologies to generate future land use scenarios and associated
trip generation and distribution, Specifically, the transportation analysis uses a worst-
case approach in that it assumes all but two percent of trips will be made my motor
vehicles, In contrast, Ashland has long-standing Comprehensive Plan and TSP goals
and policies emphasizing non-automotive means oftravel, and therefore concentrated
on developing the city in a pedestrian.oriented compact urban form as well as building
a multi-modal transportation system including sidewalks, bicycle and transit facilities,
In keeping with the City's goals and policies, the Croman Mill District plan includes
links to existing pedestrian, bicycle and transit facilities (e,g, Central Ashland Bike
Path extension), as well as incorporating both on-street and off-street pedestrian and
bike facilities, as w~ll as provisions for bus tops and commuter rail within the plan
area, While current methodologies to estimate trip generation do not incorporate non-
automotive trips, it is the intent of the Croman Mill District to create a land use pattern
and complimentary transportation system that will replace vehicle trips with pedestrian,
bicycle and transit trips, As a result, the ultimate impact on the vehicular facilities
including streets and intersections should be less than presented in the transportation
analysis and transportation analysis update,
Also worth noting is the City is beginning the process of updating the Ashland TSP,
Necessary system improvements will be carried over into the updated TSP, as well as
measures for off-setting vehicular trips with pedestrian, bicycle and transit traveL The
update of the Ashland TSP is targeted for completion in January of2012,
b, Reduce the performance of an existing or planned transportation facility below the
minimum acceptable performance standard identified in the TSP or comprehensive
plan; or
c, Worsen the performance of an existing or planned transportation facility that is
otherwise projected to perform below the minimum acceptable performance
standard identified in the TSP or Comprehensive Plan.
Previous analysis has evaluated the potential traffic operations at study area
intersections comparing both the No-build and Build land uses, Table 2 summarizes
the unmitigated (existing geometry) operations at these intersections,
Table 2: Unmitigated 2030 Study Area PM Peak Hour Operations
Mobility No-Build
Standard Dela LOS
VIC 0.85 > 80,0 F
VIC 0.85 72. 7 F
VIC 0.90 > 80,0 F
VIC 0.90 47.6 D
LOS D 23.7 C
Intersection
Hwy 66 (Ashland St)/I-5 Northbound Ramps
Hwy 66 (Ashland St)/I-5 Southbound Ramps
Hwy 66 (Ashland St)/Washington St
Hwy 66 (Ashland St)/Tolman Creek Rd
Tolman Creek Rd/Mistletoe Road
Findings of Fac! and Conclusions of Law
Page 17
Hwy 99 (Siskiyou Blvd)/Tolman Creek Rd
Hwy 99 (Siskiyou Blvd)/Mistletoe Mill Rd
Hwy 99 (Siskiyou Blvd)/Crowson Rd
V/C 0.90
V/C 0.90
V/C 0.80
> 80.0
14.5
11.1
F
B
B
0.96
0.23
0.10
> 80.0
51.8
11.4
F IDl9lII
F 0.50
B 0.11
Based on the unmitigated traffic operational results, it would indicate that the proposed
land use has potential impacts beyond those experienced under the No-build condition
at three intersections: Ashland Street/Tolman Creek Road, Tolman Creek
RoadlMistletoe Road, and Siskiyou Boulevard/Tolman Creek Road, All ofthese
potential impacts occur on Tolman Creek Road,
Mitigation alternatives were developed for all intersections where impacts were greater
than expected under the No-build condition, as well as what improvements would be
necessary to reach jurisdictional standard (either V IC ratio for ODOT facilities, or
level-of-service for City facilities). These mitigation alternatives added turn pockets or
signals to existing intersections and were able to meet the jurisdictional standard,
These types of improvements have been identified in the Ashland TSP through calling
out adding travel lanes to meet projected long term vehicle demand (along Tolman
Creek Road from the Siskiyou Boulevard to E. Main Street), and upgrade to Boulevard
standard and capacity improvements on Ashland Street (from UPRR west to Interstate
5). In addition, Mistletoe Road has been identified in the TSP as an improvement to
upgrade to an urban street standard, Finally, a traffic signal at Siskiyou
Boulveard/Tolman Creek Road has been identified as an improvement in the TSP,
Using these parameters, the development would not have a significant effect because
improvements have been identified in the TSP that allow for adequate intersection
operations to meet jurisdictional standard through turn lanes and signalization,
There were transportation issues raised during the public hearings, The City Council
finds and determines that all substantive issues were adequately addressed by City staff
in the numerous staff reports and staff responses, and other materials in the record,
whether such responses were made orally at the hearings or provided in written form as
set forth in the record, All staff reports, staff materials, and other staff responses are
hereby accepted by the City Council and are incorporated herein by this reference,
The Council finds and determines that the proposed amendments are consistent with
the TPR
OVERALL COUNCIL CONCLUSIONS
The City Council finds and determines the approval criteria for this decision have been
fully met, based on the detailed findings set forth herein, the detailed findings and analysis
of the Planning Commission, the detailed findings and analysis set forth in the Croman
Mill supporting documents, the Economic Opportunities Analysis supporting documents
together with all staffreports, addenda and supporting materials in the whole record,
Specifically the Council finds that the proposed amendments are consistent with City of
Ashland Approval Criteria for Zone Changes, Zoning Map Amendments and
Findings of Fae! and Conclusions of Law
Page 18
'/
Comprehensive Plan Map Changes set forth in ALUO l8.108,060,B. The Council finds
that the proposed amendments are consistent with the City of Ashland Comprehensive
Plan. The Council finds and determines that the proposed amendments are consistent
Oregon land use laws and regulations including specifically Oregon Statewide Planning
Goal 9 as implemented by OAR Chapter 660, Division 9, Finally the Council finds and
determines that the proposed amendments are consistent with Oregon land use laws and
regulations including specifically Oregon Statewide Planning Goal 12 as implemented by
OAR Chapter 660, Division 12,
Accordingly, based on the above Findings of Fact and Conclusions of Law, and based upon
the evidence in the whole record, the City Council hereby APPROVES the ADOPTION of
the following amendments to the Ashland Land Use Ordinance and Ashland
Comprehensive Plan as reflected in six distinct ordinances:
. The Ashland Comprehensive Plan is amended to add the Croman Mill Plan
designation to Chapter II Introduction and Definitions, and to adopt The City of
Ashland: Economic Opportunity Analysis and Croman Mill Site
Redevelopment Plan as supporting documents,
. The Ashland Comprehensive Plan map is amended to include the Croman Mill
District designation, and the Ashland Zoning map is amended to include the
Croman Mill District comprised of five zoning overlays,
. Chapter 18,53 Croman Mill is added to the Ashland Land Use Ordinance,
. Section VIII Croman Mill District Standards is added to the Site Design and
Use Standards in ALUO Chapter 18,72 Site Design Review.
. ALUO Chapter 18 is amended to provide consistency with the new Chapter
18.53 Croman Mill.
. Ashland Municipal Code (AMC) Chapter 15 is amended to provide priority
plan check for LEED certified buildings.
Ashland City Council Approval
John Stromberg, Mayor
Date
Signature authorized and approved by the full Council this 17th day of August, 2010
Attest:
Barbara Christensen, City Recorder
Date
Approved as to form:
Ashland City Attorney
Date
Findings ofFac! and Conclusions of Law
Page 19
"IIIl
RESOLUTION NO. 2010 -
A RESOLUTION ENDORSING OCEAN-MARINE RESERVES
Recitals:
A The City of Ashland recognizes that a system of marine protected areas, including marine
reserves, are management tools that ensure the health and sustainability of Oregon's
ocean for current and future generations; and
B. The Governor's Executive Order 08-07 directed the Ocean Policy Advisory Council
(OP AC) to recommend sites for consideration as marine reserves that, individually or
collectively, are large enough to allow scientific evaluation of ecological benefits, but
small enough to avoid significant economic or social impacts; and
C. OPAC has recommended that six areas move forward for further consideration for
development as marine reserves; and
D, On July 1, 2009, House Bill 3013 became effective. The Bill directed that the Oregon
Department ofFish and Wildlife (ODFW) implement OPAC's recommendations on
marine reserves and develop a marine reserves work plan; and
E. ODFW has developed a marine reserves work plan in consultation with scientists,
relevant state agencies, ocean users, coastal communities, and the general public; and
F, Oregon's marine waters are a vital and treasured resource, and the City of Ashland should
endorse the establishment of a marine reserve system,
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1, The City Council of the City of Ashland recognizes the importance of maintaining
a healthy ocean environment and, therefore, endorses OP AC's recommendations of marine
reserves and ODFW's implementation of OP AC's recommendations and development of a
marine reserves work plan,
SECTION 3, This Resolution was duly PASSED and ADOPTED this
,2010, and after signing by the Mayor takes effect on
day of
2010,
Barbara Christensen, City Recorder
SIGNED and APPROVED this _ day of
,20l0,
Reviewed as to form:
John Stromberg, Mayor
Richard Appicello, City Attorney
Page 1 of!
'llIll
OREGON
t/~
Oregon Marine Reserves Work Plan
Cover Page
Oregon Department of Fish and Wildlife, November 2009
For more information: http://www.oregonmarinereserves.net
Fish & Wildlife
Oregon House Bill 3013 (2009) directs relevant state agencies to implement the state's
Ocean Policy Advisory Council (OP AC) recommendations on marine reserves, As part
of implementation, the legislation directs the Oregon Department ofFish and Wildlife
(ODFW) to develop a marine reserves work plan, In order to provide context for the
work plan, this cover page provides a brief overview of the OP AC recommendations
referred to in the legislation and work plan, the work plan's layout and elements, and
where to find more information on Oregon's marine reserves process,
:OPAC Recommendati~l1s
\~_^_.^._.___..~______..___..__________,______._m._.__^"____M.'.._.,.....,______., +
After an extensive public process, OP AC recommended that six areas move forward for
further consideration or development OP AC recommended two of the areas, Otter Rock
and Redfish Rocks, for designation as pilot marine reserves, The areas were
recommended to move ahead as pilot reserves because the proposals were the most
developed in terms of community collaboration and baseline information,
The four other areas require additional time for ecological and socioeconomic
information to be gathered, as well as for further collaboration among ocean users,
coastal communities, and other interested parties, Three ofthese areas, Cape Falcon,
Cascade Head, and Cape Perpetua, have proposals associated with them that will serve as
starting points for further evaluation and collaboration, The final area, in the Cape Arago
region, will not use an existing proposal as a starting point but will instead start fresh
with the International Port of Coos Bay supporting and leading a collaborative process to
consider and develop a new marine reserve proposal for the area.
Workrla-"~llm.II1aI"Y
ODFW developed the marine reserves work plan in consultation with scientists, relevant
state agencies, ocean users, coastal communities, and the general public. The plan
consists of two major sections; the first section outlines work to be conducted for the two
pilot sites (Otter Rock and Redfish Rocks), and the second section outlines work for the
four areas for further evaluation (Cape Falcon, Cascade Head, Cape Perpetua) and
proposal (Cape Arago region), The plan covers biological, habitat, social and economic,
and community outreach work that will occur during 2009-20 II,
EIII".II1I1I"!lilIformation
For more information on Oregon's marine reserves process please visit the state's marine
reserves website at http://www.oregonmarinereserves.net