HomeMy WebLinkAbout2011-0215 Council Mtg PACKET
CITY OF
ASHLAND
Important: Any citizen may orally address the Council on non~agenda items during the Public Forum. Any citizen may submil written comments
to the Council on any ilem on the Agenda, unless it is the subject ofll public hearing and the record is closed. Time permitting, the Presiding Officer
may allow orallcstimony. If you wish 10 speak, please fill out the Speaker Requesl form located near the entrance 10 the Council Chambers. The chair
will recognize you and inform you as 10 the amaunl of time alloned 10 you, if any. The time granted will be dependenllo some extent on the nature of
the item under discussion, the number of people who wish to speak, and the length of the agenda.
AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
February 15, 2011
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 discussion of potential litigation pursuant to ORS
192.660(2)(h)
7:00 p.m. Regular Meeting
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. MAYOR'S ANNOUNCEMENTS
V. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?
[5 minutes)
1. Study Session of January 31, 2011
2. Joint Meeting with Parks of February 1, 2011
3. Regular Meeting of February 1, 2011
VI. SPECIAL PRESENTATIONS & AWARDS
None
VII. CONSENT AGENDA [5 minutes]
1. Does Council wish to approve a Liquor License Application frorn Jaime Nichols
dba French Kiss at 60 E. Main Street?
2. Does Council wish to confirm the Mayor's appointment of Allyson Phelps to the
Historic Commission with a term to expire April 30, 2011?
3. Does Council wish to confirm the Mayor's appointment of Ben Scollto the
Housing Commission with a term to expire April 30, 2011?
4. Does the Council wish to accept the Department of Homeland Security, FEMA
2010 Assistance to Firefighters Grant Program, award #EMW-2010-FO-05471 in
the amount of $100,446?
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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.rn., be continued to a subsequent meeting, or be extended to 9:30 p.m. by a
two-thirds vote of council {AMC ~2.04.050}}
1. Does the City Council wish to affirrn, reverse, modify or remand back to the
Planning Comrnission the decision to approve Planning Action #2010-01239 - a
Comprehensive Plan and Zoning Map Amendment, Site Review, Tree Removal
Permit, and Physical & Environmental Constraints Review Permit to construct a
10,632 square foot building at 85 Winburn Way?
and
Does the City Council wish to approve the Development Agreement proposed by
the applicants, make changes to the Development Agreement prior to approval.
or reject the Developrnent Agreement? [60-90 Minutes]
IX. PUBLIC FORUM Business from the audience not included on the agenda. (Total
tirne allowed for Public Forum is 15 rninutes. The Mayor will set time limits to enable
all people wishing to speak to complete their testimony.) [15 minutes maximum]
Please note: Comments or questions from the public that are of a defamatory nature,
such as statements directed at individual Councilors' character, intentions, etc., are
out of order because they interfere with the work of the Council. The Council will not
answer questions posed during public forum but may direct staff to answer such
questions later.
X. UNFINISHED BUSINESS
XI. NEW AND MISCELLANEOUS BUSINESS
XII. ORDINANCES. RESOLUTIONS AND CONTRACTS
1. Should Council approve First Reading of an ordinance titled, "An Ordinance
Relating to Business Licenses?" and rnove the ordinance on to Second Reading?
[30 Minutes] Please Note: As there is an open motion on this item, there will be no
further public input taken.
2. Will Council adopt a resolution allocating Transient Occupancy Tax (TOT)
revenue for tourisrn and non-tourism purposes for FY2011-2012 and establishing
criteria for the grant program? [30 Minutes]
XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL
LIAISONS
XIV. ADJOURNMENT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this
meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-
2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to
ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I).
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CITY COUNCIL STUDY SESSION
January 31,201 I
Page I 0[4
MINUTES FOR THE STUDY SESSION
ASHLAND CITY COUNCIL
Monday, January 31, 2011
Pioneer Hall, 73 Winburn Way
Mayor Stromberg called the meeting to order at 5:33 p.m. in Pioneer Hall.
Councilor Slattery, Morris, Silbiger, Voisin, and Chapman were present. 'Councilor Lemhouse arrived at
6:40 p.m.
The Look Ahead agenda item was moved to number 2 on the agenda.
1. Does Council have feedback on the staff suggestions on how to address the Council's goal
related to homelessness?
City Administrator Martha Bennett provided a presentation on the City Council's Homelessness Goal that
included:
City Council Goal: Appoint an ad-hoc committee to make recommendations to the City Council
regarding issues related to homelessness. Include major goverumeut, uou-profit, aud faith
commuuity partners ou the committee. Request:
. Short-term recommendations no later than May 1, 2011 to address the more urgent issues
that confrout the commuuity.
. Long-term recommendations on how the City and partner organizations can work together.
Objectives for Study Session:
. Forward specific "short-term" issues to ad-hoc committee. Ad-hoc committee will be asked
to recommeud by May actions that the Council can take.
. Forward issues that the ad-hoc committee should discuss after May 1 for the long-term
plan. Long-term plan will focus on the community's response and will outline a
recommendation for the City's role.
. Discuss compositiou of ad-hoc committee.
What the Study Session won't do
. Duplicate work done by other groups (e.g. Jackson County 10-year Plan, or the task force
that has begun meeting).
. Attempt to explain and/or resolve problem of homelessness in Ashland.
Homelessness is a range: Least Severe - Most Severe
Least Severe - Easiest to Address:
. Doubling Up.
. Couch Surfing.
. Shelters, Car Camping, Transitional Housing.
Most Severe - More Difficult to Address:
. Chronic Homelessness (long-term, local).
. Chronic Homelessness (long-term, transient).
Ms. Bennett explained it was more difficult for the homeless to get homes once they were homeless for
six months and that Ashland was known as a place where it was easy to be homeless.
Issues faced downtown/parks
Least Severe - Easiest to Address:
. Hanging OutlCongregating - legal with few conflicts.
. Panhandling - Protected speech. Usually not a problem.
\
CITY COUNCIL STUDY SESSION
January 31,2011
Page 2 of 4
Most Severe - More Difficult to Address:
. Aggressive Panhandling.
. Blocking Sidewalks.
. Disruptive and disorderly behavior.
Short Term - Campgrounds
. Two Major Options:
o City just designate area with no controls.
o City Lean (inexpensively) to non-profit.
. Example: Dignity Village
Police. Chief Terry Holderness eXplained a campground could be a designated area and the City could
own the property and have someone manage operations. If a campground was heavily regulated it would
not get a lot of usage. If it was not regulated, it generated complaints. Research showed the only
successful example was Dignity Village that was a non-profit made up of homeless people who run the
programs and lease the area from the city.
Short-Term - Car sleeping
. Some communities have designated areas for people to sleep in their cars.
. Not permanent camps. Set hours for nighttime only.
. Needs to combine with sanitation.
Short Term - Exclusionary Areas
. Designate areas where people who receive multiples offenses violations can be excluded.
. Already happens in Lithia Park. OSF also has excluded people from the property they
control.
Chief Holderness explained exclusions from Lithia Park were rare and occurs 5-6 times a year where an
individual is trespassed for multiple offenses. Once trespassed, a person cannot return to that property for
a specific amount of time or they will be arrested. Individuals are notified prior to being trespassed. Any
property owner can ban someone from his or her private property.
. Request the committee discuss the downtown.
Short Term - panhandling collection boxes & vouchers
. Several cities have created an alternative way for people to donate rather than glVlDg
directly to people who are panhandling (Laguna Beach, Denver, Virginia Beach, and Santa
Cruz).
. Requires Don-profit partner to collect funds and spend them on service for tbe homeless.
Another idea was provide a book of vouchers the public could purchase and give to individuals instead of
cash.
Short Term - Sidewalk ordinance
. Some cities have passed laws limiting people from sitting or lying on the sidewalk (Seattle,
Santa Cruz).
. Portland's law was struck down in 2009.
. Short Term - Other ideas were a recommendation could be reached by May 1, 20Il?
Additions included having the ad-hoc committee work on strategic restrooms and showers for the short-
term and possibly using the Grove as a center for the food bank, youth at risk, homeless youth, or those
who want to get out of homelessness. Also suggested were creating a clearinghouse of services currently
available, looking at replacing Interfaith Care Community of AsWand (ICCA) services and researching
exclusionary areas. Another suggestion was establishing a one-day annual medical screening. Staff noted
the annual Project Homeless Connect event was similar but a large undertaking. Currently La Clinica
Healthcare collaborated with St. Vincent De Paul to provide medical screening for the homeless in
Medford. They were considering adding monthly medical screenings in Ashland. Another suggestion
CITY COUNCIL STUDY SESSION
January 31,2011
Page 3 0[4
was focus on what was realistic to achieve between now and May, determine funding and available
resources, and then work backwards from there.
Items Council did not want the ad-hoc committee to address was a campground on City property and car
sleeping. Another opposed the idea of having an ad-hoc committee at all and thought replacing ICCA
services was not City business.
Long Term - Outreach
. Increase outreach to homeless to connect them to services.
. Community Works does for youth.
. Tried in many cities.
Chief Holderness explained the City of Santa Cruz spends approximately $300,000 a year on their
Outreach Program and there was a significant reduction in homelessness. However, at the same time they
instituted a sidewalk ordinance and set up donation boxes. An Outreach Program was expensive and
required trained social workers. Its primary focus was transitioning people out of homelessness and not
helping people find services. The City of Ashland initiated a couple efforts similar to an Outreach
Program in the past that were not successful.
Long Term - Coordinate Community Assistance
. City could fund a single non-profit (including fro the faith community) to coordinate
primary assistance.
Chief Holderness was the Project Coordinator for a similar program in the City of Fontana, CA that
coordinated services and helped people navigate the different agencies. The program was geared for
people in transition and not for maintaining homelessness. The shorter period of time an individual was
homeless, the less likely they will become chronic. Once they become chronically homeless, it was
difficult for them to get back into society.
Long Term Strategy Ideas
. Recreate a day drop in center.
. Increase the supply of supportiye housing with a broad range of support services.
Housing Program Specialist Linda Reid explained most of the permanent supportive housing was
intended for people with physical, mental/emotional, drug and alcohol issues that required additional
support. The program was progressive and helped the chronically homeless get into housing with wrap
.around support services to help them remain in housing. Current examples of supportive housing were
Living Opportunities in Medford and the Star Thistle Apartments in Ashland. Both offered similar
services on a limited basis.
. Look at whether the "housing first" model would work.
Housing First provided housing to stabilize an individual's life and then work on their other issues. The
Housing First program in the City of Seattle, W A noted a 50% reduction in chronic homeless people
returning to hornelessness. It also saved the City of Seattle $2,500 a month per person in services that
would have been rendered to those individuals had they remained on the streets in emergency services
and hospital care.
. Transitional Housing program.
The Transitional Housing program was similar to SRO except it had a 2-year period. The City of
Medford currently had one program in place called the Salvation Army Hope House. Transitional
Housing was intended for people newly or chronically homeless with a focus on families. The program
used mandated classes throughout the two-year period and created a savings plan to help people gain self-
sufficiency.
CITY COUNCIL STUDY SESSION
January 3/, 2011
Page 4 of 4
. Provide SRO (Single Room Occupancy) bousing in AsbIand.
SRO housing was good for the chronically homeless and people with mental health issues or disabilities
because it allowed them to live independently. It included community involvement and case
management.
. Case Management.
Ad-Hoc Committee
. 1 or 2 members currently involved in the Emergency Cold Weather Sbelter.
. 1 member representing free meal providers'l member representing outreacb to homeless.
. 1 or 2 representing retail and visitor businesses.
. 2 or 3 citizens at large.
. 1 or 2 members representing otber government agencies.
. 1 or 2 members representing non-profits tbat provide transitional services.
. 1 member representing non-profits tbat provide prevention services.
Proposed Timeline
. Committee would be appointed by the Mayor and confirmed by Council on February 15,
2011.
. Committee would bave roughly 8 weeks to make recommendation on "sbort-term" issues.
. Committee wonld not begin working on long-term issues until May 1 recommendation is
made to Council.
Council questioned having an ad-hoc committee and were concerned the suggestions were a "laundry list"
that did not provide clear direction for a committee. The focus sho,!ld be on what Council wants to
accomplish within the City's means. Other comments were against short-term solutions and wanted to
focus on the long-term. An additional concern was providing services might be enabling and make it
attractive to be homeless in Ashland. Comments supporting the ad-hoc committee noted the list were
lean suggestions that would meet the basic needs of shelter, sleep, toilets and shower facilities and the
committee would be comprised of individuals that could appropriately address short-term and long term
lssues.
Staff clarified the suggestions were put together to help address short-term issues with people who were
chronically homeless and their impacts. The long term was to try to move people from the more severe
range to the less severe and ensure people had access to housing. The list was gaps that other
communities were providing.
Ms. Bennett would write a charge for an ad-hoc committee that Council could discuss during a regular
Council meeting. Mayor Siromberg would provide names of who was best suited to be on the committee.
2. Look Abead Review
City Administrator Martha Bennett reviewed items on the Look Ahead.
Meeting adjourned at 7:08 p.m.
Respectfully submitted,
Dana Smith
Assistant to the City Recorder
ASHLAND CITY COUNCIL & PARKS & RECREATION COMMISSION MEETING
February I, 2011
Page I of2
MINUTES OF THE JOINT ASHLAND CITY COUNCIL
PARKS & RECREATION COMMISSION
February 1, 2011
Council Chambers
I) 75 East Main Street
CALL TO ORDER
Mayor Stromberg and Park Commission Chair Eggers jointly called the meeting to order at 6:00 p.m.
ROLL CALL
Councilor Chapman, Morris, Lemhouse, Slattery, Silbiger, and Voisin were present. Park Commissioner
Landt, Lewis, Eggers, Seffinger, and Rosenthal, were present.
PUBLIC INPUT - None
,
AGREEMENT ON PROPERTY TAX SPLIT FOR FY 2012 BUDGET PREPARATION
City Administrator Martha Bennett provided background on the Budget Committee decision to have the
elected bodies meet to determine the spilt of the permanent rate for property taxes. The current split of
$4.2865 levied between the agencies for Fiscal Year 2010-2011 directed $2.09 to the Parks and
Recreation Fund, with the balance going to the City's General Fund and $0.175 of the City's balance
towards the Technology Debt. Ending Fund Balances for both the City and the Parks and Recreation
Department for Fiscal Year 2010 exceeded what was budgeted. The recommendation was the Parks and
Recreation Department continues receiving the $2.09 split, and both agencies transfer the Ending Fund
Balance overages to the City Reserve Fund. Those amounts totaled $361,906 from the City General Fund
and $348,595 from the Parks and Recreation Fund due to unanticipated revenues and lower than
anticipated expenses, that occurred in both funds. The City Reserve Fund would serve as a savings
account available to both the City and the Parks and Recreation Department in the event of an emergency.
Commission Chair Eggers expressed concern on how the Parks and Recreation Department could access
the Reserve Fund and if the funds were separate from each other.
Ms. Bennett explained the Reserve Fund could not be spent in the current fiscal year and was accessed
through the budget process, and currently funds were not segregated. The process to access the Reserve
Fund was the same process for other funds, handled as a request for transfer of reserves during the budget
process.
Administrative Services Director Lee Tuneberg confirmed it was possible to place the funds into a
temporary restricted net asset account assigned to the Parks and Recreation Department.
The Commission was interested in separating funds so Parks and Recreation Department would have its
own reserve fund and the City would have theirs. A concern was the lack of control over Administrative
Services Charges. Staff explained City and the Parks and Recreation Department purchase services from
each other and recommended scheduling a future meeting on internal service charges. The City Council
had ultimate control of funds as part of the Budget Committee and as the governing body had the
authority to adjust adopted budgets. This recommendation was a one-time transfer and it was prudent to
set monies aside when there were Ending Fund Balance overages to cover future financial crises.
The Commission commented on the policy adjustments made in response to recent issues in the paper to
safeguard taxpayers' funds relating to the Parks and Recreation Department.
They went on to share information on how the Parks and Recreation Department increased developed
parkland 83% since 1989 and increased full-time equivalents (FTE) only.22%. The Commission thought
ASHLAND CITY COUNCIL & PARKS & RECREA TION COMMISSION MEETING
February !, lOll
Page 1 ofl
there were ways to decrease maintenance costs through efficiency gains while build-out costs increased.
Overall, the Commission supported the $2.09 split but had concerns transferring overages to the Reserve
Fund.
Mayor Stromberg explained having a stronger reserve fund made the City eligible for lower interest
charges and used the Parks and Recreation Department going out for a Bond on the Meals Tax as an
example. Mr. Tuneberg added a sufficient reserve was required to make debt service payments when
dealing with Full Faith and Credit bond issues or borrowing.
Council supported transferring overages to the Reserve Fund but preferred not segregating funds. The
Memo of Understanding (MOU) indicated both agencies needed to ensure they received sufficient funds
through the Budget Process to deal with possible changes. lt was the Parks Commission and City
Councils responsibility to be as efficient as possible with taxpayers' money. A Council concern
questioned having a Reserve Fund that made very little interest while paying a debt at 5%.
Ms. Bennett eXplained that was why staff provided other alternatives to move the money either into the
Insurance Fund or into the Debt Service Fund. However, staff did not recommend the Debt Service Fund
option because the Parks and Recreation Department had never paid towards the Ashland Fiber Network
(AFN) debt. She went on to use the 2008 cuts due to the recession as. an example when to access Reserve
Funds. Having a Reserve Fund at that time might have reduced mid-year lay-offs or possibly allowed
attrition instead. Other examples included natural disasters of any kind.
The Commission was hesitant to transfer the overage to a Reserve Fund without further understanding the
process to access the funds.
Staff explained the long-term goal for the Reserve Fund was to have $6million to assure financial stability
and have the fund function properly. Staff anticipated it would take up to 10 years to grow the fund. This
request to transfer the overages specifically addressed the Ending Fund Balance of Fiscal Year 2010.
Councilor VoisinlLemhouse mls that Parks and Recreation prepare the FY201 1-2012 budget with a
property tax rate of $2.09 per thousand. That the City will transfer approximately $360,000 from
the General Fund and $349,000 from the Parks & Recreation Fund to the Reserve Fund.
DISCUSSION: Commissioner Landt thought the motion addressed two different issues. Mayor
Stromberg explained they were tied together. Ms. Bennett added that it preserved the $2.09 for the Parks
and Recreation Department, ensured fiscal capacity to continue and contributed to a Reserve Fund
available to everyone over time. She recommended not applying different rules to the General Fund. The
Parks and Recreation Department would have the same access to the Reserve Fund as the City if they met
the criteria and there were no special access rules with the motion. Roll Call Vote: Councilor Silbiger,
Chapman, Voisin, Slattery, Morris, and Lemhouse, YES. Motion passed.
DISCUSSION OF SERVICES AND COSTS SHARED BETWEEN THE CITY AND PARKS AND
RECREATION
Staff will set a time for a Joint Study Session in the future.
ADJOURNMENT
Meeting was adjourned at 6:50 p.m.
Barbara Christensen, City Recorder
John Stromberg, Mayor
'"
ASHLAND CITY COUNCIL MEETING
February 1,2011
Page I of9
MINUTES OF THE REGULAR MEETING
ASHLAND CITY COUNCIL
February I, 2011
Council Chambers
1175 E. Main 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, Morris, Lemhouse, Slattery, Silbiger, and Chapman were present.
MAYOR'S ANNOUNCEMENTS
Mayor Stromberg announced the annual process for various positions on the City's Commissions and
Committees was open.
The following changes were made to the agenda with Council consent:
o ORDINANCES, RESOLUTIONS AND CONTRACTS: agenda items #1 and #2 were
switched with the Business Licenses Ordinance first and the TOT Ordinance second.
o Will the council approve a Resolution authorizing signatures for Banking Services on behalf
of the City of Ashland? was added to the CONSENT AGENDA as item #5.
SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?
The minutes of the Regular Meeting of January 18,2011 and Executive Session of January 24, 2011 were
approved as presented.
SPECIAL PRESENTATIONS & AWARDS
1. Presentation regarding Library Services
Ashland Librarian Amy Blossom presented the report on library services that included the history of
funding and a summary on the tax levy elections of 2007 and 2008. She listed the services the extra tax
provided and shared library statistics.
She went on to explain the library offers download service for e-Books and audio books and remarked
howe-Books were rising in popularity. Additionally Jackson County was confident they could continue
to assist funding the Library at the current level.
CONSENT AGENDA
1. Will Council accept the Minutes of the Boards, Commissions and Committees?
2. Does Council have any questions about the quarterly financial report as presented?
3. Will Council approve a contract with JBR Environmental Consultants, Inc. to conduct soil and
groundwater monitoring on City owned property at 1097 'B' Street?
4. Will Council approve a $36,719.88 (25.7 percent increase) amendment to the existing contract
with Visar Construction Co., Inc. for construction of the Liberty Street improvement project?
5. Will the conncil approve a Resolution authorizing signatures for Banking Services on behalf of
the City of Ashland?
City Administrator Martha Bennett requested Consent Agenda item #4 be pulled for clarification.
ASHLAND CITY COUNCIL MEETING
February I, 2011
Page 2 of9
Councilor Voisin/Silbiger mls to approve Consent Ageuda items #1- 3 and #5. Voice Vote: all
AYES. Motion passed.
Engineering Services Manager Jim Olson described the problems and struggles associated with the LID
that caused the project to go $37,042.06 or 25.9% over budget and resulted in a revised amendment to the
contract with Visar Construction Co. Inc. for the Liberty Street Improvement. Project. The increase put
the contract in the mid range of original bids for the project.
Councilor Lemhouse/Cbapman mls to approve Consent Agenda item #4. Voice Vote: all AYES.
Motion passed.
PUBLIC HEARINGS (None)
PUBLIC FORUM
Morning Star aka Karin Dayspring/162 Alida Street #A1Shared that she spends time with the
homeless and "home free." She found them extremely intelligent, articulate and for the most part, good
company. She described the circumstances that made her and her husband homeless and the extreme
difficulties attributed to being mentally ill and living on the streets. She felt blessed to meet Frederic
Berger LCSW, a Clinical Social Worker from Talent that assisted in getting her and her husband off the
streets and explained the steps they took to transition into affording a place on their own. She was
mystified why the police interrupted homeless people while they slept and sometimes issued citations.
She encouraged people to contact Mr. Berger for assistance if needed.
KirklExplained he had witnessed the police make a pregnant sleeping teenager who was homeless move
during severe temperatures. The town was no longer free for the investment of labor but pay-to-stay. He
did not want the City to provide a facility or charge money to another person for his existence and to
understand he would make his own way. He asked everyone to share the earth, love, and forgive each
other. He stated food, shelter, clothing, and companionship were the four physical necessities of life and
cannot be denied.
MicbaellMain StreetlDiscussed the previous nights Study Session on Homelessness regarding the ad-
hoc committee. It will be composed of 9-15 m~mbers and suggested that homeless people represent
themselves on the committee. An immediate solution was giving people a place to sleep. None of the
other services provided to the homeless was of any value if they did not have a place to sleep. With
unemployment rate at 12% in Oregon, the homeless had the least foothold to get ajob out of any of the
demographic units. He stressed the need to have homeless people on the ad-hoc committee.
Aaron Fletcberffhought the homeless sleeping issue was an opportunity that could be solved by the
Council at a cost or at the citizen level free. A citizen-based solution would help create safe, strong
community. Having one location for sleeping was segregation and not healthy for homeless people that
wanted to come together with community. Multiple locations would represent integration into the
community and could easily be managed using permission forms. The forms would give permission for
an individual to camp at specific dates and times verified and signed off by the Police Department. This
was an immediate solution at no cost.
UNFINISHED BUSINESS
1. Does Council have questions regarding tbe current status of tbe Litbia Springs Property lease
extension including tbe environmental assessment review by DEQ and tbe continued
implementation oftbe best management practices by tbe Asbland Gun Club?
ASHLAND CITY COUNCIL MEETING
February I, 2011
Page 3 0[9
Public Works Director Mike Faught introduced Maintenance Safety Supervisor Mike Morrison and
Engineering Services Manager Jim Olson. Mr. Faught noted at the council meeting of November 2,2010
it was noted that the Gun Club had installed a new gate, put up additional fencing around historical
structures, and were working with a local lead recovery expert. In addition, the Department of
Environmental Quality (DEQ) completed their report and generally agreed with the Findings of the
Ecological Risk Assessment conducted by Brown and Caldwell. DEQ recommended further lead studies
on the property that included soil and water sampling. Another suggestion was a systematic approach to
sampling the shot fall zone of the shotgun range and adjacent properties. This would entail two or three
sample locations on the creek and included collections during large rain events. The last suggestion was'
best management practices and hiring a professional Range Designer. The next steps for staff were hiring
an environmental consultant to move forward with the recommendations by DEQ and start discussing the
lease that expires May 30, 20 II.
Mr. Olson explained the cost to the City regarding the studies was $64,000 for the Brown and Caldwell
report, $1,200 on the DEQ review with the potential to go as high as $5,000. Staff was anticipating the
additional consultant contract would be less than $30,000 and did not know how much a professional
Range Designer cost. DEQ recommended the City and the Gun Club jointly fund the studies and the
Range Designer.
Mayor Stromberg shared information he received that the gate at the Gun Club had been left open for
long periods, activities were not monitored, and protection for the historical structures was lacking. Mr.
Morrison clarified there were operational issues with the gate that the Gun Club eventually replaced.
There was further concern the Gun Club had not acted within the current lease agreement and notified the
City once they had resolved the issues with the gate instead of prior.
Edward Kerwin/955 Dead Indian Memorial RoadlLived close to the Gun Club and thought the DEQ
report was helpful regarding lead contamination. The City should take a scientific approach analyzing the
Gun Club. He noted Ashland was a forward-looking town trying to have environmentally sustainable
practices and questioned how a gun club filling the soils with lead and creating noise pollution fit in with
Ashland in 20 II. He believed the Gun Club benefited 200-400 residents of Southern Oregon and noted
that if the same land was a park it could benefit thousands of residents and visitors. He asked Council to
consider carefully the risks of renewing the lease.
John Ward/I525 Baldy Creek Road/Stated he was a rancher for 42 years and noted his extensive
involvement with the watershed and site studies. He thought the Brown & Caldwell study fell short,
provided examples why and noted areas not sampled that were likely to contain levels of lead. Council
should consider that a two-year study proposed by the Gun Club for a 30-year lease might be skewed and
the City may want to adjust that during the March meeting.
Cathy DeForest/1067 Immigrant Creek Road/Commented citizens had talked about this issue for six
years and hoped that Council received previous reports submitted during that time. In 2008, she and
others formed the Group for Environmental Concerns and Fiscal Responsibility. She shared concern the
Gun Club had left the gate open for extensive periods for almost five weeks. Her main concern was a 30-
year lease was too long and should be extended in two year increments with Council requesting due
diligence. She referenced a petition sent to the National Environmental Protection Agency (EPA)
regarding a nationwide ban of lead because of its harmful effects on wildlife and migratory birds. At the
very least, lead should be banned from the Gun Club. She' encouraged Council to shorten the lease
extension and add a requirement of ongoing reports from the Gun Club.
ASHLAND CITY COUNCIL MEETING
February I, 2011
Page 4 of9
Council requested information on the grants the Gun Club apply for and expressed concern that a national
registry formerly used for target practice and now protected was in the middle of a gun club. Additionally
requested was the City expense for the Gun Club over the past 10-25 years and links to prior documents
relating to the Gun Club. Also requested was information on birds consuming lead shot creating a
potential pathway and an environmental hazard.
2. Does the Council approve the Resolution Calling for a Special Election for May 17, 2011? Does
the Council have any changes to the Proposed Ballot Measure for Fire Station No.2?
Management Analyst Ann Seltzer provided background on the request for a Ballot Measure for Fire
Station No.2. Based on current tax proceeds, every penny levied generated approximately $19,300 and
staff calculated that this would cost 12.5 cents per $1,000 of assessed property value and the average
property owner would pay approximately $28.36 per year. The cost of the special election for May 17,
2011 would be around $11,000.
Ms. Seltzer described the differences between the 2006 fire station, which the voters rejected and the
station proposed for the May 2011 election. The new station was 10,000 square feet, 4,000 square feet
less than the 2006 structure. The building orientation for the new Fire Station faces Sherwood Street
instead of the prior proposed building orientation, which faced Ashland Street. The new station is also
$2.4million less than the one rejected in 2006.
City Recorder Barbara Christensen explained the measure had not been created yet and Council needed to
flesh out all the questions the community will have. The minutes would act as an informational sheet for
the measure.
Staff clarified citizens determined the amount they would pay by looking at the assessed value on their
November 2011 property tax statement and multiplying it by .124. Similar instructions were included in
the Explanatory Statement.
George Kramer/366 North LaureUParticipated on the Public Bond Safety Committee and the Facilities
Master Plan Committee and the outcome was a unanimous agreement that Fire Station NO.2 needed
replacement. There was never a good time to go out for a bond but the Committee and the City were able
to cut $2.4million from the original proposal and come forward with one that was reasonable, fit on the
site, did not encumber the neighbors and met City needs. He referenced a line in the Explanatory
Statement that stated the current structure would not withstand a seismic event and pointed out the need
for a safer structure in the event of an earthquake. The proposal was modest and he hoped Ashland would
support the measure.
The committee had ended its service and had no plans to actively campaign as a committee. However,
some individuals may purchase a supportive comment in the voters' pamphlet.
.
Councilor SilbigerlSlattery mls to approve Resolution #2011-05. DISCUSSION: Councilor Silbiger
reiterated the need to replace the building, noted it was not a significant historic structure and replacement
was a necessity. Councilor Lemhouse added a core responsibility of government was to ensure. public
safety ofthe community and that included safe public facilities. Funding buildings for public safety and'
infrastructure was crucial for any vibrant community. Councilor Slattery commented on how thorough
the committee was in making the decision to replace the building and it was deemed necessary. He
thought the choice was either fund the replacement or not have a fire station in that location because the
current structure was borderline dangerous at this point. Roll Call Vote: Councilor Slattery, Silbiger,
Chapman, Voisin, Morris and Lemhouse, YES. Motion passed.
ASHLAND CITY COUNCIL MEETING
February !, lOll
Page 5 of9
Council discussed the Explanatory Statement, noted a concern in the fourth paragraph that stated the
current location ensured a five-minute response time to the eastern end of the city. Council suggested
changing the following language in paragraph four: "Eliminating Fire Station No.2 would increase
response times to 9 minutes or greater to some areas of Ashland particularly the Oak Knoll
neighhorhood," by replacing "...the Oak Knoll neighborhood" with "...the south area of the town."
Another suggestion was putting the 2006 infonnation in chronological order on the Explanatory
Statement and the Notice of Bond Election.
Councilor MorrislLemhouse mls to approve changes to the Explanatory Statement language.
Roll Call Vote: Councilor Slattery, Silhiger, Chapman, Voisin, Morris and Lemhouse, YES.
Motion passed.
3. Should Council approve a resolution authorizing a land transfer of a portion of the 380 Clay
Street property to the Ashland Parks Department for Parks purposes?
Community Works Director Bill Molnar provided the background on the Clay Street purchase with the
Housing Authority of Jackson County (HAJe) that left 3.75 acres available for purchase by the Parks
Commission. The Food and Meals Tax allowed the Parks Commission to buy the land at $360,000 for a
totalof$1.35million.
Councilor SilbigerNoisin mls to approve Resolution #2011-06. DISCUSSION:. Councilor Chapman
would not support the resolution to protest the process used. He disagreed with the design and thought the
Parks Commission should have been included in the master design. Roll Call Vote: Councilor Voisin,
Slattery, Morris, Lemhouse and Silbiger, YES; Councilor Chapman, NO. Motion passed 5-1.
4. Does Council want to adopt the City Council Goals for 201 I ?
City Administrator Martha Bennett gave some background history on the 2011 Council Goals and
explained how they drove the budget process. She noted revisions Councill1)ade to the Values and the
Vision Statement. Based on comments from Council, she recommended further discussion on the goals to
convert The Grove to a police department, establish a Homeless ad hoc committee, Homeless short-tenn
and long-tenn recommendations, the Sustainability Plan and moving to a biennial budget.
Convertinl! the Grove to the Police Station
Councilor Voisin referenced Council Minutes from the June 2, 2009 meeting where Council approved the
Facilities Master Plan in full that designated The Grove to relocate the Finance Department. Now there
was discussion of possibly moving the Police Department to The Grove. Councilor Voisin suggested
using the facility as a homeless center for homeless or near homeless people, with specific services for
youth, a centralized location for meals, showers, and sanitary facilities along with services for the
chronically homeless.
Councilor Chapman explained one of the reasons the Public Safety Committee chose to use The Grove
for the Police Department was that it was substantially less expensive then adding the other structure.
Council consensus was not to make any changes to the proposed goal.
Homelessness Issues ad-hoc committee. Short-term and Lonl!-term recommendations
Councilor Lemhouse suggested removing the short-tenn recommendations bullet from the Homelessness
Issues goal, have staff create short-term ideas for quicker action and direct the ad-hoc committee to focus
on long-tennrecommendations with an end of year deadline.
ASHLAND CITY COUNCIL MEETING
February I, 2011
Page 60J9
Council in general agreed. Opposing comments expressed concern that not having the ad-hoc committee
work on the short-term recommendations removed needed expertise. Comments in favor noted the time
to select and charge an ad-hoc committee would not allow the committee enough time to make short-term
recommendations by May I, 20 II.
Council majority was to remove the first bullet regarding short-term recommendations under the
Homelessness Issues Goal.
Sustainabilitv Plan
Mayor Stromberg suggested changing the environmental goal to address energy use and climate change.
Another suggestion for the, infrastructure would separate the plan into two parts that would develop a City
Sustainability Plan and a Community Sustainability Plan.
,
Council agreed there was.a need for further discussion, adopted the goal as originally stated and directed
staff to return for further clarification.
Move to a Biennial Budl!et
Councilor Voisin asked for information on State Budget Law impact, how the change would affect the
Citizens Budget Committee, and how would mid-course changes happen.
Ms. Bennett explained the Citizens Budget Committee would be revised to modify Commission terms.
Council would provide a charge for the off year, possibly to address policy issues relating to the budget.
Administrative Services Director Lee Tuneberg provided clarification on changes to the process, and
noted staff workload would differ according to departments.
Supportive comments from Council included savings on annual printing costs, this was an opportunity to
address policy issues, enhanced transparency, and would increase efficiency. Opposing comments
expressed concern that it would diminish citizen oversight, could create areas of over spending and
information on the negative impact of a biennial budget was an unknown.
Council majority was to leave on as a goal.
Councilor Morris/Chapman m/s to adopt the City Council Goals as revised with one change as well
as the Visions and Values statements. Roll Call Vote: Councilor Chapman, Voisin, Morris,
Lemhouse, Slattery, and Silbiger, YES. Motion passed.
NEW AND MISCELLANEOUS BUSINESS
1. Who will Council designate to attend the stakeholder meetings for the infrastructure financing
and urban renewal feasibility study?
Community Development Director Bill Molnar explained the feasibility study was part of Council Goals
and would take 5-6 months. Staff anticipated 2-3 meetings starting February 14, 20 II with the second in
April and the final one in Mayor June.
Councilor Morris volunteered to attend the stakeholder meetings.
ORDINANCES. RESOLUTIONS AND CONTRACTS
1. Should Council approve First Reading of an ordinance titled, "An Ordinance Relating to
Business Licenses?" and move the ordinance on to Second Reading?
Interim City Attorney Megan Thornton provided an overview of the changes made by council that:
ASHLAND CITY COUNCIL MEETING
February 1,201 I
Page 70f9
. Removed Non-profit from the exemption, required a license, but was exempt from the fee.
. Display booth language was amended to add the four day a year requirement so a display booth
that operates more than 4 days within the year would require a business license with three
possible options:
o Option I required all booths to get a license that operate for at least 4 days or more within a
year.
o Option 2 would eliminate the 4-day requirement and require all organizers to have a license
and a fee based on the number of employees of the organization and number of booths.
o Option 3 would exempt booths from licenses as long as the sponsor has a license.
. Rental exemption was modified to exclude rental units that are part of an individual's private
residence.
Ms. Thornton recommended including a definition of a rental unit and provided possible language.
. Section 6.04.120.A.l was modified to exclude sign code violations.
. Section 6.04.120.A.4 was modified to consider convictions only.
Travis Christian/3582 Cherry Lane, Medford/Owns the Ashland Artisan Emporium and noted it was
not government subsidized, it was a business. He explained how much it cost to run and the effort put in
for operations. The Artisan Emporium did not compete with the downtown vendors and actually
increased business for the area. He commented on the earlier discussion on virtues, thought business in
Ashland should be a virtue, and if it was not, there was a major problem in the city.
Jim Y oungllI 02 Holton Rd, Talent/Explained he had a studio in the Briscoe Art Wing and was a
member of Lithia Artisans Market. Artisans were a diverse lot whose earnings could vary drastically
throughout the year. Artisan markets allow young and inexperienced artisans to market their work at a
low rate. In Portland, if an artisan sells more than $25,000 annually they are charged a business license.
Charging the fee will hurt artists and make the Lithia Artisan's Market the most expense market in the
state. It was not a good thing for the community. Artisans were important to the community and should
not be penalized and charged a fee that does not exist in any other community.
Marcus Scott/1205 Talent Avenue, Talent/Represented the Lithia Artisans Market and explained he
also sells at the Farmers Market. He thought with the struggling economy that small fledgling and
established micro businesses in the region should be encouraged. Imposing another mandatory fee was
counterproductive when many artisans were barely making a living. Public Markets work as entry points
for new entrepreneurs because they are relatively inexpensive to start and operate. He researched what
the markets in Eugene and Portland did and found out that Eugene does not charge for business licenses.
A small percentage goes into a Eugene in Common Trust for businesses and markets to use for
entertainment and promotion. The market in Portland does not charge for business licenses until specific
caps are reached.
RyaD Navickas/2060 Mill Creek Drive, Prospect/Participated in the Rogue Valley Growers and
Crafters Market for sixteen years and was also on Growers Market Board. He referenced information
from the US Census Bureau that the poverty level in Oregon had significantly increased from 2007 to
2009. This affected sales at the Growers and Crafters Market. Alternatively, there was an increase in the
number of small-scale farmers and craft makers turning their hobby into a livelihood as jobs were scarce.
He shared annual salary ranges that depicted poverty, very low income, and low-income levels. By his
estimation, most vendors at the Market fell under the poverty or very-low-income range. The economic
ASHLAND CITY COUNCIL MEETING
February I, 2011
Page 8 of9
crisis has hit their members hard and the Board had to raise fees to pay for increased advertising. An
additional fee on vendors by the City would make it even more difficult. Asking each vendor to pay was
harmful to the smaller and poorest vendors. He shared the mission of the Rogue Valley Crafters and
Growers Market to encourage young farmers and crafters and hoped Council would join that mission in
giving smaller vendors a chance in the community.
Bill Francis/40 Van Ness Avenueffhought charging business license fees created a barrier for small
businesses just starting and explained how. He noted inequities in hours and days of operation for open-
air markets compared to standard businesses. Another inequity was artists on consignment under
galleries did not have to purchase business licenses.
Doug HormeU858 Neil Creek Rd/Sells plants at the Growers Market and referenced a quote in the
newspaper where a Councilor stated every business should pay for a business license. Not everything
was black and white in a vote like this and he encouraged Council to look at whole picture. He noted the
Council Sustainability Goal and that it was important the City encouraged local businesses.
Chris Hardy/774 B Street/Explained he was the Vice President of the Rogue Valley Growers and
Crafters Market. The business license requirement could adversely affect their vendors as well as young
farmers and small businesses that the market serves. He echoed Mr. Hormel's testimony regarding the
Council Sustainability Goal on supporting smaller businesses with the Rogue Valley Growers and
Crafters Market and added these products come from within a SO-mile radius of the Rogue Valley. He
noted differences from standard businesses and the challenges vendors often face that at times prevents
them from attending the full 8-month window the market operates. He asked Council to understand the
Rogue Valley Growers and Crafters Market was not the same as standard downtown businesses.
Mouica Rey/123IO Ramsey Rd, Gold HiII-Sams Valley/Currently was the President of the Farmers
Market-Growers Market Association and explained the market was a not-for-profit mutual benefit
association. Their mission encouraged small, local, cottage industries and agriculture as well as public
education on food. The Market Association provides the venue for growers and crafters and their
business license should cover the vendors. Individual licenses could set a precedent for other cities where
a small vendor would have to pay business licenses at several city markets. That precedent would put a
small vendor out of business quickly. The Association was willing to compromise by raising their rates
and asked Council not to further burden individual vendors.
Catie FaryUI640 Ashland Street/Shared her past work experience and her association with the Rogue
Valley Growers and Crafters Market. The business license fee to those least able to afford it could be a
serious issue. These people were paying small amounts in order to make $60-$200 for bills. There was a
better solution than imposing this burden on people who were basically unemployed. Retail space and
retailers were doubling and tripling up to make ends meet. It was a hard time for retailers and restaurants.
Jerry Painter/940 SW 6"b Street, Grants Pass/Explained he was one of the vendors at the Rogue Valley
Growers and Crafters Market and the oldest food vendor in all of Southern Oregon. He described his
family business, listed the licenses and fees he pays along with daily expenses. He reiterated the need to
encourage small business. Buy local, made local should be a goal of every citizen. The proposed fees
would hurt all citizens. The idea of putting money first and people second should stop. Extra fees would
result in every consumer paying higher costs and that would be bad for everyone.
Councilor SlaUeryNoisin m/s to accept item #3 on the business license fee tbat does not tax
vendors. DISCUSSION: Councilor Lemhouse supported the motion and withdrew a previous
ASHLAND CITY COUNCIL MEETING
February 1, 20/1
Page 9 of9
suggestion of having a $10,000 cap. He declared a potential conflict of interest in that his wife is an
artisan at the market. She applied for a business license to avoid any future conflict of interest that
Councilor Lemhouse may incur. Councilor Silbiger disclosed he has a business license but understood
there was a class exemption for the purpose of discussion. Councilor Morris also disclosed he had a
business license as well. Councilor Chapman was in favor of the motion but it was late, and the motion
needed further discussion.
Councilor ChapmanlSilbiger mls to table this motion until the next meeting. Voice Vote: Councilor
Morris, Lemhouse, Silbiger and Chapman, YES; Councilor Voisin and Slattery, NO. Motion
passed 4-2.
2. Will Council adopt a resolution allocating Transient Occupancy Tax (TOT) revenue for
tourism and non-tourism purposes for FY 2011-2012 and establish criteria for the grant
program?
Item moved to next meeting due to time constraints.
OTHER BUSINESS FROM COUNCIL MEMBERSIREPORTS FROM COUNCIL LIAISONS
ADJOURNMENT
Meeting was adjourned at 10:30 p.m.
Barbara Christensen, City Recorder
John Stromberg, Mayor
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Liquor License Application
February ]5, 201] . Primary Staff Contact:
City Recorder E-Mail:
None Secondary Contact:
Martha Benne Estimated Time:
Barbara Christensen
christeb@,ashland.or.us
None
Consent
Question:
Does the Council wish to approve.a Liquor License Application from Jaime Nichols dba French Kiss
at 60 E Main Street?
Staff Recommendation:
Endorse the application with the following:
The city has determined that the location of this business complies with the city's land use
requirements and that the applicant has a business license and has registered as a restaurant, if
applicable. The city council recommends that the OLCC proceed with the processing of this
application.
Background:
Application is for an additional privilege for a current license.
The City has determined that the license application review by the city is set forth in AMC Chapter
6.32 which requires that a determination be made to determine if the applicant complies with the city's
land use, business license and restaurant registration requirements (AMC Chapter 6.32).
Related City Policies:
]n May ]999, the council decided it would make the above recommendations on all liquor license
applications.
Council Options:
Approve or disapprove Liquor License application.
Potential Motions:
Approve or disapprove Liquor License application.
Attachments:
None
Page 1 of I
~~,
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Appointment to Historic Commission
February 15,201] Primary Staff Contact:
City Recorder E-Mail:
Mayor's Office Secondary Contact:
Martha Benne Estimated Time:
Barbara Christensen
christeb(al,ashland.or. us
Mayor Stromberg
Consent
Question:
Does the City Council wish to confirm the Mayor's appointment of Allyson Phelps to the Historic
Commission with a term to expire April 30, 20] I?
Staff Recommendation:
None
Background:
This is confirmation by the City Council on the Mayor's appointment to the Historic Commission on
application received.
Related City Policies:
Ashland Municipal Code (AMC) Chapter 2.] 7.020
Council Options:
Approve or disapprove Mayor appointment of Allyson Phelps to the Historic Commission.
Potential Motions:
Motion to approve appointment of Allyson Phelps to the Historic Commission with a term to expire
April 30, 20] ].
Attachments:
Application received
Page 1 of I
~~,
CITY OF
ASHLAND
APPLICA TION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email christebiIVashland.or.us. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary .
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CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Appointment to Housin~ Commission
February] 5,20] ] Primary Staff Contact:
City Recorder E-Mail:
Mayor's Office Secondary Contact:
Martha Bennet Estimated Time:
Barbara Christensen
christeb@ashland.or.us
Mayor Stromberg
Consent
Question:
Does the City Council wish to confirm the Mayor's appointment of Ben Scott to the Housing
Commission with a term to expire April 30, 20]]?
Staff Recommendation:
None
Background:
This is confirmation by the City Council on the Mayor's appointment to the Housing Commission on
application received.
Related City Policies:
Ashland Municipal Code (AMC) Chapter 2.] 7.020
Council Options:
Approve or disapprove Mayor appointment of Ben Scott to the Housing Commission.
Potential Motions:
Motion to approve appointment of Ben Scott to the Housing Commission with a term to expire April
30,20] I.
Attachments:
Application received
Page I of I
~~,
CITY OF
ASHLAND
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITfEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email christeb@ashland.or.us. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary.
Name _"'tSeJt-:D
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(Commission/Committee)
Address
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What prior work experience have you had that would help you if you were appointed to
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CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Department of Homeland Security Grant Program
February 15,2011 Primary Staff Contact: John Karns
Fire Department E-Mail: karnsj@ashland.or.us
Administration Secondary Contact: Martha Bennett
Martha Benne Estimated Time: Consent
Question:
Does the City Council wish to accept th~ Department of Homeland Security, FEMA 20 10 Assistance
to Firefighters Grant Program, award # EMW-201O-FO-0547I in the amount of $ 1 00,446?
Staff Recommendation:
Staffrecommends that the Council accept the grant award # EMW-2010-FO-0547l in the amount of
$100,446.
Background:
Ashland Fire and Rescue applied for the FEMA Assistance for Firefighters Grant Program in 20 I O.
The application was for the purchase of fire hose and hose fittings to replace the department's current
fire hose inventory and achieve hose and fitting compatibility with other area departments. The
department's current fire hose inventory is past its useful life and needs to be replaced. The other 3
local departments use a fire hose fitting system that is different from Ashland Fire and Rescue. The
total application was valued at $1 1 1 ,606.00 with a 10% match requirement. The match of $11,160.00
will be funded from the fund established for the replacement of fire hose and fire personal protective
equipment.
Council Options:
. Accept the grant award
. Reject the grant award
Potential Motions:
I move that the City accept the grant and proceed to a supplemental budget.
Attachments:
None.
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Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
85 Winburn Way (PA #2010-01239)
February ]5, 20]] Primary Staff Contact:
Community Develo E-Mail:
Legal Secondary Contact:
Martha Benne Estimated Time:
Bill Molnar
bill@ashland.or.us
Derek Severson
60-90 Minutes
Questions:
Does the City Council wish to affirm, reverse, modify or remand back to the Planning Commission the
decision to approve Planning Action #20] 0-0] 239 - a Comprehensive Plan and Zoning Map
Amendment, Site Review, Tree Removal Permit, and Physical & Environmental Constraints Review
Permit to construct a ]0,632 square foot building at 85 Winburn Way?
Does the City Council wish to approve the Development Agreement proposed by the applicants, make
changes to the Development Agreement prior to approval, or reject the Development Agreement?
Staff Recommendation:
Staff recommends the Council affirm the Planning Commission's decision to approve Planning Aciion
#2010-01239 with the attached conditions. Staff also recommends that the City Council approve the
Development Agreement with the amendments suggested by the Commission, as well as consider the
number of modifications detailed fully below.
Background:
As noted in the staffreport to the Planning Commission, consideration of a change in the property's
single family residential (R- J -7.5) zoning designation. is a legitimate request. A viable use for the
property and the existing structures has languished for many years, consisting of a handful of
proprietors with limited operations and questionable success. Consequently, it is reasonable that an
existing or future property owner would desire to remove the cloud of uncertainty presented by the
property's current pre-existing, non-conforming use status.
The location of the proposal, however, is at a point of transition between the downtown core; the
community-oriented uses provided by Lithia Park, the Ice Rink, Pioneer Hall and the Community
Center; and the residential neighborhood of the Skidmore Academy historic district. Converting this
side of the street to a downtown commercial zoning designation without clearly understanding and
addressing impacts on the area's parking supply and unique historic character could result in undesired
changes to an area of significant community interest. Ultimately, the Commission found that the
potential impacts from the zone change were appropriately addressed through the conditions of
approval and their proposed amendments to the Development Agreement.
At its January 18th meeting, the Council moved to call up the Planning Commission's January I ]th
approval of Planning Action #20] 0-0] 239. Section] 8.1 08.070 B 5 of the Land Use Ordinance gives
the Council the authority to call up any planning action for review of a decision upon "motion and
majority vote, provided such vote takes place in the required appeal period. The January 18th council
decision to call the action up for review fell within the required appeal period. No other requests were
received during the appeal period; the Council call up was based on a staff recommendation that
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reopening the decision for review might provide some additional measure of flexibility in considering
a Development Agreement for the project, rather than having to fit a Development Agreement neatly
within the pre-set parameters of an existing land use approval.
Review of Land Use Action
Planning Action #2010-0]239 is a request for a Comprehensive Plan Map Amendment and Zone
Change from Single Family Residential (R-] -7.5) to Commercial Downtown (C-] -D), a Physical &
Environmental Constraints Review Permit, a Tree Removal Permit to remove five trees, Site Review
approval to construct a new 10,632 square foot cafelrestaurant, and a Development Agreement for the
four properties located at 59-85 Winburn Way.
At their January 1],20] ] meeting, the Planning Commission adopted findings approving Planning
Action #2010-01239, while limiting the zone change to the cafe lot at 85 Winburn Way and the
adjacent ice rink lot. Because the project includes development on city-owned property adjacent to the
cafe, there is a Development Agreement associated with the application which will need to be
approved by Council and adopted as an Ordinance, similar to what was done for the Verde Village
project. The extent of the improvements to city-owned property includes plaza spaces on the Pioneer
Hall property and the Ice Rink lot, and construction of the Ice Rink support buildinglZamboni garage,
in addition to right-of-way improvements.
Procedural Handling
AMC 18.] 08.070 B. 5 notes that the City Council review of a planning action called up by Council but
subject to no other appeal requests is limited to the record and public testimony is not typically
allowed. However, in this instance, the project involves a Development Agreement which will
obligate the applicant to develop the project including constructing the building, installing public and
private site improvements, imposing a construction timeline and also providing for specific restrictions
on uses in accordance with the land use approval. The Development Agreement must be adopted by
ordinance, which requires a public hearing before the Council, and given that the Development
Agreement could potentially touch on virtually any aspect of the land use approval, it seems
appropriate that no limitations be placed upon the testimony from participants at the public hearing for
the Development Agreement.
Discussion of the Development Agreement proceeds upon the approval of the land use action, and as
such staff believe that the first decision point for Council must be to consider whether they are at least
generally in support of the land use approval before moving ahead to discuss details of the
Development Agreement. If the land use action is to be approved and staff directed to produce a final
version ofthe Development Agreement, the Council may wish to make a final motion on the land use
approval making clear that any modifications made in the discussion of the Development Agreement
are to be incorporated into the findings for the land use approval.
Issues Considered By the Planning Commission
The Planning Commission's consideration of the proposal centered on a few key issues:
Parking Impacts
One of the primary considerations in reviewing the application was weighing its benefits against
any negative impacts, most notably the additional parking demand posed by a 189 seat restaurant in
an area of already high parking demand. Parking could typically be addressed by providing spaces
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on-site, addressing demand off-site, or through the encouragement of non-automotive modes of
transportation such as cycling, walking or using transit. Staff also noted that the Planning
Commission could consider an "in-Iieu-of-parking fee" which would charge the applicants for
parking not being provided on a per-space basis, with these funds to be used to provide off-site
parking improvements or downtown congestion reduction measures. The Commission felt that
parking on-site was not an appropriate solution, and recognized that the site was not likely to
function as a primary destination given its proximity to the park, Oregon Shakespeare Festival, and
downtown dining and shopping. Ultimately, the Commission believed that requiring the applicant
to strongly encourage non-automotive modes by providing a staff person to coordinate employee
transportation options, providing bus passes to employees who request them, and providing bicycle
parking, lockers and showers for bicycle commuters was the best way to address parking,
particularly given that the highest parking demand generating period was the summer months
which have weather most suited to non-automotive means of transportation.
Impacts to Surrounding'Area
In addition to parking impacts, the Commission looked carefully at impacts of the proposal to its
surroundings including not only the residential neighbors on Granite Street whose backyards abut
the subject properties, but also the adjacent National Register of Historic Places-listed Lithia Park.
The Commissioners considered the building's general mass, bulk and scale within the Winburn
Way streetscape and how the building would be perceived by Granite Street neighbors based upon
both cross-section drawings provided by the applicants and a scale model which illustrated the
building in context with its surroundings. Ultimately, the majority of Commissioners was
supportive of the design and felt that its lodge-like character was well-suited to the location near
Lithia Park.
Commissioners also considered the possibility that the use of the building would be likely to
transition over time, and might not always remain a cafe. Both the Historic Commission and
Planning Commission made recommendations that future uses of the proposed building be limited
to those which are compatible with the adjacent skating rink, park and playground as well as the
Skidmore Academy historic district on Granite Street. The Planning Commission reviewed
permitted, special permitted and conditional uses for the C-I-D district and provided a modified list
of uses (attached) which they recommended for inclusion in the Development Agreement. The
Commission also indicated that the Development Agreement should be considered in terms of
minimizing the impacts of the site development both in terms of the construction timing and
associated impacts on parking and circulation in the Winburn Way streetscape.
Which Lots to Include
With regard to 85 Winburn Way cafe site and the adjacent Ice Rink lot, the Commission
determined that the applicants had made a comprehensive evaluation of Winburn Way's pre-
existing uses and their relationships to Lithia Park, one another and the streetscape, and that the
improvements offered reflected a realization that in improving the streetscape, Pioneer Hall
courtyard, and the Ice Rink facilities, the proposal would have significant mutual benefits for the
applicants cafe building and the city and merited the requested re-zoning. However, the
Commission found that the application had not addressed the remaining parcels in a similarly
compelling level of detail to allow the same thorough consideration of the benefits and impacts of
the re-zoning of either the Roberts/Mattson lot or the lot containing Pioneer Hall and the
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Community Center. The Commission's approval of the zone change was thus limited to the cafe
lot at 85 Winburn Way and the adjacent ice rink lot.
Development Agreement
If the Council opts to affinn the decision of the Planning Commission and approve the application, a
Development Agreement is needed to set specific conditions relating to the development of the
applicant's property and adjacent City property and facilities. Under Oregon Revised Statute 94.504,
the City has the ability to enter into a development agreement with any person having a legal or
equitable interest in real property for the development of that property. The development agreement
has the ability to specify a number of parameters with respect to development of the property,
including but not limited to allowances for pennitted uses, density and intensity of use, maximum
height and size of structures, schedule of fees and charges and responsibility for providing
infrastructure and services.
A revised draft of the Development Agreement was submitted by the applicants as this Council
Communication was being prepared. Staff has reviewed the document to the degree possible in the
time allowed and tried to incorporate the revisions and any related issues below; any additional staff
comments or concems with regard to these revisions will be provided at the Council meeting.
Future Uses
The Planning Commission felt that re-zoning of the site needed to be considered in light of the
mutually-beneficial relationship between the proposed cafe and the existing buildings, park, skating
rink, and streetscape which rests at the core of the proposal. The Commission also looked at the
application more broadly in tenns of the compatibility of potential future uses of the cafe building with
the specific context of the block as an area of transition between the more intense uses of the nearby
downtown core and the Skidmore Academy historic district on Granite Street, keeping in mind the
adjacent National Register of Historic Places-listed Lithia Park with its riparian corridor and heavily-
used playground, the adjacent community-owned/family-oriented ice rink, and the existing
public/institutional buildings. The Commission found that simply allowing the uses permitted
elsewhere in the C-] -D district could in some instances pose significant concerns in tenns of site-
specific contextual compatibility. The proposed Development Agreement provides a mechanism to
limit incompatible uses while giving both the city and the applicants a level of assurance as to the
potential for future transition to uses other than those currently being considered for the proposed
building. The Planning Commission made very specific recommendations, which were attached to the
findings as "Appendix A", for the Council to consider including in the Development Agreement in
order to insure that any future uses of the proposed building were limited to those appropriate to the
building's site-specific context. Of particular note:
Nightclubs & Bars: The Commission found nightclub and bar uses to be incompatible with the
transitional location and its context within a National Register of Historic Places-listed community
resource like Lithia Park, adjacent to a family-oriented community ice rink, across from a
playground and very near an established historic residential neighborhood, and they accordingly
recommended that these uses be removed from the list of pennitted uses in the Development
Agreement. The Commission noted that they wanted to make clear that a restaurant use could
include limited alcohol service or entertainment components, as long as these remained secondary
to the primary restaurant use_ In staffs view, a clear guiding principle may be that there should be
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CITY OF
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no use allowed which would trigger the Oregon Liquor Control Commission (OLCe) to restrict
minor's from any part of the premises.
HotelslMotels: The Commission found that hotels and motels are among the only uses requiring
off-street parking in the C-l-D district. Given that the applicants are proposing to construct the
building with no room for on-site parking, the Commission found that it would be difficult to
justify a required parking variance for these uses as the lack of parking could not be found to be
anything other than self-imposed given that the application specifically seeks not to provide
parking on the site.
Proposed amendment
The applicants' most recent draft of the Development Agreement proposes to reinstate
hotel/motel use as a Conditional Use; in staffs view the Planning Commission's removing
hotel/motel uses from the list of Conditional Uses was merited, and we would recommend
against returning them to the list here.
Medical Offices: The Commission felt that while medical offices are an outright permitted use in
the C-l-D district, they would pose a concern in this location. Unlike many other uses, medical
offices are typically primary destinations and patients are unlikely to combine medical procedures
with other downtown activities. The Commission also noted that medical office uses typically
bring a much more intense and constant parking demand due both to a higher number of employees
and to a higher volume of patients rotating in and out constantly through the day, with little
seasonal fluctuation. The Commission found that while a medical office might work in this
location under limited circumstances, such a use would need to be carefully considered given that it
was likely to be a primary rather than secondary destination, with higher parking demand and
higher volumes of patients and employees. The Commission accordingly recommended that
medical offices be deemed a conditional use within the Development Agreement.
Proposed amendment
The applicants' most recent draft Development Agreement proposal asks that medical office
uses be reinstated as a permitted use; here staff would reiterate that medical office uses are
typically a primary destination, with a more intense and constant parking demand, a higher
number of employees, a higher volume of patients rotating in and out, and little seasonal
fluctuation in intensity. Ifthese uses are to be retained as a possibility in the proposed building,
staff believes it is important that they be limited to a Conditional Use Permit and subject to
discretionary review allowing careful consideration of any impacts.
The cover letter to the City Attorney includes comments on the applicants' proposed modifications
of the use limitations recommended by the Planning Commission, and notes in the discussion of
restaurant uses that the applicants envision hosting "family-appropriate live musical entertainment
for the enjoyment of patrons." It has been noted that the applicant Storyville Coffee business
conducts a significant number of charitable fundraising functions that include large attendance at
musical concerts in private homes. Staff believe that the Council should be aware of this
possibility and may wish to ask the applicant about the frequency of such events, as well as
include any specific limits on such events (number, frequency, attendees, etc.) that they feel are
necessary.
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CITY OF
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Development Disturbance
In addition to the compatibility of future uses of the site, the Commission also felt that development of
the site brings with it the potential for significant impacts to the surrounding properties including the
adjacent park, skating rink/parking lot, neighboring homes and businesses, and the Winburn Way
streetscape, and that these impacts needed to be carefully considered and addressed through the
Development Agreement in order to minimize potential disruptions. The Commission accordingly
recommended that the Development Agreement be crafted to address not only a timeline for
demolition and construction, but also its staging so as to avoid unforeseen or extended disruptions to
nearby circulation or parking, particularly during the peak summer season.
Proposed amendment
With regard to the timeline for development proposed by the applicants, they have requested that
they be allowed 42 months from approval for the commencement of construction, and once
commenced that they have 36 months to complete the project. 42 months is the equivalent to a 12-
month initial approval, an I 8-month extension, and an additional 12-month extension, and seems
reasonable in staffs estimation. However, we have some concern that a 36-month window to
complete construction could result in a prolonged disturbance to the park, streetscape, adjacent
residential neighbors, and nearby businesses and as such we believe the Council may wish to
consider a more restrictive limit to completing site work, infrastructure and the building's shell to
minimize to the degree possible the disturbance associated with the project. We believe that these
exterior improvements should be completed in no more than 18-months.
System Development Cbarges
The Planning Commission approval included conditions that the applicants be fully responsible for the
cost of designing, obtaining approvals and constructing the Ice Rink support building, including paying
for building permits and system development charges (SDC's). This was based on the applicants'
assertion that providing these improvements at their expense was a significant portion of the benefit
proposed as one basis for the application.
Proposed amendment
The applicants' most recent draft Development Agreement proposes that they not be required to
pay the SDC's for the Ice Rink/Zamboni support building as this building is being constructed on
city property, for the city's benefit and will be used by the city to support recreational activities on
parks property. Typically, even a city project would be required to pay these fees to offset the
impacts of any improvements to city systems including water, sewer, storm sewer and
transportation. In considering the request, staff believe that the Council will wish to consider if and
how the impacts, and associated charges, are to be addressed if not at the applicants' expense.
Option on the Property
In discussions with the applicants, staff has suggested that the Council may wish to include a "first
right of refusal" option on the property as part of the Development Agreement? This is not included in
the draft provided, but could be added if the Council felt it necessary.
Non-Competition Clause
The applicants proposed draft Development Agreement includes a clause B. I 0 that the city would
agree not to sell food or beverages on the City parcels (including the Ice Rink lot, Pioneer Hall or the
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CITY OF
ASHLAND
Community Center) during hours that Storyville or its successors are selling food. In discussions with
staff, we have suggested that this may be better limited only to Storyville and that it not run with the
property ifStoryville ceases to operate in the proposed building. As currently written, it would apply
to Storyville and all successors; the Council may wish to consider whether they wish to limit this
clause specifically to Storyville and not apply it to their successors.
Related City Policies:
Comprehensive Plan policies found to be relevant by the City Council.
Council Options:
]. Affirm the decision of the Planning Commission, approving the application, and adopt the
Development Agreement with any modifications the Council feels are merited.
2. Modify the decision of the Planning Commission.
3. Reverse the decision of the Planning Commission and deny the application.
Potential Motions:
]. Move to affirm the decision of the Planning Commission, approve the application, and direct
staff to prepare findings for adoption by Council; and
Move to have staff make the following changes to the Development Agreement and bring back
an ordinance for I st reading.
2. Move to modify the decision of the Planning Commission (detail the modifications to the
decision) and direct staff to prepare findings for adoption by Council (incorporating the
following modifications.. .); and
Move to have staff make the .following changes to the Development Agreement and bring back
an ordinance for I st reading.
3. Move to reverse the decision of the Planning Commission, deny the application, and direct staff
to prepare findings for adoption by Council.
Attachments:
. Planning Commission's Findings & Development Agreement Recommendations'
. ] ]" x 17" plan submittals and large format color photo of the building model.
. A copy ofthe draft Development Agreement provided by the applicants' attorney, based on
Planning Commission recommendations and preliminary discussions with Administration,
Community Development, Legal and Parks staff.
Notes:
The record for Planning Action #20] 0-01239 is available on-line in its entirety at:
http://www.ashland.or.us/85winburn
A large 3-D mode] depicting the proposed building in the streetscape context is displayed in the lobby
of the Community Development and Engineering Services Building at 5] Winburn Way, and will be
avai]able for viewing at the Council meeting.
Page 7 of7
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BEFORE THE PLANNING COMMISSION
January 11'11,2011
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APPLICANTS: Urban Development Services, LLC, agents foJ' Storyville in the Park (S1TP)
IN THE MA ITER OF PLANNING ACTION #20 I 0-01239, A REQUEST FOR
COMPREHENSIVE PLAN MAP AMENDMENT AND ZONE CHANGE FROM
SINGLE FAMILY RESIDENTIAL (R-I-7.5) TO COMMERCIAL DOWNTOWN
(C-I-D), PHYSICAL & ENVIRONMENTAL CONSTRAINTS REVlBW PERMIT,
TREE REMOVAL PERMIT TO REMOVE FlVE TREES, AND S1TE REVlEW
APPROVAL TO CONSTRUCT A 10,632 SQUARE FOOT CAFE-RESTAURANT
BUILDING FOR THE FOUR PROPERTIES LOCATED AT 59-85 WINBURN
WAY.
FINDINGS,
CONCLUSIONS,
AND ORDERS
RECITALS:
1) Tax lots #2500, #2501 and #3000 of Map 39 1E 09 BC and a portion of Tax Jot #100 of Map 39
IE 09 are located at 59-85 Winbum Way and are presently zoned Single Family Residential (R-1-7.5).
2) The applicants are requesting a Comprehensive Plan Map Amendment and Zone Change from
Single Family Residential (R-I-7.5) to Commercial Downtown (C-I-D), a Physical & Enviromuental
Constraints Review Permit, a Tree Removal Permit to remove five trees, and Site Review approval to
cons!l'uct a new 10,632 square foot cafe/restaurant for the four properties located at 59-85 Winbum Way.
Eventual development of the propelties will be govemed by a Development Agreement pursuant to the
provisions of ORS 94.504 through ORS 94.528, and will require Council approval. The request includes
placemenl of the properties within the Detail Site Review Zone and would subject it to all of the
standards thereof, as well as to the Site Design and Use Standards' Historic District Development
Standards. However, as pmt of the request the applicants have indicated that they are not proposing to
include the properly within the Downtown Design Standards Zone, as its standards seek a specific "Main
Street"-style of building design more appropriate to the downtown core than to this location on the
periphelY of the downtown, within the established Winburn Way streetscape and adjacenl to Lithia Park.
The proposed map amendment and associated building design and site improvements are outlined 011 the
plans on file at the Depaltment of Community Development.
. 3) The criteria for approval of Zoning Map Amendments Annexation are described in
18.106.060,B as follows:
Zone changes, zoning map amendments and comprehensive plan map changes subject to the Type III
procedure as described lit subsection A of this sect/on may be approved 1/ ilt compliance with the
comprehelts"'e plan and the application demonstrates that one or mOl"e of the following:
a. The change Implements a public lIeeel. a/her /halt the provlslolt of affordable houslllg, supported
by the Comprehensive Plan; or
PA #2010.01239
Jann.ry 11",2011
Page]
b. A subslall/lal challge In clrculI/slallces has occurred since Ihe exlsling zonlllg or Plan
designation was proposed, IIecessltatlng Ihe need 10 adjusllo Ihe chOllged cirCUII/Slallces; or
c. CII'culI/slances relallllg 10 Ihe genel'al public welfare e.rlsllhalrequlre such an aclion; or
d. Proposed increases in resideutlal zouing denslly resulllng from a change fl'om one zoning
dislricl 10 allolher zoning dlslI'lcl, will provide 25% of Ihe proposed base density as affordable
houslllg cOllsiSlell/lVllh Ihe approval slalldal'ds selforlh In 18.106.030(G);or
e. Increases ill residential zoning density of four units 01' grea/el' 011 commercial, employment 01'
Induslrial zoned lallds (i.e. Resldenllal Overlay), wlllnolnegallvely III/pacllhe City of Ashlalld~v
cOlI/lI/erclal alld Industrial land supply as required IlIlhe COII/prehenslve Piau, and will provide
25% of Ihe proposed base density as affordable houslllg conslslellllVllh Ihe approval slandards
selfol'lh 11118.106.030(0)
The 10101 number of a.fJordable IInlls described In secllons D 01' E shall be delel'mlned by
/'Oundlng down fracl/onal answers 10 Ihe nearesl whole IInll. A deed I'eslrlcl/on, 01'
similar legallnslrument, shall be IIsed 10 gllaranlee compliance with a.fJordable criteria
for a period of nolless Ihan 60 years. Secllons D and E do nol apply 10 cOl/ncil inillaled
acl/ons.
4) The criteria for appro~al of Site Review approval are described in 18.72.070 as follows:
A. All applicable Clly ordinances have been mel 01' 11'11/ be mel by Ihe proposed
developmenl.
B. Alll'eqllll'emenls oflhe Site Review Chapler have been mel 01' 11'11/ be mel.
C. The developmenl complies wilh Ihe Site Design Slandal'ds adopled by Ihe City Council
for implemenlalion q(lhis Chapler.
D. Thai adequale capacity of Clly facilities for 1I'al"; sewer, paved access 10 and Ihrollgh
Ihe developmenl, eleclrlelly, IIrban slol'm drainage, and adeqllale lransportation can and
will be provided 10 and Ihrollgh Ihe subjecl property. All Improvemenls illlhe slreelrlghl-
alway shall comply with Ihe Slreel Slandards In Chaplel' 18.88, P"formcmce Slandards
Options. (Ord. 2655,1991; Ord 2836S6, 1999)
5) The criteria for a Physico I & Envil'OlUllental Constraints Review Permit are described in AMC
Chapter 18.62.040.1 , as follows:
I. Throllgh Ihe appllcallon of Ihe developmenl slandal'ds of Ihls chaplel', Ihe pOlential
impacls 10 Ihe properly and nearby areas hm'e been considered, and adverse Impacls
have been minimized.
2. Thal,the appllcanl has considered Ihe pOlential hazards Ihal the developmenl may creole
and Implell/enled measures 10 mlt/gale the polenl/al hazards caused by the development.
3. That Ihe appllcanl has laken all reasonable steps to ree/llce the adverse Impact on the
environment. Irreversible actions shall be considered II/Ore serlollsly Ihall reversible
"'
PA #2010.01239
J ftlluary II "', 2011
Page 2
actions. The Staff Advisor 01' Planning Commission shall consider the existing
development of Ihe surrounding area, and the maximum permllled development pe/'mltted
by the Land Use Ordinance.
6) The criteria for a Tree Removal Pemlit arc described in AMC Chapter 18.61.080, as follows:
A. Hazard Tree: The Staff Advisor shall Issue a tree removal permit for a hazard tree If the
applicant demonstrates that a tree Is a hazard and warrants removal.
1. A hazard tree is a Iree that Is physIcally damaged to the degree that it Is clear
that It is likely to fall and Injure persons or properly. A hazard tree may also
Include a tree that is located within public rights of way and Is causing damage to
existing public or private ft/cl/ltles or services and such facilities 01' services
cannot be relocated 01' the damage alleviated. The applicant lIIust demonstrate
that the condil/on or locallon of the tree presents a clear public safety hazard or a
foreseeable danger of property damage to an existing structure and such hazard
01' danger C(lIlnot reasonably be alleviated by treatment or pmnlng.
2. The City may require the applicant to IIIltlgatefor the removal of each hazard tree
plllwuantto AMC 18.61.084. Such mitigation requirements shall be a condition of
approval of the permit.
B. Tree that is Not a Hazard: The Cily .rhall issue a tree removal permit for a tree that is not
a hazard If the applicant demonst;'ates all of the following:
1. The tree is proposed for removal in order to permit the application to be
consistent with other applicable Ashland Land Use Ordinance requirements and
standards. (e.g. other applicable Site Design and Use Standards). The Staff
Advisor may require the bul/ding footprint of the development to be staked to
allow for accurale verification of the permit application; and
2, Removal of the tree will not have a significant negative Impact 011 erosion, soli
stability, flow of slllface waters, protection of adjacenl trees, or existing
windbreaks; and
3. Removal of the tree will not have a significant negative Impact on the tree
densities, sizes, canopies, and species diversity within 200 feet of the subject
property.
The City shall grant (Ill exception to this criterion when alternatives to the tree
removal have been considered and no reasonable alternal/I'e exists to allow the
properly to be used as permitted In the zone. Nothing in this section shall require
that the residential density be reduced below the permitted density allowed by the
zone. In making this determination, the City may consider alternative site plans or
placement of structures or altemate landscaping designs that would lessen the
PA #2010-01239
Jannary 11 ili, 2011
. Page 3
Impact on trees, so long as the alternatives conl/nue to comply with other
provisions of the Ashland Land Use Ordinance.
4. The City shall require the appl/cant to miligate for the removal of each tree
granted approval pursuant to AMC 18.61.084. Such mil/gal/on requirements shall
be a condil/on of approval of the permit.
7) The Planning Commission, following propcr public nOlice, held a public hearing on November 9'h,
2010 at which time testimony was received and exhibits were presented, This hcaring was continued \mtil
December 14th, 2010 at which time addilional exhibits were presented and testimony taken. The Plarming
Commission approved the application, however with lhe approval the zone change was limited to the 85
Winburn Way lot and adjacent ice rink lot (a portion of Tax Lot #100). In addilion, the Conunission
drafted a number of recommendations to the City Council dealing with permitted, special pelmittcd,
conditional and prohibited uses of the site for inclusion in lhe Developmeut Agreement which are detailed
in the attached "Appendix A", The zone change requested for the remaining properties, includiug the city-
owned property containing Pioneer Hali and the ConulIunity Center, and the adjacent parking lot owned by
the Robel1s and Mattsons, was denied.
Now, therefore, the Plmming Conunission of the City of Ashland finds, concludes and recommends as
foliows:
SECTION I. EXHIBITS
For the purposes of reference to these Findings, the attached index of exhibits, data, and testimony
will be used.
Staff Exhibits lcttcrcd with an "S"
Proponent's Exhibits, lettered with a "P"
Opponent's Exhibits, lettered with an "0"
Hearing Minutcs, Notices, Miscellaneous Exhibits lettered with an "M"
SECTION 2. CONCLUSORY FINDINGS
2.1 The PI arming Conm\ission finds that it has received all infol1l1ation necessary 10 make a
decision based on the Staff ReP0l1, public hearing testimony and lhe exhibils received.
2.2 The Planning Commission finds that the proposal for a Comprehensive Plan Map
Amendment and Zone Change fi'om Single Family Residenlial (R-I-7.5) to Conunerclal
Downtown (C-I-D), a Physical & Environmental Constrainls Review Pel'mil, a Tree Removal
Pelmit to rcmovc five trees, and Site Review approval to constrnct a new 10,632 square foot
cafe/restaurant for the propel1ies located at 85 Winbul1l Way (the cafe lot) and a portion of the
PA #2010.01239
January 11th, 20 II
Page 4
adjacent Tax Lot # I 00 (the ice I'lnk Jot) meets all applicable criteria for a Comprehensive Plan Map
Amendment and Zone Change as described in Chapter 18,106, a Physical & Environmental
Constraints Review Petmit described in Chapter 18.62, a Tree Removal Permit described in
Chapter 18.61, and Site Review approval described in Chapter 18.72. .
2.3 The Plmming Commission finds finds that the applicants propose to change the subject
propelties; Comprehensive Plan Map and Zoning designations from Single Family Residential
(R-1-7.S) to Commercial Downtown (C-I-D), and that they request to include the pl'Ope11ies
within the Detail Site Review Zone and subject it to all of the standards thereof as well as the
Site Design and Use Standards' Historic District Development Standards. The Commission
further finds that the applicants are pl'Oposing not to include the property within the Downtown
Design Standai'ds Zone as they suggest that these standards seek a specific Main Street-style of
building dcsign which is more appropriate to the intense retail storefl'Ont development pattern on
the Plaza and within the downtown core than to this more transitional location within the park at
the periphery of the downtown, bordering on an historic residential neighborhood. The Planning
Commission further finds that the applicants are not requesting the Comprehensive Plan and
Zoning Map Amendments based on anyone specific criterion from the list of approval criteria,
but rather tlu'ough a combination of these critcria based on variolls relevant goals and policies of
the Comprehensive Plan.
The existing cafe use, while it has seemed to stl1lggle historically and more so with the declining
economy in recent years, is long-established as a Conditional Use on the basis that a significant
portion of its clientele were primarily visitors to the park and the downtown for wholllthe cafe was
a secondalY destination, thus generating fewer vehicle trips and lesser parking demand than a
similar stand-alonc rcstaurant might if it were to be a primary destination in and of itself, outside
the healt of the downtown. As such, the previously approved Conditional Use Pelmit required that
only seven automobile and seven bicycle parking spaces be required for 90 seats, representing a 16-
space parking Variance. The Commission fillds that re-zoning and re-developing the site as
proposed cOllld prove beneficial in that it would revitalize the cafe use while creating a much
stronger relationship with the Ice Rink, Pioneer Hall, Lithia Park and the Winburn Way streetscape.
The Commission finds that staff and a number of those providing written 01' oral testimony during
the hearing have raised the issue of potential impacts associated with adding the parking demand of
a 189 seat restaurllllt to the already heavy parking demand in this area of the downtown. The
Commission finds that the applicants have conducted an infOlmal parking study over the course of
the past year, and have concluded that while parking is in high demand later in the day and in the
evenings during the peak sununer season, parking demand gcncrally fluctuates seasonally,
tlu'Oughout the day based on lime, and also according to the weather conditions. The applicants
study also suggests that there is a lesser parking demand dlll'ing the winter months and that this
reflects the fact that there are fewer customers in the downtown, and that the presence of the cafe-
restaurant and associated improvements proposed by the applicants to enhance the Ice Rink could
serve to attract customers during what would othelwise be a period of lesser demand.
PA #2010-01239
Jalllla,y II~. 2011
Page 5
The Conmlission further finds that within the downtown setting, where the city seeks to provide a
high level of urban design where buildings and streetscapes are crafted to create a pedestrian
friendly enviromnent with storefi'ont continuity, an off.street parking requh'ement is not the best
option because the placement of parkhlg and circulation on site in these areas can work against
other adopted policy documents and established standards intended to keep designs human scale
and pedestrian fricndly. The COJrunission notes that this is an underlying reason behind there being
no off street parking requirement fOJ' projects within Ashland's existing downto;.VIl zone (C-l-D),
and as proposed with C-I-D zoning no pm'king would be required for the new restaurant/cafe,
The Commission finds that the intensity of the proposed cafe use and its associated impacts on
parking demand in the vicinity will be seasonal and will be limited to the degree that the cafe serves
as a secondary destination to downtown shopping, aSF, Lithia Pm'k and the adjacent ice dnk. The
. Commission fhrthe,' finds that during the periods of peak parking demand during the summer
season, the ice rink will be closed and its area available to provide additional pa,'king to address this
additional demand, The Conunission finds that, pa11iculm'ly within thc downtown, the need to
accOJrunodate cars cannot outweigh the bigger picture planning objectives of creating a human-
scale, pedestrian-friendly built envil'Orunent, and thaI in this instance the proposal for the cafe lot
and adjacent ice rink lot merit inclusion within the -D overly of the C-I district where there is no
off-street parking requirement for most uses, However, the Commission finds that the potential
parking impacts must be mitigated thl'Ough demand management measures to the greatest deg,'ee
possible and that there needs to be a substantial' effOJ1 on the pm1 of the applicants to encourage
non-automotive modes of transportation including bicycling, walking and transit by employees of
the cafe os well os its customers. The Commission finds that measures to this end should include
the development of an multi-modaltransp0l1ation plan which includes but is not limited to a staff
ride share coordinator as proposed by the applicants, free bus passes made available to employees
who request them, provisions for significant secure bicycle parking, with a portion of this pm'king
to be provided in a location suitable for employee use, and showers and lockers to serve bicycle
cOJrunuting employees,
The Commission finds that measures of this nature are likely to be pa11icularly effective given that
peak parking demand occurs at a time of year when the weather is most suited to the use of non-
automotive modes of transp0l1ation.
The Commission finds that the proposal addresses a public need and thus medts the pl'Oposed
Comprehensive Plan Map Amendment and Zone Change, More specifically, in addition to the
public and private amenities to be pl'Ovided by the applicants with the pl'Oposed development in the
form of improvements to the Pioneer Hall courtyard including a new seating wall to provide an
improved assembly space; the addition of a skating rink building which would include space for
public bathrooms, administrative offices, skate storage, and zanlboni parking, in addition to drop.
off space and plaza/courtyard spaces with seating for assembly and viewing the rink's various
recreational activities; widened sidewalks in various locations along Winburn Way bringing the
corridor more into compliance with Ashland's Street Standards; a Im'ge entry plaza at 85 Winburn
Way for assembly; and' an unloading zone for deliveries out of the main travel lane, the
PA #2010.01239
J.nu.ry 1I~, 2011
Poge 6
Commission finds that the project will serve to revitalize a long-languishing site nnd use and in the
process provide an engine for economic development, particularly through its potential to have a
strong positive economic impact on the surrounding area during the slower winter season.
The Commission ful1her finds that in assessing whether the proposal .addresses a public need, there
must be some consideration of its potential negative impacts, such as parking, weighed against its
benefits, including the various improvements to be provided and the potential for a positive
economic impact on the sun'o\mding area, in order to reach a determination that the proposal
ultimately will render public benefits which, when considered in sum, will outweigh any potential
negative impacts, The Commission finds that with regard to the 85 WinbuIn Way cafe lot and the
adjacent ice rink lot, the applicants have made a comprehensive evaluation of Winburn Way's pre-
existing uses and their relationships to Lithia Park, one another and the streetscape, and the
improvements they offer reflect a realization that in improving 1he streetscape, Pioneer Hall
com1yard, and the Ice Rink facilities, the proposal would have significant mutual benefits for the
applicants and the city and merits the requested re'zoning. However, the Conunission fm1her finds
that the application fails to address in sufficient detail or provide for a similarly compelling level of
consideration of the benefits and impacts of the re-zoning of either the RobertslMattsonlot 01' the
lot containing Pioneer Hall and the Community Centel', and the Commission's approval of the zone
change is accordingly limited to the caftllot at 85 Winburn Way and the adjacent ice rink lot.
The PllIIming COIllinission further finds that the use of this area of Winbmn Way has not
historically developed in keeping with the residential zoning designation. The City initiated the
first conunercialre-zoning with 1he re-development of 51 WinbuIn Way, and when the historic
development paltem of the block is considered along with the precedent begun by the City, the
block seems less than ideally suited to residential devclopmenl. With this in mind, the Commission
finds that the current residential zoning is inappropriate and that the caftl lot at 85 Winburn Way
and the adjacent ice rink lot should be I"C-zoned for cOlllinercial use as requested by the applicants,
The Commission finds that because uo residential units are proposed with the application, and
because the proposal involves a change in zoning from Single Family Residential to Commercial
Downtown, it will not negativel)' impact the City's commercial land supply.
2.4 The Planning Commission finds that the proposed building consists of a 10,632 square
foot caftl-restaurant with four levels: I) a 3,158 square foot basement not visible from the
exterior providing areas for storage, mechanical equipment, food preparation, bathrooms, a wine
cellar and potentially some dining; 2) a 3,965 square foot main floor with the building's primary
entrance as well as covered/heated outdoor assembly space for winter patrons; 3) a 3,148 square
foot upper floor primarily dedicated to dining and assembly space and including a covered and
heated outdoor deck to accommodate assembly of patrons to view the ice rink, as well as a larger
dining area for special !lvents or peak periods; and 4) a 361 square foot roof-top garden area with
a partially-covered observation deck for viewing Lithia Park while allowing natural light into the
building.
PA #20tO.01239
January II"', 2011
Page 7
The' Planning Commission finds that the proposed development will offer a nmnber of pedestrian
amenities in the form of wide sidewalks, spaced tree canopies, and covered and uncovered seating
space that are generally p!'Otected from the weather. The proposed building entrance sits 20 feet
from the p!'Opelty line and 31 feet from the back of curb, and is surrounded by smaller gablcd
volmnes which selve to create a semi-enclosed plaza space at the front of the building. Plaza space
is to be treated in a scored colored concrete consistent with City sidewalk standards within the
historic district, and outdoor dining and wanning areas are provided along the skating rink's north
edge to cement a relationship between the cafe and the adjacent ice rink. Outdoor plaza space for
the fi'Ont plaza and south ice rink plaza totals 1,300 square feet, exceeding the public space
requirements of the Detail Site Review Zone, and includes seating, a mixture of sun and shade
areas, protection fi'om wind and inclement weather, and outdoor eating areas,
The Planning Commission finds that whilc the proposed builcjing is appl'Oximate1y 125 feet long, it
includes two smaller gabled elements near the street which are intended to be respectful of the
pattern created by Pioneer Hall and thc Community Ceuter in providing a human-scale relationship
to the strectscape. These smaller elements provide distinctive changes in the building's fa~ade and
selve to delineate a plaza space near the building's main entry, A !'Ock veneer base on the smaller
gabled elements which bookend the front plaza gives way to glass used extcnsively around the
plaza space, drawing people to the main enlly, The use of windows and glass, which exceeds the
required 20 percent of the street-facing wall area, p!'Ovides natural light while seIVing to accentuate
a flnid relationship between the public and private spaces. The second floor elements are
cantilevered apPl'Oximately eight feet out over the entry and plaza area, providing pl'Otection fi'om
sun and rain for pedestrians. Additional assembly space on the main floor and second floor pl'Ovide
viewing areas for the ice rink.
The Commission finds that in addition to the Basic Site Review, Detail Site Review and Large
Scale Developmcnt Design Standards, because the project is within one of Ashland's Historic
Districts it must also be considered in tenns of the Historic District Development Standards which
call for consideration of building heights; scale, massing, setbacks, roof shapes, rhythm of openings,
platforms, directional expression, sense of entty, and avoidance of imitation of previous
architectural styles in building design to maintain a consistency with the long-established
underlying architectural themes of each district. The Planning Commission finds that while the
building is a large one and its design represents an iconic mixture of architectural styles, design
elements and materials, the unique physical constraints of the site and the nature ofthe building and
its proposed use selve to mitigate these issues, and the overall effect of the design is to create a
lodge-like building that is well-suited to the setting of Lithia Park. The Commission finds that
while the building is in a prominent location relative to the historic park, the physical conslraints of
the location including the Ashland Creek riparian conidor and Winbul'll Way street cOITidor to the
front, the steeply-sloped and heavily- treed hillside to the real', and skating rink/parking Jot to the
side mitigate the building's bulk, mass, scale and iconic nature by pl'Oviding a spatial buffer and
perceived separation fi'Om sm'l'ounding uses on threc ofits foul' sides, and that the applicants' cfforts
to integrate the site and its proposed improvements and uses with the Ice Rink, Pioneer Hall and
PA #2010.01239
Jan"RI)' II~, 2011
Page 8
Winbum Way pedestrian cOl1'idor are reflective of the unique role they propose to establish for the
building within lhe park and slreetscape.
The Commission finds that the proposed design works well in the context of Lithia Park, that the
site work and building design proposed will contribute to developing a stronger sense of place, and
that the stl'(:etscape creatcd will serve effectively to draw those who see it frolllnear the great lawn
in the park. The Commission finiher finds that the architectural model provided gives a strong
illustration of the proposcd building's suitability within the context of Lithia Park and Winburn
Way strcetscape, and that the model and cl'ass-section drawings when considered together largely
mitigate concems over any impacts to views of Granite Street neighbors above the project.
2.5 The Planning Conunission finds that a p01iion of the building's real' first floor encroaches
into hillside lands with severe constraints (due to slopes greater than 35 percent) in an area of
approximately seven feet by approximately 40 feet. The Commission fmiher finds that placement
of the building as proposcd will necessitate some veliical and near vertical cuts that will intrnde
minimally into the base of the bank. The Commission finds that there is approximately 280 square
feet of encroachment into the sloped embankment at the n01ihwest cornel' of the building with the
proposal, and that thel'C will no grading or fills placed on the hillside, which will eithcr rcmain in its
existing state 01', ifinterrupted, simply abut the proposed slmctul'C.
Based on site obselvations and knowledge of the development proposal, the project's geotechnical
expCli has. indicated that the site is snitable for the proposed development. The b\lildlng itself is to
be designed to retain the existing slope while stabilizing erosion with temporary shoring designed
by the pl'Oject geotedUlical expeli to retain the slopes during constmction. With the exception of
minor encroachments into the existing hillside to constlllct the rear retaining walls of thc proposed
building, development will occur within the footprint of thc existing shucture and adjacent parking
area. Orading, vegetation rem'oval, cut slopes, and shoring will be kept to the minimum necessary
to construct the real' retaining walls and foundation of the proposed building. The project
geotechnical expcrt has conducted preliminary gcological reconnaissance to detelmine that the
hillside is composed of highly weathered and fraclm'ed granitic bedrock, with local and thin
deposits of cemented alluvial deposits and man-made fill present to a lesser degree. Surficial soils,
where present, consist of silty sand, and no groundwatcr seepage was obselved dUl'ing field
obselvations. The flat lower portion of the site at the base of the hillside is assumed to consist of a
thin layer of man-made fill over natmal stream alluvium, which is composed in pali of potentially
velY large boulders. Groundwater is assumed to be less than ten reet deep and subject to seasonal
fluctuations. During thc gcoteclUlical expert's field observations, .bcdrock discontinuities were
obscured by vegetation as well as the presence of the existing building; demolition of the building
and vegetation removal will allow f\ll1her subsllI'face exploration to develop complete final
geotechnical recommendations, including soil engineering designs and foundation enginecring to
mitigate seismic hazards, stabilize the slope and provide protection for the proposed building, as
well as soil engineering conshuction obselvation and testing requirements for submittal with the
building permit application.
PA #2010-01239
January Il~, 2011
Page 9
The Commission finds the proposed encroachmcnt into severe constraints lands to be appropriate
given the shallowness of the buildable area of the lot in relation to the slope, Ihe minimal amount
of distUl'bance described in the application, and the geotechnical expert's observations and
recoJnllJendations.
2.6 The Planning COllJJnission finds that the four pines proposed to be removed, Trees #1-#4,
are ill-suited to placement on the south side of a building, and that the proposed removal of the
apple tree (Tree #9) from its localion within the canopy of the larger Oak (Tree # I 0) will reduce
competition for resources and thus bencfit the Oak while allowing for the installation of
necessary electrical facilities and a new seating wall planned for the Pioneer Hall courtyard, The
Commission further finds that the proposed removals will have no negative impaets on erosion,
soil stability, flow of sUl'face waters, protection of adjacent trees, existing windbreaks, or tree
canopy within 200 feet of the subject property, The Commission fmiher finds that with the two
trees (Trees #5 & #6) to be relocated from the circular planters within the sidewalk to a location
near the proposed skating rink building at the Nulley Street intersection, and the planting of II
mitigation trees to offset the five trees being removed, a more diverse canopy of trees will be
created on the site.
2,7 TIle Planning Commission finds that re-zoning ofthe site needs to be considered in light
of both the mutually-beneficial relationship between the proposed cafe and the existing buildings,
park, skating rink, and strcetscape which is at the core of the proposal and more broadly in terms
of the compatibility of potential future uses of the cafe building with the specific context of the
block as an area of transition between the more intense uses of the nearby downtown core and the
Skidmore Academy historic district on Gt'anlte Street, keeping in mhld the adjacent National
Register of Historic Places-listed Lithia Park with its riparian corridor and heavily-used
playground, the adjacent community-owned/family-oriented ice rink, . and the existing
public/institutional buildings. The Commission finds that simply allowing the uses pemlitted
elsewhere in the C- I -D district could in some instances cases pose significant concerns in terms
of site-specific contextual compatibility, The proposed Development Agreement provides a
mechanism to limit incompatible uses while giving both the city and the applicants a level of
assurance as to the potential for future transition to uses other than those cUl'renlly being
considered for the proposed building. The Planning Commission has accordingly made specific
recommendatiolls (aI/ached to these findings as Appendix A) to the City Council for inclusion in
the Development Agreement in order to insUl'e that any future uses of the proposed building are
Iimitcd to those app"opriate to the building's sitc-speeific context. Of particular note:
Nightclubs & Dal's: The Commission finds nightclub and bar uses to be incompatible
with this transitional location and its context within a National Register of Historic
Places-listed community resource like Lithia Park, adjacent to a family-orientcd
community ice rink, across from a playground and vety near an established historic
residential neighborhood, and they have accordingly been removed from the list of
PA #2010.0t239
January ll~, 2011
Page J 0
pelmitted uses which the Commission is recommending to Council for inclusion in the
Development Agreement. The Commission flll1her finds that alcohol could be served in
a restaurant use on the location provided that food service remains the primalY use and
focus, and that alcohol service or any potcntial entertainment component would remain
secondalY.
Hotels/Motels: The Commission finds that hotels and motels are among the' only uses
,requiring that off-street parking be provided within the C-I-D district. Given that the
applicants are proposing to construct the building with no room for on-site parking, the
Commission finds hotel or motel use would require a Variance, and fut1her finds that it
would be difficult to find such a Variance not to be self-imposed by the specifies of the
CutTent development proposal. The Conmlission accordingly recommends that hotels and
motels bc rcmoved from the conditionuluses allowed in.theDevelopment Agreement.
Medical Offices: The Commission finds that while medical offices are an outright
pelntilled use in the C- I - D district, they pose a concern in this location. Unlike many
other uses, medical office uses are typically primary destinations as patients are unlikely
to combine medical procedures with other downtown activitics. The Commission furthcr
finds that medical office uses typically bring a much more intense and constant parking
demand due to a higher number of employees. and a high-volume of patients rotating in
and out constantly through the day, with little seasonal fluctuation. The Commission
finds that while a medical office use ma)' work in this location under limited
circumstances, such a \ISe would need to be carefully considered given that it was likely
to be a primary rather than secondary destination, with higher parking demand and higher
volumes of patients and employees. The Commission has accordingly recommended
moving Medical Offices to a conditional use within the Development Agreement.
The Commission ft1l1herfinds that development of the site brings with it the potential for
significant impacts to the surrounding propel1ies including the adjacent park, skating rink/parking
lot, neighboring homes and businesses, and the Winbul'll Way streetscape, and that these impacts
must be carefhlly considered and addressed through the Developmcnt Agreement in 'order to
minimize disruptions. The Commission recommends that the Development Agreement be crafted
to .address not only a timeline for demolition and constlllction, but also its staging so as to avoid
unforeseen 01' extended dislllPtions to nearby circulation or parking, pat1icularly during the peak
season.
SECTION 3. DECISION
3.1 Based on the record of the Public Heuring on this malter, the Planning Commission concludes that the
proposal for a Comprehensive Plan Map Amendmcnt and Zone Change from Single Family Residential
(R-J-7.5) to Commercial Downtown (C-I-D), Physical & Environmental Constl"8ints Review Permit,
Tree Rcmoval Permit to remove five trees, Site Review approval to construct a new 10,632 square foot
cafe/restaurant, and a Development Agreement for the two prope11ies located at 85 Winbum Way and
. PA #2010.01239
JanuRlY 11~,2011
Page 11
the adjacent ice rink lot portion of Tax Lot 1/100 of Map 39 IE 09 is supported by evidence contained
within the whole record.
However, the Commission ful1her concludes that the evidence presented to merit a zone change for the
remaining propel1ies (the Roberts/Mattson parking lot, Community Center or Pioneer Hall) is inadequate
and fails to meet the burden of proof, and the request to change the zoning of those propel1ies is
accordingly denied. .
Therefore, based on our overall conclusions, and upon the proposal being subject to the followiug
conditions, we approve Plamling Action #20 I 0-01239 only for those two properties located at 85 Winburn
Way and the adjacent ice rink lot,poluon of Tax Lot 1/100 of Map 39 IE 09. Ftu1her, if any of the
conditions below are found to be invalid, for any reason whatsoever, then Plmming Action 1/20 10-01239 is
denied. The following m'e the conditions and they m'e attached to the approval:
I)
2)
That all proposals of the applicant shall be conditions of approval unless otherwise modified
here.
That the plans submitted for the building pcrmit shall be in substantial conformance with those
approved as pal1 of tltis application. If the plans submitted for the building permit are not in
substantial conformance with those approved as part of this application, an application to modify
this approval shall be submitted and approved prior to issuance of a building permit.
That a sign permit shall be obtained prior to installation of any new signage. All signage shall
meet the requirements of Chapter 18.96. .
The approved uses of the site shall be limited to those explicitly established in the Development
Agreement.
That prior to the submittal of a building permit:
3)
4)
5)
a) All easements, including p\lblie and private utility easements, mutual acccss easements,
public pcdcstrian access easements, and firefighter access pathway easements shall be
identified in the building permit submittals.
b) That a stormwater drainage plan shall be submitted for the review and approval of the
Planning, Buil<ling, and Engineering Divisions.
c) Engineered construction drawings for the improvements to Winbll1'n Way shall be
providcd for the review and approval of the Planning and Engineering Departments prior
to building permit submittal and prior to any work within thc strcet right-of-way or
pedestrian corridor, The final engineered designs shall include details for full-drop apron
wings where the sidewalk crosses the driveway to the Ice Rink. The applicants shall
obtain necess8lY Public Works permits and inspections for work to bc completed within
the public right-of-way; concrete color selection shall the standard approved color within
Ashland's Historic Districts.
d) A final utility plan for the projcct sbaH be submitted for the review and approval by the
Plmming, Engineering and Building Divisions prior to issuance of a building permit. The
utility plan shall include the location of connections to all public facilities in and adjacent
to the development, including the locations of water lines and meter sizes, sewer mains
PA #2010.01239
January llili, 2011
Page 12
e)
and services, manholes and clean-outs, stonn drainage pipes and catch basins. Utility
installations, including any necessalY fire proteclion vault, shall be placed outside of the
pedestrian corridor, and necessary public utility easements on the propelty shall be shown
on the building permit submittals.
The applicant shall submit an electric distribution plan including load calculations and
locations of all primalY and secondary services including transformers, cabinets and all
other necessary equipment. The plan shall address maintaining line truck access to the
tlu'ee-phase transformer free of any obstruclions including the trash enclosure, and shall
address how the existing services to the Comm\mity Center and Pioneer Hall are 10 be
relocated. This plan shall be reviewed and approved by the Planning, Building,
Engineering and Electric Departments pdor to building permit submittal. Transformers
and cabinets shall be located outside of the pedestrian con-idol', in those areas least visible
fl'Omthe street while considering the access necds of the Electric Depal1ment.
That exterior building materials and paint colors shall be compatible with the surrounding
area, and sample exlerior building colors shall be provided with the building permit
submittals for review and approval of the Staff Advisor, Bright or neon paint colors shall
not be used in accordance with Il-C-2f) of the Detail Site Review Standards.
That the windows on the ground floor shall not be tinted so as to prevent vicws from
outside of the bl)ilding into the interior of the building. The building plan submittals shall
also include specifications for treatment of the glllss on the central glass roof element
demonstrating that it shall not create glal'e to surl'Ounding propeI1;es.
11lat the building's foundation shall be designed by an engineer or architect with
demonstrable geotechnical design experience in accordance with 18.62.080.F, and a final
. comprehensive geotechnical investigation rep0l1 and specific soil engineering design
recommendations shall be provided along with written verification from the project
geoteclUlical expel1s addressing the consistency of the building pennit design submittals
with these geoteclUlical recommendations (e.g. foundation plan, gmding plan and
drainage plan, required geotechnical inspection schedule, etc.) with the building pennit
submittals.
That the applicants develop a construction timing, staging and circulation plan to
minimize impacts to nearby parking and circulation to thc greatest extent possible for the
review and approval of the Staff Advisor and Public Works Director prior to thc issuance
of a building permit.
f)
g)
h)
i)
6) That prior to the issuance of a building permit:
a) That the recommendations of the Tree ConUllission's November 4'1., 2010 meeting shall
be conditions of apPl"Oval where consistent with applicable standards and with final
approval by the Staff Advisor, and shall be incorporated into a revised Tree Preservation
and Pl"Otection Plan (if necessa.y).
b) That a Verification Permit in accordance with 18.61.042.B shall be applied for and
approved by the Ashland Planning Division pl'ior to the removal of the five trees to be
removed from the site or the two trees to be relocated, and prior to site work including
demolition, storage of matcrials and/or issuance of a building permit. The Verification
PA #2010.01239
JRnnary II'" 2011
PRgO 13
Permit is to inspect the identifications of trees to be removed and the installation of tree
protection fencing to protect the trees to be retained. The tree protection fencing shall be
installed according to the approved Tree Protection and Removal Plan, inspected and
approved by the Staff Advisor prior to site work including demolition 01' tree removal,
storage of materials and/or issuance of a building permit.
c) That the applicants shall obtain appl'Oval of a DemolitionlRelocation Permit t1uough the
Building Division and any necessary inspections associated with the demolition of the
existing structure.
d) The applicant shall pl'Ovide a revised Landscape/In'igation Plan which addressed the
Water Conserving Laudscaping Guidelines and Policies of the Site Design and Use
Standards, including irrigation controller requirements to allow multiplelflexible calendar
progranuning. The revised landscape plan shall include planting details for the green roof
with plant selections suited to Ashland's climate and consistent with the Water
Conserving Landscaping Guidelines.
e) All exterior lighting shall be appropriately shrouded so as not to permit direct
illumination of any adjacent land. Lighting details, including a scaled plan and
specifications detailing shrouding, shall be submitted to the Staff Advisor for review and
approval with the building permit submittals.
f) All mechanical equipment shall be screened from view from the Winburn Way
streetscape. The locations of mechanical equipment and any associated screcning shall be
shown on the site plan and elevations in the building permit submittals.
g) The requirements of the Building Division shall be satisfactorily addressed, Including btlt
not limited to requirements that the grease interceptor be relocated to an area where it can
be serviced during business hours and which is less susccptible to odor during servicing,
h) The requirements of the Ashland Fire Department shall be satisfied, including that all
addressing shall be approved prior to being installed; that an approved firefighter access
pathway be provided and maintained al'Ound the building; that adequate fire flow be
provided; that adequate clearance be provided al'Ound hydrants; that any gates, fences or
other obstructions which could impede fire access shall be identified on all plans for the
review and approval of the Fire Department; that high piled storage requirements be
addressed in the permit submittals, if applicable to the final pl'Oposal; that a fire
depal1meut connection aud key box be pl'Ovided; and that the trash enclosure not be
placed under combustible overhangs or witbin five feet of openings.
i) That the tree pl'Otection, erosion contl'Ol or shoring measures shall be installed according
to the approved plan prior to any site work including demolition, storage of materials,
issuance of an excavation permit and issuance of a building permit. The erosion control
measures shall be installed as identified in the geotechnical report. Tree protection,
erosion control and shoring measures shall be inspected and approved by the applicants'
geo-teclUJical engineer and the Staff Advisor prior to other site work, storage of materials,
the issuance of an excavation permit, and/or the issuance of a building permit.
7) That prim' to the issuance of a cel1ificate of occupancy:
a) That the screening for the trash and rec)'cling enclosure shall be installed in accordance
PA #2010-01239
January II", 20t 1
Page t4
with the Site Design and Use Standards, An opportunity to recycle site of equal OJ' grcatcr
size than the solid waste receptacle shall be included in the trash enclosure in accordance
with l8.72.115.B,
b) All landscaping and the irrigation systems shall be installed in accordance with the
approved plan, inspected and approved by the Staff Advisor prior to the issuance of a
celiificate of occupancy,
c) That street trees, one pel' 30 feet of street frontagc, shall be installed along the frontage of
the development in accordance with the approved final landscaping plan and prior to
issuance of the certificate of occupancy. All street trees shall be chosen fi'OJIl the adoptcd
Street Tree List and shall be installed in accordance with the specifications noted in
Section E of the Site Design and Use Standards, The street trees shall be i11'igated,
d) All public and private improvements, Including but not limited to the proposed
cafe/restaurant and ice rink buildings, sidewalks, drop-off areas, street trees, street
lighting, and Pioneer Hall comiyard improvements including thc seating wall shall be
completed in a mallller consistent with the approved plans and development agreement
prior to final occupancy approval. The ice rink support building shall accommodate all of
the uses noted (administrative office space, skate storage/rcntal, public restrooms and
zamboni garage) and be adequately sized to do so; shall be architecturally compatible
with the park, neighborhood and proposed cafe building; shall be designed with input
fl'Om the Parks and/or Historic Commissions; and its design development, land use
appl'Oval process, permitting and associated fees and charges, and construction of the
building shall be the solc financial responsibility of the applicants.
~n4na-wt..--
Planning Commission Approval
JanURlY 11th, 201 I
Date
PA #2010.01239
Jan.o,)' ll~, 2011
Page 15
APPENDIX A
PLANNING COMMISSION RECOMMENDATIONS
FOR INCLUSION IN THE DEVELOPMENT AGREEMENT
FOR 85 WINBURN WAY liCE RINK & CAFE LOTS)
Recommended List of Permitted Uses.
The following uses and their accessory uses are recommended to be permitted outright:
A. Professional, financial, and business offices, and personal service establishments such as
beauty and barber shops.
B. Stores, shops and offices supplying commodities or performing services, such as an anllque
shop, artists supply store, or non-chain department store.
C. Restaurants. {The Planning Commission asked that staff work with the applicants and
Council to clarify the Development Agreement to make clear that while nightclubs and
bars have Intentionally been removed from this list as Incompatible with this
transitional location and Its context within a National Register of Historic Places-listed
community resource lII<e Uthla Park, adjacent to a family-oriented community ice rink,
across from a playground and very near an established historic residential
neighborhood, It was anticipated that alcohol could and would be served In any
restaurant provided that food service remained the primary use and that alcohol service
or any potential entertainment component would remain secondary.}
D. Theaters, but not including a drive-in.
E. Manufacture or assembly of Items sold In a permitted use, provided such manufacturing or
assembly occupies six hundred (600) square feet or less, and Is contiguous to the
permitted retail outlet.
F. Printing, publishing, lithography, xerography, copy centers.
G. Temporary tree sales, from November 1to January 1.
H. Public and quasi-public utility and service buildings, and public parking lots, but excluding
electrical substations. '
Recommended List of Soeclal Perm IlIed Uses.
The following uses and their accessory uses are permitted outright subject to the
requirements of this section and the requirements of Chapter 18.72, Site Design and Use
Standards.
A. Bowling alleys, auditoriums, Skating rinks, and miniature golf courses. If parking areas are located
within 200' of a residential district, they shall be shielded from residences by a fence or solid vegetative
screen a minimum of 4' In height.
B. Residential uses.
1. At least 65% of the total gross floor area of the ground floor, or at least 50% of the total
lot area if there are multiple buildings shall be designated for permitted or special
permitted uses, excluding resldenllal.
PA #2010.01239
JanualY II"', 2011
rag. 16
2, Residential densities shall not exceed 30 dwelling units per acre In the C-1 District, and
60 dwelling units per acre in the C-1-D District. For the purpose of density calculations,
units of less than 500 square feet of gross habitable floor area shall count as 0.75 of a
unit.
3. Residential uses shall be subject to the same setback, landscaping, and design
standards as for permitted uses In the underlying C-1 or C-1-D District.
4. Off-street parking shall not be required for residential uses in the C-1-D District.
5. If the number of residential units exceeds 10, then at least 10% of the residential units
shall be affordabla. for moderate income persons In accord with the standards
established by resolution of the Ashland City Council through procedures contained
in the resolution. The number of units required to beaffordable shall be rounded down
to the nearest whole unit.
Recommended List of Conditional Uses.
The following uses and their accessory uses are permitted when authorized In accordance
with the chapter on. Conditional Use Permits:
A. Medical Offices {Medical offices are an outright permitted use In the C-1-D district;
Commissioners were generally concerned that unlike many of the other uses, medical
office uses are typically primary destinations (I.e. 8 patient Is unlikely to see a play,
have dinner, walk In the park, silop In tile downtown and then stop In for an Impromptu
medical procedure). In addition, these uees typically bring a much more Intense and
constant parlling demand due to a higher number of employees and a high-volume of
patients rotating In and out constantly through the day, with little seasonal fluctuation.
The Commission felt that a medical office use might work here under limited
circumstances but felt generally that sllch a use would need to be carefully considered
given that It was lII<ely to be a primary rather than secondary destination, with higher
parking demand and higher volumes of patients and employees.}
B. Temporary uses.
C. Outdoor storage of commodities associated with a permitted, special permitted or
conditional use.
D. Churches or similar religious institutions.
Prohibited Uses IAs ProlJosed bv the AlJlJllcantsl
The following uses are to be explicitly prohibited with this approval:
Formula or "chain" stores and restaurants are prohibited. For the purpose of this Development
Agreement, a formula store or restaurant Is a company with ten (10) or more store or
restaurant locations nationally, in addition to having two or more of the following
characteristics: "branded" trademark, merchandise, uniforms, fayade, sign age, decor and
color. If the formula or "chain" store or restaurant is based In Ashland as Its original or
"flagship" store or restaurant location, then the use shall be considered permissible under this
section. {The applicants noted that there was some possibility that they would open
PA #2010-01239
Jonllo,y 1 J~, 20 II
Page 17
another store elsewhere between the approval of the Development Agreement and
construction of the proposed building, and asked for some flexibility to ensure that
whether there was another store elsewhere or not that Ashland was considered their
flagship location. The Planning Commission had no objection to this flexibility.}
Helaht Limitations (As ProlJosed bv the AIJIJ/lcantsl
The following limitations on building height, which are more restrictive than those applied
elsewhere In the C-1-D district, would apply to the properties granted zone change with this
approval:
Structures which are greater than 30 feet in height, but less than 40 feet, may be permitted as
a conditional use unless approved as part of Planning Action #2010-01239. . The definition of
height shall be as defined in Section 18.08.290.
Alternative Transportation Mode Encouraaement Proaram
The applicants shall provide a multi-modal transportation plan which Includes but is not limited to a
stafl coordinator to coordinate ride shares, provide bus passes to employees who request them,
provide significant amounts of bicycle parking, and showers for bicycle commuters. {The Planning
Commission Indicated that they believed It was Important that the applicants do eV,erythlng
possible to encourage employees and customers to utilize alternative modes of transportation
as a means to mitigate a portion of the parking Impacts associated with the proposal. The
applicants stipulated that they would be willing to assign a staff member to coordinate ride
shares, provide bus passes to employees who wanted them, and do "everything within
reason" to encourage alternative modes.}
PA #2010.01239
Ja""a.y ll~. 2011
Page 18
130H 091
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JENNIFER A. BRIDGES
JEFFREy K McCOllUM
YASCHAR SARPARAST
EUGENE V. ANDERSON
-JDl1\~J~AAN
. -BRIDGES
ATTORNEYS AT LAW
SAM B. DAVIS. ReI"ted
SIDNEY E. AINSWORTH (1927-2003)
DONAlD M. PINNOCK - Retired
DAVID V. GilSTRAP. Retired
SUSAN VOGEL SAlAOOFF . FUMired
A Professional Corporation
. AIIIl Admitted III F'Jactiee in CA
Established 1953
515 EAST MAIN STREET
ASHLAND, OREGON 97520
(541) 482-3111 FAX (541) 488-4455
www.davlshearn.com
February 7, 2011
,
Via Email Transmission(thorntm@llsh/and.or.us)
Megan Thornton, City Attorney
City of Ashland
20 East Main Street
Ashland, OR 97520
RE: Development Agreement for Winburn Way
Planning Action # 2010-01239
Applicant: SITP, lnc,
Dear Megan:
Attached please find a "final" revision of the proposed Development Agreement
for Winburn Way (Ordinance Attachment 1), along with revised Exhibits A through F to
the Development Agreement; and the Planning Commission's Findings, Conclusions
and Orders dated 01/11/2011 (Ordinance Attachment 2 - at this point serving as a
placeholder for the Council's Findings, Conclusions, and Orders - which will be
substituted as Ordinance Attachment 2 after they are issued).
Creating a workable Development Agreement requires an ongoing give-and-take
process designed to address the mutually beneficial goals and aspirations of both the
City and the applicants, The revisions reflected in the enclosed Development
Agreement are based on ongoing discussions with Applicants, Applicants' planning and
design team, and City staff.
Applicants identify and discuss several important proposed conditions of
approval, as reflected in the Development Agreement's Exhibit 0 (Special
Conditions). In order to best identify and address these Special Conditions, ,I simply
copied the relevant text of applicants' proposed Special Conditions (Exhibit DJ; then
provided my comments derived from discussions with applicants, "Applicants',
comments" appear in italics below each of the proposed Special Conditions' reflecting
niodifications from those conditions reflected in the Planning Commission's
Recommendations ("Appendix A" to Planning Commission Findings, pgs. 16-18),
Page -2-
Megan Thornton
City of Ashland
Development Agreement for Winburn Way
February 7,2011
Please review my enclosure labeled: "Exhibit D with applicants' comments,
enclosure to Hearn's letter to City - 2/7/2011,"
As always, please feel free to contact me if you have any questions, or concerns.
Sincerely,
DAVIS, HEARN & BRIDGES, PC
(J.~- -
CHRISTIAN E. HEARN, OSS # 911829
chearn@davishearn.com
Enclosures: 1. Exhibit D with applicants' comments, enclosure to Hearn letter to City;
2, OLCC Administrative Rule (OAR 845-066-0460);
3. Development Agreement (revision 02-07-2011), with Exhibits A - F;
4. Ordinance Attachment 2 - Planning Commission Findings (provisional -
to be replaced by Council Findings as Attachment 2 to actual Ordinance)
cc: Bill Molnar, City Planning Director
Derek Severson, City Planner
Martha Bennett, City Administrator
Don Robertson, City Parks Director
Melanie Parks, Storyville Project Manager
Mark Knox, Urban Development Services, LLC (Applicants' consulting planner)
(Via email with enclosures)
DAVIS, HEARN
& BRIDGES
A Proll!luionaICorporotiOl1
515 EAST MAIN STREET
ASHlAND, OREGON 97520
(541) 482-3111 FAX (541) 488-4455
1 Exhibit D with applicants' comments, enclosure to Hearn's letter to City I 2/7/2011
EXHIBIT D
SPECIAL CONDITIONS
A. CONDITIONS APPENDED TO CITY PLANNING COMMISSION
APPROVAL DATED JANUARY 11, 2011:
I) That all proposals of the applicant shall be conditions of approval unless othelwisc modified
here,
2) That the plans submitted for the building permit shall be in substantial conformance with those
approved as part of this application, If the plans submitled for the building permit are not in
substantial conformance with those approved as pmt of this application, an application to modify
this approval shall be submitted Hnd approved prior to issuance of a building pelmit.
3) That a sign permit shall be obtained prior to installation of any new signage, All signagc shall
meet the requirements of Chapter J 8,96,
4) Thc approvedllscs of the site shall be limited to those eXplicitly established in the Development
Agreement.
5) That prior to the submilta! of a building pemlit:
a) All easements, including public and private utility easements, mutual access easements,
public pedestrian access easements, and firefighter access pathway easements shall be
identified in the building permit submittals,
b) That a stormwater drainage plan shall be submitted for the review and approval of the
Planning, Building, and Engineering Divisions.
c) Engineered construction drawings for the improvements to Winburn Way shall be
provided for the review and approval of the Planning and Engineering Departments prior
to building permit submittal and prior to any work within the street right-of~way or
pedestrian conidor. The final engineered designs shall include details for full-drop apron
wings where the sidewalk crosses the driveway to the Ice Rink, The applicants shall
obtain neeessal)' Public Works permits and inspections for work to be completed withiil
the public right-of-way; concrete color sclcction shall the standard approved color within
Ashland's Historic Districts,
d) A final utility plan for the project shall be submitted for the review and approval by the
Planning, Engineering and Building Divisions prior to issuance of a building permit. The
utility plan shall include the location of connections to all public facilities in and adjacent
to the development, including the locations of water lines and meter sizes, sewer mains
Exhibit OlD" to Ordinance Attachment 1
Development Agreement for Winburn Way
(Ordinance # _) (Planning Action # 2010-01239)
2 Exhibit D with applicants' comments, enclosure to Hearn's letter to City I 2/7/2011
~nd services, manholes nnd clean-ouls, storm drainngc pipes nnd catch basins, Utility
installalions, including any necessary fire protection vault, shall be placcd outsidc of the
pedestrian corridor, and necessary public ulility eascments on the properly shall he shown
on the building pennit submittals,
c) Thc applicant shall submit an electric distribution plan including load calculations and
locations of all primary and secondnry service., including IranslilJ'ffiers, eabiaets and all
other necessary equipment. The plan shall address maintaining Iinc Iruck access to the
tlu'ee-phase transformer frce of any ohstructions including the Irash enclosure, and shall
address how the existing services to the Community Center and Pioneer Hall are to be
reloeated, This plan shall bc rcviewed and appl'oved by the Planning, Dllilding,
Engineering and Electric Departments prior 10 building permit submittal. Transrormers
and cabinets shall he located outside of the pedestrian corridOl', in those areas leust visible
from thc street while considering the access needs of the Electric Department.'
I) Thai exterior building malerials and paint colors shall be compatible wilh tbe surrounding
area, and sample exterior building colors sholl he provided witb the building permit
submittals for review and approval of thc Staff Advisor, Bright or neon paint colOl~ shall
not be used in accordance with II-C-21) of the Detail Site Review Standards,
g) That the windows on the ground floor shall not be tintcd so as to prevent views from
outside of the building into the interior of the building, Thc boilding plan suhmittals shall
also include specilications for Irclltmenl (II' the glass on the central gloss roof element
demonstrating that it shall not ereatc glarc to surrounding properties,
h) 111at the building's foundation shall be designed by an engineer nr architect with
demonstmble geoleehnicul design experience in accordancc with 18.62.0BO,F, and a final
comprehensive geotechnical investigation repOlt and specific soil engineering design
recommendations shall he provided along with written verification from Ihe projcet
geoteehnicul expelts addressing the consistency of Ihe building penuit dcsign submittals
with these geotechnical recollJmcndutions (e,g, foundation plan, glading plan and
dminage plan, reqoired geotechnieul inspection sehedole, etc,) with the building pennit
submittals.
i) That the applicants develop a constroctinn timing, slaging alid circulation plan to
minimize impaets to nearby parking and circulntion 10 the greatest extent possiblc for tllC
review and approval of the Staff Advisor and Public Works Director prior to the issuance
or a building permit.
6) That prior to the issuance of a building permit:
a) Thai the reeommendntions of thc Tree Conunission's Novcmber 4'h, 2010 mceting shall
be conditions of approvnl where consistent with npplicable standards and with linal
approval by the Staff Advisor, and shall bc ineorporatcd into a revised Tree Preservation
and Protection Plan (if necessary),
b) That u Verifleation Permit in accordanec with 18,61.042,8 shall bc applied for and
approved by the Ashland Planning Division prior to the removal of the five trees to he
removed from the site 01' the two trees to "e relocated, and prinr to site work including
demolition, storagc of materials and/or issuancc of a building pcrmit. The Verification
Exhibit "D" to Ordinance Attachment 1
Development Agreement for Winburn Way
(Ordinance # _) (Planning Action # 2010-01239)
3 Exhibit 0 with applicants' comments, enclosure to Hearn's letter to City I 2/7/2011
Permit is to in~pectthe idenlificalion~ uf trees to be removed and tbe instalintion of tree
protection fencing to protect the trees to be retained. The tree protection fencing shall be
installed according to the approved Trcc I'rote,ction and Rcmoval Plan, inspected and
approved by the StalT Advisor prior to site work including demolition or tree removal,
storage of material, and/or issuance of a building pel'Jnit.
c) That the applicants shall obtain upproval of a Demolition/Relocation rennit through thc
Building Division and any neces~ary in~pcctions associated with the demolition of the
cxisting strllctllre,
d) The applicant shall provide a revised J.nndscnpellrrigation Plan which addressed thc
Water Conserving Landscaping Uuidelines and I'olieics of the Site Design and Use
Standards, including irrigation controller requirements to allow multiple/flcxible calendar
progranuning, The revised landscape plan shall inclode planting details for thc grcen roof
with plant selections suited to Ashland's climate and cunsistent with the Water
Conserving l.nndscaping Guidelines.
c) All cxterior lighting shall be appropriately shrouded so as not 10 permit direct
illumination uf any adjacent Jand. Lighting delails, including a scaled plan and
specifications detailing shrouding, shall be submitlcd to the Slaff Advisor for review and
appJlJval with Ihe building pennit submittals,
f) All mechanical equipment shall be scrcencd from view from tile Winburn Way
street"cape. The locations of mcchanical equipment and any associated screening shall be
shown on the site plan and elevations in the building permit submiltalA,
g) The requirements of the Building Division shall be satisfactorily addressed, including but
not limited to requirements that the grease intcrccptor bc relocated to an area whcrc it can
be serviced during business hours ami which is less susecptible tn odor during servicing.
h) The requirements of the Ashland Fire Depal1ment shall be satisfied, including that all
addressing shall he approved pdor to bcing installed; that an approved tirefighlcr access
pathway be provided and maintained around the building; that adequate tire flow be
provided; that adcquate clearance be providcd around hydrants; that any gates, fences ur
other obstructions which could impedc fire aeccss shall be idcntifled on all plans for the
l'Cview and approval of the fire Department; thai high piled storage I~quirements he
addrcsscd in thc permit submittals, if applicable to the finRI proposal; that a fire
department connection and key box bc provided; and that the trash cnclosurc not be
placed under combustible overhangs or within five feet of openings,
i) That the tree protection,' erosion control or shoring measures shall be installed according
10 the approvcd plan prior to any site work inc1nding demolition, slorage of materials,
issuance of an excavation pennitllnd issuance of a building pennie The erosion control
measul'CS shan bc installed as identified in the geotechnical report. Tree protectiou,
erosion control and shoring measmes shall be inspected and appl'Ovcd by the applicHnls'
geo-tecJmic.' engineer and the Stall Advisor prior to other site work, storuge of matcrials,
the issuance of an excavation pel'mit, andlor the issuance of a building permit.
7) That prior to the issuatlce of a cel1ifieate of occupancy:
a) That the screening fm thc tl'nsh and rccycling cnclosure shall be installed in accordance
Exhibit "D" to Ordinance Attachment 1
Development Agreement for Winburn Way
(Ordinance # _) (Planning Action # 2010-01239)
4 Exhibit 0 with applicants' comments, endosure to Hearn's letter to City I 2/7/2011 '
with the Site Design and Use Standards,' An opportunity to recycle site of equal or greater
size than the solid waste receptacle shall be included in the trash enclosure in accordance
with 18.72.lI5,B.
b) All landscaping and the irrigation systems shall bc installed in accordance with the
approved plan, inspected and approved by the Staff Advisor prior to the issuance of a
ce11ificaie of occupancy,
c) That street trees, one per 30 feel of streel fwntnge, shall be installed along the frontage of
the development in accordance with the approved final landscaping plan and prior to
issuance ofthe certificate of occupancy, All street trees shall be chosen from the adopted
Street Tree List and shall be installcd in, accordance with the specifications noted in
Section E of the Site Design and Use Standards, The street trees shall be illigated.
d) All public and private improvcments, ineluding but not limited io the proposed
cafe/restaurant and ice rink buildings, sidewalks. 'drop-off areas, street trees, street
lighting, and Pioneer Hall courtyard improvements including the seating wall shall be
completed in a marJIeI' consistent wi th the approved plans and development agreement
prior to final occupanc)' approval. The ice rink support building shall accommodate all of
the uses noted (administrative office space, skale storage/rental, public restrooms and
zamboni garage) and be adequately sized to do so; shall be architecturally compatible
with the park, neighborhood and proposed calc building; shall be designed with input
from the Parks and/or Historic Commissions; and its design development, land use
approval process, permiUing and associated fees and charges. and construction of the
building shall be the sole financial resJlonsibility of the applicants.
B. ADDITIONAL CONDITIONS APPROVED BY COUNCIL AND,
SITP AS PART OF DEVELOPMENT AGREEMENT FOR
WINBURN WAY:
8) Commencement of Improvements if Construction of City ice rink support
building or other improvements on City property are delayed. If final City
approval of the ice rink support structure, or other improvements to City property which
are be constructed by SITP under the Development Agreement, are delayed due to
circumstances beyond SITP's control, then SITP shall have the option of posting a
performance bond or other adequate security designed to cover the estimated cost of
construction of the ice rink support building or other improvements on City property,
and then to proceed with construction of the remainder of the SITP Project without
further delay.
Applicants' Comment: As previously discussed with staff, applicants' concern
necessitating this condition stems from the possibility that City's final
approval of the ice rink support structure might be appealed or otherwise
Exhibit "D" to Ordinance Attachment 1
Development Agreement for Winburn Way
(Ordinance # _) (Planning Action # 2010-01239)
~
.,
Exhibit 0 with applicants' comments, enclosure to Hearn's letter to City I 2/7/20] ]
delayed through no fault of applicants, causing collateral delay to
commencement of applicants' project. The above condition is designed to
allow applicants to move forward with construction of the approved
improvements on the SITP Parcel, upon posting a performance bond or other
acceptable security with the City to cover the total estimated cost of
constructing the City's ice rink support structure.
9) Easements for Construction, Maintenance and Security. It is contemplated
and agreed that City will grant to SITP a temporary construction easement to allow for
SITP's construction of the specified improvements on the City Parcels, along with
reasonable temporary storage of materials during the construction process. It is also
contemplated and agreed than a perpetual easement for reasonable maintenance and
security purposes will be granted by City to SITP, in a form to be agreed upon between
City's staff and SITP. The purpose of the perpetual easement for maintenance and
security is to allow SITP reasonable access a small portion of the northwest corner of
City's Ice Rink / Parking Lot Parcel, immediately adjacent to the SITP Parcel, to ensure
that SITP can maintain and provide reasonable security for the improvements to be
constructed by SITP on that small corner of the City's Ice Rink / Parking Lot Parcel.
Applicants' Comment: Applicants will obviously require a temporary
construction easement, in a form to be agreed upon between SITP's
contractor and City Staff, allowing SITP's contractor reasonable access to
City's Parcels for the purpose of constructing the improvements, temporary
storage of construction materials, etc. on the City Parcels {for Ice Rink /
Parking Pot Parcel improvements and courtyard improvements on the
Pioneer Hall Parcel}. As discussed with staff, applicants will also need a
perpetual easement for access to a small portion of the northwest corner of
the City's Ice Rink Parcel for ongoing maintenance and security purposes.
10) Sale of Food and Beverages on City Property. City agrees not to sell food
and beverages on the City Parcels which are the subject of this Development '
Agreement during hours that SITP or It successors or assigns are selling food and
beverages on the SITP Parcel.
Applicants' comment: Applicants previously discussed this proposed
condition with staff. It follows as a reasonable condition that, since
applicants are building a restaurant, and also proposing to construct an ice
rink support facility building for City, then City should not then be permitted
to sell concessions in competition with applicants on the same neighboring
property which applicants gratuitously improved for City and the public.
Exhibit "D" to Ordinance Attachment 1
Development Agreement for Winburn Way
(Ordinance # _) (Planning Action # 2010-01239)
6 Exhibit 0 with applicants' comments, enclosure to Hearn's letter to City I 2(7(2011
11) Permitted Uses (Revised from AMC 18.32.020). The following uses and their
accessory uses are to be permitted outright on the SITP Parcel as part of the
Development Agreement:
A. Professional, financial, and business and medical offices and personal
service establishments such as beauty and barber shops.
Applicants' Comment: Although the Planning Commission ultimately
chose to move ''medicar offices from the permitted use list (AMC
18.32.020), to the conditional use (AMC 18.32.030), Applicants would
like to retain medical offices on the list of permitted uses simply to
preselVe the long-term use and value of the property. It is foreseeable
that someday in the distant future the property might be recycled into
another use not at odds with the rezoning. The difference in
neighborhood impact between a medical office and a professional,
financial or business office is important to applicants in order to
preselVe the site and building's long-term aesthetics and integrity.
B. Stores, shops and offices supplying commodities or performing services, such
as antique shops, artists supply stores, or non-chain department stores.
C. Restaurants: Specially defined in this Development Agreement as
restaurants which may include the sale of alcohol as regulated by
the Oregon Liquor Control Commission (nOlCC") and compliant with
OlCC's "F-COM" On-Premises Commercial Sales License under OAR
845-006-0460. Accompanied minors and entertainment welcome
and permitted in restaurant during all hours of operation.
Applicants Comment: As noted in Planning Commission
Recommendations, "{The Planning Commission asked that staff
work with the applicants to clarify that while nightclubs and bars
have intentionally been removed from this list as incompatible with
this transitional location and its context within a National Register
of Historic Places-listed community resource like Lithia Park,
adjacent to a family-oriented community ice rink, across the street
from a playground and very near an established historic residential
neighborhood, it was anticipated that alcohol could and would be
selVed in any restaurant provided that food service remained the
primary use and that alcohol selVice or any potential entertainment
Exhibit "D" to Ordinance Attachment 1
Development Agreement for Winburn Way
(Ordinance # _) (Planning Action # 2010-01239)
7 Exhibit D with applicants' comments, enclosure to Hearn's letter to City I 2/7/2011
component would remain secondary.}" (Appendix A to the Planning
Commission Findings, pg, 16.)
In an effort to arrive at a mutually acceptable and more specific
description ("primary use" and ''secondary use" are unduly vague
and subjective) Applicants reviewed OLCC's Administrative Rule,
OAR 845-006-0460 (copy attached for your easy reference).' The
Rule was promulgated by OLCC in 2000 to more specifically define
the minimum food service requirements for commercial
establishments holding the standard "F-COM" on-site alcohol sales
license. Applicants' vision includes hosting family-appropriate live
musical entertainment for the enjoyment of patrons.
D. Theaters, but not including a drive-in.
E. Manufacture or assembly of items sold in a permitted use, provided such
manufacturing assembly occupies six hundred (600) square feet or less, and
is contiguous to the permitted retail outlet.
F. Printing, publishing, lithography, xerography, copy centers.
G. Temporary tree sales, from November 1 to January 1.
H. Public and quasi-public utility and service buildings, public parking lots, but
excluding electrical substations.
12) Special Permitted Uses (Revised from AMC 18.32.025). The following
uses and their accessory uses are permitted outright on the SITP Parcel as part of the
Development Agreement, subject to the requirements of this section and the
requirements of Chapter 18.72, Site Design and Use Standards:
A. Bowling alleys, auditoriums, skating rinks and miniature golf courses. If
parking areas are located within 200' of a residential district, they shall be
shielded from residences by a fence or solid vegetative screen a minimum of
4' in height. '
B. Residential uses.
1. At least 65% of the total gross floor area of the ground floor, or
at least 50% of the total lot area if there are multiple buildings shall
Exhibit "D" to Ordinance Attachment 1
Development Agreement for Winburn Way
(Ordinance # _) (Planning Action # 2010-01239)
B Exhibit D with applicants' comments, enclosure to Hearn's letter to City I 2/7/2011
be designated for permitted or special permitted uses, excluding
residential.
2. Residential densities shall not exceed 30 dwelling units per acre
in the C-1 District, and 60 dwelling units per acre in the C-1-D
District. For the purpose of density calculations, units of less than
500 square feet of gross habitable floor area shall count as 0.75 of
a unit.
3. Residential uses shall be subject to the same setback,
landscaping, and design standards as for permitted uses in the
underlying C-1 or C-1-D District. '
4. Off-street parking shall not be required for residential uses in the
C-I-D District. '
5. If the number of residential units exceeds 10, then at least 10%
of the residential units shall be affordable for'moderate income
persons in accord with the standards established by resolution of
the Ashland City Council through procedures contained in the
resolution. The number of units required to be affordable shall be
rounded down to the nearest whole unit.
13) Conditional Uses (Revised from AMC 18.32.030). The following uses and
their accessory uses are permitted on the SITP Parcel as part of the Development
Agreement when authorized in accordance with th~ chapter on Conditional Use Permits:
A. Temporary Uses.
B. Outdoor storage of commodities associated with a permitted, special
permitted or conditional use.
e. Churches or similar religious institutions.
D. Hotels and motels.
Applicants' comment: Although the Planning Commission's
Recommendations (Planning Commission Recommendations, Appendix
A at pg. 17) deleted hotels and motels applicants would like to see this
retained as a potential conditional use in the long-term future. The
City retains discretionary control over the approval and issuance of'
conditional use permits, so a hotel/motel use could never be installed
without City approval via City's conditional use process. If a hotel or
motel use is ever proposed for the building in the future, City would
Exhibit "0" to Ordinance Attachment 1
Development Agreement for Winburn Way
(Ordinance # _) (Planning Action # 2010-01239)
9 Exhibit 0 with applicants' comments, enclosure to Hearn's letter to City I 2(7(2011
retain complete discretion to deny the conditional use permit Further,
if the City determined that issuance of a conditional use permit for a
hotel or motel would require a variance due to parking requirements,
then that would serve as a basis for denial based on the specific
circumstances actually existing at the time any future conditional use
permit was pursued.
Also, as discussed above, the Planning Commisslon's
Recommendations (Appendix A, at pg. 170fthe Planning Commission's
Findings) included medical offices as a conditional use instead of a
permitted use under AMC 18.32.020.
14) Prohibited Uses. The following uses are expressly prohibited on the SITP
Parcel as part of the Development Agreement:
A. Formula Stores or Restaurants. Formula or "chain" stores and restaurants
are prohibited. For the purposes ofthis provision and as part ofthe
Development Agreement, a formula or "chain" store or restaurant is defined
as a store or restaurant owned by a company with twenty (20) or more
similar stores or restaurants. If the formula or "chain" store or restaurant is
SITP's use, or is based in Ashland as its original store or restaurant location,
then such use shall be considered permissible under this section.
Applicants' comment: Applicants previously proposed a slightly
different definition for the above prohibition against chain stores and
restaurants (See: Planning Commission Recommendations, Appendix A
to Planning Commission Findings, at pg. 17-18). The Planning
Commission Recommendations acknowledge: "{The applicants noted
that there was some possibility that they would open another store
elsewhere between the approval of the Development Agreement and
construction of the proposed building, and asked for some flexibility to
ensure that whether there was another store elsewhere or not that
Ashland was considered their flagship location. The Planning
Commission had no Objection to this flexibility.}" After proposing the
"flagship location" language, upon further reflection, applicants
stlvggled to find an objective definition of exactly what constituted a
"flagship location'~ Applicants believe the definition proposed above
meets both City's and applicants' concerns.
Exhibit "D" to Ordinance Attachment 1
Development Agreement for Winburn Way
(Ordinance # _) (Planning Action # 2010-01239)
1 () Exhibit D with applicants' comments, enclosure to Hearn's letter to City I 2{7{2011
B. Height Limitations. The following limitations on building height, which are
more restrictive than those applied elsewhere in the C-1-D district, would
apply to the properties granted zone change with this approval:
Structures which are greater than 30 feet in height, but less than 40 feet,
may be permitted as a conditional use unless approved as part of City,
Planning Action # 2010-01239. The definition of height shall be as
defined in AMC Section 18.08.290.
15) Alternative Transportation Mode Encouragement Program. As part of this
Development Agreement SITP shall encourage multi-modal transportation and
shall provide a multi-modal transportation plan which includes but is not limited
to a staff coordinator to coordinate employee ride shares, providing of bus
passes to employees who request them, providing a reasonable amount of bike
parking for employees and patrons, and providing lockers or similar storage
space for multi-modal employee commuters.
Applicants' Comment: Applicants are fully committed to encouraging
modal equity and alternative transportation as the long-term solution
to a variety of problems facing our existing cultural paradigm.
Applicants believe that the standard concept of simply providing "more
parking" is at conceptually at odds with the philosophy of encouraging
non-automotive transportation. It appears axiomatic that providing an
abundance of convenient automotive parking simply encourages
automobile use, thereby discouraging alternative modes of
transportation. Applicants also propose to provide lockers or similar
storage area for employees who utilize alternative transportation.
16) City Responsibility for Applicant-Constructed Improvements to City
Parcels upon Completion of such Improvements on City Parcels. Upon
completion of the improvements to be constructed by SITP on the City-owned
Parcels as set forth in the Development Agreement (receipt of certificate of
occupancy or similar final inspection approval of work or structures), City will
assume ownership and control of such improvements. City will maintain
adequate insurance and shall maintain such improvements on City property in a
clean and safe condition. City will maintain said improvements free from weeds,
graffiti, and blight. City shall also pile excess shaved ice collected by City's
"Zamboni" machine in a location which keeps parking spaces clear, and which
does not negatively impact the area's aesthetic attributes or create a publiC
safety haza rd.
Exhibit OlD" to Ordinance Attachment 1
Development Agreement for Winburn Way
(Ordinance # _) (Planning Action # 2010.01239)
11 Exhibit 0 with applicants' comments, enclosure to Hearn's letter to City 12/7/2011
Applicants' Comment: The above condition is mutually beneficial to
both City and applicants, and is designed to promote public health and
safety.
17) Systems Development Charges for Applicant-Constructed
Improvements to City-Owned Parcels. City will not levy systems
development charges ("SDCs") on SIT? in connection with the SITP-constructed
improvements to City's Parcels under the Development Agreement, including the
ice rink support building (i.e. structure housing "Zamboni" garage / skate rental
space / heated City office space / public restrooms on City property). This
condition partially modifies preceding Condition 7( d), above, with regard to City
fees and charges associated with SITP's construction of the ice rink support
improvements to be constructed by SIT? on City property.
Applicants' Comment: The above condition was generally discussed at
the Planning Commission meeting and met with suppoJt from
commissioners based on principles of fundamental fairness. It doesn't
seem fair for the City to levy SDCs on applicants in connection with the
poJtion of the project which consists of applicants building an ice rink
facility administration structure for City's benefit on City's properly.
Exhibit "D" to Ordinance Attachment 1
Development Agreement for Winburn Way
(Ordinance # _) (Planning Action # 2010-01239)
Oregon Liquor Control Commission
Oregon Administrative Rules
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c
OREGON ADMINISTRA TlVE RULES COMPILA TlON
CHAPTER 845. OREGON LIQUOR CONTROL COMMISSION
DIVISION 6. APPLlCA TlONS; REQUIREMENTS; RESTRICTIONS; PROffiBITED CONDUCT
DELIVERY OF WINE OR CIDER DIRECTLY TO RETAIL LICENSEES
Current through December 15, 2009 ~
"5-006-0460 Food Service at Commercial Establishment with Full On-Premises Sales License
(I) Purpose: The Oregon Liquor Control Act allows licensed commercial establishments -with food service to
sell distilled spirits by the drink. ORS 47/.001(2) defines a commercial establishment as a place of business
open to the general public, or else a private golf club or athletic club. where food is cooked and served. which
has adequate kitchen facilities for the preparation and serving of meals and which has for thaI purpose proper
dining space. This rule sels the food service requirements for commercial establishments with a Full On~
Premises Sales license. The applicant has lhe burden of proving it meets the standards and qualifications of this
rule and OAR 845-006.0466,
(2) Food Service at Required Meal Periods.
(a) A business open after 5:00 pm must make available to its patrons in all areas where alcohol service is
available an offering of at least five different meaJs during a regular meal period which must last at least
three hours. AI least three out of the five different meals used to meet the minimum meal requirement must
include a main course or entrée (substantial food item) which has been prepared or cooked on the
premises in some manner beyond the simple re.heating of a pre-<ooked frozen food or carry~oul item ob.
tained from a business other than the licensed premises. A business may have fewer than five different
meals. in the premises or in an area if the Commission determines that the clearly dominant emphasis in the
premises or in Ihe area is food service after 5:00 pm.
(b) A business not open after 5:00 pm must make available to its patrons in all areas where alcohol. service
is available an offering of at least five different meals during a required meal period which mustlasl at least
two hours. At least three out of the five differenl meals u~ed 10 meet the minimum meal requirement must
include a main course or entrée (substantial food item) which has been prepared or cooked on the
premises in some manner beyond the simple re~heating of a pre.cooked frozen food or carry.ou[ item ob-
tained from a business other Ihan the licensed premises. A business may have fewer than five different
meals in the premises or in an area if the Commission determines that the clearly dominate emphasis in Ihe
premises or in the area is food service before 5:00 pm.
(c) One method for showing that the clearly dominant emphasis in the premises or in the area is food service
is for the Commission to determine that the gross receipts from the sale of meals and substantiai' food items
10 patrons for consumption in the premises or in the area exceed or are reasonably expected to exceed the
gross receipLS from alcohol sales when alcohol service is available.
(3) Minimum Food Requirement at Times other than Required Meal Periods. At all times other than required
meal periods and in all areas where alcohol service is available, businesses must make available to their patrons
an offering of at least five different substantial food items.
@ 2011 Thomson Reuters. No Claim to Orig. US Gov. Vforks.
http://web2.westlaw.com/print/printstream.aspx?prft=HTMLE&rs=WL WII.OI &vr... 1/25/2011
Oregon Liquor Control Commission
Oregon Administrative Rules
OR ADC 845-006-0460
OAR 845-006.0460
OAR 845-006-0460 (pg.2)
, 'Page 2
Or, Admin, r, 845-006-0460
(4) Dining Seats during Required Meal Periods: The licensed premises must have at least 30 dining seals during
required meal periods. Seats at counters in entertainment areas and at bars as defined in OAR
845.oo6.0340(2)(i) do not qualify as dining seating, A premises may have less than 30 dining seals if the Com.
mission determines that the clearly dominant emphasis of the premises is food service as described in section
(2)(c) of this rule at all times and in all areas where alcohol service is available when open to the public.
(5) Violation of any section of this rule is a Category III violation.
$tat. Auth,: ORS 471, including 471.030. 471,040, 471.730(1) & (5)
Stats.lmplemented: ORS 471.175
Hist.: OLCC 19-2000, r. 12-6.00, cert, ef. 1.1-01; OLCC 12-2008,f. 10-13-08, cert, ef, 11-1-08
OAR 845-006-0460, OR ADC 845-006-0460
OR ADC 845-C06-0460
END OF DOCUMENT
to 2011 111omson Reuters. No Claim to Orig. US Gov. Works.
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Recordinq Requested By:
City of Ashland, Oregon
(Pursuant to ORS 94.528)
After Recording Mail To:
CITY OF ,ASHLAND
LEGAL DEPARTMENT
20 E. MAIN STREET
ASHLAND, OR 97520
WITH COPY TO:
CHRISTIAN E. HEARN, OSB i 911829
DAVIS, HEARN & BRIDGES,PC
515 E. MAIN STREET
ASHLAND, OR 97520
(This Space for County Recorder.Use)
DEVELOPMENT AGREEMENT
FOR WINBURN WAY'
This Development Agreement is entered into this
February, 2011, by and between the following Parties:
day of
(1) CITY OF ASHLAND, a municipal corporation and political
subdivision of the State of Oregon (hereinafter referred to as
ftCity"); and,
(2) SITP, INC., an Oregon corporation (hereinafter referred to as
ftSITP").
RECITALS
WHEREAS, the Parties to this Development Agreement own the parcels of real property
fronting on the west side of City's Winburn Way, and collectively stretching to the south
from City's existing Community Center and Pioneer Hall Buildings to the City Ice
Rink/Parking Lot at the corner of Winburn Way and Nutley Street (Assessor's Map #39-
lE-09BC, Tax Lots 2500,3000; and a portion of Map #39-lE-09, Tax Lot 100); and,
Ordinance Attachment 1 - DEVELOPMENT AGREEMENT FOR WINBURN WA Y
(OrdinanCe # ].iit,Lj~t:'H;i:;;'("Ci;:J\!,,'H;;) (Planning Action # 2010-01239)
Page -1-
WHEREAS, SITP's parcel at 85 Winburn Way is currently zoned for residential use (R-i-
7.5), but has been dedicated to commercial use since the 1950s; and,
WHEREAS, the Parties desire to comprehensively evaluate and carefully plan the future
development of their parcels along the west side of City's Winburn Way right-of-way;
and,
WHEREAS, the Parties seek to coordinate the design and construction of a variety of
public and private improvements and upgrades along the west side of City's Winburn
Way, including the following public improvements to City parcels:
City's Pioneer Hall (59 Winburn~Way; Assessor's Map #39-1E-09BC, Tax Lot
2500): Improvements to Pioneer Hall's outdoor courtyard, including a new seating
wall for improved assembly space, widened sidewalks along the parcel frontage
intended to encourage "street activation", and courtyard enhancements designed to
improve streetscape aesthetics and pedestrian mobility. '
City's Ice Rink/Parking Lot (Corner of Winburn Way / Nutley Street;
Portion of Map # 39-1E-09, Tax Lot 100): Improvements to City's ice skating rink
facility, including construction of an ice rink support building providing City
administrative office space, skate storage/rental, public restrooms, and a "Zamboni"
garage; improvements to the sidewalks along the skating facility's frontage; creation
of a safer "bump-in skater drop-off zone"; creation of an upgraded skate rink
plaza/courtyard space, with seating for assemblies, ice skaters, and spectators.
City's Winburn Way Right-of-Way: Improvements to City's Winburn Way right-
of-way, including widened sidewalks In appropriate locations constructed to meet
City's Street Standards and designed to ensure minimal negative effect on existing
street parking; an enlarged cafe entry plaza allowing public assembly and reflecting
architectural distinction; creation and implementation of an improved pedestrian
sidewalk plan incorporating pedestrian street lamps; planting of aesthetically pleasing
and environmentally appropriate street trees; and creation of a safer loading and '
unloading zone designed to better accommodate deliveries without blocking vehicular
and pedestrian travel; and,
WHEREAS, concerning the SITP Parcel at 85 Winburn Way (Assessor's Map # 39-1E-
09BC, Tax Lot 3000), SITP desires to replace the existing dilapidated and functionally
obsolete "Parkside Cafe" (aka "Creekside Cafe") structure with a unique new commercial
Ordinance Attachment 1 - DEVELOPMENT AGREEMENT FOR WINBURN WA Y
. ',,~f,:";',"l"""';;":':!'F':"',""":':"'" (I" )
(OrdlDance # "'"cc""'""""",,,,,,,,,,,,,,,,,,,,,,,,,) P anmng Action # 2010-01239
Page -2-
building (the new "Storyville in the Park" structure) exemplifying sustainable commercial
building and design standards, incorporating the latest "green development" technology,
and both designed and constructed to serve as a positive example for architects,
contractors and community leaders throughout the Northwest; and,
WHEREAS, in order to secure the necessary land use approvals and to construct the
envisioned public and private improvements for the mutual benefit of the Parties to this
Development Agreement and the community as a whole, in the form of upgraded,
enhanced, and improved facilities - both publiC and private - numerous City approvals
, and authorizations are required, including but not limited to:
. Comprehensive Plan Map Amendment - City's approval of a Comprehensive
Plan Map Amendment, changing the Parcels' Comprehensive Plan Map
designations for 85 Winburn Way and City's Ice Rink/Parking Lot from "Single
Family Residential" to "Downtown" (ALUO Chapter 18.108.060.B.)
. Zone Change - City's approval of a Zone Change by amending City's Zoning and
Land Use Control Map to reflect re-designation of the Parties' 85 Winburn Way
and Ice Rink Parcels from the current "R-1-7.5" zoning designation, to the more
appropriate "C-1-D" zoning designation (ALUO Chapter 18.108.060.B). (Proposal
includes extension of Detail Site Review overlay, but not the Downtown Design
Overlay.)
. Site Design and Use Review Permit - City's approval of a Site Review Permit
for a new cafe / restaurant building (ALUO 18.72 and relevant provisions of the'
City's Site Design and Use Standards).
. Physical &. Environmental Constraints ,Permit (Hillside) - City's approval of
a Physical & Environmental Constraints Permit, allowing development on lands
exceeding 25% slope (ALUO 18.62.040 and relevant provisions of ALUO
18.62.080).
. Tree Removal Permit - City's approval of a Tree Removal Permit to allow the
removal of five trees greater than 6" diameter at breast height ("dbhi') (ALUO
18.61.042.D); and;
Ordinance Attachment 1 - DEVELOPMENT AGREEMENT FOR WINBURN WA Y
(Ord' # \'Sii''"'''''';''l,,"';'''F'j'';;'';'',iiC') (PI . Act' # 2010 01239)
rnance ""'3"-~''',_"",,,,,,,.,., '0""',"" anmng Ion -
Page -3-
WHEREAS, due to the combined array City approvals necessary to plan, design, and
implement the described improvements to Parcels - the goals of promoting efficiency, '
implementing consistent planning objectives, and providing mutual certainty concerning
the nature and extent of improvements to be constructed and conditions to be imposed
- are all best achieved if City's various and sundry required public processes, approvals,
and conditions are "bundled" for comprehensive consideration and approval of the
project as a whole; and,
WHEREAS, the Parties agree that the statutory mechanism of a Development
Agreement pursuant to the provisions of ORS 94.504 through ORS 94.528 is the most
useful and efficient conduit through which to effectively bundle together and provide
consolidated review and action on the various City approvals necessary for the SITP
Project; and,
WHEREAS, the decision to enter Into a Development Agreement under ORS 94.504
through ORS 94.528 Is a negotiated legislative land use decision by City addressing the
, orderly and efficient development of land within City's boundaries; and,
WHEREAS, on November 3, 2009, City's Council reviewed SITP's general conceptual
proposal, and consented to SITP submitting an application to City's Planning Division
including proposed improvements to City Parcels; and,
WHEREAS, on or about September 20, 2010, SITP (through Its agent, Urban
Development Services, LLC) filed an application with City's Planning Division (Planning
Action # 2010-01239), which requested various City permit approvals as more
specifically set forth in the Application and the "Project Description & Findings of Fact"
submitted with it; and,
WHEREAS, on November 9,2010 and December 14, 2010, City's Planning Commission
considered Planning Action # 2010-01239 and reviewed a draft of this proposed
Development Agreement at a public'hearing held in accordance with the notice and
, advertising requirements of the City's Land Use Ordinance (Ashland Municipal Code, Title
18 - "ALUO") and the Oregon Revised Statutes ("ORS''); and,
WHEREAS, on January 11, 2011, City's Planning Commission issued Findings,
Conclusions, and Orders approving Planning Action # 2010-01239, subject to
enumerated conditions; and,
Ordinance Attachment 1 - DEVELOPMENT AGREEMENT FOR WINBURN WA Y ,
(d' # ,".i..,..'..'.."..,."......,;;.'..."..;,.,...,..) (I' '# 20 )
Or rnance ';"i"..',"..,.'."...'...."......'.{..'. P anmng Action 10-01239
Page -4-
WHEREAS, on January 18, 2011, City's Council voted to "call up" Planning Action
#2010-01239 pursuant to AWO 18.108,070,B.5, so as to consider both the underlying
Planning Action and this Development Agreement at a public hearing to be scheduled for
February 15, 2011.
WHEREAS, on February 15, 2011, City's Council considered this Development
Agreement, and Planning Action #2010-01239 at a public hearing held in accordance
with the notice and advertising requirements of the Ashland Land Use Ordinance, the
Oregon Revised Statutes [ORS 94,S13(2}]and local policies; and,
WHEREAS, on 2011, the City's Council deliberated concerning
this proposed Development Agreement for Winburn Way and Planning Action #2010-
01239, tentatively approving this Development Agreement, and associated land use
approvals requested in this Agreement and the Planning Action and issued Council's
Findings, Conclusions, and Orders (Ordinance Attachment 2); and,
WHEREAS ,.",.,..",..,.,.,.,.. ",.." 2011 th C'ty' C 'I'd ct d d d
, on ,,,.,,.,:.;,:.,.,.,....']'.,.,.,,,,..:." ",,",", e I s ounCl con u e an approve
the First Reading of an Ordinance declaring the approval of this Development Agreement,
and associated approvals as reflected in Planning Action #201O-01239;,and,
WHEREAS i'".\t!:::y')j;;:~,i~:1,:gi:..'0:\.'g'i{,.:?,', 2011 th C'ty' C 'I d ct d d ed th
, on .'''#i.d,'''..'''...."".,.,."..,.,.'"..,.., e I s ounCl con u e an approv e
Second Reading of an Ordinance approving this Development Agreement, and associated
approvals as reflected in Planning Action #2010-01239, with an effective date of
~i~~~~~~ti[~{1~~A~;~i~~'i:i.~f:~t~i~~~f~8;. 2011; and, .
WHEREAS, City's Council finds and determines that this Development Agreement is
consistent with City's Comprehensive Plan, the applicable provisions of City's Land Use
Ordinance (Ashland Municipal Code Title 18) and the relevant provisions of the Oregon
Revised Statutes (ORS) in effect at the time this Development Agreement is entered into
between the Parties, pursuant to ORS 94,508; and,
WHEREAS, pursuant to ORS 94.508(2), City has authority to enter into this
Development Agreement and to adopt a City Ordinance approving this Development
Agreement under the provisions of City's Charter, City's Land Use Ordinance, and ORS
94,504 through ORS 94.528; and,
r
Ordinance Attacftm.t!J.!t1,,~P,E.I!ELOPMENT AGREEMENT FOR WINBURN WA Y
(Ordinance # >>,:!'i!.)::LG""~ir~;{,ii/..i:c';) (Planning Action # 2010-01239)
Page -5-
WHEREAS, the adoption of City's Ordinance approving this Development Agreement,
and City's approval of the requested amendment to City's Comprehensive Plan Map ,
Amendment, the requested amendment to City's Zoning Map (Zone Change), the
requested Site Design & Review Permit, the requested Physical & Environmental
Constraints Permit (Hillside), and the requested Tree Removal Permit (City's Planning
Action #2010-01239), is fully supported by evidence in the whole record, specifically
including the evidence supporting the Findings of Fact, Conclusions of Law and Orders,
which are attached to the Ordinance approving this Development Agreement as'
"Ordinance Attachment 2" (Council's Findings, Conclusions, and Orders), which
are also fully Incorporated by reference and made a part of this Development Agreement
as though fully set forth verbatim herein.
NOW, THEREFORE, in consideration of the mutual promises and
performance obligations of each Party as set out in this
Development Agreement, City and SITP do hereby agree as
follows:
1.0. RECITALS AND EXHIBITS, The above Recitals are true and correct and are
incorporated herein by this reference, The following Exhibits are attached hereto and
are made a part of this Development Agreement and incorporated herein by this
reference: Exhibit A (Legal Description of Parcels); Exhibit B (Title Company'
Preliminary Title Report Certification); Exhibit C (Timetable for Development and
Construction of Improvements); Exhibit D (Special Conditions); Exhibit E (Approved
Site Plan); Exhibit F (Easements for Construction, Maintenance, and Security);
Ordinance Attachment 2 (Council Findings, Conclusions, and Orders).
2,0. INTENT AND PURPOSE. This Development Agreement is intended to facilitate,
control and manage the development of the SITP project and improvements to Winburn
Way within the City of Ashland. The Ordinance approving this Development Agreement
"bundles" the required City approvals for consolidated consideration, review, and approval
, as well as specifically enumerating the special terms, conditions and requirements '
associated with the development, including a timetable of development, negotiated and
agreed to by and between City and SITP.
3.0 LEGAL AND EOUITABLE OWNERSHIP. SITP, Inc" an Oregon corporation,
represents and warrants that it currently has a contractual option to purchase and, upon or
shortly after signing this Development Agreement and City's final adoption of the
Ordinance Attachment 1 - DEVELOPMENT AGREEMENTFOR WINBURN WA Y ,
(Ordinance #:'..,' "". "..... ..,:) (Planning Action # 2010-01239)
Page -6-
Ordinance implementing this Development Agreement, will be the fee owner of the real
property commonly known as 85 Winburn Way (Jackson County Tax Assessor's Map #39-
1E-09BC, Tax Lot 3000) ('SITP Parcel''). The legal description of the SITP Parcel is set
forth in attached Exhibit A and incorporated herein by this reference [ORS 94.528], City
represents and warrants that it is the fee owner of the parcel of real property at 59
Winburn Way, adjacent to the SITP Parcel, and commonly referred to as City's Pioneer
Hall/ Community Center Parcel (Jackson County Tax Assessor's Map #39-1E-09BC, Tax
Lot 2500)(City's Pioneer Hall Parcel"). The legal description of City's Pioneer Hall /
Community Center Parcel is set forth in attached Exhibit A and incorporated herein by ,
, this reference [ORS 94.528]. City represents and warrants that it is also the fee owner of
the real property located on the corner of Winburn Way and Nutley street, adjacent to
the SITP Parcel, and commonly known as City's Ice Skating Rink/Parking Lot Parcel (a
portion of Jackson County Tax Assessor's Map #39-1E-09, Tax Lot 100). The legal
description of City's Ice Skating Rink / Parking Lot Parcel is set forth in attached Exhibit
A and incorporated herein by reference [ORS 94.528].
4.0. DEFINITIONS,
4,1. "SITP, Inc," means SITP, Inc., an Oregon Corporation; and its successors and
assigns,
4.2, "ALUO" means lltle 18 of the Ashland Municipal Code ("AMe''), known as the City's
"Land Use Ordinance", as defined in Ashland Municipal Code Section 18.04.010.
4.3, "Agreement" means this Development Agreement, entered into between the Parties
pursuant to ORS 94,504 through ORS 94.528.
4.4, "Applicant" means SITP, Inc" and its agents, successors and assigns.
, 4.5. "City" means the City of Ashland, Oregon.
4,6. "Council" means the City of Ashland's City Council and Mayor.
4.7. "Planning Commission" means the City of Ashland's duly appointed Planning
Commission,
4.8 "Pioneer Hall Parcel" and "Pioneer Hall/ Community Center Parcel" mean City's
parcel of real property located at 59 Winburn Way, developed with the existing Pioneer
Hall and Community Center buildings, and identified as Jackson County Tax Assessor's
Map #39-1E-09BC, Tax Lot 2500 (adjacent to and immediately north of the SITP Parcel),
See legal description in attached Exhibit A.
4.9, "Ice Rink! Parking Lot" means City's Parcel on the corner of Winburn Way and
Nutley Street, and consisting of the portion of Jackson County Tax Assessor's Map #39-
1E-09, Tax Lot 100 which lies immediately to the north of City's Nutley Street right-of-
way, immediately to the east of City's Winburn Way right-of-way, and immediately to the
south of the SITP Parcel. See legal description is attached Exhibit A.
Ordinance Attachment 1 - DEVELOPMENT AGREEMENT FOR WINBURN WA Y
"~""",,,"".'''<'-.,~,..,,,..,..-,.,,,.,;,,.....-,-'-,,-..''- ..
(Ordinance # .."..,...'.,.,,''''''',..,..'..,'..,',.,...') (Plann'lng Action # 2010 01239)
~;.i ,:":,;:<,~:;,,,-,"i"'!} ,;:'; ":~(",~,.',:", -::";'.: "" ;,_ -
Page -7-
4.10. "Comprehensive Plan" means the City of Ashland's Comprehensive Plan, as
amended,
4.11. "ORS" means the Oregon Revised Statutes, as amended.
4,12, "Owner" means SITP, Inc., and its successors and assigns.
4.13. "Project" and "SITP Project" mean the herein-proposed SITP, Inc. commercial
"Storyville in the Park" building project and related improvements proposed and
approved by City pursuant to the terms and conditions of this Development Agreement,
as described in the record, and as reflected in SITP, Inc.'s Project Description & Findings
of Fact, as amended in the record, submitted by SITP, Inc. through its agents in
connection with this Development Agreement and related City Planning Action #2010-
01239 .
4.14, "SITP Parcel" means the parcel of real property commonly known as 85 Winburn
Way (Jackson County Tax Assessor's Map # 39-1E-09BC, Tax Lot 3000) currently
improved with the "Parkside Cafe" aka "Creekside Cafe" building, and subject to an
option to purchase between SITP, Inc, and Maya R, Viknius, and under which SITP
warrants it will close escrow and take fee title upon final adoption by City of City's
Ordinance implementing this Development Agreement. See legal description in attached
Exhibit A,
4,15. "Parties" means the parties to this Development Agreement: SITP, Inc. and City of
Ashland and their successors and assigns.
4.16, "AMC" means the City of Ashland's Municipal Code, as amended,
5.0 RESERVED
~ DEVELOPMENT PLAN USES. DENSITY. INTENSITY. HEIGHT.
[ORS 94.504(2) (b) (c) (d)]
The Parties agree that the SITP Project will be undertaken and carried out in accordance
with this Development Agreement and with the following [ORS 94.504(2)]:
6.1 The permitted development uses, maximum densities, intensities, building height,
, and dimensions permitted for the SITP Project shall be those speCifically set forth below '
and as depicted on the approved building plans (engineering construction approval) and
associated permits:
Density or Intensity:
Project density and lor intensity shall be consistent
with that reflected in City's AWO, and specifically City's
ALUO provisions relating to City's C-1-D Retail
Ordinance A~chl11ent 1 -DEVELOPMENT AGREEMENT FOR WINBURN WA Y ,
(Ordinance # :":':"];;:;':'"><..,,,:>) (Planning Action # 2010-01239)
Page -8-
Commercial District as set forth in ALUO Chapter 18.32
and as reflected in STIP's "Project Description &.
Findings of Fact", as amended during the course
of developing the record in City's Planning Action
#2010-01239, which is incorporated herein by
reference and made a part hereof,
, Maximum Height: Not to exceed 40 feet as per ALUO 18.32.040,B or ALUO '
18,32.050.8.; however, the attached Special
Conditions set forth in attached Exhibit D may further
restrict building height.
Maximum Structure Size: (No structure size limit per se), The construction of all
structures within the Project shall be governed by the
size and dimension criteria relevant to City's "C-1-D"
Zoning District set forth in ALUO Chapter 18.32, this
Agreement, and SITP's Project Description & Findings
of Fact, as amended during the course of developing
the record in Planning Action #2010-01239,
Permitted uses of property: The permitted uses of the SITP property shall be those
reflected in Oty's C-1-D zoning district, as reflected in '
ALUO Chapter 18.32, except as modified by the terms of
this Development Agreement and its attached Exhibit
D (Special Conditions); by SITP's Project Description
& Findings of Fact, as amended during the course of
developing the record in Planning Action #2010-01239;
and by Council's Findings, Conclusions, and Orders
(Ordinance Attachment 2). When not specifically
addressed, the uses, standards, regulations, limitations
and restrictions are those generally applicable to City's
C-1-D zone, as reflected in ALUO Chapter 18.32.
With regard to the permitted uses, density and
intensity. of uses, and other aspects of' the
development requirements pertaining to the SITP
Ordinance Attachment 1 - DEVELOPMENT AGREEMENT FOR WINBURN WA Y
. r~':i''..Y;~.;'';:'~~"'~''-::';:,'i:,;;,~\>l,;::;:''?\'::;'f_ . .
(Ordinance # 0";H"';:H':!'';'';:'~'o;:",;;,,;,) (Planning Action # 2010-01239)
Page -g-
Project the following are incorporated herein by
reference: 1. The other provisions of this Agreement; .
2. The Project Description & Findings of Fact
submitted with the Application in Planning Action
#2010-01239, as amended during the course of
developing the record in said Planning Action; 3. The
Special Conditions attached hereto as Exhibit D;
4. the City Council Findings of Fact, Conclusions of Law
and Orders concerning the development (Ordinance
Attachment 2); and,S. The provisions of ALUO
Chapter 18.32, as amended, except as expressly
modified by the foregoing.
6.2 It is agreed and understood that, unless otherwise expressly stated in this
Development Agreement, the provisions of the City's Municipal Code, City's ALUO, City's
Comprehensive Plan, and City's other rules and policies governing development of land ,
were applied by City in considering and entering into this Development Agreement, to
the extent such Code provisions, Ordinances, Comprehensive Plan provisions, rules and
policies existed on the date of this Development Agreement. [ORS 94,518],
(a) It is agreed and understood that the development of SITP's Project will be
undertaken and carried out in accordance with this Development Agreement, SITP's
Project Description & Findings of Fact, as amended, and City's civil engineering
approval (construction plans) and applicable construction permits" and associated
City approvals, as officially approved or to be approved and adopted by, the City,
and in compliance with the approved general timetable of development.
(b) It is agreed and understood that the development authorized by this
Development Agreement will Include no actual physical commencement of
construction until Final Approval of Final Civil (Engineering) Plans and Specifications,
and that such plans shall comply with relevant building codes and ordinances, ,
including engineering standards then in effect, and shall also conform with and be
accomplished pursuant to this Development Agreement and the approved Site Plan,
a copy of which is attached hereto as Exhibit E (Approved Site Plan), which is
incorporated herein and made a part of this Development Agreement b y this
reference. .
(c) It is agreed and understood that the development of the SITP Project shall
Ordinance A~chn7e.'7.U,.~. DEVELOPMENT AGREEMENT FOR WINBURN WA Y ,
(Ordinance # ~i\.1ii;i',,;j:,.,i'z};;';i:.') (Planning Action # 2010-01239)
, Page -10-
be accomplished in accordance with the Site Review Permit, Physical &
Environmental Constraints Permit (Hillside), and Tree Removal Permit issued by
City, in addition to construction plan authorization and applicable construction
permits to be approved by City's Engineering Department, in accordance with such
laws, ordinances and regulations (including engineering standards) as were in effect
at the time the Application was deemed complete (September, 2010),
6.3 The Special Conditions and requirements adopted or imposed by the City in the
, process of the approval of the SITP Project are set forth In Exhibit D (Special
Conditions), These Special Conditions are also reflected in the Council Findings,
Conclusions and Orders (Ordinance Attachment 2). The Special Conditions shall be
adhered to by SITP,
7.0 TIMETABLE OF DEVELOPMENT AND PHYSICAL COMMENCEMENT.
[ORS 94.504(4)]
The timetable for development, including commencement and completion dates, as
officially approved and adopted by the City and agreed to by Owner, are described and
shown in Exhibit C (Timetable for Development and Construction of
Improvements) [ORS 94.504(4}], attached hereto and made part of this Development
Agreement by this reference, The TImetable shall be adhered to by the Owner.
Notwithstanding the above, it is expressly understood that all timetables set forth herein
shall be tolled during any LUBA or subsequent appeal or remand of this Development
, Agreement and any associated approvals as set forth in attached Exhibit C; and also that
the TImetable may be modified by mutual consent of the Parties, City's consent to such
modifications of the TImetable may be approved through City's Type I ministerial review
process.
8.0 VESTED RIGHTS.
8.1 Except where specified in this Agreement, the Owner shall have the right to develop
the SITP Parcel in accordance with applicable laws, ordinances and regulations, the
provisions and requirements of this Agreement, and the approved Final Civil Plans
(engineering construction plan) and permits,
8.2 There shall at all times be adherence to the provisions of this Development
Agreement and the approved construction plans and permits. Material failure to comply
with any such provisions or requirements shall be deemed a breach of this agreement.
Ordinance Attachment 1 - DEVELOPMENT AGREEMENT FOR WINBURN WA Y
(Ordinance # ~1i~':'j,~f~a;Wj;'/Jjj::ii~",i;i:!j':;{) (Planning Action # 2010-01239)
Page -11-
, Any change or amendment to this Agreement, construction plans or permits can only be
made in accordance with such laws and ordinances as may be in effect at the time of such
Amendment or change, The limitations and restrictions imposed on local governments by
ORS 92,040 are expressly understood to be inapplicable to material changes or
amendments to the above-referenced approvals.
8.3 Notwithstanding the timetable of development, and subject to unilateral reasonable
amendment by the City to address then current public health, safety and welfare
regulations, in the event that all or a portion of the SITP Project should be destroyed by a
storm, fire or other common disaster, the Owner, its grantees, successors or assigns
and/or the Association(s), shall have the right to rebuild and/or repair so long as there is
compliance with the approved construction plans and permits, as the same -may be
formally amended from time to time,
9.0 DURATION OF AGREEMENT AND CONTINUING OBLIGATIONS.
, [ORS 94.504(2) (a)]
The duration of this Agreement commences upon Ordinance adoption, execution and
effectiveness and terminates on or about March 15, 2018 (the actual date of termination
being seven (7) years from the effective date of this Development Agreement).
Termination at the conclusion of the seven (7) year duration of this Agreement only
terminates the authorization to engage in physical construction and development of the
SITP Project, This Agreement remains in full force and effect after the expiration of the
seven (7) year term to the extent that this Agreement reflects the development approval
and authorization for the completed SITP Project, including any continuing maintenance
obligations and easements, The running of the seven (7) year effective date of this
Development Agreement is tolled in the event any appeal(s) is / are filed in connection with
this Development Agreement, the related City Ordinance, or Planning Action #2010-01239.
If an appeal is filed, then the commencement date of the seven (7) year duration of this
Agreement Is tolled until the appeal is fully and favorably resolved, as set forth in attached
Exhibit C,
10.0. PROVISIONS FOR RESERVATION OR DEDICATION OF LAND FOR
PUBLIC PURPOSES. [ORS 94.504(2)(e)]
10.1. Offsite Public Improvements and Infrastructure. Except where the
Timetable of Development (Exhibit C) or Special Conditions (Exhibit D) expressly provide
otherwise, Owner shall construct all required improvements and provide any required
Ordinance Attachment 1 - DEVELOPMENT AGREEMENT FOR WINBURN WA Y
( d 'co"""',...,",."..,"'..,"',.'.,',.,..,...,..,) (PI ' A i 10 01239)
Or Inance # ""'"""..",':',;""..,,,"".,.,',,,,.,,..',,. annmg ct on # 20 -
Page -12-
dedications to the City prior to, or concurrent with, the development of the SITP Project.
As set forth in attached Exhibit D (Special Conditions) under certain circumstances set City
, may allow SITP to post a performance bond or other security adequate to cover the
estimated cost of any improvements to City Parcels, public rights-of-way, permanent
easements, dedications, and public facility improvements, including speCifically but not
limited to, utility easements, public streets, rights-of-way, the ice rink facilities building,
and other improvements, as are necessary to implement the approved SITP Project '
described in Planning Action #2010-01239 and this Development Agreement, including
, the civil engineering plans to be approved, to fully address and implement all the public
facility and service needs of the development. Any easements, dedications and
improvements shall be in a form approved by the City Public Works Director and City
Attorney and shall be recorded after approval and acceptance by the City, The dedications,
including but not limited to any easements, public rights-of-way and public improvements
shall be provided by the Owner at no cost to the City of Ashland, unless otherwise set forth
in this Development Agreement and Exhibits,
10.2. Grant of Easements to SITP bv City for Construction. Maintenance and
Security Purposes (Exhibit Fl. City will grant to SITP, for the purposes of construction,
maintenance and security, a temporary construction Easement over City property as
deemed necessary and appropriate for execution of the SITP Project, including construction
of related public infrastructure and contemplated SITP-constructed improvements to City
Parcels. The Easements attached as Exhibit F will also include a perpetual easement .
granted to SITP over a the small northerly portion of City's Ice Skating Rink/Parking Lot
Parcel, where SITP is to install improvements to City's Ice Rink Parcel, for purpose of
reasonable maintenance and security. The form and scope of said Easement is or will be
attached as Exhibit F (Easements for Construction, Maintenance and Security)
and made a part of this Development Agreement. The detailed technical terms and
conditions of such Easements for Construction, Maintenance and Security (Exhibit F) are
ministerial in nature and may be drafted and approved by City's Planning Division staff, in
consultation with City's Legal Department and the Owner, in order to accomplish the
objectives of this Development Agreement.
11.0 SCHEDULE OF FEES OR CHARGES. [ORS 94.504(2) (f)]
Except as otherwise set forth below and in Exhibits to this Development Agreement, all
development authorized in connection with the SITP Project is subject to payment of any
applicable System Development Charges (SDCs) and utility fees and charges at the
applicable trigger times, usually building permit issuance, as specified in City's SDC
Ordinance Attachment 1 - DEVELOPMENT AGREEMENT FOR WINBURN WA Y
(0 d' # "'j.,"',."""",.",,:.,.,..,,',..,.;'.....,.) (PI ' A' # 20 239)
r rnance <",.."i;".'"."d'.j;......'''i'.''''{U'', annlng ctlon 10-01
Page -13-
, ordinances and other codes in effect at the time development occurs. SITP is entitled to '
an offset in the form of SDC credits to the extent that the SITP Parcel is currently Improved
with an existing restaurant building with 90 seats (Conditional Use Permit and Variance for
existing "Parkside Cafe" aka "Creekside Cafe" structure), and the development on the SITP
Parcel will replacement of that existing structure, This Development Agreement does not
freeze or otherwise fix the SDC charges for development referenced herein,
Notwithstanding the above, SITP will not be required to pay SDCs associated with
construction of improvements to City's Parcels (specifically, the ice rink support ,structure
housing the administrative office space, skate storage / rental space, public restrooms, and
"Zamboni" garage);' because SITP is constructing these improvements for City ownership
on City property,
12.0 RESPONSIBILITY FOR INFRASTRUCTURE. [ORS 94.504(2) (h)]
, SITP i s fully responsible for the construction of any new infrastructure development
necessary to support the SITP Project including any required public facility improvements
(street/traffic improvements, water, sewer and storm water)" and any internal project
infrastructure, including private utilities, and amenities, both on-site and off-site and as
required by the ALUO, including City Engineering Standards, as more fully set forth in the
Findings of Fact, Conclusions of Law and Orders attached to the Ordinance approving this
Development Agreement (Ordinance Attachment 2), incorporated herein and made a
part of this Development Agreement by this reference.
13.0 ASSUMPTIONS UNDERLYING
CIRCUMSTANCES. [ORS 94.504(6)]
AGREEMENT
AND
CHANGED
The assumptions underlying this Development Agreement, specifically concerning the
ability o(the City to service the SITP Project with regards to public facilities, are set forth
herein, or are included in the Findings of Fact, Conclusions of Law and Order, attached to
, the Development Agreement Ordinance (Ordinance Attachment 2) and incorporated as
part this Development Agreement by reference, In sum, this Development Agreement is
based on the assumption that City has adequate capacity to provide necessary services
to the SITP Project, as determined by the City's Director of Public Works,
In particular, the terms, conditions and restrictions of this Development Agreement as
well as the law in effect at the time any further development approvals are sought,
determine the ability of the development to be served. In the event of changed'
Ordinance Attach,ment1,-DEVELOPMENT AGREEMENT FOR WINBURN WA Y
(Ordinance # ,1J::;;::;;;V:;i::Un"h<":c:) (Planning Action # 2010-01239)
Page -14-
circumstances, this Agreement provides for permitted amendment, modification or
revocation, The parties will work together in good faith to find a solution to cure'any
inability by City to provide services or otherwise comply with any of the terms of this
Development Agreement. This Development Agreement specifically contemplates '
development of the SITP Project in accordance with the approved timetable of
development (Exhibit C),
14.0 BUDGET AND GENERAL DISCLAIMER. [ORS 94.504(5)]
All City obligations pursuant to this Agreement which require the expenditure of funds
are contingent upon future appropriations by the City as part of the local budget
process, Nothing in this Agreement implies an obligation on the City to appropriate any
such monies, City acknowledges that following the required review and approval of final
civil plans (construction plan approval) and associated construction permits, the
determination for issuing building permits for construction on the SITP Project ls not an
obligation requiring the expenditure of funds and, therefore, is not contingent upon
future appropriations by the City.
The City and Owner are entering into this Agreement voluntarily in the spirit of cooperation
and good faith coordination. However, nothing in this Agreement makes the City or SITP
responsible for the contracts or commitments of the other concerning development of the '
SITP Project or public improvements constructed by SITP with the intention of donating
such facilities to the City. SITP is not subject to public contracting rules and regulations
and nothing herein makes SITP subject to such public agency requirements. No City funds
are provided by this Development Agreement for City construction of public infrastructure
in connection with the SITP Project.
SITP is not the City's agent and City is not SITP's agent for purposes of any contracts or
commitments made by either party. SITP acknowledges and agrees that future final
approvals, Including final civil plans (construction plan approval) and construction permits
and building permits are subject to compliance with all applicable approval conditions and
applicable land development regulations in effect at the time the approvals are sought,
except as may be provided for infrastructure construction in ORS 92.040 or as otherwise
provided in this Development Agreement. No rights to obtain final development
approvals, e,g. building permits nor any other rights to develop the SITP Project have
been granted or implied simply by the City's approval of this Development Agreement,
Ordinance Attachl71ent r: o'f)(ELOPMENT AGREEMENT FOR WINBURN WA Y
(Ordl'nance # "i,;1i:\""",""",;,;",;,"""";,,,,~,;) (Planning Actl'on # 2010 01239)
~'O~,;'"ii'._;."::"i:.;:F.'"~r,iO:E;;.,'c'.i:-"i;.;:"_",,,,,: -
Page -15-
including any donations, dedications, or public improvements reflected herein, without
SITP's full compliance with approved plans, approval conditions and the applicable law in
effect at the time such final approvals are sought. SITP, or its successors and assigns,
may not attempt to force, coerce or intimidate the City to approve or grant other
development authorizations, including building permits, by asserting that the City has
committed to such approvals 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 compliance with applicable approval conditions and
the applicable criterion for approval.
15.0 FUTURE DISCRETIONARY APPROVALS. [ORS 94,504(3)]
The following is a list of discretionary local development approvals as well as other steps
and ministerial actions necessary for the development of the SITP Project.
1. Ordinance Declaring Council Approval of Development Agreement, as well
as Findings of Fact, Conclusions of Law and Order for other approvals,
including Comprehensive Plan Map Change, Zone Map Change, Site
Design and Use Review Permit, Physical &. Environmental Constraints
Permit (Hillside) and Tree Removal Permit, (some approvals have delayed
effectiveness while prerequisite approvals, are finalized as stated below).
2, SITP submits all required designs and permit applications for the ice rink support
structure to be constructed on the City Ice Rink / Parking Lot Parcel.
3. Approval of application for approval of discretionary permits associated with the ice
rink support structure.
4, SITP submits construction and engineering plans for the SITP Project to City staff
for review and approval; as well as submitting any necessary applications to any
County, State, or Federal agericies, if required.
5, SITP submits all application materials required for demolition permit concerning ,
existing structure on SITP Parcel.
6, City approves all required construction plans and SITP receives all necessary
demolition permits for existing structure and building permits for replacement
structure(s) from City, allowing construction of the SITP Project to commence, as
well as any other County, State, or Federal agency permits, if required.
7. Construction of improvements commences, and all required improvements are built,
inspected, and approved pursuant to the Timetable for Development and
Construction of Improvements (Exhibit C), which attached to this
Development Agreement and incorporated herein by reference. '
Ordinance Attachment 1 - DEVELOPMENT AGREEMENT FOR WINBURN WAY
(Ordinance # ;~~ij~f~'j~%;['ir,i',,;l'd.'i)";) (Planning Action # 2010-01239)
Page -16-
The terms, restrictions and requirements of these approvals are set forth in the applicable
City Ordinances, including the Ashland Land Use Ordinance, applicable State statutes and
regulations, and the preliminary approvals, including this Agreement. Generally, the law in
effect atthe time of the Application is deemed complete (September, 2010) governs the
review and approval of the decision by City, All local development approvals and permits
Identified in this Development Agreement shall be obtained at the sole cost of SITP, unless ,
otherwise noted herein. The failure of this Agreement to address a particular permit,
condition, term or restriction shall not relieve SITP of the necessity of complying with the
law governing said permitting requirements, conditions, terms or restrictions; unless such
approval is obviously implied herein, Any matter or thing required to be done pursuant to
the requirements of the-ordinances of the City of Ashland shall not be otherwise amended,
modified or waived unless such modification, amendment or waiver is expressly provided
for in this Development Agreement with specific reference to the provisions so modified,
waived or 'amended. In no event shall delay in obtaining permits from other agencies be
deemed as automatically requiring an extension of time to obtain required development
approvals or the Development Agreement with City, Nor shall such delay be interpreted as
automatically requiring the City to approve an extension of time to any existing
development order or development agreement. Minor modifications may, however, be
made by mutual consent of the Parties, and shall be processed by City staff through City's
Type I ministerial review process.
The following sworn statement shall be submitted prior to commencement of physical
construction:
Sworn Statement, Verification of Federal, State, and Local Permit Compliance.
Prior to any demolition or physical construction (other than survey work or
environmental testing) on a site the property owner and developer, if any, shall execute
a sworn statement under penalty of perjury and false swearing, that owner/developer
has obtained all required Federal, State, and local authorizations, permits and approvals
for the proposed development, including any proposed use, or alteration of the site,
including also any off-site improvements. Owner/Developer shall be solely responsible
for obtaining all approvals, permits, licenses, insurance, and authorizations from the
responsible Federal, State and local authorities, or other entities, necessary to use the
property in the manner contemplated, including all authorizations necessary to perform
demolition, construction and improvement of property in the location and manner
, contemplated by this Development Agreement. Further, it is expressly agreed and
understood that the City of Ashland has no duty, responsibility or liability for requesting,
Ordinance Attachment 1 - DEVELOPMENT AGREEMENT FOR WINBURN WA Y
(Ordinance # 'i'!c)""'i1';j'~;:o11'i;,~,j:i'~',:[,) (Planning Action # 2010-01239)
Page -17-
obtaining, ensuring, or verifying owner/developer's compliance with the applicable state
and federal agency permit or approval requirements, Any permit or authorization
granted by the City, including any exemption, exception, permit, approval or variance
pursuant to the Ashland Land Use Ordinance shall not in any way be interpreted as a
waiver, modification, or grant of any state or federal agency permits or authorizations or
permission to violate any state or federal law or regulation. Owner/Developer shall be
held strictly liable, and shall hold the City of Ashland, its officers and employees
harmless for administrative, civil and criminal penalties for any violation of Federal and
State statutes or regulations, including but not limited to the Clean Water Act,
Endangered Species Act and regulations and rules implementing such laws, Nothing
herein shall be interpreted as restricting or limiting the City from bringing an appropriate
enforcement action under the Ashland Municipal Code,
16.0 SCHEDULE/PROCEDURE FOR COMPLIANCE REVIEW. [ORS 94.504(2) (g)]
Two weeks prior to the anniversary date of the adoption of the Ordinance approving this
Development Agreement, the Owner and City shall submit a written report to the Planning
Director for the City, for review and consideration at the next available Council meeting.
The report shall address the extent and timing of compliance with the terms and conditions
of this Development Agreement by both parties, The submission shall be made In letter
form and addressed to the City Planning Director for placement on the next available
Council agenda, City's Council shall review this report and this Development Agreement at
the next available meeting, and if deemed necessary, may direct that a subsequent report
be submitted and considered on or about the subsequent anniversary date of this
Agreement, and likewise thereafter. City's Planning and Engineering Departments shall
prepare the City's portion of the report, If the City's Council believes the reports
demonstrate a material failure to comply with the terms of this Development Agreement,
then the reports and this Development Agreement shall be referred to the Planning
Commission for review and recommendation to City's Council. In accordance with the
, amendment/revocation procedures City's Council shall determine whether the evidence '
demonstrates that SITP or City has failed to comply in good faith with the material terms
and conditions of this Development Agreement. At such time the Council shall also
determine whether this Development Agreement should be amended, modified, revoked or
terminated based on the circumstances.
Ordinance Attachment 1 - DEVELOPMENT AGREEMENT FOR WINBURN WA Y
(Ordinance # ~ii)Fin:: ',,'i,.",) (Planning Action # 2010-01239)
Page -18-
17.0. BREACH OF AGREEMENT/REMEDIES &. ENFORCEMENT [ORS 94.504(2) 0)]
[ORS 94,522]
17.1. It is the intent of the Parties to comply with the terms and conditions of this
Development Agreement in good faith and for the mutual benefit of both SITP and the
Oty.
17.2. In the event either Party believes a material breach of the terms and conditions of
this Development Agreement has occurred, whether by action or inaction of a Party, the
injured party shall serve written notice on the other of the alleged material breach, and
the other Party shall then have thirty (30) days to cure or respond in writing to the Party
claiming injury or material breach. In the event of a disagreement, after the exchange of
writings, the City Administrator shall set a reasonable time, date, and place for a public
meeting of the City Council. The meeting shall provide both the City and SITP with a
reasonable opportunity to explain to City's Council the facts supporting or disproving the
alleged material breach, and to allow the parties to propose a method of fulfilling this
Development Agreement's terms and conditions. The Parties may mutually negotiate an
amendment to this Development Agreement to cure the alleged breach, and may approve
such amendment, after the required notice, hearing and ordinance procedures are
followed. Material breach includes but is not limited to any assignment by a party for the
benefit of creditors; or adjudication as a bankrupt; or appointment of a receiver, trustee
, or creditor's committee over a party,
17.3. Until termination or revocation of this Development Agreement, the terms of this
Agreement are enforceable by either Party to this Development Agreement. [ORS
94.522(B),] The Parties stipulate and agree that enforcement by the filing of an action in
Jackson County Orcult Court is subject to the prerequisite administrative process set forth
above, Thereafter, each party shall have all available remedies at law or in equity to
recover damages and/or to compel performance of the other party pursuant to this
Development Agreement, The rights and remedies afforded under this Development
Agreement are not exclusive and shall be in addition to and cumulative with any and all
rights otherwise available at law or in equity, The exercise by either party of anyone or
more of such remedies shall not preclude the exercise by it, at the same or different
time, of any other remedy for the same default or breach or of any of its remedies for
any other default or breach by the ,other parties, including, without limitation, the right
to compel specific performance.
17.4. In no event shall an injunctive order be issued which would require City of Ashland
to issue a development approval or permit in violation of material provisions of the Ashland
Ordinance Attachment 1 - DEVELOPMENT AGREEMENT FOR WINBURN WA Y
;.""'._-;~'-".''''''!;'''':''~'''"_-''','i"''''''';;;'I-;C.:F''':O
(Ordinance # "'-.'..'''1''.'''''1'',''''',...,,,.....,,..'',..,.,.) (Plannl"ng Actl'on # 2010 01239)
!.:~' i_),.~):',~l';~~..~-~,;;::-:c,:i;i'~O.';'_i'"::;,.:',,l!.;. ...
Page -19-
o
Land Use Ordinance, as they exist at the time this Development Agreement is entered into
between the Parties, or as otherwise made applicable to the development authorized in this
Development Agreement or Oregon Statutes, This provision does not limit the available
remedies for other forms of breach. The parties agree that the prevailing party in any
action filed to enforce this Agreement or to recover damages shall be entitled to an award
of reasonable attorney fees and costs in the event of litigation, including any attorney fees
and costs associated with any appeal.
17.5 In the event of a material breach by SITP, City may, but is not required as a
prerequisite to legal action, pursue revocation or termination of this Agreement in
accordance with the following administrative process:
If, at the public hearing to revoke or terminate this Agreement, the City finds, based on
substantial competent evidence, that the Owner is in material breach of this
Development Agreement, and an amendment to this Development Agreement to cure
the breach is not appropriate, then City may revoke and terminate the Development
Agreement and the development authorization for all or part of the SITP Project. The
breach hearing shall be held concurrent with a revocation hearing held pursuant to the
Ashland Land Use Ordinance which may include revocation of change of zoning or other
designations on the property. In lieu of revoking this Development Agreement, and the
development authorization, City may agree, in its sole discretion, to modify this
Agreement upon a finding that such modification is in the best interests of City and the
public. It is further agreed by SITP and the City that all costs incurred by the City for
the material breach and revocation proceedings shall be paid by the Owner. However,
no costs shall be assessed against SITP if the result of the hearing or, upon review, by
the Court, is a finding that the City is in material breach of the Development
Agreement, or that SITP is not in material breach. If assessed costs are not paid by the
SITP, then City is empowered to place a lien against the property in the amount of the
unpaid costs. This provision shall not be interpreted to provide an exclusive remedy,
and either party may pursue any appropriate remedy at law or equity in the event the
other Party or its successors in interest fail to abide by the provisions of this
Development Agreement. If SITP disagrees with City's decision concerning revocation
or termination of this Development Agreement as set forth above, then SITP may file
a legal action in a court of competent jurisdiction to review and determine the merits
of City's decision, and to issue an appropriate judgment or decree.
17.6. In addition, any person who violates the Ashland Land Use Ordinance, and
development approvals, authorizations and conditions issued pursuant thereto is subject to
the enforcement provisions set out in the Ashland Municipal Code, as amended from time
Ordinance Attachment 1 - DEVELOPMENT AGREEMENT FOR WINBURN WA Y
(Ordinance # :1!:~~'t:'i'ii'j;'12i~~:ii,;::';'!i"~) (Planning Action # 2010-01239)
Page -20-
to time, including civil and criminal the penalties set forth therein. Nothing herein shall
constitute an exclusive remedy and the City reserves the right to pursue any and all legal
and equitable remedies in order to abate a violation of this Ordinance.
18.0. STATE AND FEDERAL LAW CHANGE. [ORS 94.504(2) (I)]
, The parties agree that this Agreement is based on the proposition that the SITP Project
will comply with City, Regional, State, and Federal policies, laws, and rules. If Regional
Policy, State or Federal laws are enacted after City approval of this Agreement, which are
applicable to and preclude either party's compliance with the terms or conditions of this
Agreement, or render compliance impossible, unlawful, or inconsistent with such laws or
rules, or regional policies, this Agreement shall first be modified or amended, by mutual
agreement, as is necessary, to comply or to sever provisions and give effect to the
remainder of the Agreement. If such modification or amendment cannot remedy the
inconsistency, this Agreement shall be revoked to comply with the relevant State or Federal
laws or regional policies and regulations. Accordingly if this Agreement fails in its essential
purpose, then the parties shall be placed into their original position to the extent
practical. If not practical, such revocation proceeding, caused without fault to either
party, shall preserve to the extent possible under the law, an equal balance between the
parties, with protection afforded the City and protection for SITP related to' the
development authorizations and improvements for which SITP has expended funds in good ,
, faith reliance on the governmental authorization.
19.0 AMENDMENT. TERMINATION OR REVOCATION. [ORS 94.508(2)] [ORS
94,522]
19.1 Owner and City, their successors and assignees may mutually agree to amend,
modify, terminate or revoke this Agreement after compliance with the Ordinance
amendment procedures identified herein, or as otherwise provided for in this Agreement.
In the event of such mutual amendment, modification, termination or revocation, the
Parties shall be required to mutually agree as to any required allocation, return, or payment
for publiC improvements, dedications or expenditures made in reliance upon this
Agreement.
19.2. The parties hereto shall at all times adhere to the terms and conditions of this
Development Agreement. Amendment, modification, termination or revocation of this '
Development Agreement shall be made by adoption of an Ordinance declaring the action
and setting forth the terms and conditions. Unless another procedure specific to
Development Agreements Is provided in a City Development Agreement Ordinance, the
Ordinance Attachment 1 - DEVELOPMENT AGREEMENT FOR WINBURN WA Y
(Ord' # f;'ii!iir;,7',..,,;,,:.\'C\.:',,\;,::":"O":') (PI i Act' # 2010-01239)
mance", ....",,' " ,.. .. ' , ..,. ann ng Ion
Page -21-
i'
procedures and requirements for amendment, revocation or modification of a Development
Agreement are the same as for approval of a Development Agreement, currently notice
and hearing before the Council with a recommendation from the Planning Commission.
Except as otherwise provided below, no modification, amendment or alteration in the terms
or conditions contained in this Development Agreement shall be effective unless reflected
in a written document approved and executed by the Parties hereto,
19.3. Pursuant to ORS 94.518, except as provided in this Development Agreement, the
local government law and policies governing this Agreement shall be those laws and
policies in effect at the time of approval of this Development Agreement. Pursuant to the
terms of this Development Agreement, generally, the law in effect at the time of
subsequent development approvals governs those approvals. In addition, unless a
reservation of legislative power is included in a Development Agreement, the Agreement is
subject to a legal challenge as void or voidable for "'contracting away the police power".
Accordingly, the following reservation of power is included in this and in all City
Development Agreements, City may apply subsequently adopted laws and policies to this
Development Agreement if the City holds a public hearing proposing imposition of such
subsequently adopted laws in an amendment of this Agreement and determines anyone of
the following:
A. The laws and policies are not in conflict with the laws and policies governing
the Development Agreement and do not prevent development of. the land
uses, Intensities or densities in the Development Agreement; or,
B. The laws and policies are eSsential to the public health, safety, or welfare,
and expressly state that they shall apply to a development that is subject to a
Development Agreement; or,
C. The laws and policies are specifically anticipated and provided for in the
Development Agreement; or,
D. City demonstrates that substantial changes have occurred in pertinent
conditions existing at the time of approval of the Development Agreement;
or,
E. It is demonstrated that the Development Agreement is based on substantially
inaccurate information supplied by the Owner.
Ordinance Attachment 1 - DEVELOPMENT AGREEMENT FOR WINBURN WA Y
(Ordinance # "::;;;:':'/'i. "...;.) (Planning Action # 2010-01239)
Page -22-
Nothing in this section shall prohibit the City from applying subsequently enacted laws to
the Development Agreement in the event an amendment or modification of this Agreement
is requested by Owner pursuant to the terms of this Agreement.
20.0. RECORDING AND EFFECTIVENESS. [ORS 94.528]
20.1. Recording. The Owner shall provide the City an executed Development
Agreement, unaltered except for changes agreed upon during consideration of the matter,
or to correct typographical errors, together wit",h the Exhibits" to be attached hereto,
,..,'.,,,,:--., --..--".-,<:::-,.~<,.,:.:::v
including legal description, prior to 5:00 p.m, on iH'.[ll>~J;I?J:i::~K,1!;A;' City shall provide legal
descriptions of the City Parcels to be contained in Exhibit A to this agreement prior to the
aforementioned date. Upon receipt of the fully signed Development Agreement and
Exhibits, City shall record this Development Agreement and attached Exhibits with the
County Clerk as required by ORS 94.528, within ten (10) days of the execution of this
Development Agreement by all parties. SITP is solely responsible for recording costs. Any
alteration or change to this Development Agreement not accepted by the City in writing
shall render this Agreement and the Ordinance approving it, ineffective and recording shall
not occur. If this Development Agreement is amended, canceled, modified, extended or
revoked, the appropriate recording shall be made in the County records to reflect that
action, The burdens of this Development Agreement shall be binding upon, and the
benefits of this Development Agreement shall inure to, all successors in interest of the
Parties to this Agreement.
20.2. Finality and Effectiveness. The Ordinance declaring approval and adopting the
Development Agreement is a final City land use decision on the date the Ordinance
Second Reading is completed, the Ordinance and Findings are signed by the Mayor and
Notice of the City's Decision is provided. Notwithstanding the finality of the land use
decision, the decision shall not be effective until the later of the following: (1) the
complete execution of this Development Agreement and Exhibits by SITP and City; or,
(2) the finality of the Land Use Approvals defined herein, As used herein "finality of
Land Use Approvals" means the date upon which the Ordinance is effective if no appeal
is filed, and, if an appeal is filed, then the date that all appeals are final, All timetables
set forth in this Development Agreement are tolled for the period of delay caused by
any appeal; and the Parties agree to an administrative addendum to restate all relevant
deadlines for clarity after the final resolution of any appeal or appeals,
Ordinance Attachment 1 - DEVELOPMENT AGREEMENT FOR WINBURN WA Y
(Ordinance # ,'.Vi,,:":>t"'.,' ) (Planning Action # 2010-01239)
Page -23-
21.0. ADOPTION OF ORDINANCE [ORS 94,508(1) & (2)]
City's Council finds that this Development Agreement is consistent with the provisions of
the ALUO in place at the time of its adoption, and approves this Development
Agreement (Ordinance Attachment 1) by adoption of an Ordinance declaring approval of
this Agreement, and supported by the Findings of Fact, Conclusions of Law and Orders
(Ordinance Attachment 2) concerning the actions referenced therein. This Development
Agreement is a land use decision under ORS Chapter 197.
22.0. ENTIRE AGREEMENT.
This Development Agreement incorporates by reference all prior negotiations"
correspondence, conversations, agreements or understandings or amendments applicable
to the matters contained herein and the Parties agree that there are no commitments,
agreements or understandings concerning the subject matter of this Development
Agreement that are not contained in, incorporated into, or referenced in this document.
Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon
any prior representations or agreements, whether oral or written.
23.0. SEVERABILITY.
If any clause, section, sentence or any other portion or any part of this Development
Agreement or its Exhibits is contrary to, prohibited by, or deemed invalid or null and void
for any reason under any applicable law or regulation, such provisions shall be
inapplicable and deemed omitted to the extent so contrary, prohibited, invalid or void,
however, the remainder hereof shall not be invalidated thereby and shall be given full
force and effect to the fullest extent permitted by law. In the event of such invalidation
or prohibition, the Parties shall meet to discuss amendments and alternatives to
address and, resolve the deficiency,
24.0 JURISDICTION AND GOVERNING LAW.
The parties acknowledge that this Agreement has been negotiated and entered into in
the State of Oregon. The parties hereto further agree that any and all suits or actions at
law shall initially be brought in the Circuit Court of the State of Oregon for Jackson
County, or the United States District Court for the District of Oregon. This Agreement
shall be construed and interpreted under the laws of the State of Oregon.
Ordinance Atta,c~l7!ent 1 - DEVELOPMENT AGREEMENT FOR WINBURN WA Y
(Ordinance #:',:;. "..::".,:) (Planning Action # 2010-01239)
Page -24-
25.0 ASSIGNMENT ISUCCESSORS AND ASSIGNS. [ORS 94,504(k)]
This Development Agreement shall be recorded pursuant to ORS 94.528 in the Official,
Records of Jackson County, Oregon and said Agreement shall run with the land, This
Development Agreement is binding upon the City of Ashland and SITP, Inc., and all their
successors in interest, heirs, assigns and personal representatives. This Development
Agreement shall be fully assignable, In whole or in part, by SITP and City and shall bind
and inure to the benefit of SITP, Inc. and its assigns and successors.
26.0. NOTICES. All notices, demands, requests, or replies provided for or permitted by
this Agreement shall be in writing and may be delivered by anyone of the following
methods: (a) by personal delivery; (b) by deposit with the United States Postal Service as
certified or registered mail, return receipt requested, postage prepaid, to the addresses
stated below; (c) by prepaid nationally-recognized overnight courier (such as UPS,
overnight mail, or Federal Express), or be by facsimile transmission). Notice deposited
with the United States Postal Service in the manner described above shall be deemed
effective three (3) business days after deposit with the Postal service, Notice by facsimile
or overnight express delivery service shall be deemed effective one (1) business day after
transmission or after deposit with the express delivery service. Notice by personal
, delivery shall be deemed effective at the time of personal delivery, For purposes of notice
demand, request or payment:
Notice to STIP. Inc. In the case of notice or communication to
SITP, Inc., addressed as follows:
Christian E. Hearn, OSB # 911829
Davis, Hearn &. Bridges, PC
515 E. MAIN ST.
ASHLAND, OR 97520
FAX: (541) 488-4455
with copy to:
Thomas J. Murphy
Hookland Scott, LLC
9185 SW BURNHAM ST
TIGARD, OR 97223
FAX: (503) 620-4315 ,
Ordinance Attachment 1 - DEVELOPMENT AGREEMENT FOR WINBURN WA Y
(Ordinance # : ..:""."., "...) (Planning Action # 2010-01239)
Page -25-
.
Notice to City. Inthe case of notice or communication to the City,
addressed as follows:
City of Ashland
Legal Department
20 E. MAIN ST.
ASHLAND, OR 97520
FAX: (541) 552-2092
with copies to:
City of Ashland
Office of the City Administrator
20 E. MAIN ST.
ASHLAND, OR 97520
FAX: (541) 488-5311
and:
City of Ashland
Department of Community Development
20 E. MAIN ST.
ASHLAND, OR 97520
FAX: (541) 552-2050
Or otherwise addressed in such way with respect to a Party as that Party may, from time
to time, designate in writing to the other Party and dispatched as provided in this
Agreement,
27.0. MISCELLANEOUS PROVISIONS.
27.1. Headinas, The titles of the sections in this Agreement are inserted for
convenience of reference only, and shall be disregarded in construing or interpreting any
of its provisions.
27.2. Waivers. No waiver made by either Party with respect to the performance, or
manner or time thereof, or any obligation of the other Party or any condition inuring to
Ordinance Attachment 1 - DEVELOPMENT AGREEMENT FOR WINBURN WA Y
(Ordinance # '::;;C'?;,') (Planning Action # 2010-01239)
Page -26-
its benefit under this Agreement shall be considered a waiver of the rights of the other
Party making the waiver. No waiver by City or SITP, Inc. or any provisions of this
Agre,ement or any breach thereof shall be of any force or effect unless in writing; and
no waiver shall be construed to be a continuing waiver.
27.3. Time of the Essence, Time is of the essence in this Agreement.
27.4. Calculation of Time. All periods of time referred to herein shall included
Saturdays, Sundays, and legal holidays in the State of Oregon, except that if the last
day of any period falls on a Saturday, Sunday, or legal holiday in the State of Oregon,
the period shall be extended to include the next day which is not a Saturday, Sunday,
or such legal holiday.
27.5. Construction. In construing this Agreement, singular pronouns shall be taken
to mean and include the plural and the masculine pronoun shall be taken to mean and
Include the feminine and neuter, as the context may require. Certain'definitions are set
forth in preceding Section 4.0 of this Development Agreement.
27.6. Good Faith and Reasonableness. The Parties intend that the obligations of
good faith and fair dealing apply to this Agreement generally, and that no negative
inferences be drawn by the absence of an explicit obligation to be reasonable in any
portion of this Agreement. The obligation to be reasonable shall only be negated if
arbitrariness is clear and explicitly permitted as to the specific item in question, as in
the case of a Party being given "sole discretion" or being allowed to make a decision in
its "sole judgment."
27.7. CooDeration in the Event of Leaal Challenae, In the event of any legal
action instituted by any third party, or by any other governmental entity or official
challenging the validity of any provision of this Development Agreement, or the
Ordinance adopting this Development Agreement, the parties agree to cooperate in
defending such action.
27.8. Enforced Delav. Extensions of Time of Performance. In addition to the
specific provisions of this Agreement, a performance by any party shall not be in
default where such default or delays is due to war, insurrection, strikes, walkouts,
riots, floods, drought, earthquakes, fires, casualties, acts of God, unforeseen
governmental restrictions imposed or mandated by governmental entities other than
the City, enactment of conflicting state or federal laws or regulations, new or
supplementary environmental regulations, litigation, or similar bases for excused
performance which is not within the reasonable control of the party to be excused;
provided, however, that the Parties agree to proceed in good faith in accordance with
the terms and conditions of this Agreement to the extent reasonable under the
circumstances.
Ordinance Attachment 1 - DEVELOPMENT AGREEMENT FOR WINBURN WA Y
(oi-dinance #:v;',. ~':;';'(':\'::':':'!i'~!:) (Planning Action # 2010-01239)
~
27.9. No Third Partv Beneficiaries, City and SITP, Inc., and their successors and
assigns, are the only Parties to this Agreement and are the only parties entitled to
enforce its terms, Nothing in this Agreement gives, or is intended to give, or shall be
construed to give or provide, any benefit or right, whether directly or indirectly or
otherwise, to any third persons unless such third persons are individually identified by
name herein and expressly described as the intended beneficiaries of this Agreement.
27.10. Other Necessary Acts. Each Party shall execute and deliver to the other all
such further instruments and documents and take such additional acts (which in the
case of the City, shall require adopting necessary ordinances and resolutions) as may
be reasonably necessary to carry out this Agreement in order to provide and secure to
the other parties, the full and complete enjoyment of rights and privileges hereunder.
IN WITNESS WHEREOF, the Parties hereto have signed below on
the day and year first above written. The date of this Agreement
shall be the date on which this Agreement is effective (i.e. 30 days
after it was approved by Ordinance at Second Reading by the City
Council of the City of Ashland, Oregon.)
SITP, Inc. ("SITP")
By:
Authorized Officer or Agent of SITP, Inc.
Printed Name / Title:
Address:
STATE OF OREGON)
) ~
County of Jackson )
The foregoing instrument was executed and acknowledged before me this
day of , 2011, by , as an officer or
authorized agent of SITP, Inc., an Oregon corporation.
Notary Public for Oregon
My Commission Expires:
Ordinance Attachment 1 - DEVELOPMENT AGREEMENT FOR WINBURN WA Y
(Ordinance #/,' .".,>'..,' ',) (Planning Action # 2010-01239)
Approved as to Form on behalf of SlIP, Inc.:
Davis, Hearn & Bridges, PC
Christian E. Hearn, OSB #911829
Attorneys for SITP, Inc.
CITY OF ASHLAND, OREGON ("City")
By:
John Stromberg, Mayor
City of Ashland
20 E. Main Street
Ashland, OR 97520
STATE OF OREGON)
) 9
County of Jackson )
The foregoing instrument was acknowledged before me this day of
.2011, by John Stromberg, as the Mayor and authorized agent of,
the City of Ashland, Oregon, and on behalf of said City,
Notary Public for Oregon
My Commission Expires:
Ordinance Attachmef1t 1, ~DfVfLOPMENT AGREEMENT FOR WINBURN WA Y
(Ordinance # ~;;;;n;;:,!.'T,1:',;'?,(1);,:H;"":'::i') (Planning Action # 2010-01239)
Approved as to Form on behalf of City:
Legal Department, City of Ashland
Megan K. Thornton, OSB #075413 '
Interim City Attorney
Ordinance Attachment 1 - DEVELOPMENT AGREEMENT FOR WINBURN WA Y
"":Tfi''''''''~''''''~~-''' ,~~""'~~""''":t'i.';'''~' .
(Ordinance # """c"","",,,,o,,,,,,,,,,,,,,.,,",,,,.,,) (Planning Act.lon # 2010 01239)
_,,~ ,.",..:., ,-", ,."", >0"'- _ '1';~", OJ': 1._, : ~ ~..' :J:~~'_ ,~,~ -
1
EXHIBIT A
LEGAL DESCRIPTION OF PARCELS
[ORS 94.528]
Pursuant to ORS 94.528, the legal descriptions of the properties subject to
the Development Agreement for Winburn Way are as follows:
1. SITP, Inc. Parcel (85 Winburn Way; Assessor's Map 39-1E-
09BC, Tax Lot 3000):
A tract or parcel of land situated in the Northwest Quarter of Section 9, Township 39 South,
Range 1 East, of the Willamette Meridian In Jackson County, Oregon and being more fully
described as follows: Commencing at the southeast corner of Lot 4, Block 8 In the City of
Ashland as shown upon the Official City of Ashland map, accepted and adopted by the City
Council on the 5th day of November 1888, said point bears South 32017'16" West 112,51 feet
from a found 1" iron pipe with a bronze cap situated at the centerline intersection of Granite
Street and the alley, which separates Lots 3 and 4 of Block 8 In said City; thence South
67057'05" East (deed record South 680 East, 40,0 feet) 40.00 feet to a point in the
southeasterly right of way of Granite Street and being situated at the southwest corner of that
parcel of land as set forth In Volume 68 page 182 of the Oeed Records of Jackson County,
Oregon; thence North 22002'55" East (deed record North 220 East 161 feet) along said
southeasterly right of way, 161,00 feet to a 5/8" iron pin situated at the west southwest corner
of that parcel of land as set forth in Volume 282 page 138 of the Deed Records of Jackson
County, Oregon; thence leaving said right of way, South 67057'05" East (deed record South
680 East) 172,30 feet to a 5/8" iron pin for the true point of beginning; thence North
12021'15" East 60,87 feet to a 5/8" Iron pin situated in the northerly boundary line of that
parcel of land as set forth in Volume 254 page 599 of the Oeed Records of Jackson County,
Oregon; thence South 67057'05" East (deed record South 68' East) along the northerly
boundary line of the last recited volume and page, g 1.40 feet to a lead plug and brass tag set
in a concrete sidewalk and being situated In the westerly right of way of Winburn Way
(formerly Mill Street); thence South 16045' West (deed record South 16040' West 146,6 feet,
more or less) along the westerly right of way of Winburn Way (formerly Mill Street) 146,63
feet to a S/8" Iron pin situated at the southeast corner of that parcel of land as set forth in
Volume 282, page 138 of the Deed Records of Jackson County, Oregon; thence leaving said
right of way North 67057'05" West (deed record North 680 West) along the southerly boundary
line of the last recited volume and page, 80,00 feet to a 5/8" Iron pin; thence North 12021'15"
East 87,245 feet to the point of beginning,
Account 10067461, Levy Code 5-01, Map 391E09 Be 3000
Exhibit "A" to Ordinance Attachment 1
Development Agreement for WInburn Way
(Ordinance # ) (Planning Action # 2010-01239)
2
2. City's Pioneer Hall/Community Center Parcel (59 Winburn
Way; Assessor's Map 39-1E-09BC, Tax Lot 2500):
~jlNfi!.llfiifjff:JJit~il1iXf6;!jl~tf!lii!i;i:i!f!j
3. City's Ice Rink / Parking Lot Parcel (Winburn Way and Nutley
Street; that portion of Assessor's Map 39-1E-09, Tax Lot 100,
lying west of Winburn Way, and north of Nutley Street):
fil~g{f!llJ~~pip.tliJli~F9.f:1ijJJi.Q$.'fjjgll)
Exhibit "A" to Ordinance Attachment 1
Development Agreement for Winburn Way
(Ordinance # ) (PlannIng Action # 2010-01239)
1
. EXHIBIT B
TITLE COMPANY PREUMINARY TITLE REPORT CERTIFICATION
;rlr'I~'
,. ;~(ipfiPi$j;a:iifJ;ijjiii~ff;i(jh1paOy)l'ti#iftjfiCatjoli~tfpr~:~
,,)., .
0..:"
Exhibit "B" to Ordinance Attachment 1
Development Agreement for Winburn Way
(Ordinance # _) (Planning Action # 2010-01239)
1
EXHIBIT C
TIMETABLE FOR DEVELOPMENT AND
CONSTRUCTION OF IMPROVEMENTS
[ORS 94.504(4)]
COMMENCEMENT OF CONSTRUCTION. Construction of the SITP Project, as
described in the Development Agreement for Winburn Way and including but not limited
to the improvements to City property described in the Development Agreement, shall be
commenced within 42 months of the date the approved Development Agreement is
filed with the office of the Jackson County Recorder pursuant to ORS 94.528. If an
appeal is filed in the Oregon Land Use Board of Appeals conceming the Development
Agreement, the Ordinance adopting the Development Agreement, or City's Planning
Action # 2010-01239, then the 42-month deadline to commence construction shall not
begin to run until such appeal is finally and favorably resolved. Similarly, if an appeal is
filed in the Oregon Court of Appeals, the Oregon Supreme Court, or any other court
concerning the Development Agreement, the Ordinance adopting the Development
Agreement, or City's Planning Action # 2010-01239, then the 42-month deadline to
commence construction shall not begin to run until all such appeals are finally and
favorably resolved.
. . COMPLETION OF CONSTRUCTION, The entire SITP Project, including but not limited
to the improvements to City property as described in the Development Agreement for
Winburn Way, shall be completed within 36 months of the date construction is
commenced. For the purposes of this provision, "completion of construction" means
issuance of certificate of occupancy or final inspection.
AMENDMENTS TO ABOVE TIMETABLE, Any amendments to the above timetable for
commencement and/or completion of construction shall be reviewed and processed by
City pursuant to City's Type I administrative review procedure (AMC 18.108.040).
ORS 94.504(4).
Exhibit "C" to Ordinance Attachment 1
. Development Agreement for Winburn Way
(Ordinance # _) (Planning Action # 2010-01239)
1
EXHIBIT D
SPECIAL CONDITIONS
. A. CONDITIONS APPENDED TO CITY PLANNING COMMISSION
APPROVAL DATED JANUARY 11, 2011:
I) That all proposals of the applicant shall be conditions of approval \ll1less otherwise modified
here.
2) That the plans submitted for the building permit shall be in substantial conformance with those
approved as pm1 of this application, If the plans submitted for the building permit arc not in
substantial confomlance with those approved as part of this application, an application to modify
this approval shall be submilled Hnd approved prior to issuance of a building permit. .
3) That a sign permit shall be obtained prior to installation of any new signage. All signage shall
meet the requirements of Chapter 18.96.
4) The approved uses of thc sitc shall bc limited to those explicitly cstablished in thc Development
Agreement.
5) That prior to the submittal of a building permit:
a) All easements, including public and private utility easemcnts, mutual access easemcnts,
public pedestrian access easements, and firefighter access pathway easements shall be
idcntified in the building permit submittals.
b) That a stonnwater drainage plan shall be submitted for the review and approval of the
Planning, Building, and Engineering Divisions.
c) Engineered construction drawings for the improvements to Winburn Way shall be
provided for the review and approval of the Planning and Engineering Departments prior
to building permit submittal and prior to any work within the street right-of-way or
pedestrian corridor. The final engineered designs shall include details for full-drop apron
wings where the sidewalk crosses the driveway to the Ice Rink.. The applicants shall
obtain necessary Public Works permits and inspections for work to be completed within
the public right-of-way; concrete color selection shall the standard approved color within
Ashland's Historic Districts.
d) A final utility plan for the project shall be submitted for the review and approval by the
Planning, Engineering and Building Divisions prior to issuance of a buildiag pcrmit. Thc
utility plan shall include tbe location of connections to all public facilities in and adjacent
to the devclopment, including the locations of watcr lines and meter sizes, sewer mailis
Exhibit "D" to Ordinance Attachment 1
Development Agreement for Winburn Way
(Ordinance # _) (Planning Action # 2010-01239)
2
and services, manholes and cleRn-outs, stonn drainage pipes and catch basins. Utility
installations, including any necessary fire protection vault, shall bc placed outside of the
pedestrian corridor, and necessary public utility casements on the properly shall he shown
on Ihe building permit submittals.
. e) The applicant shall submit an electric distribution plan including load calculations and
locations of all primary and secondary services including lransfomlers, eabioets and all
otber necessary equipment. The plan shall addrcss maintaining line truck access to the
three-pbase transfonner free of any obstructions including the trash enclosure, and shall
address how the existing services 10 the Community Center und Pioneer Hult are to be
relocated. This plan shall bc rcvicwed and approved by the Planning, .Building,
Engineering and Electric Departments prior to building permit submittal. Transformers
and c.1hinets shall he located outside of Ihe pedestrian corridor, in those at'elL~ lenst visible
from the street while considering the access needs oflbe Electric Department.
f) That exterior building materials and paint colors shall be compatible wilh the surrounding
area, and sample exterior building colors shall be provided witb Ihe building permit
submittals for review and approval of Ibe Staff Advisor. Bright or neon paint colors shall
not be used in accordance witb It-C-2f) or the Detail Site Review Standards.
g) Tbat the windows on tlle ground floor shall not be tinted so as to prevent views f!'Om
outside of the building into the interior of the building. The bnilding plan submittals shall
also include specitications lor treatment or Ihe glass on the centrat glllSS roof element
demonstrating tbat it shall not creatc glare to surrounding propet1ies.
h) That the building's foundation shall be designed by an engineer or architect with
demonstrable geotechniwl design experience in aceordanec with 18.62.080.F, and a final
comprehensive geolecbnical investigalion report and specific soil engineering design
recommendations shall be provided along with written verification from the pmject
gcolechnicnl cxp,'rts llddrcssing the consistency of Ihe building pelTIlit design submittals
with these geoteclmielll recommendations (e.g. foundation plan, grading. plan and
dminage plan, required geotechnical inspeclion schedule, etc.) with the building pennit
submittals.
i) That the applicants devclop a eonstmetion timing, staging and circulation plan tn
minimize impacts to nearby parking and circulation to the greatest extent possible for the
review and approval of the Staff Advisor and Public Works Director prior to the issuance
ora building permit.
6) That prior to the issuance of a building permit:
a) That the recommendations of the Tree Conullission's November 4th, 2010 meeting shall
be eonditions or approval where cunsistent with applicable standards and with final
approval by thc Staff Advisor, and shall be incorporated into a rcviscd Tree Preservation
and Proteetion Plan (if necessary).
b) That n Verittclltion Penn it in accordance with 18.61.042.B shall be applied for and
approved by the Asbland Planning Division prior to the removal of the five trees to be
removed from the sile or the Iwo trees to be relocated, and prior to site work including
demolition, storage of materials and/or issuance of a building permit. The Verification
Exhibit "D" to Ordinance Attachment 1
Development Agreement for Winburn Way
(Ordinance # _) (Planning Action # 2010-01239)
3
c)
Permit is to inspect the identifications of trees to he removed and the in.tallation of tree
protection fencing to protect the trees to be retained. The tree protection lCncing shall be
installed according to the approved Tree Protection and Removal Plan, inspected and
approved by the Stall' Advisor prior to sile work inelnding demolition 01' tree removal,
storage of materials and/or issuance of a building permit.
That tbe applicants sholl ohtain "pproval of a DemolitionIRcJocation Pel111it through tbc
Building Division and any necessary inspcctioos associated with the demolition of the
existing stn'etnrc.
The applicant shall provide a revised Landscape/1'Tigalion Plan which addressed the
Water Conserving Landscaping Guidelines and Policies of the Site Design and Use
Standards, including irrigation controllcr requirements to allow multiplelflexihle eatendar
programming. Tbe revised tundse"pe plan sholl inelodc planting details fOl' the green roof
with plant selections suited to Ashland's climate "nd cunsislent with Ihe Watel'
Coose,ving Lllndseaping Guidelines.
All exterior ligbting shall be appropriately shrouded so a, not to pennit direct
illumination of any adjaeenl tand. Lighting details, including a scaled ptan and
.peeifieation. detailing slu'ouding, .balt be submitted to the Staff Advisor for review and
appruval with Ihe building permit submittals.
All mechanical equipment shall be scrcened from view from the Wiuburll Way
5treet.enl1e. The locations of mechanical equipmcnt and ony a.soeiated sercening sholl be
shown on the site plan and elevatiOlls in Ihe building pcrmit submittBls,
The requirements of the Building Division shall be satisfactorily addressed, inetuding but
not limited to requirements thnt the gren.e interceptor be relocated to an area where it can
be serviced during busines5 hours Bnd whieb is less susceptible tn odor during selvicing.
The requirements of the Ashlaud fire Department shall be satisjjed, including tbat all
addressing shall be approve,; prior to being instnllcd; that an approvcd firetightcr. access
pathway be provided and maintained !!round lhe building; tbat "dequate fire flow he
provided; that adequate clearance be provided around hydrants; that auy gates, fences ur .
other ob5truction5 which could impede fire access shall be identified on all plans for the
review and approval of the Fire Department; that high piled stomge requirements be
addresscd in the pcrmit submillals, if applieabte to the final proposal; that a fif\:
department connection and key box be providcd; and that the trash enclosure not be
placed under combustible overhangs or within five feet of openings.
That the tree pl'Otcction, erosion control or shoring measures shall be inl'italted according
to the approved plan prior to any site work including demolition, slorage of materials,
issuance of an excavation permit and issuance of a building pelmil. The erusion eontl'Ol
measures shall be installed as identified in the geotechnical reporl. Tree ploteetion,
erosion control and sboring measures .hall hc inspected and approvcd by lhe applicants'
geo-technical engineer and the Staff Advisor prior to other site work, storage or malerials,
the issuance of all excavation permit, andlor the issuance of a buildil1g pennit.
,
d)
c)
/)
g)
h)
i)
7) That prior to the issuance of a eeltifieate of occupancy;
0) That the serccning for thc trash and recycling enclosure .hall be installed in .ccordanee
Exhibit "D" to Ordinance Attachment 1
Development Agreement for Winburn Way
(Ordinance # _) (Planning Action # 2010-01239)
4
with the Site Design and Use Standards. An opportunity to recycle site of equal or greater
size than the solid waste recepwcle shall be included in the trash enclosure in accordance
with 18.72.1 15.B.
b) All landscaping and tbe irrigation systems shall be installed in accordance with the
approved plan, inspected and approved by tbe Staff Advisor prior 10 thc issuance of a
certificate of occupancy.
c) That street trees, one per 30 feet of street frontage, shall be installed along the frontagc of
tbe development in accordance with the approved final landscaping plail and prior to
issuance of the certificate of occupancy. All street trees shall be eho.en from tbe adopted
Street Tree List and shall be installed in accordance with the specifications noted in
Section E ofthc Site Design and Use Standards. The street trees shall be iITigated.
d) AIt public and private improvements, including but not limited to the proposed
cafe/restaurant and ice rink buildings, sidewalks, drop.off areas, street trees, street
lighting, and Pioneer Halt courtyard improvements including the seating wall sball be
completed in a mamer eonsistcnt wi th thc approved plans and development agreement
plioI' to final occupancy apPl'Oval. The ice rink support building shall accommodate. all of
the uses noted (administrative office space, skate storage/rental, puhlie restrooms and
zamboni garage) and be adequately sized to do so; shall be architecturallj' compatible
with the park, neighborhood and proposed cafe building; shall he designed wilh input
from the Pr.i-ks r.nd/or Historic Commissions; and ils dcsign development, land use
approval process, permitting and associated fees and cbarges, and constlUctiotl of the
building shat! be the sole financial responsibility of the applicants.
B. ADDITIONAL CONDITIONS APPROVED BY COUNCIL AND
SITP AS PART OF DEVELOPMENT AGREEMENT FOR
WINBURN WAY:
8) Commencement of Improvements if Construction of City ice rink support
building or other improvements on City Property are delayed. If final City
approval of the ice rink support structure, or other improvements to City property which
are to be constructed by SITP under the Development Agreement, are delayed due to
circumstances beyond SITP's control, then SITP shall have the option of posting a
performance bond or other adequate security designed to cover the estimated cost of
construction of the ice rink support building or other improvements on City property,
and then to proceed with construction of the remainder of the SITP Project without
further delay.
9) Easements for Construction, Maintenance and Security. It is contemplated
and agreed that City will grant to SITP a temporary construction easement to allow for
SITP's construction of the specified improvements on the City Parcels, along with
Exhibit "D" to Ordinance Attachment 1
Development Agreement for Winburn Way
(Ordinance # _) (Planning Action # 2010-01239)
s
reasonable temporary storage of materials during the construction process, It is also
contemplated and agreed than a perpetual easement for reasonable maintenance and
security purposes will be granted by City to SID, in a form to be agreed upon between
City's staff and SITP. The purpose of the perpetual easement for maintenance and
security is to allow SITP reasonable access a small portion of the northwest corner of
City's Ice Rink / Parking Lot Parcel, immediately adjacent to the SID Parcel, to ensure
that SID can maintain and provide reasonable security for the improvements to be
constructed by SITP on that small corner of the City's Ice Rink / Parking Lot Parcel.
10) Sale of Food and Beverages on City Property. City agrees not to sell food
and beverages on the City Ice Rink / Parking Lot Parcel during hours that SID or it
successors or assigns are selling food and beverages on the SITP Parcel.
11) Permitted Uses (Revised from AMC 18.32.020). The following uses and their
accessory uses are to be permitted outright on the SID Parcel as part of the
Development Agreement:
A. Professional, financial, and business and medical offices and personal service
establishments such as beauty and barber shops,
B, Stores, shops and offices supplying commodities or performing services, such
as antique shops, artists supply stores, or non-chain department stores,
C. Restaurants: Specially defined in this Development Agreement as restaurants
which may include the sale of alcohol as regulated by the Oregon Liquor
Control Commission COLCC") and compliant with OLCC's "F-COM" On-
Premises Commercial Sales License under OAR 845-006-0460. Accompanied.
minors and entertainment welcome and permitted in restaurant during all
hours of operation. .
D, Theaters, but not including a drive-in.
E. Manufacture or assembly of items sold in a permitted use, provided such
manufacturing assembly occupies six hundred (600) square feet or less, and
is contiguous to the permitted retail outlet.
F. Printing, publishing, lithography, xerography, copy centers,
G. Temporary tree sales, from November 1 to January 1.
Exhibit "D" to Ordinance Attachment 1
Development Agreement for Winburn Way
(Ordinance # _) (Planning Action # 2010-01239)
6
H. Public and quasi-public utility and service buildings, public parking lots, but
excluding electrical substations.
12) Special Permitted Uses (Revised from AMC 18.32.025). The following
uses and their accessory uses are permitted outright on the SITP Parcel as part of the
Development Agreement, subject to the requirements of this section and the
requirements of Chapter 18.72, Site Design and Use Standards:
A. Bowling alleys, auditoriums, skating rinks and miniature golf courses, If
parking areas are located within 200' of a residential district, they shall be
shielded from residences by a fence or solid vegetative screen a minimum of
4' in height.
B. Residential uses,
1. At least 65% of the total gross floor area of the ground floor, or
at least 50% of the total lot area if there are multiple buildings shall
be designated for permitted or special permitted uses, excluding
residential.
2, Residential densities shall not exceed 30 dwelling units per acre
in the C-1 District, and 60 dwelling units per acre in the C-1-D
District. For the purpose of density calculations, units of less than
500 square feet of gross habitable floor area shall count as 0,75 of
a unit.
3. Residential uses shall be subject to the same setback,
landscaping, and design standards as for permitted uses in the
underlying C-1 or C-1-D District,
4. Off-street parking shall not be required for residential uses in the
C-1-D District.
5. If the number of residential units exceeds 10, then at least 10%
of the residential units shall be affordable for moderate income.
persons in accord with the standards established by resolution of
the Ashland City Council through procedures contained in the
resolution. The number of units required to be affordable shall be
rounded down to the nearest whole unit.
Exhibit "D" to Ordinance Attachment 1
Development Agreement for Winburn Way
(Ordinance # _) (Planning Action # 2010-01239) .
7
13) Conditional Uses (Revised from AMC 18.32.030). The following uses and
their accessory uses are permitted on the SITP Parcel as part of the Development
Agreement when authorized in accordance with the chapter on Conditional Use Pemiits:
A, Temporary Uses.
B. Outdoor storage of commodities associated with a permitted, special
permitted or conditional use.
e. Churches or similar religious institutions,
D. Hotels and motels,
14) Prohibited Uses. The following uses are expressly prohibited on the SITP
Parcel as part of the Development Agreement:
A. Formula Stores or Restaurants. Formula or "chain" stores and restaurants
are prohibited, For the purposes of this proviSion and as part of the
Development Agreement, a formula or "chain" store or restaurant is defined
as a store or restaurant owned by a company with twenty (20) or more
similar stores or restaurants. If the formula or "chain" store or restaurant is
SITP's use, or is based in Ashland as its original store or restaurant location,
then such use shall be considered permissible under this section, '
B. Height Limitations. The following limitations on building height, which are
more restrictive than those applied elsewhere in the C-1-D district, would
apply to the properties granted zone change with this approval:
Structures which are greater than 30 feet in height, but less than 40 feet,
may be permitted as a conditional use unless approved as part of City
Planning Action # 2010-01239, The definition of height shall be as
defined in AMC Section 18.08,290,
15) Alternative Transportation Mode Encouragement Program. As part of this
Development Agreement SITP shall encourage multi-modal transportation .and
shall prOVide a multi-modal transportation plan which Includes but is not limited
to a staff coordinator to coordinate employee ride shares, providing bus passes
to employees who request them, providing a reasonable amount of bike parking
for employees and patrons, and providing lockers or similar storage space for
multi-modal employee commuters.
Exhibit "D" to Ordinance Attachment 1
Development Agreement for Winburn Way
(Ordinance # _) (Planning Action # 2010-01239)
8
16) City Responsibility for Applicant-Constructed Improvements to City
Parcels upon Completion of such Improvements on City Parcels. Upon
completion of the improvements to be constructed by SITP on the City-owned
Parcels as set forth in the Development Agreement (receipt of certificate of
occupancy or similar final inspection approval of work or structures), City will
assume ownership and control of such Improvements. City will maintain
adequate insurance and shall maintain such improvements on City property in a
clean and safe condition, City will maintain said improvements free from weeds,
graffiti, and blight. City shall also pile excess shaved ice collected by City's
"Zamboni" machine in a location which keeps parking spaces clear, and which
does not negatively impact the area's aesthetic attributes or create a public
safety hazard.
17) Systems Development Charges for Applicant-Constructed
Improvements to City-Owned Parcels. City will not levy systems
development charges ("SDCs") on SITP in connection with the SITP-constructed
improvements to City's Parcels under the Development Agreement, including the
ice rink support building (structure housing "Zambonl" garage / skate rental
space / heated City office space / public restrooms on City property). This
condition partially modifies preceding Condition 7(d), above, with regard to City
fees and charges associated with SITP's construction of the ice rink support
improvements to be constructed by SITP on City property.
Exhibit "D" to Ordinance Attachment 1
Development Agreement for Winburn Way
(Ordinance # _) (Planning Action # 2010-01239)
1
EXHIBIT E
APPROVED SITE PLAN
~f.;:~':'",,~OCIIiIIli~liJltl/IJJlllflitliiVXfjll~lt;li.o.pJIi!IJ .
Exhibit "E" to Ordinance Attachment 1
Development Agreement for Winburn Way
(Ordinance # _) (Planning Action # 2010-01239)
1
EXHIBIT F
EASEMENTS FOR CONSTRUCTION. MAINTENANCE. AND SECUITY
Exhibit "F" to Ordinance Attachment 1
Development Agreement for Winburn Way
(Ordinance # _) (Planning Action # 2010-01239)
DEVELOPMENT AGREEMENT
FOR WINBURN WAY
ORDINANCE ATTACHMENT 2
. "___'n' ..-,.~."_.,._., ,__
PLANNING COMMISSION FINDINGS,
CONCLUSIONS, AND ORDERS)
(PROVISIONAL - MA Y BE
SUPERSEDED BY COUNCIL)
January 11, 2011
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BEFORE THE PLANNING COMMISSION
January 11'\ 2011
IN TIlE MATTER OF PLANNING ACTION #2010-01239, A REQUEST FOR
COMPREHENSNE PLAN MAP AMENDMENT AND ZONE CHANGE FROM
SINGLE FAMILY RESIDENTIAL (R-1-7.5) TO COMMERCIAL DOWNTOWN
(C-I-D), PHYSICAL & ENVIRONMENTAL CONSTRAINTS REVIEW PERMIT,
TREE REMOVAL PERMIT TO REMOVE FIVE TREES, AND SITE REVIEW
APPROVAL TO CONSTRUCT A 10,632 SQUARE FOOT CAFE-RESTAURANT
BUILDING FOR THE FOUR PROPERTIES LOCATED AT 59-85 WINBURN
WAY.
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APPLICANTS: Urban Development Services, LLC, agents for Storyville in the Park (SITP)
FINDINGS,
CONCLUSIONS,
AND ORDERS
RECITALS:
I) Tax lots #2500, #2501 and #3000 of Map 39 IE 09 BC and a portion of Tax lot #100 of Map 39
IE 09 are located at 59-85 Winburn Way and are presently zoned Single Family Residential (R-1-7.5).
2) The applicants are requesting a Comprehensive Plan Map Amendment and Zone Change from
Single Family Residential (R-I-7,5) to Commercial Downtown (C-I-D), a Physical & Environmental
Constraints Review Permit, a Tree Removal Permit to remove five trees, and Site Review approval to
construct a new 10,632 square foot cafe/restaurant for the four properties located at 59-85 Winburn Way.
Eventual development of the properties will be governed by a Development Agreement pursuant to the
provisions ofORS 94.504 through ORS 94.528, and will require Council approval. The request includes
placement of the properties within the Detail Site Review Zone and would subject it to all of the
standards thereof, as well as to the Site Design and Use Standards' Historic District Development
Standards. However, as part of the request the applicants have indicated that they are not proposing to
include the property within the Downtown Design Standards Zone, as its standards seek a specific "Main
Street" -style of building design more appropriate to the downtown core than to this location on the
periphery of the downtown, within the established Winburn Way streetscape and adjacent to Lithia Park.
The proposed map amendment and associated building design and site improvements are outlined on the
plans on file at the Department of Community Development.
3) The criteria for approval of Zoning Map Amendments Annexation are described in
18.106.060.B as follows: .
Zone changes, zoning map amendments and comprehellSive 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
ORDINANCE ATTACHMENT 2
PLANNING COMMISSION FINDINGS
DATED: January 11, 2011
Note: Council Findings will ultimately be
substituted as "Ordinance Attachment 2"
PA #2010-01239
January II"', 2011
Page t
b. A substantial change in circumstances has occurred since the existing zoning or Plall
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 residelltial zonillg density resulting from a change from one zoning
district to another zOlling district, will provide 25% of the proposed base densiry as affordable
hollsing consistem with the approval standards setforth in 18.106.030(G);or
e. blcreoses in reside11lial zoning density of fOllr IInits or greater on commercial, employme11l or
industrial zoned lands (i.e. Reside11lial Overlay), wil/Ilot negatively impact the City of Ashland's
commercial alld industriallalld supply as required ill the Comprehensive Plan, and will provide
25% of the proposed base densiry as ajJordable housillg consiste11lwith the approval standards
setforth in 18.106.030(G)
The total number of affordable units descri~ed in sections D or E shall be determined by
rounding down fi-actional answers to the new'est whole unit.. A deed restriction, Or
similar legal instrumenl, shall be used to guarantee compliance with affordable criteria
for a period of nOl less Ihan 60 years. Seclions D and E do nol apply to council inlllaled
actions.
4) The criteria for approval of Site Reviewapproval are described in 18.72.070 as follows:
A. All applicable City ordinances have been mel or will be mel by Ihe proposed
development.
B. All requirements oflhe Site Review Chapter have been met or will be mel.
C. The development complies with the Site Design Standards adopted by the Ciry Council
for implementation of this Chapter.
D. That adequate capacity of City facilities for walel~ sewer, paved access to and through
Ihe development, electricity, urban storm drainage, and adequate transportation can and
will be provided to and Ihrough the subject prOperty. All improvemenls in Ihe street right-
of way shall comply wilh the Street Standards In Chapter 18.88, Pel/ormance Standards
Options. (Ord. 2655, 1991; Ord 2836 S6, 1999)
5) The criteria for a Physical & Enviromnental Constraints Review Pefmit llfe described in AMC
Chapter 18.62.040.1, as follows:
1. Through Ihe application of the development slandards of this chapter, Ihe potential
impacts to the property and nearby areas have been considered, and adverse impacls
have been minimized.'
2. That the applicant has considered the potential hazards Ihallhe deveiopmenl may create
and implemented measures 10 mitigale Ihe potential hazards caused by the development. '
3. That Ihe applicant has laken all reasonable steps to reduce the adverse impacl on the
environmenl. Irreversible actions shall be considered more seriously Ihan reversible
PA #2010-01239
January 1]"',2011
Page 2
ORDINANCE ATTACHMENT 2
PLANNING COMMISSION FINDINGS
DATED: January 11, 2011
Note: Council Findings will ultimately be
substituted as "Ordinance Attachment 2"
actions. The Staff Advisor or Planning Commission shall consider the existing
development of the surrounding area, and the maximum permitted development permitted
by the Land Use Ordinance.
6) The criteria for a Tree Removal Pennit are described in AMC Chapter 18.61.080, as follows:
A. Hazard Tree: The Staff Advisor shall issue a tree removal permit for a hazard tree If the
applicant demonstrates that a tree is a hazard and warrants removal.
1. A hazard tree is a tree that is physically damaged to the degree that it is clear
that It is likely to fall and injure persons 01' property. A hazard tree may also
include a tree that is located within public rights of way and is causing damage to
existing public 01' private facilities 01' services and such facilities 01' services
cannot be relocated or the damage alleviated. The applicant must demonstrate
that the condition 01' location of the tree presents a clear public saftty hazard 01' a
foreseeable danger of property damage to an existing structure and such hazard
01' danger cannot reasonably be alleviated by treatment 01' pl'I/ning.
2. The City may require the applicant to mitigate for the removal of each hazard tree
pursuant to AMC 18,61.084. Such mitigation requirements shall be a condition of
approval of the permit.
B. Tree that is Not a Hazard: The City shall Issue a tree removal permit for a tree that is not
a hazard If the applicant demonstrates all of the following:
I. The tree is proposed for removal in order to permit Ihe application to be
consistenl with other applicable Ashland Land Use Ordinance requirements and
standards. (e.g. other applicable Site Design and Use Standards). The Staff
Advisor may require the building footprint of the development 10 be staked to
allowfor accurate verification of the permit application; and
2. Removal of the tree will not have a significant negative impact on erosion, soil
stability, flow of surface waters, protection of adjacent trees, 01' exls.tlng
windbreaks: and
3. Removal of the tree will not have a significant negative Impact on the tree
densities, sizes, canopies, and species diversity within 200 feet of the subject
property.
The City shall grant an exception to this criterion when alternatives to the tree
removal have been considered and no reasonable alternative exists to allow the
property to be used as permitted in the zone. Nothing in this section shall require'
that the residential density be reduced below the permitted density allowed by the
zone. In making this determination, the City //lay consider alternative site plans 01'
placement of structures 01' alternate landscaping designs that would lessen the
. PA #2010-01239
, January 11", 2011
ORDINANCE ATTACHMENT 2 ' Page3
PLANNING COMMISSION FINDINGS
DATED: January 11,2011
Note: Council Findings will ultimately be
substituted as "Ordinance Attachment 2"
impact on trees, so long as the alternatives continue to comply with other
p/'Ovisions of the Ashland Land Use Ordinance.
4. The City shall require the applicant to mitigate for the removal of each tree
granted approval pursuant to AMC 18.61.084. Such mitigation requirements shall
be a condition of approval of the permit.
7) The Planning Commission, following proper public notice, held a public hearing on November 9'\
2010 at which time testimony was received and exhibits were presented, This hearing was continued until
December 14th, 2010 at which time additional exhibits were presented and testimony taken. The Planning
Commission approved the application, however with the approval the zone change was limited to the 85
Winburn Way lot and adjacent ice rink lot (a portion of Tax Lot #100). In addition, the Conunission
drafted a number of reeonunendations to the City Council dealing with pennitted, special pennitted,
conditional and prohibited uses of the site for inclusion in the Development Agreement which are detailed
in the attached "Appendix A". The zone change requested for the remaining properties, including the city-
owned property containing Pioneer Hall and the Conununity Center, and the adjacent parking lot owned by
the Roberts and Mattsons, was denied,
Now, therefore, the Planning Conunission of the City of Ashland finds, concludes and reconunends as
follows:
SECTION 1. EXHIBITS
For the pwposes of reference to these Findings, the attached index of exhibits, data, and testimony
will be used.
Staff Exhibits lettered with an "S"
Proponent's Exhibits, lettered with a "P"
Opponent's Exhibits, lettered with an "0"
Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "M"
SECTION 2, CONCLUSORY FINDINGS
2.1 The Planning Commission finds that it has received all information necessary to make a
decision based on the Staff Report, public hearing testimony and the exhibits received,
2.2 The Planning Commission finds that the proposal for a Comprehensive Plan Map
Amendment and Zone Change from Single Family Residential (R-1-7,5) to Conunercial
Downtown (C-I-D), a Physical & Environmental Constraints Review Permit, a Tree Removal
Permit to remove five trees, and Site Review approval to constlUet a new 10,632 square foot
cafe/restaurant for the prope.t1ies located at 85 Winburn Way (the cafe lot) and a portion of the
PA #20JO-01239
January Il "', 2011
ORDINANCE ATTACHMENT 2 Page 4
PLANNING COMMISSION FINDINGS
DATED: January 11, 2011
Note: Council Findings will ultimately be
substituted as "Ordinance Attachment 2"
adjacent Tax Lot #100 (the ice rink lot) meets all applicable criteria for a Comprehensive Plan Map
Amendment and Zone Change as described in Chapter 18.106, a Physical & Environmental
Constraints Review Permit described in Chapter 18,62, a Tree Removal Permit described in
Chapter 18.61, and Site Review approval described in Chapter 18.72.
2.3 The Planning Commission finds finds that the applicants propose to change the subject
properties' Comprehensive Plan Map and Zoning designations from Single Family Residential
(R-1-7.5) to Commercial Downtown (C-I-D), and that they request to include the properties
within the Detail Site Review Zone and subject it to all of the standards thereof as well as the
Site Design and Use Standards' Historic District Development Standards, The Commission
further finds that the applicants are proposing not to include the property within the Downtown
Design Standards Zone as they suggest that these standards seek a specific Main Street-style of
building design which is more appropriate to the intense retail storefront development pattern on
the Plaza and within the downtown core than to this more transitional location within the park at
the periphery of the downtown, bordering on an historic residential neighborhood. The Planning
Commission further finds that the applicants are not requesting the Comprehensive Plan and
Zoning Map Amendments based on anyone specific criterion from the list of approval criteria,
but rather through a combination of these criteria based on various relevant goals and policies of
the Comprehensive Plan.
The existing cafe use, while it has seemed to struggle historically and more so with the declining
economy in recent years, is long-established as a Conditional Use on the basis that a significant
portion of its clientele were primarily visitors to the park and the downtown for whom the cafe was
a secondary destination, thus generating fewer vehicle trips and lesser parking demand than a
similar stand-alone restaurant might if it were to be a primary destination in and of itself, outside
the heart of the downtown. As such, the previously approved Conditional Use Pemut required that
only seven automobile and seven bicycle parking spaces be required for 90 seats, representing a 16-
space parking Variance. The Commission finds that re-zoning and re-developing the site as
proposed could prove beneficial in that it would revitalize the cafl! use while creating a much
stronger relationship with the Ice Rink, Pioneer Hall, Lithia Park and the Winburn Way streetscape.
The Commission finds that staff and a number of those providing written or oral testimony during
the hearing have raised the issue of potential impacts associated with adding the parking demand of
a 189 seat restaurant to the already heavy parking demand in this area of the downtown. The
Commission finds that the applicants have conducted an informal parking study over the course of
the past year, and have concluded that while parking is in high demand later in the day and in the
evenings during the peak summer season, parking demand generally fluctuates seasonally,
throughout the day based on time, and also according to the weather conditions. The applicants
study also suggests that there is a lesser parking demand during the winter months and that this
reflects the fact that there are fewer customers in the downtown, and that the presence of the eafe-
restJlurant and associated improvements proposed by the applicants to enhance the Ice Rink could .
serve to attract customers during what would othelwise be a period of lesser demand.
,
PA #2010-01239
January 11",2011
Page 5
ORDINANCE ATTACHMENT 2
PLANNING COMMISSION FINDINGS
DATED: January 11, 2011
Note: Council Findings will ultimately be
substituted as "Ordinance Attachment 2"
The Commission further finds that within the downtown setting, where the city seeks to provide a
high level of urban design where buildings and streetscapes are crafted to create a pedestrian
friendly environment with storefront continuity, an off-street parking requirement is not the best
option because the placement of parking and circulation on site in these areas can work against
other adopted policy documents and established standards intended to keep designs human scale
and pedestrian friendly, The Commission notes that this is an underlying reason behind there being
no off street parking requirement for projects within Ashland's existing downtown zone (C-I-D),
and as proposed with C-I-D zoning no parking would be required for the new restaurant/cafe.
.,
The Commission finds that the intensity of the proposed cafe use and its associated impacts on
parking demand in the vicinity will be seasonal and will be limited to the degree that the cafe serves
as a secondary destination to downtown shopping, OSF, Lithia Park and the adjacent ice rink, The
Commission further finds that during the periods of peak parking demand during the summer
season, the ice rink will be closed and its area available to provide additional parking to address this
additional demand, The Commission finds that, particularly within the downtown, the need to
accommodate cars cannot outweigh the bigger picture planning objectives of creating a human-
scale, pedestrian-friendly built environment, and that in this instance the proposal for the cafe lot
and adjacent ice rink lot merit inclusion within the -D overly of the C- J district where there is no
off-street parking requirement for most uses. However, the Commission finds that the potential
parking impacts must be mitigated through demand management measures to the greatest degree
possible and that there needs to be a substantial effm1 on the pa11 of the applicants to encourage
non-automotive modes of transportation including bicycling, walking and transit by employees of
the cafe as well as its customers. The Commission finds that measures to this end should include
the development of an multi-modal transp0l1ation plan which includes but is not limited to a staff
ride share coordinator as proposed by the applicants, free bus passes made available to employees
who request them, provisions for significant secure bicycle parking, with a portion of this parking
to be provided in a location suitable for employee use, and showers and lockers to serve bicycle
commuting employees.
The Commission finds that measures of this nature are likely to be particularly effective given that
peak parking demand occurs at a time of year when the weather is most suited to the use of non-
automotive modes of transportation,
The Commission finds that the proposal addresses a public need and thus merits the proposed
Comprehensive Plan Map Amendment and Zone Change, More specifically, in addition to the
public and private amenities to be provided by the applicants with the proposed development in the
fOlm of improvements to the Pioneer Hall courtyard including a new seating wall to provide an
improved assembly space; the addition of a skating rink building which would include space for
public batJrrooms, administrative offices, skate storage, and zamboni parking, in addition to drop-
off space and plaza/courtyard spaces with seating for assembly and viewing the rink's various
recreational activities; widened sidewalks in various locations along Winburn Way bringing the
corridor more into compliance with Ashland's Street Standards; a large entry plaza at 85 Winburn
Way for assembly; and an unloading zone for deliveries out of the main travel lane, the
ORDINANCE ATTACHMENT 2
PLANNING COMMISSION FINDINGS
DATED: January 11, 2011
Note: Council Findings will ultimately be
substituted as "Ordinance Attachment 2"
PA #2010-01239
January 1 )..., 201 t
Page 6
Commission finds that the project will serve to revitalize a long-languishing site and use and in the
process provide an engine for economic development, particularly through its potential to have a
strong positive economic impact on the surrounding area during the slower winter season.
The Commission further finds that in assessing whether the proposal ,addresses a public need, there
must be some consideration of its potential negative impacts, such as parl<:ing, weighed against its
benefits, including the. various improvements to be provided and the potential for a positive
economic impact on the sun'ounding area, in order to reach a detennination that the proposal
ultimately will render public benefits which, when oonsidered in sum, will outweigh any potential
negative impacts. The Commission finds that with regard to the 85 Winburn Way cafe lot and the
adjacent ice rink lot, the applicants have made a oomprehensive evaluation of Winburn Way's pre-
existing uses and their relationships to Lithia Park, one another and the streetscape, and the
improvements they offer reflect a realization that in improving the streetscape, Pioneer Hall
courtyard, and the Ice Rink facilities, the proposal would have significant mutual benefits for the
applicants and the city and merits the requested re-zoning, However, the Commission ful1her finds
that the application fails to address in sufficient detail or provide for a similarly compelling level of
consideration of the benefits and impacts of the re-zoning of either the RobertslMattson lot or the
lot containing Pioneer Hall and the Community Center, and the Commission's approval of the zone
change is accordingly limited to the cafe lot at 85 Winburn Way and the adjacent ice rink lot.
The Planning Commission fuJ1her finds that the use of this area of Winburn Way has not
historically developed in keeping with the residential zoning designation. The City initiated the
first commercial re-zoning with the re-development of 51 Winburn Way, and when the historic
development pattern of the block is considered along with the precedent begun by the City, the
block seems less than ideally suited to residential development. With this in mind, the Commission
finds that the cunent residential zoning is inappropriate and that the cafe lot at 85 Winburn Way
and the adjacent ice link lot should be re-zoned for commercial use as requested by the applicants.
The Commission finds that because no residential units are proposed with the application, and
because the proposal involves a change in zoning from Single Family Residential to Conunercial
Downtown, it will not negatively impact the City's commercial land supply,
2.4 The Planning Commission finds that the proposed building consists of a 10,632 square
foot cafe-restaurant with four levels: I) a 3,158 square foot basement not visible from the
exterior providing areas for storage, mechanical" equipment, food preparation, bathrooms, a wine
cellar and potentially some dining; 2) a 3,965 square foot main floor with the building's primary
entrance as well as coveredlheated outdoor assembly space for winter patrons; 3) a 3,148 square
foot upper floor primarily dedicated to dining and assembly space and including a covered and
heated outdoor deck to accommodate assembly of patrons to view the ice rink, as well as a larger
dining area for special events or peak periods; and 4) a 361 square foot roof-top garden area with
a partially-oovered observation deck for viewing Lithia Park while allowing natural light into the
building.
ORDINANCE ATTACHMENT 2
PLANNING COMMISSION FINDINGS
DATED: January 11, 2011
Note: Council Findings will ultimately be
substituted as "Ordinance Attachment 2"
PA #2010-01239
January 11 "', 20 J J
Page 7
The Planning Commission finds that the proposed development will offer a number of pedestrian
amenities in the form of wide sidewalks, spaced tree canopies, and covered and uncovered seating
space that are generally protected from the weather. The proposed building entrance sits 20 feet
from the property line and 3 I feet from the back of curb, and is surrounded by smaller gabled
volumes which serve to create a semi-enclosed plaza space at the fi'ont of the building. Plaza space
is to be treated in a scored colored concrete consistent with City sidewalk standards within the
historic district, and outdoor dining and warming areas are provided along the skating rink's north
edge to cement a relationship between the cafe and the adjacent ice rink. Outdoor plaza space for
the front plaza and south ice rink plaza totals 1,300 square feet, exceeding the public space
requirements of the Detail Site Review Zone, and includes seating, a mixture of sun and shade
areas, protection from wind and inclement weather, and outdoor eating areas.
The Planning Commission finds that while the proposed builqing is approximately 125 feet long, it
includes two smaller gabled elements near the street which are intended to be respectful of the
pattern created by Pioneer Hall and the Community Center in providing a human-scale relationship
to the streetscape, These smaller elements provide distinctive changes in the building's fayade and
serve to delineate a plaza space near the building's main entry. A rock veneer base on the smaller
gabled elements which bookend the front plaza gives way to glass used extensively around the
plaza space, drawing people to the main enby. The use of windows and glass, which exceeds the
required 20 percent of the street-facing wall area, provides natural light while selving to accentuate
a fluid relationship between the public and private spaces. The second floor elements are
cantilevered approximately eight feet out over the entry and plaza area, pl'Oviding protection from
sun and rain for pedestrians. Additional assembly space on the main floor and second floor provide
. viewing areas for the ice rink.
The Commission finds that in addition to the Basic Site Review, Detail Site Review and Large
Scale Development Design Standards, because the project is within one of Ashland's Historic
Districts it must also be considered in terms of the Historic District Development Standards which
call for consideration of building heights, scale, massing, setbacks, roof shapes, rhythm of openings,
platforms, directional expression, sense of entry, and avoidance of imitation of previous
architectural styles in building design to maintain a consistency with the long-established
underlying architectural themes of each district. The Planning Commission finds that while the
building is a large one and its design represents an iconic mixture of architectural styles, design
elements and materials, the unique physical constraints of the site and the nature of the building and
its proposed use serve to mitigate these issues, and the overall effect of the design is to create a
lodge-like building that is well-suited to the setting of Lithia Park. The Commission finds that
while the building is in a prominent location relative to the historic park, the physical constraints of
the location including the Ashland Creek liparian con-idol' and Winburn Way street corridor to the
front, the steeply-sloped and heavily- treed hillside to the rear, and skating link/parking Jot to the
side mitigate the building's bulk, mass, scale and iconic nature by providing a spatial buffer and
perceived separation from sUlTounding uses on three ofits four sides, and that the applicants' efforts
to integrate the site and its proposed improvements and uses with the Ice Rink, Pioneer Hall and
ORDINANCE ATTACHMENT 2
PLANNING COMMISSION FINDINGS
DATED: January 11, 2011
Note: Council Findings will ultimately be
substituted as "Ordinance Attachment 2"
PA #201O-Ot239
January 1''',201 t
Page 8
Winburn Way pedestrian corridor are reflective of the unique role they propose to establish for the
building within the park and streetseape.
The Commission finds that the proposed design works well in the context of Lithia Park, that the
site work and building design proposed will contribute to developing a stronger sense of place, and
that the streetscape created will serve effectively to draw those who see it from near the great lawn
in the park, The Commission further finds that the architectural model provided gives a strong
illustration of the proposed building's suitability within the context of Lithia Park and Winburn
Way streetseape, and that the model and cross-section drawings when considered together largely
mitigate concerns over any impacts to views of Granite Street neighbors above the project.
2.5 The Planning Commission finds that a portion of the building's rear first floor encroaches
into hillside lands with severe constraints (due to slopes greater than 35 percent) in an area of
approximately seven feet by approximately 40 feet. The Commission further finds that placement
of the building as proposed will necessitate some vertical and near veltical cuts that will intrude
minimally into the base of the banle The Commission finds that there is approximately 280 square
feet of encroachment into the sloped embankment at the northwest comer of the building with the
proposal, and that there will no grading or fills placed on the hillside, which will either remain in its
existing state or, if inteiTupted, simply abut the proposed structure.
Based on site observations and knowledge of the development proposal, the project's geotechnical
expert has indicated that the site is suitable for the proposed development. The building itself is to
he designed to retain the existing slope while stabilizing erosion with temporary shoring designed
by the project geotechnical expert to retain the slopes during construction, With the exception of
minor encroachments into the existing hillside to construct the rear retaining walls of the proposed
building, development will occur within the footprint of the existing structure and adjacent parking
area, Grading, vegetation removal, cut slopes, and shoring will be kept to the minimum neeeSSalY
to construct the real' retaining walls and foundation of the proposed building, The project
geotechnical expert has conducted preliminary geological reconnaissance to determine that the
hillside is composed of highly weathered and fraetlu'ed granitic bedrock, with local and thin
deposits of cemented alluvial deposits and man-made fill present to a lesser degree, Surficial soils,
where present, consist of silty sand, and no groundwater seepage was observed during field
observations. The flat lower portion of the site at the base of the hillside is asswned to consist of a
thin layer of man-made fill over natural stream alluviUl1l, which is composed in part of potentially
very large boulders. Groundwater is asswned to be less than ten feet deep and subject to seasonal
fluctuations, Dwing the geotechnical expert's field observations, bedrock discontinuities were
obscured by vegetation as well as the presence of the existing building; demolition of the building
and vegetation removal will allow further subsurface exploration to develop complete final
geotechnical recommendations, including soil engineering designs and foundation engineering to
mitigate seismic hazards, stabilize the slope and provide protection for the p1'Oposed building, as
well as soil engineering consl1uction observation and testing requirements for submittal with the
building permit application.
'"
ORDINANCE ATTACHMENT 2
PLANNING COMMISSION FINDINGS
DATED: January 11, 2011
Note: Council Findings will ultimately be
substituted as "Ordinance Attachment 2"
PA #20tO-OI239
January t1~, 201 t
Page 9
The Commission finds the proposed encroachment into severe constraints lands to be appropriate
given the shallowness of the buildable area of the lot in relation to the slope, the minimal amount
of disturbance described in the application, and the geotechnical expet1's observations and
recommendations.
2.6 The Planning Commission finds that the four pines proposed to be removed, Trees # 1-#4,
are ill-suited to placement on the south side of a building, and that the proposed removal of the
apple tree (free #9) from its location within the canopy of the larger Oak (Tree # 10) will reduce
competition for resources and thus benefit the Oak while allowing for the installation of
necessary electrical facilities and a new seating wall planned for tbe Pioneer Hall courtyard. The
Commission fut1her finds that the proposed removals will have no negative impacts on erosion,
soil stability, flow of surface waters, protection of adjacent trees, existing windbreaks, or tree
canopy within 200 feet of the subject property. The Commission fm1her finds that with the two
trees (frees #5 & #6) to be relocated from the circular planters within the sidewalk to a location
near the proposed skating rink building at the Nutley Street intersection, and the planting of 11
mitigation trees to offset the five trees being removed, a more diverse canopy of trees will be
created on the site,
2,7 The Planning Commission finds that re-zoning of the site needs to be considered in light
of both the mutually-beneficial relationship between the proposed cafe and the existing buildings,
park, skating rink, and streetscape which is at the core of the proposal and more broadly in tenns
of the compatibility of potential future uses of the cafe building with the specific context of the
block as an area of transition between the mOl'e intense uses of the nearby downtown core and the
Skidmore Academy historic district on Granite Street, keeping in mind the adjacent National
Register of Historic Places-listed Lithia Park with its riparian corridor and heavily-used
playground, the adjacent community-ownedlfarnily-oriented ice rink, and the existing
public/institutional buildings, The Commission finds that simply allowing the uses pennilled
elsewhere in the C-I-D district could in some instances cases pose significant concerns in tenns
of site-specific contextual compatibility, The proposed Development Agreement provides a
mechanism to limit incompatible uses while giving both the city and the applicants a level of
assurance as to the potential for future transition to uses other than those cun-ently being
considered for the proposed building. The Planning Commission has accordingly made specific
recommendations (attached to these findings as Appendix A) to the City Council for inclusion in
the Development Agreement in order to insure that any future uses of the proposed building are
limited to those appropriate to the building's site-specific context. Of particular note:
Nightclubs & Bars: The Commission finds nightclub and bar uses to be incompatible
with this transitional location and its context within a National Register of Historic
Places-listed community resource like Lithia Park, adjacent to a family-oriented
community ice rink, across from a playground and very near an established historic
residential neighborhood, and they have accordingly been removed from the list of
PA #2010-01239
January Ilili, 2011
Page 10
ORDINANCE ATTACHMENT 2
PLANNING COMMISSION FINDINGS
DATED: January 11, 2011
. Note: Council Findings will ultimately be
substituted as "Ordinance Attachment 2"
pe\mitted uses which the Commission is recommending to Council for inclusion in the
Development Agreement. The Commission fUtther finds that alcohol could be served in
a restaurant use on the location provided that food service remains the primary use and
focus, and that alcohol service or any potential entertainment component would remain
secondary"
HotelslMotels: The Commission fmds that hotels and motels are among the. only uses
requiring that off-street parking be provided within the C-I-D district. Given that the
applicants are proposing to construct the building with no room for on-site parking, the
Commission finds hotel or motel use would require a Variance, and further finds that it
would be difficult to find such a Variance not to be self-imposed by the specifics of the
current development proposal. The Commission accordingly recommends that hotels and
motels be removed from the conditional uses. allowed in the Development Agreement. '
Medical Offices: The Conunission finds that while medical offices are an outright
permitted use in the C-I-D district, they pose a concern in this location. Unlike many
other uses, medical office uses are typically primary destinations as patients are unlikely
to combine medical procedures with other downtown activities, The Commission further
finds that medical office uses typically bring a much more intense and constant parking
demand due to a higher number of employees and a high-volume of patients rotating in
and out constantly through the day, with little seasonal fluctuation. The Commission
finds that while a medical office use may work in this location under limited
circumstances, such a use would need to be carefully considered given that it was likely
to be a primary rather than secondary destination, with higher parking demand and higher
volumes of patients and employees. The Commission has accordingly recommended
moving Medical Offices to a conditional use within the Development Agreement.
The Conunission further finds that development of the site brings with it the potential for
significant impact~ to the sunounding properties including the adjacent park, skating rink/parking
lot, neighboring homes and businesses, and the Winburn Way streetscape, and that these impacts
must be carefully considered and addressed through the Development Agreement in order to
minimize disruptions. The Conunission rccommends that the Development Agreement be crafted
to .address not only a timeline for demolition and construction, but also its staging so as to avoid
uuforeseen OJ' extended disruptions to neal"by circulation or parking, particularly during the peak
season,
SECTION 3, DECISION
3.1 Based on the record of the Public Hearing on this matter, the Planning Commission concludes that the
proposal for a Comprehensive Plan Map Amendment and Zone Change from Single Family Residential
(R-I-7,5) to Commercial Downtown (C'I-D), Physical & Environmental Constraints Review Pennit,
Tree Removal Pelmit to remove five trees, Site Review approval to construct a new 10,632 square foot
cafe/restaurant, and a Development Agreement for the two propelties located at 85 Winburn Way and
ORDINANCE ATTACHMENT 2
PLANNING COMMISSION FINDINGS
DATED: January 11, 2011
Note: Council Findings will ultimately be
substituted as "Ordinance Attachment 2"
PA #2010-01239
J,OU")' II~, 2011
Page It
the adjacent ice rink lot portion of Tax Lot #]00 of Map 39 IE 09 is supported by evidence contained
within the whole record,
However, the Commission further concludes that the evidence presented to merit a zone change for the
remaining properties (the RobertslMattson parking lot, Community Center or Pioneer Hall) is inadequate
and fails eto meet the burden of proof, and the request to change the zoning of those properties is
accordingly denied.
Therefore, based on our overall conclusions, and upon the proposal being subject to the following
conditions, we approve Planning Action #20] 0-01239 only for those two properties located at 85 Winburn
Way and the adjacent ice rink lot. portion of Tax Lot #]00 of Map 39 IE 09. Further, if any of the
conditions below are found to be invalid, for any reason whatsoever, then Planning Action #2010-0]239 is
denied. Thefollowing are the conditions and they are attached to the approval:
I) That all proposals of the applicant shall he conditions of approval unless otherwise modified
here.
2) That the plans submitted for the building permit shall be in substantial conformance with those
approved as part of this application. If the plans submitted for the building permit are not in
substantial conformance with those approved as palt of this application, an application to modify
this approval shall be submitted and approved prior to issuance of a building permit.
3) That a sign permit shall be obtained prior to installation of any new signage. All signage shall
meet the requirements of Chapter 18.96.
4) The approved uses of the site shall be limited to those explicitly established in the Development
Agreement.
5) That prior to the submittal of a building permit:
a) All easements, including public and private utility easements, mutual access easements,
public pedestrian access easements, and firefighter access pathway easements shall be
identified in the building permit submittals.
b) That a stormwater drainage plan shall be submitted for the review and approval of the
Planning, Building, and Engineering Divisions.
c) Engineered construction drawings for the improvements to Winbmn Way shall be
provided for the review and approval of the Planning and Engineering Depaltments plioI'
to building permit submittal and plior to any work within the street right-of-way or
pedestrian eon'idor. The final engineered designs shall include details for full-drop apron
wings where the sidewalk crosses the driveway to the Ice Rink. The applicants shall
obtain neeessmy Public Works permits and inspections for work to be completed within
the public right-of-way; concrete color selection shall the standard approved color within
Ashland's Historic Districts.
d) A final utility plan for the project shall be submitted for the review and approval by the
Planning, Engineering and Building Divisions prior to issuance of a building permit. The
utility plan shall include the location of connections to all public facilities in and adjacent
to the development, including the locations of water lines and meter sizes, sewer mains
ORDINANCE ATTACHMENT 2
PLANNING COMMISSION FINDINGS
DATED: January 11, 2011
Note: Council Findings will ultimately be
substituted as "Ordinance Attachment 2"
PA #2010.01239
January II~, 2011
Page 12
and services, manholes and clean-outs, storm drainage pipes and catch basins. Utility
installations, including any necessary fire protection vault, shall be placed outside of the
pedestrian corridor, and necessary public utility easements on the property shall be shown
on the building permit submittals,
e) The applicant shall submit an electric distribution plan including load calculations and
locations of all primary and secondary services including transformers, cabinets and all
other necessary equipment. The plan shall address maintaining line truck access to the
three-phase transformer free of any obstructions including the trash enclosure, and shall
address how the existing services to the Community Center and Pioneer Hall are to be
relocated, This plan shall be reviewed and approved by the Planning, Building,
Engineering and Electric Departments prior to building permit submittal. Transformers
and cabinets shall be located outside of the pedestrian eonidor, in those areas least visible
from the street while considering the aceess needs of the Electric Department.
f) That exterior building materials and paint colors shall be compatible witb the surrounding
area, and sample exterior building colors shall be provided with the building permit
submittals for review and approval of the Staff Advisor. Bright or neon paint colors shall
not be used in accordance with II-C-2f) ofthe Detail Site Review Standards.
. g) That the windows on the ground floor shall not be tinted so as to prevent views from
outside ofthe building into the interior of the building. The building plan submittals shall
also include specifications for treatment of the glass on the central glass roof element
demonstrating that it shall not create glare to surrounding properties,
h) That the building's foundation shall be designed by an engineer or architect with
demonstrable geotechnical design experience in accordance with l8.62.080.F, and a final
comprehensive geotechnical investigation repOlt and specific soil engineering design
recommendations shall be provided along with written verification from the project
geotechnical expe\ts addressing the consistency of the building pennit design submittals
with these geotechnical recommendations (e.g, foundation plan, grading plan and
drainage plan, required geoteehnieal inspection schedule, etc,) with the building permit
submittals.
i) That the applicants develop a construction timing, staging and circulation plan to
minimize impacts to nearby parking and circulation to the greatest extent possible for the
review and approval oftbe Staff Advisor and Public Works Director prior to the issuance
of a building permit.
6) That prior to the issuance of a building permit:
a) That the recommendations of the Tree Commission's November 4th, 2010 meeting shall
be conditions of approval where consistent with applicable standards and with final
approval by the Staff Advisor, and shall be incorporated into a revised Tree Preservation
and Protection Plan (if necessary).
b) That a Verification Permit in accordance with 18.61.042.B shall be applied for and
approved by the Ashland Planning Division prior to the removal of the five trees to be
removed from the site or the two trees to be relocated, and prior to site work including
demolition, storage of materials and/or issuance of a building permit. The Verification
PA #2010-01239
January I I~, 201 1
ORDINANCE ATTACHMENT 2 Page t3
PLANNING COMMISSION FINDINGS
DATED: January 11, 2011
Note: Council Findings will ultimately be
substituted as "Ordinance Attachment 2"
Permit is to inspect the identifications of trees to be removed and the installation of tree
protection fencing to protect the trees to be retained. The tree protection fencing shall be
installed according to the approved Tree Protection and Removal Plan, inspected and
approved by the Staff Advisor prior to site work including demolition or tree removal,
storage of materials and/or issuance of a building pennit.
c) That the applicants shall obtain approval of a DemolitionlRelocation Pennit through the
Building Division and any necessary inspections associated with the demolition of the
.
existing structure.
d) The applicant shall provide a revised Landscape/Irrigation Plan which addressed the
Water Conserving Landscaping Guidelines and Policies of the Site Design and Use
Standards, including irrigation controller requirements to allow multiplelflexible calendar
programming. The revised landscape plan shall include planting details for the green roof
with plant selections suited to Ashland's climate and consistent with the Water
Conserving Landscaping Guidelines,
e) All exterior lighting shall be appropriately shrouded so as not to permit direct
illumination of any adjacent land. Lighting details, including a scaled plan and
specifications detailing shrouding, shall be submitted to the Staff Advisor for review and
approval with the building permit submittals.
f) All mechanical equipment shall be screened from view from the Winburn Way
streetseape. The locations of mechanical equipment and any associated screening shall be
shown on the site plan and elevations in the building pennit submittals,
g) The requirements of the Boilding Division shall be satisfactorily addressed, including but
not limited to requirements that the grease interceptor be relocated to an area where it can
be serviced during business hours and which is less susceptible to odor dw.ing servicing,
h) The requirements of the Ashland Fire Department shall be satisfied, including that all
addressing shall be approved prior to being installed; that an approved firefighter access
pathway be provided and maintained around the building; that adequate fire flow be
pmvided; that ade!juate clearance be provided around hydrants; that any gates, fences or
other obstl'Uctions which could impede fire access shall be identified on all plans for the
review and approval of the Fire Department; that high piled storage requirements be
addressed in the permit submittals, if applicable to the final proposal; that a fire
department connection and key box be provided; and that the trash enclosure not be
placed under combustible overhangs or within five feet of openings.
i) That the tree protection, erosion control or shoring measures shall be installed according
to the approved plan prior to any site work inCluding demolition, storage of materials,
issuance of an excavation permit and issuance of a building permit. The erosion control
measures shall be installed as identified in the geotechnical report, Tree protection,
erosion control and shoring measures shall be inspected and approved by the applicants'
geo-teehnical engineer and the Staff Advisor prior to other site work, storage of materials,
the issuance of an excavation permit, and/or the issuance of a building permit.
7) That prior to the issuance of a certificate of occupancy:
a) That the screening for the trash and recycling enclosure shall be installed in accordance
PA #2010.()1239
January 11"',2011
ORDINANCE ATTACHMENT 2 Page 14
PLANNING COMMISSION FINDINGS
DATED: January 11, 2011
Note: Council Findings will ultimately be
substituted as "Ordinance Attachment 2"
with the Site Design and Use Standards. An opportunity to recycle site of equal or greater
size than lhe solid waste receptacle shall be included in the trash enclosure in accordance
wilh l8.72.115.B.
b) All landscaping and the irrigation systems shall be installed in accordance with the
approved plan, inspected and approved by the Staff Advisor prior to the issuance of a
certificate of occupancy.
c) That sh'eet trees, one per 30 feet of street frontage, shall be installed along the frontage of
the development in accordance with the approved final landscaping plan and prior to
issuance of the certificate of occupancy. All street trees shall be chosen from the adopted
Street Tree List and shall be installed in accordance with the specifications noted in
Section E of the Site Design and Use Standards, The street trees shall be irrigated.
d) All public and private improvements, including but not limited to the proposed
cafe/restaurant and ice rink buildings, sidewalks, drop.off areas, street trees, street
lighting, and Pioneer Hall courtyard improvements including the seating wall shall be
completed in a manner consistent with the approved plans and development agreement
prior to finHl occupancy approval. The ice rink support building shall accommodate all of
the uses noted (administrative office space, skate storagelrental, public resh'ooms and
zamboni garage) and be adequately sized to do so; shall be architecturally compatible
with the park, neighborhood and proposed cafe! building; shall be designed with input
from the Parks and/or Historic Commissions; and its design development, land use
approval process, pennitting and associated fees and charges, and construction of the
building shall be the sole financial responsibility of the applicants.
~n4;7a-w"----'
Planning Commission Approval
January 11 th. 2011
Date
ORDINANCE ATTACHMENT 2
PLANNING COMMISSION FINDINGS
DATED: January 11, 2011
Note: Council Findings will ultimately be
substituted as "Ordinance Attachment 2"
PA #2010-01239
January Il~, 2011
. Page 15
APPENDIX A
PLANNING COMMISSION RECbMMENDATtONS
FOR INCLUSION IN THE DEVELOPMENT AGREEMENT
FOR 85 WINBURN WAY (ICE RINK & CAFE LOTS)
Recommended List of Permitted Uses,
The following uses and their accessory uses are recommended to be permitted outright:
A. Professional, flriMt:ial, and business offices, and personal service establishments such as
beauty and barber shops,
S, stores, shops and offices supplying commodities. or performing servic:es,sucti as an antique
shop, artists supply stQre, or non-chain department store. . ..
c. Re'slaurants, {The Planning Commissiona~ked that staff work wjtil, tile appUcants and
Councllto~larifythe Development Ag.reemennomaKeclea(thatwilile'riightclubsam;1
bars have intentionaUy.. been. removed from this list as incompatible with this
trailsitionallocation and its context within a Nati6nal Register of Historic Places4istllcJ
.col)1munityreSQurc~IIRe Lithia.Pari<, adjacent to a family-oriented,comniunltyice rink,
across from a playground ancf. very Mar an establishetl. historic resicJential
neigI11J9rhood,i~ wias antlclpatetl that*Il:t>ilol C9uld and vitoultlbe served in iitny
restaurant provided'thatfood serviCe remained the primary use and thatalcoholservlce
or iitny potentialentertainmentcornpohentWoilltl remainsecohdary:}
D, Theaters, but not including a drive-in. .
E. Manufacture or assembly of items sold in a permitted use, provided such manufacturing or
asseinbly occupies six hundred (600) square feet or less, and Is contiguous to the
flerrnitted retailoutle\. ..
F: Printing, publishing, lithography, xerography, copy centers.
G. Temporary tree sales, from November 1 to January 1.
H. .Public and quasi-public utility and service buildings, and public parking lots,but excluding
electrical substations.
Recommended Lislof Sneeial Permitted Uses.
The foll.owlng uses and their accessory uses are permitted outright supJect to the
requlrertleills of this section and the requirements of Chapter 18.72, SlteOesign and Use
Standards.
A; Bowli)lg alleys, auqitpriums, skating rlnks,andminiallJre gotl courses. II parklrig areas are located
within 200~ of a residential district, they shall be shielded from residences by a fence or solid vegetative
screen. a minimum of 4' in height.
B: Residential uses.
1. At least 65% of the total gross floor area of the ground floor, or at le<:lst 50% ()f that6tal
lot area if there are rnultipie buildings shall be designated for perrnitted or special
permitted uses, exclUding residential.
ORDINANCE ATTACHMENT 2
PLANNING COMMISSION FINDINGS
DATED: January 11, 2011
Note: Council Findings will ultimately be
substituted as "Ordinance Attachment 2"
PA #2010:0t239
January 1I"', 'lOll
Page J 6
2. Residential densities shall natexceed30 dwelling units per acre in the C-1 District, anQ
60 dweliingunits per acre in the C'1-D District. Far the purpose of density calculations,
units of less than 500 square feet .of gross habitable flaor area shall coUnt as 0.75 of a
unit.
3, Residential uses shall be subject to the same setback, landscaping, and design
standards as for permitted uses in the underlying C-1 or C"l-D District.
4. Off-street parking shall not be requited for residential uses in the C-1-D Dlstript.
5. If the number .of residential units. exceeds 10, then at least 10% ofthe residential.units
shall be affordable for moderate incame persons in accard with the standards
established by resolution of the Ashland City Council through procedures contained
in the resolution. The number of units required to be affordable shall be rounded dawn
ta the nearest whole unit.
Recammended List .of Canditiailal Uses.
The. falloWing uses and their accessory uses areper'mitted when authorized in accardance
with the chapter anCanditional Use Permits:
A., Medical Offices {Medical offices. are an outright permitted use in the C-1-D district;
Commissioners were generallyconcerlled. tn~~unlike many .of the '.other uses, medi.c.al
I?ffi,ce; 4~e;>a,.e typically primarydestiniitiQns ({;ei a piltitint is. imliktWto see a:p/~y,
.have dinner, walk in the park, shop in the dawhtown and .then. stop inforan ifllf.JromptLl
m~ciical proc(idure), liiadditibn, theseusestypic~lIy l,iiirigamu!lh mor~lntensealld
,coristahtparkihgdemanddueto.a highllrnumberohmployees and a high,voluineof
p<ltients rotating in andcut'constantlythrough the day; with little sess,anarflucwati(jn,
Th~ Ccimmission felt that a medicalofficeu$e might worJ{here under limited
circunistancesbuHelt geiler<llly~hatsuch a use would need to be carefullycansidered
ghien,tll~t it was likely ta be aprlm~ryratl1"erth,lIrElecol'i(laryde!3tl!1ation, with higher
parking demand and highervolumes ofpatieilts.andemployees.}.
B. Temporary uses. .
C. Outdoor storage .of commodities associated with a permilted, special permitted or
conditional use;
D. Churches or similar religious institutions,
Prchibited Uses (As Pro/3osed bv theA/3/3/icantsl
The'followil1g uses are to be explicitly prohibited with this appr'av~lI:
FormulCl or "chain" stores and restaUrants are prohibited. FOr the. purpose .of this Development
Agreement, a formula store or rllstaurant is a company with ten (1 0) or morEl slOre or
ief)tauiimt locations nationally, in additicn to. having two .or more .of the fqliowing
characteristics: "branded" trademark; meichancli~e, uniforms, fa9Clde, signage, decor and
color: If the formula or "chain" store or restaurant Is based in AShland as Its original or
'flagship" store or restaurant location, then the use shall be considered permiSsible. under thIs
section. {The applicantS. noted thClf thilre was soniepossibllity that they would .open
PA #20 10-0 t139
January 1 j", 20ll
ORDINANCE ATTACHMENT 2 Pagel7
PLANNING COMMISSION FINDINGS
DATED: January 11, 2011
Note: Council Findings will ultimately be
substituted as "Ordinance Attachment 2"
another store elsewhere between the approval of the Development Agreement and
construction of the proposed building; ang asked for sOme f1e~ibl.ntYt() Emsurethat
whether there was another store elseythel'e or not that Ashland was considered theil'
flagship loc~tion. Tlie Planning Commission had no objection to thisfl(~xibHitY.}
Heiaht Limitations (As ProIJosed bv the AIJIJ/icantsl
The following limitations on building height, wliich are more restrictive than those applied
el.sewhere in the C-1-D district, would apply to the properties granted zone change witli this
approval: .
Structures which are greater than 30 feet in height, but less than 40 feet, rnay De permitted as
a conditional use unless approved as part .0fPlanning Action #2010-01239. The definition of
height shall be as defined in Section 18.08.290.
Alternative Transportation Mode Encouraaemerit Proararn
The applicants shall provide a rnultl"modal transpOrtation plan Which includes but is not limited to a
staff coordinator to coordinate ride shares, provide bus passes to ernployees who request thern,
provide significant amounts of bicycle parking" and showers for bicycle commuters. {The<Planning
Commission il'ldh::atiid that they bellEiiied it was importanfthatthe applicants di:ieverything.
possible to encourageemployeesand.customers to utilize alternative modes, of transportation
~sarne,l1risto mitigate ap[>rtion of ' the parking!l)lp~Cts as~o~iat~d with the prqpo.~al., The
applicantiistipulated that they wouid be willing to assigha. staff member to coordiilate:ride
shares, prOvide, bus passes tq employees Who wanted them, ahd do "everything within
reason" tei encouragealternatliie modes:}
ORDINANCE ATTACHMENT 2
PLANNING COMMISSION FINDINGS
DATED: January 11, 2011
Note: .Council Findings will ultimately be
substituted as "Ordinance Attachment 2"
PA #2010-01239
January 11$, 20Jl
Pagel 8
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Ordinance Amending Business License Ordinance
February 15,2011 Primary Staff Contact: Megan Thornton
Legal E-Mail: thorntm@ashland.or.us
Finance Depart Secondary Contact: Lee Tuneberg
Martha Benne Estimated Time: 30 Minutes
Question:
Should the City Council approve the First Reading of an ordinance titled, "An Ordinance Relating to
Business Licenses" and move on to Second Reading?
Staff Recommendation:
Staff recommends Council approve the First Reading by title only and set the matter for Second
Reading.
Background:
At the Council meeting on February I, 2011, the Council made a motion at the end of the meeting, but
there was not sufficient time to discuss the motion. The motion was to keep the language the same as
in the current business license ordinance and not require booths to get licenses. That language is
captured in choices one and two in this Council Communication. This motion must be voted on before
another motion is made.
The business license ordinance was adopted almost twenty years ago. There have been a number of
enforcement cases from different departments that have suggested that changes to the business license
ordinance may be ad~antageous. For example, business licenses are currently issued to applicants
even if the business is in violations of the land use code, food and beverage tax, or the transient
occupancy tax.
At a study session on December 6,2010, the Council provided direction to staff to draft a business
license ordinance that would also regulate businesses. The Council directed staff to include criteria that
would allow a business license to be denied or revoked and a process for revoking the license if the
criteria were met. In addition, the Council discussed adopting a fee structure that would allow the City
to collecr better data on the number of rental properties and home occupations in the City and
shortening the tenn for temporary licenses.
On January 18,2011, the Council provided comments on the draft ordinance and requested additional
changes before first reading.
Discussion:
Based on the direction the Council provided at its January 18th meeting, a number of changes were
made to the draft ordinance; specifically:
· The definition of "non-profit organization" was added to 6.04.020;
. The exemption from licensing for non-profit organizations and food were eliminated from
6.04.040;
Page I of3
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CITY OF
ASHLAND
. The exemption for display booths was limited to booths in operation for less than four days a
year;
. The rental exemption was modified to exclude rental units that are part of an individual's
private residence;
. Non-profits were exempted from paying license fees in 6.04.090;
. Section 6.04.120.A.I was modified to exclude violations of the sign code;
. Section 6.04.120.A.4 were combined and it was modified to only consider convictions; and
. A process for requesting a revocation or denial hearing was established in 6.04. I 20.C.
In addition, staff added definitions for "rental unit" and "residential unit." The proposed definitions
aim to clarify the rental exemption for less than two units in 6.04.040.E.
The most discussed aspect of the business license ordinance appears to be the discussions regarding the
display booths. The following are three options that the Council has for dealing with the issue and
suggested code language for that option.
I. Exempt booths from licenses as long as the sponsor has a license. This can be accomplished
using the same language that currently exists in the business code. This is the language that is
in the attached ordinance.
Suggested language: The operation of a display space, booth or table maintained for
displaying or selling merchandise at any trade show, convention, festival, fair, market,
bazaar, or swap meet, provided that the sponsor of the event is licensed to do business.
2. Require all organizers to get a license and pay a fee based on the number of employees of the
organization and the number of booths. This can be accomplished using the same language that
currently exists in the business code. This is the language that is in the a\tached ordinance.
Suggested language: The operation of a display space, booth or table maintained for
displaying or selling merchandise at any trade show, convention, festival, fair, market,
bazaar, or swap meet, provided that the sponsor of the event is licensed to do business.
Necessary Modification: ModifY the fee resolution to allow fees to be calculated in this
fashion.
3. Require all booths 10 get a license that operate for at least 4 days or more. This is the language
that was chosen by the Council on January 18,201].
Suggested language: The operation of a display space, booth or table maintained for
displaying or selling merchandise at any trade show, convention, festival, fair, market,
bazaar, or swap meet, provided that the tOlallength of all sales combined is fewer than four
days in one calendar year and provided that the sponsor of the event is licensed to do
business.
Related City Policies:
City Charter Article 10, Ordinance adoption provisions
Council Options:
I) Move to approve the First Reading and set the matter for a Second Reading.
2) Postpone consideration of the proposed ordinance.
Page 2 of3
r.l'
CITY OF
ASHLAND
Potential Motions:
Staff: [Conduct First Reading of the ordinance by title only}
Council: Motion to approve First Reading and set the matter for Second Reading
Attachments:
Proposed ordinance
Page 3 of3
~.t. 1
ORDINANCE NO.
AN ORDINANCE RELATING TO BUSINESS LICENSES
Annotated to show aeletieHs and additions to the code sections being modified. Deletions are
bold" ~ .L _L 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. Citvof
Beaverton v. International Ass'n of Firefighters. Local 1660. Beaverton Shop. 20 Or. App. 293,
531 P 2d 730, 734 (1975);
WHEREAS, city departments identified beneficial changes to the business license chapter; and
WHEREAS, the Council discussed amending the business license ordinance on December 16,
2010, in a study session and directed staff to begin working on a revision to the ordinance thaI
would, among other things, implement a procedure for revoking and denying business licenses;
and
WHEREAS, on January 18, 20 I I, the Council moved to place the business license ordinance on
the Council's agenda for first reading.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Sections 6.04.010 [Purpose] through 6.04.150 [Additional Remedy] are hereby
added to read as follows:
6.04.010 Purpose.
This chapter is enacted primarily for the purpose of regulating businesses and collecting
revenues. The public's interest is served by ensuring that businesses will be regulated in a
manner that promotes compliance with applicable federal, state, and municipal laws, and
encourages businesses to engage in activities in a manner which does not detract from the public
health, safety, and welfare.
Page 1 of7
6.04.020 Definitions.
A. "Administrative Services Director" means the person holding the position of administrative
services director or finance director or any agent, employee, or designee authorized to
perform the duties of this chapter by the city administrator. "Applicant" means owner,
proprietor or duly authorized agent for the business requesting a license.
B. "Business" means any profession, trade, occupation, shop, or any calling carried on for profit
or livelihood, including but not limited to the rental of commercial or residential property,
and those working as independent contractors, whether or not the contractor is paid on an
hourly or job basis.
C. "City" means the city of Ashland.
D. "City council" means the Ashland city council.
E. "Employee" means an individual who performs service for another individual or
organization. For purposes of this ordinance employee also means a licensed real estate sales
person or associate real estate broker who engages in professional real estate activities only
as an agent of a real estate broker or organization.
F. "Fiscal year" means a year starting on July 1st and ending on June 30th of the following year.
G. "Hearings officer" means Ihe city council, or an outside party not affiliated with the city that
is hired or selected to conduct an appeals proceeding.
H. "License" means the permission, privilege or approval granted by the city to allow an
applicant to engage in a business or activity regulated by this chapter upon issuance of an
annual or temporary license. A temporary license shall expire thirty days after issuance.
1. "Nonprofit organization" means a nonprofit, charitable, religious or educational organization
that has received a tax exempt certificate from the Internal Revenue Service, and which
devotes the net proceeds from the sale of goods or services to the purpose of the
organization.
J. "Person" means an individual, partnership, corporation or other business entity recognized by
Oregon law.
K. "Rental unit" means a property, part of a property, structure, part of a structure, or residential
unit for which the property owner receives payment from another for use or occupation of the
property.
L. "Residential unit" means a structure or part of a structure used as a home, residence, or
sleeping unit by a single person or household unit, and includes without limitation, units in
apartment complexes, boarding houses, rooming houses, mobile home parks, and single and
multi-family dwellings.
6.04.030 Licenses required - Presumption of conducting business.
A. License Required. It shall be unlawful for any person to conduct business within the city
without first obtaining the appropriate business license and maintaining compliance with this
chapter.
B. License Displayed. Upon issuance of a business license, the licensee shall display the license
in a conspicuous place upon the business premises so that it is available for inspection by the
public and by employees, prospective employees and customers of the business. If the
licensee does not have an office, business premise or other established place of business
within the City, the license shall be in possession of a representative of the business present
within the City when business is being transacted by an employee or representative within
the City.
Page 2 of7
C. Presumption ofConducling Business. A person is presumed to be conducting business in the
city and subject to this chapter if engaged in any of the following activities:
1. Advertising or otherwise professing to be doing business within Ihe city;
2. Providing goods and/or services to customers within the city;
3. Owning, leasing or renting personal or real property within the city which is used in a
trade or business;
4. Engaging in any transaction involving the production of income from holding property or
the gain from the sale of property; or
5. Engaging in any activity wilh the intent to realize a profit.
6.04.040 Licensing exemptions.
The following persons are exempt from the licensing requirements imposed by this chapter:
A. Persons whom the city is prohibited from licensing or taxing under the Constitution or laws
of the United States, the Constitution or laws of the state of Oregon, or the City Charter.
B. A warehouse used in connection with a business, but maintained at a separate location within
the city, as long as the business which owns the warehouse maintains a valid business
license.
C. The sale of personal property acquired for household or other personal use by the seller (e.g.,
garage or yard sales); provided, that the total length of all sales combined is fewer than four
days in anyone calendar year.
D. The operation of a display space, booth or table maintained for displaying or selling
merchandise at any trade show, convention, festival, fair, markel, bazaar, or swap meet,
provided that the sponsor of the event is licensed to do business.
E. A person whose business consists of renting out less than two rental units within the city,
unless the units being rented are part of the lessor's primary residence.
F. Domestic Help. An individual hired or employed primarily for the performance of domestic
duties or chores including child care, the maintenance of a residence and the care, comfort
and convenience of members of the residential household.
G. Individuals who are employed by a business which is required to obtain a license pursuant to
this chapter.
H. Any unincorporated business activity carried on by individuals under the age of 18.
6.04.050 License applications.
A. The applicant for a business license shall provide Ihe information required on the city's
business license application, and the appropriate nonrefundable business license fee, at least
30 days prior to the date the license is requested to be effective. The city shall require the
name and address of the applicant and the business to be licensed, and any other information
appropriate to determine the ownership, location, management, purpose, or other factors
related to the business, which have bearing on the health, safety, welfare, economic
development, convenience or necessity of the business to the city or its citizens. The
application shall be signed by the applicant under penalty of perjury and false swearing.
lncomplete applications shall not be processed:
B. A provisional license may be issued to applicants applying for a permanent business license.
The provisional license shall expire 30 days after issuance, or upon decision of the city
administrator to issue or deny a business license, whichever occurs first.
Page 3 of?
C. An applicant may apply for a temporary license if the business licensed under this chapter is
for a limited duration of nol more than 14 days. An applicanl shall not receive more than Iwo
temporary licenses in one fiscal year.
D. Applicants filing applications for licenses less than 30 days prior to the date the license is
requested to be effective shall pay a late application fee.
6.04.060 Investigation of applicant; Confidentiality.
A. Investigation of Applicant. By signing and submitting an application for a business license,
the applicant consents to an investigation by the city to determine whether the business is in
compliance with applicable federal, state, and local laws. At the request of the Administrative
Services Director, the applicant shall submit additional documentation or information needed
to determine compliance. The City may examine, or cause to be examined, by an agent or
representative designated by it, any books, papers, payroll records, state or federal payroll
reports to ascertain the correctness of any license application or to delermine the appropriate
fee.
H. Confidentiality. Except as otherwise required by law, it shall be unlawful for the City, any
officer, employee or agent to divulge, release, or make known in any manner, any financial
or employee information submitted or disclosed to the City under the terms of this
Ordinance. Nothing in this Section shall prohibit:
I. The disclosure of .the names and addresses of any persons to whom business licenses
have been issued; or
2. The disclosure of general statistics in a form which would prevent the identification of
financial or employee information regarding an individual business licensee or applicant;
or
3. Presentation of evidence to the court, or other tribunal having jurisdiction in the
prosecution of a claim by the Finance Department; or
4. The disclosure of ihformation when such disclosure of conditionally exempt informalion
is ordered under public records law procedures; or
5. The disclosure of records related to a business' failure to report and remit the business
license tax when the report or tax is in arrears for over six months. The City Council
expressly finds and determines that the public interest in disclosure of such records
clearly outweighs the interest in confidentiality under ORS ] 92.50] (5).
6.04.070 Issuance of a license.
All business licenses shall be issued by the finance department after an evaluation by the
Administrative Services Director that the applicant has met all requirements of this chapter.
6.04.080 Characteristics of license.
A. Nontransferable. A license issued pursuant to this chapter is nontransferable, unless the
transferee has applied for a license transfer that was approved by the Administrative Services
Director.
I. Sale or Transfer of Business. If a person licensed to do business within the city sells or
transfers such business to another, the business license may also be transferred to the
purchaser of the business upon written notification to the finance department of the
transfer and approval by the Administrative Services Director. ]n order for the
Administrative Services Director to approve the transfer of the business, the principal
Page 4 of7
purpose of the business must not change and the business must not have any delinquent
fees.
2. Change of Location. If the location ofa business changes, but the principal purpose of
the business is unchanged, the license may be transferred to the new location upon
written notification to Ihe finance department.
B. Renewable. Unless otherwise provided, a license issued pursuant to this chapter is renewable
as provided in AMC 6.04.1 10. Annual licenses issued under the provisions of this chapter
remain effective from July 1st of the license year, or the date of issuance, whichever is later,
until June 30th of the following year.
C. Revocable. A license issued pursuant to this chapter may be revoked as provided in AMC
6.04. I 20.
6.04.090 Fees.
All businesses, except those exempted in AMC 6.04.040, that engage in business activities
within the city limits shall be licensed. Nonprofit organizations are not exempt from the business
license requirement; however, any person that constitutes a nonprofit organization shall be
exempt from the license fee. The amount to be paid as license fees, and all other fees required
by this chapter, shall be established by resolution of the city council.
6.04.100 License requirements.
In addition 10 any other requirements oflhis chapter, a licensee shall:
A. Abide by all federal, state, and local laws, zoning regulations, and provisions of this chapter.
B. Notify the Administrative Services Director in writing within 10 days of any change in the
name, address, or telephone number of the business itself or the business owner(s), principal
purpose of the business, status of state-issued licenses, or other material information.
C. Maintain and preserve, for a period of not less than three years, such books and records as
will accurately reflect the number of employees for each license year.
D. Advertise for business using only the mime for which a license is held.
6.04.110 Renewal of license - Late fees.
A. Application for a renewal of a license shall be made to the finance department 30 days prior
to the license expiration date on the business license renewal form provided by the city,
accompanied by the appropriate renewal fee.
B. Applicants filing renewal applications after August I st of the license year shall pay a late
renewal fee as set by resolution.
6.04.120 Denial or revocation of license.
A. The city may deny or revoke a license upon finding that:
I. The applicanl fails to meet the requirements of this chapter, or is doing business in
violation of this chapter, zoning regulations, or applicable federal, state, county, or local
law, except for the requirements of the sign code.
2. The applicant has provided false or misleading information, or has omitted disclosure of a
material fact on the application, related materials, or license.
3. The applicant has a previous history ofunlawfui business activity, which, if continued,
would be grounds for revocation of the license, or the applicant's previous convictions
present reasonable doubt that the activity performed by the applicant cannot be performed
Page 5 of7
without harm or danger 10 persons or property. The Administrative Services Director may
consider as a basis for denial or revocation:
a. Felony convictions, which occurred wilhin the preceding 15 years; or
b. All other violations oflaw that occurred within the preceding three years.
A judgment entered for fraud related to the business within five (5) years preceding the
date of application would constitute prima facie evidence of a previous history of
unlawful activity.
4. The information supplied for the review does not indicate that the applicant has the
special knowledge or skill required to perform the licensed activity.
5. The licensed activity would endanger property or the public health or safety.
6. The applicable business license fee has not been paid by the due date.
R The city shall provide written notice to the applicant of a denial or revocation. The notice
shall state the reason for denial or revocation and shall inform the applicant of the right to
appeal under AMC 6.04.130.
C. The notice shall be given at least 30 days before the revocation becomes effective. If the
violation ends within the 30 days, the city may discontinue the revocation proceedings.
D. Upon receipt of the revocation or denial notice, the aggrieved party may contact the City
within ]0 days to request a hearing in front of the Administrative Services Director. The
Administrative Services Director will then set the date and time for the hearing as soon as
possible and notify the aggrieved party of the date. The aggrieved party can submit written
materials or present oral testimony at the hearing. The Administrative Services Director shall
provide notice of his/her decision within five days after the conclusion of the hearing.
E. A person whose application for any business license has been denied or whose license has
been revoked may, after 90 days from the date of denial or revocation, apply for a license
upon payment of the application fee and submission of an application form and required
attachments.
F. A person whose application for any business license has been denied or whose license has
been revoked for a total of two times within one year or who has a total of four denials or
revocations shall be disqualified from applying for a license for a period of two years from
the date of the last revocation or denial.
6.04.130 Appeal.
Any person aggrieved by the Administrative Services Director's determination of the applicable
fees or penalties, or the Administrative Services Director's decision to deny or revoke their
business license may appeal such action to a hearings officer pursuanl to AMC 2.30.020.
6.04:140 Penalties.
A. A violation AMC 6.04.030.A [License Required] shall be considered a Class I violation
subject to the limitations of AMC ] .08.
B. A violation of any of the other provisions of this chapter shall constitute a Class Ill.
6.04.150 Additional remedy.
The conviction of any person for a violation of any provision of this chapter shall not operate to
relieve such person from paying any fee or penalty thereupon for which such person shall be
liable, nor shall the payment of any such fee be a bar to, or prevent any, prosecution in the
Ashland Municipal Court of any complaint for the violation of any provision of this chapter.
Page 6 of7
SECTION 2. Repeal. Ashland Municipal Code Chapter 6.04 [Business Licenses] is hereby
repealed in its entirety. Any municipal code provisions in conflict with the provisions contained
herein are also hereby repealed.
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 Ihe
validity of the remaining sections, subsections, paragraphs and clauses.
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-Iettered, provided however.
that any Whereas clauses and boilerplate provisions (i.e. Sections 2-5) 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) of the Cily Charter on the ~ day of ,20] I,
and duly PASSED and ADOPTED this ~ day of , 20 II.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED Ihis _ day of
,201 I.
John Stromberg, Mayor
Reviewed as to form:
Megan Thornton, Interim City Attorney'
Page? of?
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Resolution Relating to the Distribution of Transient Occupancy Tax Revenue
and Repealing Resolution 2010-06
February 15,2011 Primary Staff Contact:
Administrative Services E-Mail:
None Secondary Contact:
Martha Bennett Estimated Time:
Lee Tuneberg fAIY'
tuneberl@ashland.or.us
None
30 Minutes
Question:
Will the Council adopt the resolution allocating Transient Occupancy Tax (TOT) revenue for tourism
and non-tourism purposes for FY 2011-2012 and establishing criteria for the grant program?
Staff Recommendation:
Staff recommends Council approve the attached resolution with a TOT revenue estimate of $1 ,884,600
for FY 2011-2012. Staff recommends Council allocate the residual $82,546 from FY 2009-2010 TOT
proceeds for projects that are qualified tourism expenditures in FY 2012 or as savings for such a
project in the future.
Background:
Last year Council reviewed the policy and goals of allocating revenues from the transient occupancy
taxes during several meeting. On February 16, 20J'0, Council adopted Resolution 2010-06 that
allocaled funds to General Fund services and for granting different than the prior year.
A comparison of the allocation and amounts granted between FY 2010 and FY 2011 is:
TRANSIENT OCCUPANCY Percent Percentage Percenl Percentage
TAX of Total of Category of Total of Category
TOT Revenue: $ 1,720,000 100.0% $ 1,800.000 100.0%
TOT Expense:
Non Tourism:
General Fund $ 1,000,000 75.7% $ 1.058,760 80.2%
Staegic Planning 150,000 11.4% 150,000 11.4%
Small Grants 112.079 8.5% 112,080 8.5%
Total Non Tourism $ 1,262,079 73.4% 95.6% $ 1,320,840 73.4% 100.0%
Tourism:
Chamber of Commerce VCB $ 275,000 57.4% $ 280,000 58.4%
Oregon Shalespeare F esliv al 110.000 23.0% 110,000 23.0%
Small Grants 45,000 9.4% 55,000 11.5%
Public Art 13,738 2.9% 14,375 3.0%
City Projects 14.183 3.0% 19.785 4.1%
Total Tourism $ 457.921 26.6% 95.6% $ 479.160 26.6% 100.0%
Total Expenses: $ 1,720.000 $ 1,800.000
Page 1 of3
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CITY OF
ASHLAND
In this fiscal year the TOT proceeds received are approximately 4.7% ahead ofJast year's revenue at
the same time. Staff proposes we budget for $] ,884,600 in TOT proceeds in FY 2011-2012. When
such revenue growth is applied to the allocation methods in the exisling resolution there are significant
changes in some categories and less or none in others which may not be acceptable to Council. Staff
felt it is better to make a proposed allocation that would work as a starting point. Staff knows Council
may wish to change this allocation.
TRANSIENT OCCUPANCY Percent Percentage Percent Percentage Percent
TAX for 2012 of Total of Category otTotal of Category Change
TOT Revenue: $ 1,884.600 100.0% $ 1.884.600 100.0% 4.7%
TOT Expense:
Non Tourism:
General Fund $ 1.058,760 76.6% $ 1,108.522 80.2% 4.7%
Straegic Planning 150.000 10.8% 150.000 10.8% 0.0%
Small Grants 174.097 12.6% 124.335 9.0% 10.9%
Total Non Tourism $ 1.382.857 . 73.4% 100.0% $ 1.382.857 73.4% 100.0% 4.7%
Tourism:
Chamber ofCorm-erce VCB $ 280.000 55.8% $ 293.160 58.4% 4.7%
Oregon Shalespeare Festival 110.000 21.9% 110,000 21.9% 0.0%
Small Grants 77.583 15.5% 64.423 12.8% 17.1%
Public Art 14.375 2.9% 14,375 2.9% 0.0%
City Projects 19,785 3.9% 19,785 3.9% 0.0%
Total Tourism $ 501,743 26.6% 100.0% $ 501,743 26.6% 100.0% 4.7%
Total Expenses: $ 1.884.600 $ 1.884.600 4.7%
If the allocation remains the same as in Reso]ution 20]0-06 potentia] impacts are reflected OPTION #1
in the chart above. The key here is that some groups (Genera] Fund, Chamber, OSF and others)
remain unchanged and the TOTAL amount allocated to small grants for all purposes increases from
$167,080 to $251,680. That is $84,600 more or a 51 % increase and may not be what was intended.
OPTION #2 shows a "growth" percentage of 4.7% allocated to the Genera] Fund for operations and to
the Chamber of Commerce for Visitor and Convention Bureau (tourism) expenditures. The rest is
proposed for the small grantees for the approved categories. Non-tourism small grants still rise 10.9%
and Tourism small grants increase 17.1 %. Strategic planning, OSF, Public art and City projects remain
unchanged.
The attached draft resolution also reflects the updated revenue projeclion and allocates the additional
$84,600 as outlined in OPTON #2. Staff recommends OPTION #2 because OPTION #1 would
substantially increases the small grants in one year and would leave the allocations to the Genera] Fund
and to the Chamber flat for 2012. OPTION #2 would increase the small grants by $20,000 over the
current fiscal year, but would distribute a portion of the increase to the Genera] Fund and to the VCs.
Staff believes this is both more prudent financially and is also more sustainable in the long run.
Council also needs to allocate the $82,546 residual amount from prior years that is dedicated to
Tourism. Some options are:
Page 2 of3
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CITY OF
ASHLAND
1. Grant it for tourism-qualified, one-time projects.
2. Spend it on a tourism-qualified, capital project such as painting street lights or Plaza
beautification work.
3. Reserve it for a future, tourism-qualified capital project such as sidewalk improvements similar
to what may come from the Transportation Syslem Plan.
Please note that SECTION 4, Item d. still references a minimum grant amount of $2500. If smaller
amounts are to be allowed this limitation should be changed before approving the resolution.
Staff will include the final resolution and allocated amounts in the grant applications that will be
distributed by February 16th.
Related City Policies:
City of Ashland Financial Management Policies, Budget Document Appendix
Council Potential Motions:
Council moves to approve the resolution as presented (as amended?) per discussion.
Attachments:
Draft Resolution
Resolution 20 10-06
Page 3 of3
~~,
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASHLAND
REITERATING ITS POLICY RELATING TO THE EXPENDITURE OF
MONIES FOR ECONOMIC AND CULTURAL DEVELOPMENT TO THE
HOTEL/MOTEL (Transient Occupancy) TAX AND REPEALING
RESOLUTION 20]0-06.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION I. That the City Council recognizes that the source of monies for the Economic and
Cultural Development Grant program is the Hotel/Motel Tax also known as the Transient
occupancy Tax (TOT).
SECTION 2.
The following are the goals which the Budget Committee is attempting to meet by granting
money to applicants for:
a) Tourism Promotion:
I. Attract someone who travels to Ashland from more than 50 miles away to attend an
event.
2. Attract someone who stays the night in Ashland to attend an event.
b) Economic Development:
I. Promote increased number, variety and size of employers.
2. Encourage wages at or above median wage.
3. Promote businesses that employ 5 to 100 people or is locally owned.
4. Encourage use oflocal resources.
5. Work with Southern Oregon University, especially for international commerce.
6. Encourage businesses that efficiently use resources and minimize their impact on the
environment such as waler and air pollution or creation of loxic waste.
7. Promote businesses and institutions that encourage sustainability.
c) Cultural Development:
I. Increase the number, variety and size of cultural opportunities in Ashland
2. Support diversification of the local economy
3. Showcases local talent
4. Work with Southern Oregon University on cultural programs
d) Sustainability
With a minimum of $12,500 granted, carry out the following types of projects: actual work;
training; conferences; grant writing; research; fund-raisers; invention/development in these
categories, including, but not limited to, the examples listed:
I. Energy
2. Water
Page I of 4
3. Forest
4. Science
5. Appropriate technology
6. Gardening & Agriculture
7. Economics
8. Ecology Applications
9. Community building
SECTION 3.
The City of Ashland has determined that as of July I, 2003, $186,657 or 14.23% of total
Hotel/Motel tax revenues were expended on tourism promotion, as defined in Chapter 818 of the
2003 Oregon Laws, and will continue to be spent on tourism promotion increased or decreased
annually consistent with the estimated TOT revenues budgeted. Additionally, Chapter 818
requires.70% of any increased TOT revenue generated by a higher tax rate is committed to
tourism promotion.
Appropriations for tourism are based upon the following percentages established in FY 2009-10
when the rate was increased from 7%-9%:
I. A minimum of 14.23% of the estimated TOT revenue to be generated by the first 7% tax
rate for tourism promotion per Chapter 818,
2. A minimum of 70% of the estimated TOT revenue to be generated by additional tax rates
approved by Council on June 3, 2008 for tourism promotion per Chapler 818.
or Grants for FY 2012
$293,160
$110,000
$64,423
$14,375
$19,785
ment Grants - Tourism
If the actual TOT revenue, dedicated for Tourism, is in excess of the above allocations or if
actual, qualifYing expenditures in the year are less than the appropriated amount, the additional or
unused amount(s) will be reserved for future Tourism related projects or Capital Improvements
that qualify per the state definition as determined by Council.
The remaining estimated TOT revenue (not restricted by use) will be appropriated for other uses
through the budget process with the following priorities and dollar amounts as minimums unless
insufficient tax roceeds remain after meetin tourism re uirements:
I st Priority General Fund operations ~ the greater of 70% of Unrestricted $1, I 08,522
funds or
2nd Priority City Economic Development program the greater of 10% of $150,000
Unrestricted funds or
3rd Priorii Cit Grant ro ram for FY 2012 $124,335
Page 2 of 4
Economic Development programs or other projects are City activities unless otherwise specified
by Council prior to the budget process. Council may determine that such funds are available for
Economic granting purposes and they will then be made available for the coming budget process
and allocation.
]f insufficient TOT revenues are generated for the above allocations, the highest priority uses will
receive their full allocation before a lower priority allocation. Unrestricted TOT revenue unspent
in a budget year becomes part of the General Fund unrestricted ending fund balance unless
otherwise determined by City Council.
By January 3] of each year each recipient of a grant shall submit a report to the city council
setting forth how the grant funds received were expended in furtherance of the goals set forth in
Section 2.
SECTION 4. The following requirements are established for the Economic and Cultural.
Development Grants:
a) Grantee shall be a 50](c) non-profit agency.
b) Grantee shall be a non-governmental agency.
c) Grantee shall promote livability for the citizens of Ashland.
d) The minimum grant proposal will be $2,500.
e) The grant will benefit Ashland in terms of cultural enrichment and/or activities of an
economic nature.
/) Grantee shall serve the population in Ashland but may encompass other venues in
the Rogue Valley. Monies granted are intended to be used for programs or
services performed or provided within the City of Ashland or immediate areas.
g) All Grantees shall provide an annual report to be eligible for future funding.
SECTION 5. Resolution 20]0-06 is repealed upon passage of this resolution.
SECTION 6. This resolution was duly PASSED and ADOPTED this
, 2011, and takes effect upon signing by the Mayor.
, day of
Barbara Christensen, City Recorder
S]GNED and APPROVED this _ day of
,20]1.
John Stromberg, Mayor
Reviewed as to form:
Megan Thornton, Acting City Attorney
Page 3 of 4
Attachment:
Estimated dollar allocation for FY 2010-2011 only
Revenue:
Transient Occupancy Tax $ 1,800,000
Expense:
Non Tourism:
General Fund $ 1,058,760
Economic Development 150,000
Small Grants (minimum $12,500 for Sustain ability) 112,080
Total Non Tourism $ 1,320,840
Tourism:
Chamber of Commerce VCB $ 280,000
OSF 110.000
Small Grantees 55,000
Public Art 14.375
Qualifying City Projects or FY 2012 Grants 19,785
Total Tourism $ 479,160
Total Economic and Cuitural Development Funding $ 1.800,000
Page 4 of 4
RESOLUTION NO. dOlO- DlP
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASHLAND
REITERATING ITS POLICY RELATING TO THE EXPENDITURE OF MONIES FOR
ECONOMIC AND CULTURAL DEVELOPMENT TO THE HOTEUMOTEL (Transient
Occupancy) TAX AND REPEALING RESOLUTION 2008-35.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. That the CitY Council recognizes that the source of monies for the
Economic and Cultural Development Grant program is the HotellMotel Tax also known
as the Transient occupancy Tax (TOT).
SECTION 2. .
The following are the goals which the Budget Committee is attempting to meet by
granting money to applicants for:
a) Tourism Promotion:
1. Attract someone who travels to Ashland from more than 50 miles away to attend
an event.
2. Attract someone who stays the night in Ashland to attend an event.
b) Economic Development:
1. Promote increased number, varietY and size of employers. .
2. Encourage wages at or above median wage.
3. Promote businesses that employ 5 to 100 people or is locally owned.
4. Encourage use of local resources.
5. Work with Southern Oregon UniversitY. especially for international commerce.
6. Encourage businesses that efficiently use resources and minimize their impact
on the environment such as water and air pollution or creation of toxic waste.
7. Promote businesses and institutions that encourage sustainabilitY.
c) Cultural Development:
1. Increase the number, variety and size of cultural opportunities in Ashland
2. Support diversification of the local economy
3. Showcases local talent
4. Work with Southern Oregon UniversitY on cultural programs
d) SustainabilitY
With a minimum of $12,500 granted, carry out the. following tYpes of projects: actual
work; training; conferences; grant writing; research; fund-raisers; invention/development
in these categories. including, but not limited to, the examples listed:
1. Energy
2. Water
3. Forest
4. Science
Page 1 of 4
5. Appropriate technology
6. Gardening & Agriculture
7. Economics
8. Ecology Applications
9. CommunitY building
SECTION 3.
The CitY of Ashland has determined that as of July 1, 2003, $186,657 or 14.23% of
total Hotel/Motel tax revenues were expended on tourism promotion, as defined in
Chapter 818 of the 2003 Oregon Laws, and will continue to be spent on tourism
promotion increased or decreased annually consistent with the estimated TOT
revenues budgeted. Additionally, Chapter 818 requires 70% of any increased TOT
revenue generated by a higher tax rate is committed to tourism promotion.
Appropriations for tourism are based upon the following percentages established in FY
2009-10 when the rate was increased from 7%-9%:
1. A minimum of 14.23% of the estimated TOT revenue to be generated by the first
7% tax rate for tourism promotion per Chapter 818,
2. A minimum of 70% of the estimated TOT revenue to be generated by additional
tax rates approved by Council on June 3, 2008 for tourism promotion per
Chapter 818.
The annual allocation of total appropriations for tourism estimated for the ensuing
bud et ear is as follows unless s ecificall amended b Council:
Chamber of Commerce YCS
Ore on Shakes eare Festival
Economic and Cultural Develo ment Grants - Tourism
Public Art
other Ci Ca ital Pro'ects that ua'i or Grants for FY 2012
$280 000
$110,000
$55,000
$14,375
$19,785
If the actual TOT revenue, dedicated for Tourism, is in excess of the above allocations
or if actual, qualifying expenditures in the year are less than the appropriated amount.
the additional or unused amount(s) will be reserved for future Tourism related projects
or Capital Improvements that qualify per the state definition as determined by Council.
The remaining estimated TOT revenue (not restricted by use) will be appropriated for
other uses through the budget process with the following priorities and dollar amounts
as minimums unless insufficient tax proceeds remain after meeting tourism
re uirements:
1st Priority General Fund operations - the greater of 70% of $1,058,760
Unrestricted funds or
2nd Priority City Economic Development program the greater of 10% $150,000
of Unrestricted funds or
3rd Priori Ci Grant ro ram for FY 2011 $112,080
Page 2 of 4
Economic Development programs or other projects are CitY activities unless otherwise
specified by Council prior to the budget process. Council may determine that such
funds are available for Economic granting purposes and they will then be made
available for the coming budget process and allocation.
If insufficient TOT revenues are generated for the above allocations, the highest priority
uses will receive their full allocation before a lower prioritY allocation. Unrestricted TOT
revenue unspent in a budget year becomes part of the General Fund unrestricted
ending fund balance unless otherwise determined by City Council.
By January 31 of each year each recipient of a grant shall submit a report to the citY
council setting forth how the grant funds received were expended in furtherance of the
goals set forth in Section 2.
SECTION 4. The following requirements are established for the Economic and Cultural
Development Grants:
a) Grantee shall be a 501(c) non-profit agency.
b) Grantee shall be a non-govemmental agency.
c) Grantee shall promote livability for the citizens of Ashland.
d) The minimum grant proposal will be $2.500.
e) The grant will benefit Ashland in terms of cultural enrichment and/or activities of an
economic nature.
f) Grantee shall serve the population in Ashland but may encompass other venues in
the Rogue Valley. Monies granted are intended to be used for programs or
services performed or provided within the CitY of Ashland or immediate areas.
g) All Grantees shall provide an annual report to be eligible for future funding.
SECTION 5. Resolution 2008-35 is repealed upon passage of this resolution.
This resolution was duly PASSED and ADOPTED this / ~ . day
,2010, and takes effect upon signing by the Mayor.
hristensen, City Recorder
SIGNED and APPROVED this 17 day of "1-dr~ ,2010.
Reviewed as to form:
Page 3 of 4
Attachment: Estimated dollar allocation for FY 2010-2011 only.
Revenue:
Transierit Occupancy Tax $ 1,800.000
Expense:
Non Tourism:
General Fund $ 1,058,760
Economic Development 150,000
Small Grants (minimum $12.500 for Suslainability) 112,080
Total Non Tourism $ . 1.320.840
Tourism:
Chamber of Commerce VCB $ 280,000
OSF 110,000
Small Grantees 55,000
PublicArt . 14,375
Qualifying City Projects or FY 2012 Grants 19.785
T olal Tourism S 479,160
Totai Economic and Culturai Development Funding $ 1,800.000
Page 4 of 4