HomeMy WebLinkAbout2011-0301 Council Mtg PACKET
CITY OF
ASHLAND
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AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
March 1, 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,)
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 February 14, 2011
2, Executive Session of February 15,2011
3, Regular Meeting of February 15, 2011
VI. SPECIAL PRESENTATIONS & AWARDS
None
VII. CONSENT AGENDA [5 minutes}
1. Does Council wish to approve the minutes of the Boards, Commissions, and
Committees?
2, Does Council have any questions regarding the Ashland Response Team update?
3. Does Council have any questions regarding the Ashland Fire and Rescue Annual
Report?
4. Does Council wish to confirm the Mayor's appointment of Margaret Garrington to the
Public Arts Commission with a term to expire April 30, 2012?
5. Will Council direct staff to submit a grant application to fund the preparation of an
area plan for the North Normal Avenue Neighborhood?
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 !'j2.04.050))
1. Should Council approve First Reading of an ordinance amending the Ashland Land
Use Ordinance Chapter 18.62 (Physical and Environmental Constraints), an
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ordinance amending the Ashland Municipal Code Chapter 15,10 (Flood Damage
Prevention Regulations), and revisions to the FEMA Flood Insurance Rate Maps and
move both ordinances on to second reading? [20 Minutes]
2. Will Council direct Staff to develop a purchase and sale agreement to transfer City
property on Chitwood Lane to GroundWorks for the purpose of developing five
affordable housing units? [20 Minutes]
IX. PUBLIC FORUM Business from the audience not included on the agenda. (Total time
allowed for Public Forum is 15 minutes. The Mayor will set time limits to enable all
people wishing to speak to complete their testimony.) [15 minutes maximum] 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
1. Will Council adopt a resolution allocating Transient Occupancy Tax (TOT) revenue
for tourism and non-tourism purposes for FY2011-2012 and establishing criteria for
the grant program? [30 Minutes] Please Note: As there is an open mDtion on this
item, there will be nD further public input taken.
2. Does the City Council wish to affirm, reverse, modify or remand back to the Planning
Commission 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 Cily Councit wish to approve the Development Agreement proposed by the
applicants, make changes to the Development Agreement prior to approval, or reject
the Development Agreement? [60 Minutes] Please note: The public hearing Dn this
item is clDsed, nD further public testimDny will be allDwed, ND additiDnal materials
will be provided fDr this packet. Please use the packet materials from the February
15, 2011 meeting.
3. Does Council wish to approve an order authorizing a lease of real property ID the
Ashland Gun Club [30 Minutes]
XI. NEW AND MISCELLANEOUS BUSINESS
1. Will Council schedule a public hearing for March 15, 2011 to consider an increase in
Waler rates and Wastewater rates? [30 Minutes]
XII. ORDINANCES. RESOLUTIONS AND CONTRACTS
1. Should Council approve Second Reading of an ordinance titled, "An Ordinance
Relating to Business Licenses?" [10 Minutes]
XIII. OTHER BUSINESS FROM COUNCIL MEMBERSIREPORTS 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
February 14, 2011
Page I of2
MINUTES FOR THE STUDY SESSION
ASHLAND CITY COUNCIL
Monday, February 14, 2011
Siskiyou Room, 51 Winburn Way
Mayor Stromberg called the meeting to order at 5:31 p.m. in the Siskiyou Room.
Councilor Morris, Silbiger, Chapman, Slattery, and Voisin were present. Councilor Lemhouse was
absent.
The Look Ahead agenda itern was moved to nurnber 3, on the agenda,
I. Does Council have feedback about the Preliminary .Infrastructure Financing Plan and Urban
RenewalFeasibility Study?
Planning Manager Maria Harris introduced the consultant team for the Feasibility Study, JeffTashman of
Tashman Johnson LLC, Nancy Guitteau from Urban Land Economics and Elaine Howard of Elaine
Howard Consulting LLC. Each consultant provided their personal background on working with Urban
Renewal programs throughout Oregon.
Mr. Tashman explained the feasibility study would determine whether Croman Mill District, the Rail
Road District, and downtown enhancements were possible opportunities for urban renewal development
and generate ways to finance improvements over time, The study will establish boundaries for each area
along with operational definitions but would not necessarily make up the Urban Renewal District. The
consultants would recommend to Council what the actual urban renewal boundaries should be. They
would also complete a real estate market assessment for each area for tax increment revenues to prepare a
range of development projections.
The market assessment will generate a development projection that involves a translation of market
values, assumptions on borrowing, short and long-term debt, with a preliminary determination ofrevenue
stream and borrowing capacity. Concurrent to the development projection, the team will work with staff
to compile projects that need to happen in the three areas that will generate project costs. In addition to
urban renewal, the consultants will look at other funding sources that include System Development
Charge (SDC) revenues, gas tax, and tax increment financing.
Councilor Silbiger declared a potential conflict of interest regarding the Croman Mill Site area.
Mr. Tashman clarified they would use the all three City master plans as a basic source of information.
They anticipated presenting Council with Findings on a preliminary infrastructure finance plan mid 20] I.
The Findings will determine projects needed in the areas, potential costs and financing sources.
Stakeholder meetings with the taxing districts, City, County, School District, and the Rogue Valley
Transit District will explain how the value will be there for investments that urban renewal can contribute
towards developrnent.
Urban renewal will establish a boundary area and a frozen base so the assessed values within that area,
those taxes will continue going to all the taxing jurisdictions and any increase in value over the term of
the urban renewal area will go to the urban renewal agency. That meant the 3% or less of increased value
indicated would go to the urban renewal agency for use on projects within that area. Mr. Tashman would
provide Council with a hard copy explaining how urban renewal affected taxing districts. He further
eXplained time limits noting that a 20-year period was common and that Council would decide the time
CITY COUNCIL STUDY SESSION
February 14, 2011
Page 2 of2
limit. Additionally, Urban Renewal did not affect the taxpayers by increasing taxes it divided where taxes
went.
Ms. Howard explained Tax Increment Financing was a statewide provision that gave cities and counties
authority to set up Urban Renewal Districts for areas that needed stimulus to improve. Urban renewal was
used for streetscape, lighting, storefront loans to improve buildings as well as industrial areas.
When the feasibility study was complete, public involvernent would begin with the City sending out
notifications in utility bills or through voter registration. It would also involve the Planning Commission,
City Council and require a non-emergency ordinance. The notice sent to property owners will contain a
clause that states urban renewal will affect property taxes. However, taxes do not increase, they are
divided, and people will pay the same rate. Taxes before the frozen base go to the taxing jurisdictions,
above the frozen base goes to urban renewal.
A downside to urban renewal was it would take money from taxing jurisdictions that they would
ordinarily spend. Most often taxing jurisdictions understand this and do not oppose it. Ms. Howard went
on to describe successful urQan renewal prograrns,
Mr. Tashman noted that urban renewal does not always succeed. However, there have not been urban
renewal agencies that borrowed money and were unable to pay it back. Lending agencies were
conservative regarding urban renewal borrowings, limit the money borrowed, and look at the amount and
reliability ofthose revenues.
Mr. Tashman clarified that a feasibility study shelf life depended on the pace of change, Alternately,
urban renewal plans have an extensive shelf life and helped cities be prepared when development
opportunities occurred. Urban renewal does not legally preclude enterprise zones but enterprise zones
defer and reduce the amount of tax revenue for a project and create a harder work out.
Ms. Guitteau explained her responsibility was to estimate and project the amount of development in each
of the designated areas using supply and demand. Indications of demand would come from recent
development trends in the City, long-range employment forecasts, and discussions from commercial
property owners and developers as well as reviewing real estate evaluations. Projections will be by land
use in 5-year increments, Supply will be determined by looking at vacant parcels, employment, and
improvement to land ratios to gain an indication of development type within the next twenty years.
Supply would also include researching sales data. Projections would be conservative in the first several
years.
2. Does the proposed budget for Mayor and Council for Fiscal Year 2012 meet the needs of the
Mayor and Council?
City Administrator Martha Bennett noted an overall reduction for 2012.
3. Look Abead Review
City Administrator Martha Bennett reviewed items on the Look Ahead.
Meeting adjourned at 7:24p.m.
Respectfully submitted,
Dana Smith
Assistant to the City Recorder
A::JHLANU LIlY LUUNLlL MJoJol1NU
February 15, 2011
Page I of 10
MINUTES OF THE REGULAR MEETING
ASHLAND CITY COUNCIL
February 15, 2011
Council Cbambers
1175 E. Main Street
CALL TO ORDER
Mayor Stromberg called the meeting to order at 7:06 p.m. in the Civic Center Council Chambers.
ROLL CALL
Councilor Slattery, Morris, Lemhouse, Voisin, Silbiger, and Chapman were present.
MAYOR'S ANNOUNCEMENTS
Mayor Stromberg announced the annual proces~ for varIOUS positions on the City's Commissions and
Committees was open.
SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?
The minutes of the Study Session of January 31,2011, Joint Meeting with Parks of February 1,2011 and
Regular Meeting of February 1,2011 were approved as presented.
SPECIAL PRESENTATIONS & AWARDS (None)
CONSENT AGENDA
I. Does Council wisb to approve a Liquor License Application from Jaime Nichols dba French Kiss at
60 E. Main Street?
2. Does Council wish to confirm the Mayor's appointment of Allyson Phelps to tbe Historic Commission
with a term to expire April 30, 201 I?
3. Does Council wish to confirm the Mayor's appointment of Ben Scott to 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?
Councilor ChapmanlLemhouse m1s to adopt Consent Agenda items. Voice Vote: all AYES. Motion
passed.
PUBLIC HEARINGS
I. Does the City Council wish to affirm, reverse, modify or remand back to tbe Planning Commission
the decision to approve Planning Action #2010-01239 - a Comprebensive 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 Development Agreement?
CALL TO ORDER
Mayor Stromberg called the Public Hearing for Planning Action No. 2010-01239 to order at 7:08 p.m. and
stated the rules for the conduct of the hearing were in the Public Hearing Format for Land Use Hearings - A
Guide for Participants and Citizens and available on the wall in the back of Council Charnbers.
A:":J'HLANU errr CUUNL'IL Mt.r..J1N0
February 15, 2011
Page 2 of 10
ABSTENTIONS. CONFLICTS. EX PARTE CONTACTS
Councilor Slattery declared no conflicts of interest or ex parte contacts. Councilor Morris noted numerous site
visits and attended the first Planning Commission meeting where the applicant presented but recused himself for
the second meeting. Councilor Lemhouse had no abstentions, conflicts, or ex parte contacts to declare,
Councilor Voisin explained a conversation she had with Planning Commissioner Melody Mindlin and how
everything discussed was in the Planning Commission minutes. She also disclosed a conversation with Tom
Beam during an interview for the Conservation Commission where he discussed the Winburn property and
made opposing comments. The discussion had not influenced her in any way.
Mayor Stromberg noted a conversation in 2009 with Mark Knox prior to the application coming forward.
Mayor stopped the conversation and indicated the proposal needed to go through the Planning process and
Council. Mr. Knox had shared information on the parcels of land involved, the concept and that the property
was currently zoned as residential. Mayor Stromberg was unbiased and not influenced.
Councilor Silbiger declared no conflict of interest. Ex parte contact consisted of minor emails forwarded to staff
to put into the record. He encountered one individual who stated their opposition regarding the project and he
stopped the conversation immediately. He noted site visits and disclosed he had managed the Lithia Cafe at that
location in 1996, Additionally, Council had an executive session prior to the application that lead to the City
being a co-applicant for the purposes of discussion. Councilor Chapman declared no conflict of interest or ex
parte communication. He attended the same Executive Session Councilor Silbiger noted and frequently made
site visits while passing by the location.
Council consensus was there were no conflicts of interest, the application was not prejudged, and they were not
prejudiced or biased by prior contacts or involvement.
CHALLENGES
Mayor Stromberg read the rules on challenges and the legal description. There were no challenges presented.
STAFF REPORT
Associate Planner Derek Severson eXplained if the project was approved, staff would bring back Findings, a
revised development agreement and ordinances to Council at a future meeting. He gave a presentation on the
project that included:
. Maps of subject properties and existing C-I-D Zoning.
. Aerial photos
. Site Lay-Out
. Tree Removal
. Planting Plan
. Front and Rear Elevations
. Renderings: Street, Rear, Side Elevations with views from the Ice Rink and Pioneer Hall Basement
Plan,
. Ground Floor: Approximately 4,000 square feet of plaza spaces, dining areas, kitchens, etc.
. Upper Floor: Approximately 3,000 square feet with seating overlooking the ice rink, fire places and
dining areas.
. Roof Plan: Green roof treated in vegetation and a 316 square foot observation deck with a glass cover.
. Cross-Section (Detail): Depicting height to neighbors on Granite Street and yard levels to the green
roof.
. Visible from tbe Yard Bebind
. Staff Recommendation~ to PC
o Comp Plan Map and Zone Change: Limit to 85 Winburn lot & Ice Rink lot. Determine parking
mitigation. (Existing CUP is for 90-seats. 189 seats are proposed)
ASHLANU un LVUNUL M/:.cJINU
February 15, 2011
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o Site review, P&E Permit & Tree Removal.
o Development Agreement Recommendation: Limit site development to the building &
improvements proposed. Limit future uses to compatible. Address construction timing &
staging,
. Balancing Benefits & Impacts
. Impacts on Area Parking
. Potential Means to Mitigate Parking Impacts
Staff explained the parking calculation was based on the number of seats in the restaurant and factored in
employee load. The formula used was either one parking space per four dining seats or one space per 100
square feet, whichever was less.
. In-Lieu-of-Parking Fee: A developer on a per space basis typically pays with fees rangmg from
$10,000-$45,000 per space with a $15,000-$20,000 average.
. PC Decision
o Comprehensive Plan Map & Zone Change: Limited approval to 85 Winburn lot & Ice Rink
lot. Parking impacts will be mitigated through demand management and encouragement of
other modes.
o Site Review, P&E Permit & Tree Removal: Approved as presented.
o Development Agreement Recommendation: Limit site development to the building &
improvements proposed. Limit uses to compatible. Address construction timing & staging.
. PC Recommended Permitted Uses for D.A.
A. Professional, financial, business offices, and personal service establishments.
B, Stores, shops and office supplying commodities or performing services.
C. Restaurants.
D. Theaters, no drive-ins.
E. Limited manufacture or assembly of items sold in a permitted use.
F. Printing, publishing, lithography, xerography, copy centers.
G. Temporary tree sales, from November I to January I.
H. Public and quasi-public utility and service buildings, public parking lots, excluding electrical
substations.
. PC Recommended Special Permitted Uses
A. Bowling alleys, auditoriums, skating rinks, and miniature golf courses.
B. Residential uses with specific restrictions.
. PC Recommended Conditional Uses for D.A.
A. Medical Office: The Planning Commission was concerned that medical office uses typically
have a more intense and constant parking demand due to employees and volume of patients. A
medical office use might work under limited circumstances.
B. Temporary uses.
C. Outdoor storage of commodities associated with a permitted, special permitted or conditional
use.
D. Churches or similar religious institutions.
. PC Prohibited Uses for D.A.: Formula or "chain" stores and restaurants are prohibited. For the
purposes of this provision. For the purpose of this Development Agreement, a formula store or
restaurant is a company with ten (10) or rnore store or restaurant locations nationally, in addition to
having two or more of the following characteristics, "branded" trademark, merchandise, uniforms,
fa,ade, 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.
. Prohibited Uses - revision Proposed by Applicants: Defining characteristics have been removed,
A::iHLANU Llrr LUUNL1L Mc..c..'JJN(j
February 15, 2011
Page 4 of 10
number of stores increased from 10 to 20, and the applicant's business specifically excluded.
. PC Heigbt Limitations: 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 #20]0-01239. The
definition of height shall be as defined in Section 18.08.290.
. PC Demand Mgmt, & Multi-Modal Encouragement: The applicants shall provide a multi-modal
transportation plan.
. Other D.A. Issues to Consider
o Request to returning Hotel & Motel to a CUP.
o Request to return Medical Office to outright permitted.
o Staging, Timeline & Duration.
o Perpetual Easement.
o First Right of Refusal.
o Non-Competition Clause.
o Waiver of SDC's for Ice Rink Building.
Staff explained the net gain and loss for parking spaces was neutral because the applicant would lose spaces but
gain spaces from the ice rink parking lot reconfiguration. An informal parking study was conducted and
included in the applicant's original submittal.
City Administrator Martha Bennett clarified that the City ultimately owned all park property and doubted the
City could legally grant permanent easements to anyone on City property.
APPLICANT'S PRESENT A TION
Mark Knox/485 West Nevada STllntroduced the development team that consisted of Landscape Architect
Greg Covey, Designer Don Sever, Architect Carlos Delgado, Project Manager Melanie Mularz, and Attorney
Chris Hearn. He explained how the project began and included a design committee made up of neighbors,
merchants and other citizens. Mr. Delgado noted the building was 60% circulation and support space with less
than a third for dining.
Mr. Sever described the design blended in the hillside and streetscape of Pioneer Hall and the Community
Center. Mr. Delgado added that 20% of the building square footage was dedicated to plaza space. Mr. Covey
explained how they integrated public open spaces, extending northerly and southerly along the site. The project
would widen the sidewalk 4 feet in several places, set the building back to create additional public spaces, have
a new street tree canopy, and proposed new lighting and street furniture as well.
Mr. Knox eXplained the building was over 10,000 square feet, considered large but was deceptive because 65%-
70% of the building was dedicated to common and circulation space with small areas for restaurant space. The
current site was decrepit, zoned residential and if a business wanted to update their building, it entailed paying
$1,000 and a six-month process with the City. The building was also non-conforming use and structure. The
result was a building slowly eroding. He added there were no controls over residential single-family designs.
He clarified that the applicant wanting to retain residential uses in the C-I-D pertained to relative uses. A
building needed to recycle and needed a market. The applicant did not intend to go after residential at this time
but it would happen in the future. They were also proposing medical because the medical profession had the
funds to purchase a building and put the necessary capital into it. This was an option for 30-40 years in the
future.
Mr. Knox further explained the applicant did not intend the building to be a primary destination but wanted the
right to operate like other entities in town. The building would also be open for the Fourth of July celebration
with no deliveries.
A.'}HLANU CFry CUUNL1L Mt.t.JJNti
February 15, 20 II
Page 5 of 10
Council had concerns regarding the variance on parking that the Planning Commission waived because it was
not a primary destination. Ms. Mularz responded that the applicant wanted the opportunity to provide live
music or an event that enhanced the restaurant experience.
Another Council concern pertained to the non-competition clause that the City would not sell food and
beverages on the City parcels during hours that Storyville or its successors were selling food and suggested
rernoving "or its successors." Ms, Mularz eXplained the clause only pertained to the Zamboni storage building.
Mr. Hearn clarified the clause should pertain to the Ice Rink and parking lot not Pioneer Hall or the Community
Center. Additionally, the clause did not extend to vendors selling food and beverages during the Fourth of July
Celebration.
Mr. Knox estimated the value of improvement to the City property was approximately $600,000. The
applicant's conce~ regarding First Right of Refusal was an effort to protect the family from unintentional
lawsuits in the future. They would be open to having the City have First Right of Refusal if the family were
somehow protected.
Mr. Delgado confirmed any buildings built on the adjacent property would not hinder the fire access path.
Councilor SilbigerNoisin mls to extend the Public Hearing 9:30 p.m. Voice Vote: all AYES. Motion
passed.
THOSE WISHING TO PROVIDE TESTIMONY
Robert Davis/162 Alnutt Street/Encouraged Council to approve the zoning change, it was a great solution to
the zoning issue in the park, The proposed building was beautiful and the site would attract more people to the
park.
Karen DeBoer/234 Vista/Mayor Stromberg read Ms. DeBoer's statement supporting 'the project. She thought
the restaurant would alleviate parking in the plaza and the project would bring funds to the City through the
Food and Beverage Tax as well as enhance the City.
Catherine Razi/l 10 Pine Street/Hoped Council would approve the plan. The area would be family friendly.
The building will support the community that accesses the area and houses would not. She liked the
conscientiousness towards environment and the sheer beauty of design. This building was an architectural gem.
Dean Royce/I365 Ponderosa Drive/Noted his experience in the commercial real estate business. He had
nothing against the development other than the parking and the impact to the park. He expressed concern
regarding band shell activities and parking. People on Granite should also be concerned because often that was
the only place to park during band shell performances.
Jeff Benton/263 N 2'. Street/Explained he did not see a shortage of parking but an entitlement of people who
wanted to park in front of the places they were frequenting. The ice rink was embarrassing with pathetic
conditions. This was an opportunity to improve the area. He did not think it was a destination building. It was
as if the community was being gifted. He encouraged Council to approve the project and consider the entire
parking picture.
Todd Parks/1I01 Village Square Drive/Agreed with Mr. Benton's testimony and added if the City did not go
in this direction, it would languish as Mr. Knox had stated. If the zoning stayed residential, there was no
oversight available. Ashland was thriving and this was a gift. He thought the parking issue regarding the
restaurant was codified language for "we do not want the competition." This was a generous donation.
ASHLANU UIY CUUNUL Ml'.l'.J lNli
February 15, 20ll
Page 6 of 10
Denise Daebler/310 Nortb Mountain Avenue/Owned the Liquid Assets Wine Bar and was neither for nor
against the project. She was concerned that such a large budget on the applicant's part would make it difficult
for small businesses to compete. Parking was an issue especially for customers who live outside of town. She
wanted to ensure there would be an appropriate contribution back to the business community to offset the
parking issue. She liked the option of the In-Lieu-of-Parking-Fee. She concluded that having Pioneer Hall in
the non-cornpete clause was another issue for her.
AI Silbowitz/1600 East Nevada StreetlWith a park as beautiful as Lithia Park it was appropriate to have
ancillary uses that were in good condition. The project was a gift to the City of Ashland when so many
businesses were suffering and projects trying to survive, He encouraged Council to affirm the decision by the
Planning Commission and go forward, Parking issues need to be addressed but this an enhancement to the park
and slightly separated from the downtown area. He urged Council to approve the project.
Rob Mackinnon/50 West Hersey Street/Explained he was on the Pastoral staff of the AsWand Chri'stian
Fellowship. His perspective was from someone who had lived and served in Ashland for a long time. He
encouraged Council to approve the project it would enhance the Lithia Park area and be positive for the
community. Ashland had always been a pedestrian friendly place with many events that encourage people to
park and enjoy the downtown. This project would add to that experience,
Sberi CeUinil335 Kent Street/Questioned the improvement to the sidewalks and parcels to the adjacent area at
Pioneer Hall. She noted the Boy Scotts utilize Pioneer Hall and that could create a conflict. Her other concern
was how they will handle parking for Americans,with Disabilities Act (ADA). The application did not
address ADA parking or wheel chair access.
William Heimann/647 Siskiyou Boulevard/Thought it was unrealistic to assume a I 89-seat restaurant would
be filled with bicyclists and walkers. To fill a I 89-seat restaurant four times in a meal totaled 756 people over a
4-hour period. That was a significant amount of people for a residential street. The project needed a formal
parking study. The one provided was not sufficient. He commented Storyville was not included in the
Transportation System Plan (TSP) and suggested the TSP study review parking and traffic impacts due to the
restaurant.
Andrew Kubik/I251 Munson Drive/Agreed with Mr. Heimann's testimony. He was concerned the project
was disproportionately large. He thought the parking study was inconclusive and urged Council to require
further study, One thing not mentioned in the project was the potential impact on Main Street itself. There was
limited ingress and egress, one way in, and one way out on that street. In addition, the majority of people
driving will be visitors.
Marilynn Briggs/590 Glenview Drive/Expressed concerns about flooding in the area and the basement. She
suggested the applicant forgo the basement, put the building on columns, and provide parking underneath. The
concept was great but her concern was parking. Good urban planning solved a problem, did not exacerbate the
problem and Ashland had a parking issue.
Setb Barnard/855 Reiten Drive/Parking was difficult in Ashland and this project will likely not make it better.
Aesthetics were huge, Lithia Park was a world-class gem, and across the street was a world-class piece of junk.
He asked Council to approve the project.
Kevin Flynn/60S Elizabetb A venue/Encouraged Council to approve the project. This was a blessing being
offered to the City at no cost to the taxpayer. People were using illegal drugs and alcohol in that area and the
homeless slept on the rooftops of the structures. The current set-up for the ice rink was embarrassing, He did
not believe there was a parking issue in 'Ashland and thought most people would walk to this business. Those
who drove would park in Lithia Park, not the plaza.
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February 15,2011
Page 7 of 10
Lisa Walker/1180 Oak Street/Commented on the jobs the project would create.
Juan Camacbo/ 830 Kevin Way/Thought this was a great thing for community, it would create jobs. His
children love the park and it would be nice to be able to get coffee just across the street.
Art Baden/1120 FernlExplained that one of the things that drew him to the area was Lithia Park. He noticed
the amount of people unemployed or underemployed in the area and added anything that would enhance the
economy was a wonderful idea, If there were actually 700 people a night at the restaurant, it would be a
wonderful problem to have. He thought the community had enough intelligence to handle any parking
problems.
C. Granat/Mayor Stromberg read the letter submitted into the record that suggested parking requirements for
the proposed] 89-seat restaurant would be mitigated by scaling the restaurant back to 70 seats.
REBUTTAL BY THE APPLICANT
Mr. Knox eXplained that parking was a complex issue. Ashland had pushed for infill instead of parking.
Parking problems were great issues for a City to have. Parking equaled increased driving and traffic that meant
a loss of livability and community identity,
If more conditions were added to the project it would not happen, this was a gift to the community.
Additionally, if Storyville moved to a site where parking was not required, there would still be parking
problems, no street improvements and the buildings by Lithia Park would continue to decay. Alternately, the
project would not move forward if Council wanted to discuss an In-Lieu-of-Parking Fee. Storyville wanted the
opportunity to participate like all other merchants in Ashland.
In 1988, Council decided parking was not the burden of one property owner. Parking was the burden of the
community. Council formed an assessment district with monthly fees required of downtown property owners
and purchased three parking lots. It was done comprehensively, under the management of the City and not put
on individuals trying to create jobs and extend the winter season, Pioneer Hall would not 'be affected as far as
use and impact. Instead, it would create a logical seating arrangement using benches to make it more usable,
He concluded Council and community should resolve parking issues, not one entity.
PUBLIC HEARING CLOSED
Public Hearing closed 9:30 p.m.
Councilor Lembouse/Slattery mls to continue item to tbe Marcb 1,2011 meeting. Voice Vote: all A YES.
Motion passed.
REOUESTS TO SUBMIT FINAL WRITTEN ARGUMENT
Delayed to March I, 20 II due to time constraints.
ADVICE FROM LEGAL COUNSEL AND STAFF
Delayed to March I, 20 II due to time constraints.
COUNCIL DELIBERATION AND DECISION
Delayed to March I, 20 II due to time constraints.
PUBLIC FORUM (None)
UNFINISHED BUSINESS (None)
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February 15, 2011
Page 8 of 10
NEW AND MISCELLANEOUS BUSINESS (None)
ORDINANCES. RESOLUTIONS AND CONTRACTS
I. Should Council approve First Reading of an ordinance titled, "An Ordinance Relating to Business
Licenses?" and move the ordinance on to Second Reading?
Tabled motion from February 1,2011: Councilor SlatteryNoisin m1s to accept item #3 on the business
license fee that does not tax vendors. Interim City Attorney Megan Thornton explained the process to take a
motion off the table,
\
Councilor SlatteryNoisin m1s to take motion off the table. Voice Votes, YES, passed.
DISCUSSION: Councilor Silbiger opposed the motion because the language was originally designed to
address events. It was also not fair to have so many exemptions. The motion would parse identical businesses
where one will have to get license and not the other. One option was an income limit and the second would
require organizers to pay a license based on the number of booths, the same as businesses with number of
employees. Councilor Slattery disagreed there were identical businesses where one was taxed and not the other.
The turnover in the Emporium was huge and he was not comfortable adding fees to people trying to sell things
in an almost yard sale scenario. The same applied to the Growers and Crafters Market. The City should not tax
this level of business activity. There was a difference between a full fledge business and one that rents spaces.
The Emporium should pay for a single business license and not an additional per booth fee.
Councilor Voisin noted Section' 6.04.030 Licenses Required - Presumption of conducting business (C), that
of the five categories that determine conducting business, one might actually affect a vendor. She thought it was
an over reach by the City, was unfair and would not support having vendors pay for a business license.
Councilor Lemhouse declared a conflict of interest and explained his wife was a vendor at the Artisan Market
and was in the process of applying for a business license. His definition of a market was an area where multiple
vendors came and sold their products. He did not think the sole intention of the ordinance was raising revenue
and was in favor of the language proposed by staff. He did not support per booth fees, but thought sponsors of
the Market and Emporium should maintain a business license.
Councilor Chapman clarified the intention of the ordinance was not to raise revenue, It was an attempt at
gathering data and regulation. He thought the Emporium was more of a consignment store. Farmers Market
vendors sold product for 4-5 hours once a week. Neither fit the model. He was inclined to require licenses from
everyone and charge a small fee. Councilor Morris was in favor oflicensing the sponsoring organization except
for the Emporium. He thought if an individual had a specific license, they should also have a business license to
work in Ashland, He was tending towards a fee per booth as well.
Staff clarified that the motion indicating Option #3 on the Council Communication from the February 1, 20 II
meeting was now Option #1 on the Council Communication before Council. Roll Call Vote: Councilor
Morris, Voisin. Lemhouse, Chapman, and Slattery, YES; Councilor Silbiger, NO. Motion passed 5-1.
,
Councilor Silbiger/Chapman m1s require all organizers to get a license and pay a fee based on numbers of
employees and tbe number of booths. DISCUSSION: Councilor Silbiger thought a $5.00 fee per booth
annually was a fair compromise. Councilor Slattery confirmed the fee per booth could be $0.00. Roll Call
Vote: Councilor Chapman, Morris, Slattery, and Silbiger; YES, Councilor Voisin and Lemhouse, NO.
Motion passed 4-2.
Ms. Thornton had received an email from Councilor Silbiger regarding a language change to Section 6.04.040
, (E) for rental units. She suggested removing".. .unless the units being rented are part ofthe Lessor's
primary residence," and adding that language to 6.04.020 Definitions (L). Council consent directed staff to
A::iHLANU en r LVUNC/L Ml'-l'-llNti
February 15. 20ll
Page 9 oj 10
make appropriate modifications and changes to the ordinance, add the definition of rental unit and the words
'rental unit' to 6.04.030 Licenses required - Presumption of Conducting Business.
Councilor Voisin /Lemhouse m1s to approve First Reading and set the matter for Second Reading.
,Roll Call Vote: Councilor Silbiger, Lemhouse, Chapman, Slattery, Voisin and Morris, YES. Motion
passed.
2. Will Council adopt a resolution allocating Transient Occupancy Tax (TOT) revenue for tourism and
non-tourism purposes for FY20II-2012 and establishing criteria for the grant program?
City Administrator Martha Bennett declared a conflict of interest and recused herself. Councilor Slattery also
declared a conflict of interest and asked Council to recuse him from the discussion. He was related to someone
that benefitted from the grants.
Councilor Silbiger/Chapman m1s to recuse Councilor Slattery. Voice Vote: all AYES. Motion
passed.
Councilor Slattery left the meeting at 10:08 p.m.
Administrative Services Director Lee Tuneberg explained TOT revenues provide monies to the General Fund
services and the Economic arid Cultural Grants. Incorporated in the proposed allocation amounts was an
anticipated growth for next year of $84,600 for a total of $1,884,600.
Also proposed were two options for the restricted monies in excess of projections over the last two years that
equaled $82,546 currently in the General Fund restricted for Tourism Activities. Option 1 would make no
changes to Resolution 2010-06 and allocate 73.4% for Non Tourism that included services in the General Fund
and 26.6% for Tourism Activities. Option 2 would revise the allocation and move extra money from small
grants to the restricted section of the General Fund for next year's budget. The Chamber of Commerce would
receive additional funds with significant increases for small grantees in tourism and other activities identified in
the resolution.
Mr. Tuneberg clarified the $150,000 allocated for Economic Development provided funding for staff through
June 2011. He went on to explain that Council could allocate $82,546 for Tourism Activities or reserve it for
future tourism-qualified capital project improvements.
Councilor Lemhouse/Silbiger m1s to take the $82,546 and move it into the Capital Tourism Fund for
future capital projects related to tourism in the downtown area. DISCUSSION: Councilor Lemhouse
explained there were major infrastructure projects for the downtown area. If this money did not go into that
fund, he doubted there would be money from other areas in the budget to use on infrastructure capital projects
downtown. Councilor Voisin thought it should remain in Grants because part of economic development was
developing srnall businesses. It was important to use taxpayer money for the taxpayers. She would not support
the motion, Councilor Morris was not comfortable using TOT funds for maintenance. However, he agreed on
using the funds for capital projects. It was taxpayers' money but came from TOT and should stay associated
with tourism in the long term. Councilor Silbiger noted the line item stated the money was City projects for
TOT purposes, Councilor Chapman added state law defined how TOT was' spent. Roll Call Vote: Councilor
Lemhouse, Morris, Chapman, Silbiger, YES; Councilor Voisin, NO. Motion passed 4-1.
Councilor Lembouse motioned for a tbird option to increase tbe Cbamber of Commerce Visitors
Convention Bureau (VCB) 4.7% as recommended by staff and bold all otber levels of allocation to tbe
2010 levels. Motion died for lack of a second.
~
A.')'HLANU crrr CUUNCiL Mt.J:..1JNti
February 15, 20ll
Page 10 of 10
Councilor Chapman suggested establishing a formula that would work for two years using 2008 as a baseline. It
would take $500,000 for tourism money and assign 55% to YCB, 22% to Oregon Shakespeare Festival (OSF),
10% for Small Grants, 3% for Art, and 10% for City Projects. Any amounts remaining or negative amounts
would wash. Non Tourism Grants would take a baseline of $1 ,000,000; allocate 80% to the General Fund, 10%
for Large Economic Grants and 10% for Small Grants.
Mr. Tuneberg thought the problem with allocations was putting a fixed dollar amount in the resolution and using
percentages for the rest. Using either fixed dollars or all percentages would help amounts stay consistent and
might avoid annual or two year adjustments.
Councilor Silbiger suggested designating $150,000 for Economic Development purposes as approved by City
Council. He clarified that Council could decide to use the money for a large project or for capital tourism, Mr.
Tuneberg added staff could come back to Council for direction on where the $150,000 will go in the budget for
the following year.
Councilor Voisin motioned to accept Option I for the TOT tax for 2012. Motion died for lack of a second.
Councilor Silbiger/Lemhouse m/s to accept Option 2. DISCUSSION: Councilor Silbiger thought the option
provided reasonable increases for both grants, the Chamber of Commerce, the General Fund and met the criteria
for tourism. Councilor Lemhouse wanted to rnove the extra money into the General Fund but thought Option 2
was better than Option I. Councilor Morris could support Option 2 but had an issue with the $150,000 allocated
for strategic planning. Councilor Voisin would not support, the motion. It was important to support individuals
developing small businesses, Councilor Chapman was supportive because it was close to what he had
suggested, but would vote no because strategic planning needed to be revised. Roll Call Vote: Councilor
Lemhouse and Silbiger, YES; Councilor Voisin and Morris, NO. The vote on the motion was not
completed due to the 10:30 p.m. meeting end time.
OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
ADJOURNMENT
Meeting was adjourned at 10:33 p.m.
Dana Smith, Assistant to the City Recorder
John Stromberg, Mayor
CITY OF
ASHLAND
ASHLAND PLANNING COMMISSION
REGULAR MEETING
MINUTES
January 11, 2011
CALL TO ORDER
Chair Pam Marsh called the meeting to order at 7:00 p,m, in the Civic Center Council Chambers, 1175 East Main Street.
Commissioners Present:
Larry Blake
Michael Dawkins
Pam Marsh
Debbie Miller
Melanie Mindlin
John Rinaldi, Jr,
Staff Present:
Bill Molnar, Community Development Director
Derek Severson, Associate Planner
April Lucas, Administrative Supervisor
Absent Members:
None
ANNOUNCEMENTS
Commissioner Marsh requested the f()lIowing items be added 10 Ihe end of the agenda:
. Selection of Planning Commission Officers for 2011.
. Planning Commission's Memo on Council Goals.
. Possible Cancellation of January 25, 2011 Study Session,
Marsh noted the 2011 Schedule of Meetings and clarified this list incorporates the additional joint meetings with the Transportation
Commission for the TSP Update. Comment was made that the list was missing Ihe Commission's Annual Retreat. Marsh concurred
and clarified the Retreat schedule still needs to be determined.
CONSENT AGENDA
A, Approval of Minutes
1. December 14, 2010 Planning Commission Minutes.
Commissioners DawkinslMindlin to approve the Consent Agenda. Voice Vote: all AYES. Motion Passed 5.0. (Commissioner
Rinaldi abstained)
PUBLIC FORUM
No one came forward to speak,
NEW BUSINESS
A. Planning Commission Representative for Infrastructure Financing and Urban Renewal Feasibility Study.
Community Development Director Bill Molnar provided a brief summary of Ihe Infrastructure Financing and Urban Renewal
Feasibility Study. Commissioner Blake expressed interest in the study and the Commission agreed that he would serve as the
Planning Commission's Representative.
UNFINISHED BUSINESS
A. Approval of Findings for PA.2010.01239, 85 Winburn Way.
Commissioner Marsh noted she had asked staff to prepare modified language on the altemative transportation mode
encouragement program of the development agreement recommendations. Associate Planner Derek Severson read the suggested
modification to page 6 aloud: "The Commission finds that measures to this end should include the development of a multi-modal
Ashland Plan/ling Commission
Janl1aJY 11. 2011
Page 1 of 7
transportation 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, which a portion of this
parking to be provided in a location suitable for employee use, and showers and lockers to serve bicycle commuting employees. "
Ex Parte Contact: No ex parte contract was reported by the commissioners.
Commissioners MillerlBlake mls to approve the Findings for PA.2010.01239, 85 Winburn Way as amended by staff. Voice
Vote: all AYES. Motion passed 5-0. (Commissioner Rinaldi abstained)
TYPE II PUBLIC HEARINGS
A. PLANNING ACTION: #2010-01570
SUBJECT PROPERTY: 590 Clover Lane
APPLICANT: Caldera Brewing Company
DESCRIPTION: A request for Annexation; Comprehensive Plan Map Amendment/Zone Change; Site Review approval
to construct a new 28,000 square foot manufacturing, warehouse, storage, tasting room and administrative office
building for the production of brewing products; Lot Consolidation; and Tree Removal Permit to remove 17 trees for
the 3.72 acre parcel located at 590 Clover Lane. The proposal involves an annexation of three parcels totaling 3.72
acres in area which currently have a County zoning designation of RR-5. Two of the three parcels have a current
Comprehensive Plan designation as Single Family Residential, while the third is already designated as Employment.
With the proposal all three parcels will be annexed as Employment lands to be zoned E-1 and consolidated into one
parcel. The application also involves a Modification of Planning Action #2003.112 to eliminate ihe previous vehicle
trips per day per lot cap on Tax Lots #6800 and #6801 at 580.585 Clover Lane, and Administrative Variance to the Site
Design and Use Standards to place parking and circulation between the building and the street and to the parking lot
landscaping and screening requirements. {The Planning Commission will also consider inclusion of Interstate 5 right-
of-way in the annexation to make the extension of the City boundaries more logical and orderly.}
CURRENT COMPREHENSIVE PLAN DESIGNATIONS: Employment & Single Family Residential; PROPOSED
COMPREHENSIVE PLAN DESIGNATION: Employment; CURRENT ZONING: RR-5 (County); PROPOSED ZONING: E.1
(City); ASSESSOR'S MAP#: 391E 14 AA & 14 AD; TAX LOTS: 14AA 6900, 14AA 7000 and 14AD 7000.
Commissioner Marsh read aloud the public hearing procedures for land use hearings.
Ex Parte Contact: Commissioners Mindlin, Rinaldi, Dawkins. Blake. Miller and Marsh conducted site visits. No ex parte contact
was reported,
Staff Report
Associate Planner Derek Severson presented the staff report and explained this application involves an annexation,
Comprehensive Plan Map and Zone change. and Tree Removal permit. He noted the location of the site and reviewed the current
zoning designations, Mr. Severson explained two of the three parcels are zoned residential in the Comprehensive Plan. and the
third parcel is zoned E-1. He stated the proposal is to annex all three parcels as E-1 , consolidate them into one parcel, and develop
a brewery building on the property. Additionally, slaff has recommended a portion of the ODOT right of way along 1-5 be annexed to
make the extension of the City's boundaries more logical (pursuant to AMC 18.106,040).
Mr. Severson reviewed the existing site conditions and clarified the structures and trees proposed for removal. He also provided
some background on the nearby pedestrian conneclion to the Spring Creek neighborhood, Mr. Severson stated the applicant
proposes to build a 28,000 sq. ft, structure that will include a lasting room with 40 seats as well as brewery functions for Caldera
Brewery Company; and reviewed the applicant's landscape plan, building elevations, and floor plan with the Commission,
Mr. Severson stated staff has identified the following four issues they feel need to be addressed in the conditions for approval: 1) a
stronger sense of entry, 2) the amount and extent of paving, 3) placement of parking and circulation between the building and
street, and the resulting challenges to pedestrian access, and 4) buffering of the property line to mitigale paving and visual impacts
of the building mass, Mr. Severson commenled on Ihe T rafflc Impact Analysis provided by the applicant and also noted ODOT's
concerns about left hand turns at the Ashland/Clover intersection, He noted this area is currently being looked at as part of the
City's Transportation System Plan (TSP) Update, and clarified ODOT is supportive of this issue being dealt with by the TSP. To this
regard, staff recommends the Commission consider adding a LID participation agreement as a condition of approval.
Ashland Planning Commission
Jlll/liaty 11. 2011
Page 2 of 7
Mr. Severson concluded his presentation and stated staff is recommending approval of the application with the conditions as noted,
Applicants Presentation
Mark Knox/ Applicant's Representativellntroduced Transportation Engineer Kim Parducci, Landscape Architect Laurie Sager,
Civil Engineer Mark Kamarath, and Caldera owner Jim Mills, Mr. Knox stated they have been working on this project for over a year
and clarified Mr, Mills' already operates a brewery on Clover Lane that is actually closer to the neighborhood than the proposed site.
He stated Mr, Mills has never received any complaints about his operations and noted they held a neighborhood meeting and
received favorable comments about this project. Mr, Knox stated they have gone through a number of design scenarios to minimize
the impacts to the neighbors but still provide a functioning manufacturing facility. He commented on the site constraints, including
the levelness of the site and grading issues, and stated they tried to minimize the impacts of the retaining walls and the mass on top
of the embankment. He noted the grade change between this site and 1-5 is approximately 20 ft, and because of this the asphalt
along the east side of the property will not be visible from the freeway, Mr. Knox commented on conditions 5(h) and 5(i) proposed
by staff. He displayed a colored drawing of what the building will look like from Clover Lane and commented on the architectural
elements, He stated they believe they have met condition 5(h) and asked that it be removed. Mr. Knox shared their concerns with
condition 5(i), which talks to a pedestrian connection to the front entrance and a reduction in the paved surface area, He clarified
they are proposing a striped crosswalk and believes this is appropriate given the level of pedestrian traffic this proposal will
generate, In terms of the second part of 5(i), Mr. Knox stated they have done their best to minimize the amount of asphalt, but noted
this is a manufacturing facility that has product coming and going on large trucks, He stated because of the site constraints and the
need to accommodate delivery trucks and emergency vehicles, it would be very difficult to reduce the paving any further. Mr. Knox
concluded his presentation and restated his request for condilions 5(h) and 5(i) to be removed.
Transportalion Engineer Kim Parducci was asked to comment on the issue of left hand turns off of Clover Lane. Ms. Parducci
explained Clover Lane is not an ideal intersection, but it does have the benefit of a center turn lane which allows vehicles to turn left
onto Ashland St. in two stages (once into the center lane, and again into the through lane), She stated the concern is with ODOT's
future plans to insert a traffic signal at the 1-5 off ramp, which could create stacking issues and possibly block the Clover
intersection.
The applicant expressed no concern to a potential LID participation condition,
Public Testimonv
Steve Morjig/610 Chestnut/Stated he is a long-time Ashland resident and voiced his support for encouraging local businesses. He
voiced his support for annexing this property and noted it is surrounded by City property. Mr. Morjig stated the proposed
landscaping and pavement will suppress the potential for wildfire and noted the tragic fire that occurred behind this property last
summer. He commented on porous asphalt and recommended they encourage, but not require this,
Andy Reinholz/1490 East Main St/Stated he is speaking on behalf of his father and shared his concerns regarding the proposal.
Mr. Reinholz stated a trucking facility is not a desirable business to have this close to a residential neighborhood and questioned
how this would negatively impact their property values. He questioned whether Spring Creek would be able to handle the water load
and questioned what would happen if it can't release it fast enough. Mr. Reinholz stated he has a family member who works for a
brewery and stated these businesses tend to increase the rodent and feral cat population, He noted the undesirable smell that can
omit from the breweries, and stated the tasting room hours of operation is another concern.
Linda Hood/785 Oak Knoll/Expressed concern with how this project will impact her living situation, Ms. Hood staled her house is
across the ravine from the proposed loading deck and voiced concern with the number of trucks visiling the site and the back-up
noises they will make. She commented that her home's sense of privacy will be taken away and invited the commissioners to her
home to see what she is speaking about. Ms. Hood also expressed concern with the amount of water runoff this development will
generate and questioned whether increased traffic will impact the Clover Lane intersection,
Richard Tripoli/690 Spring Creek/Stated his property is adjacent to the proposed building site and stated the proposed building
would be far better than the high grass that is there now. He stated he regularly walks his dog down Clover Lane and has never
smelled anything coming from the brewery, He noted he attended the neighborhood meeting held by the applicants and thanked
Ashland Planning Commission
January 11. 2011
Page 3 of 7
them for their desire 10 make this building as un-offensive to the neighborhood as possible, Mr, Tripoli commented on the placement
of the building and voiced support for keeping it as close as possible to the freeway,
Margueritte Hickman with the Ashland Fire Department was asked to come forward and address the issue of clearance between
the building and the freeway, Ms, Hickman ciarified the Oregon Building Code requires a 26 ft, wide driveway in order 10
accommodate an aerial apparatus emergency vehicle and stated if the proposed driveway width was narrowed it would not meet
this standard,
Commissioner Marsh noted the submittal by the Talent Irrigation District and clarified this will be added to the record.
Rebuttal bv the Applicant
Mark Knox/Noted the city policies regarding jobs and supporting local businesses and commented on some of the concerns raised
during public testimony, Mr, Knox clarified how the bioswale and stonn drain system will work and slated the only waler being
collected on sile and fed to Spring Creek is rain runoff; Water from the brewery will go straight into the City's wastewater system. In
tenns of truck noise, Mr. Knox stated not only is there a distance of 80-90 feet, but the benn and thick tree canopy also provides a
buffer to any potential noise, Mr, Mills added the majority of the truck traffic will occur between 10 am and 3 pm, and staled none of
the trucks have beepers on the back of them, In regards to smell, it was noted that this business has never received a complaint
and has neighbors closer to its current operations than the proposed site,
Commissioner Marsh closed fhe public hearing at 9:00 p.m.
Deliberations & Decision
Commissioner Dawkins motioned to approve PA.2010.01570 with the removal of conditions 5(h) and 5(i). Motion failed due
to lack of a second.
Commissioners Rinaldi/Blake m1s to approve PA.2010.01570 with the conditions of staff, but change Conditions 5(h) and
5(i) to be recommended rather than required, DISCUSSION: Rinaldi commented on the 5 ft. landscaping strip that is required
along the freeway side and suggested they increase Ihe landscaping to the north and south and keep the 26 ft, fire lane clear.
Dawkins agreed Ihat you will not be able to see the landscaping along the freeway side, and in tenns of the sense of entry he feels
this has been met. Mindlin stated if they are going to relax the language in 5(h) perhaps they should just remove it, and in tenns of
the pedestrian connection she recommended this be scored concrete instead of striped paint. She commented on the buffer along
Ihe freeway and stated she would not push too hard for Ihis and would be satisfied if they included some larger stature trees in the
southwest comer, Rinaldi amended the motion to include a LID participation requirement; Blake seconded, In tenns of the
annexation request, several commissioners voiced their support for annexing this area into the City and making il E-1, Rinaldi was
asked to re-state his motion before the vote. Rinaldi clarified his motion is to approve with the following changes to the
conditions: 1) Change 5(h) to indicate this is preferred rather than required, 2) Require a scored concrete treatment to the
pedestrian crossings in 5(i), 3) Remove the permeable paving requirement from 5(i), 4) Add a condition that the 5 ft.
landscaping strip be transferred to the north and south of the building to provide additional screening, and 5) Require the
applicants to sign a LID Participation Agreement. Mindlin offered a friendly amendment to 5(i) to clarify "both" pedestrian
connections shall be delineated through the use of scored concrete. Rinaldi and Blake agreed to this change. Roll Call
Vote on motion as amended: Commissioners Mindlin, Dawkins, Rinaldi, Blake, Miller and Marsh, YES. Motion passed 6.0.
B. PLANNING ACTION: #2010-01622
SUBJECT PROPERTY: 163Hitt Road
APPLICANTS: R. Scott Dixon and Joan Cresse
DESCRIPTION: A request for a Modification of the Performance Standards Options Subdivision Final Plan Approval
(PA #2003.020) for the Strawberry Meadows Subdivision. The proposed modifications include relocation of the
driveway entrance, changes to the approved building envelope, and the allocation of a portion of the lot coverage
from the subdivision's approved "Open Space' Am to allow increased lot coverage for Lot #6, located at 163 Hitt Road.
COMPREHENSIVE PLAN DESIGNATION: Rural Residential within a Performance Standards Overlay; ZONING: RR.,5.
P; ASSESSOR'S MAP #: 391E 08AC; TAX LOTS: 506.
Ex Parte Contact
Ashland Planning CommiSSIOn
January 11. 2011
Page';' of 7
Commissioner Miller reported a site visit, and Commissioners Blake, Dawkins and Mindlin stated they are familiar with the area, No
ex parte contact was reported. \
Staff Report
Associale Planner Derek Severson presented the staff report and briefly reviewed the Strawberry Meadows Subdivision and the
slopes in that area, He explained this property is part of the Performance Standards Subdivision and this application involves three
components: 1) The applicanls are proposing to not use the existing shared driveway on their property, They would like.to relocate
the gate that currently blocks access to upper Hitt Road and create a new driveway that would allow them to enler the site and build
on the least sloped portion of the site, 2) Modify the building envelope to provide more buildable area near the new access. 3) The
final and biggest piece of the application is a request to allocate additional lot coverage from the adjacent open space and increase
the total lot coverage to 56.7%. Mr. Severson explained the area is zoned RR-,5-P which has a standard lot coverage of 20%, and
noted the Performance Slandards Options chapter does provide some flexibility to deal with lot issues.
Mr. Severson provided some history of this subdivision and noted that its approval was appealed to the Land Use Board of Appeals.
He noted when the subdivision was originally approved there was no allocation of lot coverage. However in the LUBA land use
record Ihere is a submittal from Tom Giordano, who was the applicant's agent, indicating they recognized they were restricted to the
20% lot coverage limitation. Mr, Severson noted the applicant's have submitted a second slatement from Mr. Giordano clarifying the
intent was to meet the 20% standard by allocaling lot coverage from the open space,
Mr. Severson stated the applicant's are proposing 4,356 sq, It, of coverage on their property for site construction, and excluding the
existing driveway. In addition they are proposing 1,122 sq. It, in palio areas, pads for parking, and walkways in permeable coverage
for a total lot coverage of 56.7%. Mr. Severson explained in looking at the RR.5 zoning designation, which has a minimum half-acre
lot size and a 20% coverage standard, it is reasonable to assume Ihe intention was for a minimum 4,356 sq, It 101 coverage to
accommodate homes in this district. He stated staff is supportive of the 4,356 sq, It lot coverage proposed by the applicants and
stated previous Planning Commission decisions have allowed the exclusion of driveways from the 101 coverage calculation when the
driveway serves adjacent properties, However, he stated staff is not supportive of the additional 1 ,122 sq, It. of permeable coverage
proposed by the applicants.
Commissioners Dawkins/Marsh m/s to extend meeting to 10 p.m. Voice Vote: all AYES. Motion Passed 6-0.
Applicants Presentation
Scott Dixon and Joan Cresse/Stated it has laken them 3 years to gel 10 Ihis point and Ihey have put a lot of time and effort into
this, Mr. Dixon explained they would like to move the gate on Hitt Rd, create a new lot entrance, and expand the building envelope
to take advantage of the new entrance. He stated the upper part of the lot is the flattest portion and they would like to take
advantage of this and access the lot from the top, Mr. Dixon commented on their allocation request and stated they believe the
original intent of the lot coverage for this parcel was 5,478 sq, It; however they are comfortable with staffs suggestion to make the
coverage relative to the lot coverage associated with a half acre lot, which is 4,356 sq, It" and using permeable surface for the
remaining 1,122 sq. It. Mr. Dixon noted their request to have the existing driveway covered by a separate open space allocation and
stated staff has been supportive of this. He explained the main problem is that they have a ,25 acre lot in a .5 acre zone. He stated
they believe their lot was purposefully made small because of the huge open space, and when they purchased it there was general
agreement that they would be able to allocate coverage from the open space. Mr. Dixon said Ihe problem is that the way these
open space allocations were made has been changed, and when they approached the Planning Department is 2008 they were told
there is no lot coverage allocation from open space and their 101 was essentially unbuildable.
Mr, Dixon commented on the other parcels in the subdivision and the open space allocations they were granted, He also
commented on the letter from Tom Giordano and explained while the letter did indicate the subdivision would meet the 20% lot
coverage, it never said how it was going to be met. He explained he contacted Giordano and asked why this was submitted and
was told by Giordano that clustering was commonplace and it was expected that they would receive open space allocations for Ihe
lots. Mr. Dixon noted the letters from Margaret Brown and Paul Hwoschinsky indicated this was their understanding as well, and
noted under the current Planning Department's interpretation 3 of the lots in this subdivision are completely un buildable.
Asflfand Pfallning Comolis,s;OfI
January 1 L 2011
P8fJe 5017
Mr, Dixon stated they do not want to build a massive house, only a home that is compatible to those in that area. He requested the
Planning Commission allow them what the developers asked for and what the Planning Commission originally approved in 1998,
what the realtor thought she sold them, and what they believed they purchased.
Public Testimony
Sandra Kuykendall/1436 Mill Pond/Stated she was the realtor who sold this lot to the applicants and was also the realtor in 2003
who listed the lots owned by Margaret Brown. She explained when she listed this property she wenl into the Planning Department
to make sure her information was correct and was told this lot was not under the Hillside Ordinance because the slope was not that
severe. She added it was her understanding the reason for the large building envelopes was because there were over 8 acres in
open space and 8 lots were approved, and so each lot would receive an acres worth of coverage, She noted there are other lots up
Ihere that are in this same situation and hopes the Planning Commission considers how they understood this when it was first
developed.
Commissioners Dawkins/Miller mls to extend meeting t01 0:30 p.m. Voice Vote: all AYES. Motion passed 6-0.
Margaret Olson/385 Strawberry/Stated she was the original owner of 8 acres and after years of work was able to develop them
into 8 lots, She concurred with everything that has been said and stated they intended for nice homes to be able to be built on these
lots, She explained the home sites were purposefully placed on the edges of the open space and recommended the City allow
reasonable home sizes on these lots.
Catherine Dimino/423 Strawberry/Requested the record remain open for at least 7 days and asked for a virtual lot coverage for all
existing lots and un-built lots in the neighborhood. Ms, Dimino stated she is supportive of the applicant's first two requests, but
commented on their request for lot coverage. She stated the 56% lot coverage is misleading and what they are really asking for is
26% since their lot is only ,25 of an acre. She stated 23% lot coverage seems fair, but would like the Planning Commission to
determine the coverage allocations for the other lots in the subdivision.
Mark Knox/485 W. NevadaIVoiced support for the applicants and noted he has a lot of background on Ihis issue, Mr. Knox stated
lot coverage and lot consolidalion are planning tools, and commented on clustering houses to putlhem in the least sensilive spots
and maintaining open space for the most sensitive areas, He stated if they did not have this tool, there is no doubt these lots would
have all been at least .5 acres, which some much larger. He noted the Hillside Ordinance had not been created when this
subdivision was created, and now that it is in effect, we want houses to step back which creates even more lot coverage demands.
Mr, Knox voiced his support for allowing the lot coverage associated with a ,5 acre lot, and allowing the applicants to meet their
additional needs by using porous concrete,
Rebuttal by the Applicant
Scott Dixon and Joan Cresse/Requested the record be left open for an additional 7 days for written response. Mr. Dixon
commented on the informal system of granting lot allocations that was in place when this subdivision was created, and stated that
informal system was still in place when they purchase this parcel. He explained it wasn't until three years later that they were told
they had a dead lot. Mr. Dixon commented on Mr. Giordano's open ended statement which failed 10 clarify the intent was to meet
the lot coverage by using an open space allocation, and hopes that the Planning Commission will look at their situation and agree
that it does not make sense, Mr. Dixon noted the difficultly with all the property owners in the subdivision coming together to submit
a single application, and recommended the Planning Commission consider what was listed in the outline plan,
Commissioners Dawkins/Mindlin mls to continue this action to the February 8, 2011 Planning Commission meeting and to
keep the record open for 14 days as requested. Voice Vote: all AYES. Motion passed 6-0.
NEW BUSINESS
A. Planning Commission's Memo on Council Goals.1
Commissioner Mindlin commented on examining the TOD issues in relation to the TSP and Commission Marsh requested they
confer briefly after this meeting to add that clarification into the Memo,
B. Selection of Planning Commission Officers for 2011.
Commissioner Marsh noted the requirement to select officers at the first Planning Commission meeting in January.
Ashland PlaluJing Commission
Jafluwy 11. 2011
Page 6 of 7
Commissioners Dawkins/Mindlin m1s to elect Pam Marsh as Chair. Voice Vote: all AYES. Motion passed 6-0.
Commissioners Dawkins/Miller m/s to elect Larry Blake as First Vice Chair. Voice Vote: all AYES. Motion passed 6-0.
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Commissioners MillerlDawkins m/s to elect Melanie Mindlin as Second Vice Chair. Voice Vote: all AYES. Motion passed
6-0.
C. Cancellation of January 25, 2011 Study Session.
Commissioner Marsh announced Ihe January Study Session will be been cancelled.
ADJOURNMENT
Meeting adjourned at 10:45 p.m.
Respectfully submitted,
April Lucas, Administrative Supervisor
Ashland Planning Commission
Jaouwy 11, 2011
Page 7 of 7.
CITY OF
ASHLAND
TRANSPORTATION COMMISSION
Thursday, January 20, 2011
Council Chambers, 1175 East Main Street
Minutes
Attendees: Tom Burnham, Eric Heesacker (Chair), Steve Ryan, Brent Thompson,
Corinne Vieville, David Young
Absent: Julia Sommer, Colin Swales, Matt Warshawsky
Ex Officio Members: Steve MacLennan
Staff Present: Mike Faught, Nancy Slocum
I. CALL TO ORDER: 6:40 PM by Chair Eric Heesacker.
II. PUBLIC FORUM: No one spoke.
III. ADJUSTMENTS TO THE AGENDA:
Young asked that Heesacker's email dated November 12, 2010, regarding the Commission being
"out of balance," be placed on the agenda if time permitted. Chair Heesacker agreed.
IV. ACTION ITEMS:
A. Discuss and Schedule February Study Session
Faught explained the rational for staff requesting a study session. He suggested the agenda
include a discussion of public works planning and budgeting requirements, a review of year
one of the Commission's two year goals, and the impacts of staff's workload on
Commission's operations.
Heesacker moved to schedule a study session for Thursday, February 17, 2011. The study
session would be held before the regular meeting from 5:30 pm to 6: 30 pm. Heesacker also
moved to reschedule the regular meeting time from 6:00 pm to 8:00 pm until 6:30 to 8:30
pm. Ryan seconded the motions and they passed unanimously.
B. Heesacker Email ofNovernber 12.2010
Heesacker explained that the Mayor emailed all Commission Chairs asking for their
comments on the various applicants for vacant positions. When he replied, he mistakenly
replied to "all" instead of just the Mayor. He said that although Vieville was very well
qualified, he thought the commission as a whole was somewhat unbalanced from an
autocentric standpoint. He noted ex-commissioner John Gaffey and the Exit 14 discussions as
an example of the need for someone who stood up for cars.
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Young took issue with the comments within the email. He thought that Commissioners could
advocate strongly for multimodal transportation and still be "balanced" and open-minded in
their approach.
The Commissioners agreed to close the matter.
VII. COMMISSIONER COMMENTS
Ryan had heard that Central Oregon and Pacific Railroad (CORPS) had altered some rails
thus making some rail cars immovable in an effort to dissuade pedestrians from crossing the
tracks. Faught said that CORPS decoupled. bent and bolted several rails to isolate some
railroad cars. Thompson asked who governed CORPS / citizen conflicts. Faught did not
know, but would take photos and include them in the meeting packet for February. Faught
noted that the goal of the City, TRADCO and congressional representatives was to get the
line open.
VIII. ADJOURN: 7:00 PM
Respectfully submitted.
Nancy Slocum, Accounting Clerk 1
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CITY OF
ASHLAND
TRANSPORTATION COMMISSION
Thursday, December 16,2010
Council Chambers, 1175 East Main Street
Minutes
Attendees: Tom Burnham, Eric Heesacker (Chair), Steve Ryan, Julia Sommer,
Brent Thompson, Corinne Vieville, David Young
Absent: Colin Swales, Matt Warshawsky
Ex Officio Members: David Chapman, Brandon Goldman, Steve MacLennan, David Wolske
Staff Present: Mike Faught, Steve MacLennan, Jim Olson, Nancy Slocum
I. CALL TO ORDER: 6:06 PM by Chair Eric Heesacker. Commission welcomed Corinne
Vieville and commented on her extensive resume.
II. APPROVAL OF MINUTES: Minutes of November 18, 2010 approved as clarified.
III. PUBLIC FORUM:
No one spoke.
IV. ADJUSTMENTS TO THE AGENDA:
Jim Olson added an "Update on On-street Bicycle Parking" and Young added "City Council
Comments Regarding the Balance of the Commission" to the agenda under "Non Action Items."
V. ACTION ITEMS:
A. Election of Subcommittee Members from Januarv to June 2011.
Commissioner Ryan and Sommer volunteered to serve on the Commission's Subcommittee.
Commissioner Young also volunteered with Thompson as his backup.
B. Petition for Pedestrian Railroad Crossing at Second Street
Olson furnished the staffreport. This action was the result of a petition received in November
asking the City to facilitate the construction of a pedestrian crossing over the Union Pacific
railroad tracks and property north of Second Street. He explained that in order to approve the
request, Union Pacific would need to grant an easement across the tracks then easements
must also be granted by private property owners adjacent to the railroad right of way. ODOT
Rail Division, the state agency who controls rail crossings, would then have to grant a pennit
for the rail crossing. The preferred location would thus have to be carefully studied. Although
a Second Street crossing is convenient with current land uses, Staff stated that Fourth Street
as actually the central location according to long term build out projections. Olson explained
the three types of crossings: at-grade, below-grade or above-grade. (Below and above-grade
crossings require a maximum 5% slope.) Staff recommended addressing the request through
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the TSP update process to determine need. Olson said it was illegal for pedestrians to cross
tracks without an easernent.
Young noted there was a railroad-owned superfund site near the Fourth Street crossing.
Commission discussed the need for several railroad crossings; whether rail service would
ever be restored; whether private property owners should be approached now; and whether
the Commission should lobby for changes in state law.
Public Testimony
Mark Valens, 247 Third Street, wanted to promote walking and supported this request as well
as additional at-grade crossings. His wife owned a business at 300 Hersey and he favored the
use of condemnation to gain access to the railroad tracks.
Ted Sundin, J 49 Clear Creek Drive, Suite 102, crossed the tracks to access the Coop and
hardware store. He thought Union Pacific would have less liabIlity if access was granted. He
,favored making crossing the tracks as easy as possible.
Karen McClintock, 149 Clear Creek Drive, Suite 101, witnessed 20 people per day crossing
the racks and had personally been offered drugs. She suggested looking at an aerial view of
the area for existing "nonofficial" pedestrian paths. Crossing at Second Street avoided the
contaminated site. McClintock wanted the railroad to move their rail cars.
Janet Rueger, J 49 Clear Creek, Suite 105, thought Second Street was a better crossing than
Fourth Street as most people desired access to the Coop, hardware store and coffee shop. She
thought people on Hersey Street also favored an at-grade Second Street crossing. She spoke
to property owner John Fields who favored granting an easement. Rueger also favored
walking more and noted the benefits to disabled people.
Steve Miner, Darex, 210 East Hersey Street, submitted an email in favor of moving the rail
cars and constructing a pedestrian crossing.
Discussion
Sommer suggested the City Attorney call Union Pacific and warn them against potential
liability. She thought people crossing the tracks, clirnbing through parked rail cars could
cause accidents. She sympathized with petitioner's frustration waiting for an official crossing
and suggested they consider "taking matters in their own hands." Officer Steve MacLennan
reminded petitioners and Commissioners of the state statute against trespassing on railroad
property. The fine is up to $6,200 or one year in jail.
Motion
Thompson moved to recommend that Council approve up to six at-grade crossings in the City
with crossings in the railroad district receiving priority. Ryan seconded the motion.
Discussion
Young agreed that there was an immediate need for one rail crossing
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Faught reminded the Commission that Staff also wants rail crossings, but the process could
not be hurried. The final TSP will look at the global issue of rail crossings. A different
crossing location (e.g. Second Street) would require an expensive study even for a pedestrian-
only crossing. He believed the motion, as stated, would not hasten an approval. The next joint
Planning Commission / Transportation Commission meeting on January 20,2011 will
discuss Chapter 7 which included rail crossings.
Olson added that Union Pacific did not want people to cross the tracks. As a body, they could
not be condemned. The last railroad right of way easement cost $100,000. Additionally,
Chapman and the City Council have a goal to help reestablish rail service. Commission
already has direction from the Council. '
Motion
Thompson amended motion to include only one crossing. Motion failed for lack of a second.
Discussion
Commission agreed that a dialog with Union Pacific should begin. Faught reminded
Commission that in order to apply for grants, a project must first be listed in an adopted city,
regional or state document such as the TSP.
Janet Rueger, 149 Clear Creek, Suite 105, spoke to City Administrator Martha Bennett who
said money may be available through a non-profit organization whose mission was to
encourage stakeholders to work together. Rueger thought the City should investigate what the
City of Phoenix did to recently get their pedestrian rail crossing approved.
Young wanted Commission to choose a site now and fast track the issue.
Ryan wanted to know long term viability of the railroad and asked if doing another study on a
potential crossing site would cnd up "double paying" consultants if a study was already done
in the current TSP. Faught said we were not double paying and estimated roughly an addition
$50,000 for a new study at a new site.
Chaprnan thought that since the current TSP named a crossing at Fourth Street, Staff should
move ahead with a pedestrian-only crossing at that site.
Sommer thought Commission should ask staff to research what was done in Phoenix and to
approach Union Pacific about the possibility of a pedestrian-only crossing at Second Street.
Ryan added a request that Staff send letters of inquiry to property owners on both sides of
Second Street (to keep the option for a Second Street crossing open) regarding possibility of
granting a future easement.
Thompson withdrew his motion.
C. Review of Crosswalk on Siskiyou Boulevard at Frances Lane
Russ Silbiger requested improvement of the crosswalk by installing a median. Olson reported
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this section of boulevard had four lanes including a center maneuvering lane. The center lane
was used for storage of traffic turning left onto Frances Lane or Into the Market of Choice. To
construct a refuge- island would eliminate the left turn onto Frances. If the crosswalk were to
be relocated to the west side of Frances Lane, the left turn into the Market of Choice would
be eliminated. Because of the elimination ofleft turn movements, Staff recommended against
a refuge island. In addition, no vision problems have been reported at this site.
Brandon Goldman, City Planner, reminded the Commission that this crosswalk was part of
one of the Pedestrian Places that could be reviewed by the TSP Update consultants.
Olson called attention to Warshawsky's submitted comments (email dated 12/10/10)
regarding absent sidewalk connections in this area. Olson reported that those connections will
be completed as part of the current Miscellaneous Concrete Project.
Heesacker suggested something inexpensive such as rumble strips or additional signage to
improve safety at this crosswalk.
Motion:
Thompson moved to accept Staff's recommendation and take no action. Burnham seconded
the motion.
Discussion:
Sommer thought drivers had difficulty seeing the crosswalk. Burnham and Young agreed.
Young thought this site acted as a midblock crosswalk and also recommended rumble strips.
Vote:
Motion passed four votes to three.
D. Association of Pedestrian and Bicycle Professionals (APBP) Membership Fee
Burnham moved to use the Commission's budget to apply for APBP membership. Sommer
seconded the motion and it passed six votes to one.
E. Review of Citv Council Goals
Young moved to forward the suggestion that City Council add the following goal: "Advocate
for the long tenn viability of an at-grade pedestrian railroad crossing at Fourth Street as
consistent with the current TSP." Thompson seconded the motion and it passed unanimously.
Ryan noted that Transportation in general affects nearly all of Council Goals including the
"Economy" goal of expanding tourism. He takes these goals as directions for the
Commission.
VI. NON ACTION ITEMS
Heesacker left the meeting at 8:00.
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A. TSP Update
I. Media Contact - Faught explained the protocol for media requests. The Chair is
customarily invited as the representative of the Commission. The time between the
request and the actual interview is very short. He noted that every media spot is
reported to the City Administrator who in turn reports it to the City Council.
Young said he was frustrated with what'happened with the Jefferson Exchange
interview. He thought Staff should have sent an email message that informed them
ahead of the interview.
2. White Papers - Faught reported that Staff had just edited the consultants' White Papers
on various concepts presented in Chapter 7 of the TSP. They will be available for
Commission review ahead of the January 20th meeting.
Faught was encouraged to see the recent email (dated 12/15/1 0) from Melissa Schweiguth.
He would like all the Commissioners and Staff to engage her and other citizens to participate
in the TSP update process. Ryan encouraged everyone to subscribe to online TSP comments
via www.ashlandtsp.com.
B. Pedestrian Nodes Overview
Goldman reported that the last Pedestrian Places workshop will be held on February 22,2011
at Ashland Middle School at 7:00 pm.
Burnham was concerned the Transportation Commission was never involved in the location
selection process. Goldman reminded the Commission that in September 2007, the Planning
Department hosted a workshop on arterial streets. In that workshop three "nodes" were
identified. The then Traffic Safety and Bike and Pedestrian Commissions were involved in
the selection process that was then ratified by the City Council.
C. MPO Update
No report.
D, Planning Commission Update
No report.
E. Transportation Grants Update
Olson referred the Commission to the memo in their packet. He said many of the City's
transportation projects were funded through grants and provided a summary of current and
upcoming grant projects.
E. City Council Comments Regarding the Balance of the Commission
Young had read comments in the Daily Tidings contributed to Councilor Kate Jackson
regarding the anti-auto bias on the Commission, specifically in reference to Commissioner
Vieville. He noted that Councilor Jackson had never been to a Commission meeting. He
thought there was a "theme" developing. He would like the Commission to approach the
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Councilor write a letter. Vieville thought it offensive for one to assume that because
someone does not drive, they are anti-auto.
Burnham thought it appropriate to speak to the Mayor as he appoints all Commissioners.
Thompson thought this a minor issue and no action was warranted. Sommer wondered if the
recently elected Councilors would support the multimodal mandate of the Commission.
Thompson left the meeting at 8: 1 0 pm.
Young was also concerned about the tone of an email in the packet from Councilor Silbiger
to Heesacker.
Acting Chair Ryan suggested putting the issue on a future agenda. He also suggested putting
the most recent ordinance governing the Commission inJhatmeeting's packet.
F. Update on On-street Bicycle Parking
Faught was pleased to report that the owner of the Outdoor Store on Third Street agreed to
trade one 15 minute parking space for an on-street bicycle parking corral.
VII. INFORMA T10NAL ITEMS & COMMISSIONER COMMENTS
Young wanted an update on the restriping of the Plaza area. Olson reported that the concrete
portion of the project was part of the current Miscellaneous Concrete Project.
VIII. ADJOURN: 8:16 PM
Respectfully submitted,
Nancy Slocum, Accounting Clerk 1
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CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Update on the Ashland Response Team
March 1,2011 Primary Staff Contact:
Ashland Fire and Rescue E-Mail:
Administration Secondary Contact:
Martha Benne Estimated Time:
John Karns
karnsj@ashland.or.us
Martha Bennett
Consent
Question:
Does Council have any questions regarding the Ashland Response Team update?
Background:
It was realized during last year's Hosler Dam exercise that the City needed increased staffing and
training for the Emergency Operations Center (EOC) to operate effectively. Most of the City staff was
responding to the field to mitigate the actual emergency resulting in an understaffed EOC. Many of the
City employees, particularly the section chiefs, felt that having assistants would increase the
effectiveness of the operation of the EOC and Incident Command Post.
In an effort to enhance the operation of the City of Ashland's response to emergencies or large
planned events, a new citizen volunteer group was formed. The Ashland Response Team (ART) is
made up of citizens who have some training and experience in public safety or emergency
management. A request for applications went out last year for individuals interested in assisting the
City who have the time, experience, and desire to assist our staff at the department level, in the
Emergency Operations Center, or at the Incident Command Post.
We received 12 applications from citizens. After outlining the program and commitment required, as
well as background checks, 8 applicants were approved for the team. The City has provided current
NIMS training as well as exposing the applicants to the all-hazard assessment of the City. We will
soon be assigning these team members to departments/positions and providing position-specific
training. These mernbers will be participating in all future emergency management exercises in the
City.
The intent is to have ART respond and assist with the Operations, Planning, and Logistics sections as
well as fill in at the department level as needed.
Related City Policies:
City of Ashland Emergency Operations Plan
Council Options:
Information Only
Attachments:
None.
Page.1 of 1
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CITY OF
ASHLAND
Council Communication
Meeting Dale:
Department:
Secondary Dept.:
Approval:
Ashland Fire and Rescue's Annual Report
March 1,2011 Primary SlaffConlact: John Karns
Ashland Fire and Rescue E-Mail: karnsj@ashland.oLus
Adminislration Secondary Contact: Martha Bennett
Martha Benne Estimaled Time: Consent
Question:
Does Council have any queslions aboul the Ashland Fire and Rescue Annual Report?
Staff Recommendation:
None.
Background:
Ashland Fire and Rescue would like 10 presenlto lhe Cily Council an annual report for calendar year
2010. This report summarizes lhe department's activities and accomplishments during last year.
Council Options:
Information Only
Potential Motions:
None.
Attachments:
None.
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TABLE OF CONTENTS
INTRODUCTION .......................................................................... 1
FIRE AND EMERGENCY OPERATIONS .................................. 2
EMERGENCY MEDICAL SERVICES......................................... 4
. FIRE AND LIFE SAFETy............................................................. 5
FOREST INTERFACE DIVISION ................................................ 6
CERT AND CPR............................................................................ 7
TRAINING ..................................................................................... 8
PERSONNEL ................................................................................. 9
EMERGENCY MANAGEMENT~............................................... 10
THE ASHLAND FIRE & RESCUE TEAM ................................ 11
I'm proud to present this summary of the activities of Ashland Fire & Rescue for 2010. As with all City depart-
ments, 2010 has been challenging. Fiscal limitations have caused us to search for alternate emergency service de-
livery profiles while maintaining quality customer care. For 2010 the number of responses for our department in-
creased slightly over 2009 reversing a trend that all area fire departments had been experiencing. While the number
of emergency medical calls remained constant, our department responded to a 12% increase in fire calls in 2010.
The Washington and Oak Knoll fires were tragic events for our community and represented a property loss of over
$5 million. These events were a reminder of the vulnerability of all neighborhoods in Ashland and the importance
of proactive citizen involvement in fire prevention.
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ASHLAND FIRE & RESCUE
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INTRODUCTION
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2010 ANNUAL REPORT
In 20 I 0 our department initiated a business and multi-residence fire prevention inspection program. This was the
first such program for the City in over 10 years. All line members received training and state certification as fire
inspectors. Over 400 inspections were performed in 20 I O.
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Ashland Fire & Rescue reinstated a citizen CPR training program as well as a certified Child Safety Seat program
for members of the community in 2010. The CPR program is administered by our CERT Coordinator and taught
by fire department staff and citizen volunteers. In 20 I 0 we applied for and received a grant to help fund the train-
ing for our child safety seat installers as well as the purchase of child safety seats.
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The City Council approved an ordinance restricting fireworks within the City. This is a critical component to the
overall fire safety not only in the Wildland Urban Interface but also throughout the community. The Ashland For-
est Resiliency project was initiated through a Master Stewardship Agreement between the City of Ashland, the
United States Forest Service, Lomakatsi Restoration Project and The Nature Conservancy. The Ashland Forest
Resiliency project addresses two Council goals that were approved in June 2009 dealing with water quality and
watershed sustainability. Fuels treatment prescriptions were created and treatment began in 2010 along with multi.
party monitoring, community education, and a robust community engagement component.
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The department recruited and hired a Firewise Communities Coordinator in 20 I O. Implementing a Firewise Com-
munities program is a fundamental element of our department's goal for citizen involvement in fire safety and pre-
paredness. The Firewise Communities program encourages local solutions for wildfire safety by involving home-
owners, community leaders, planners, developers, firefighters, and others in the effort to protect people and prop-
erty from the risk of wildfire.
The department organizational structure was changed to provide for company level supervision and oversight. This
is consistent with other fire departments
and allows for better resource integration
during mutual and automatic aid deploy-
ments.
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Ashland Fire & Rescue continues to
strive for excellence in every aspect of
our operation. We appreciate being a
integral component of Ashland's public
safety effort. I would like to thank the
Mayor, City Council, and City Adminis-
trator for their continued support.
Chief John Karns
ASHLAND FIRE & RESCUE
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2010 ANNUAL REPORT
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FIRE AND EMERGENCY OPERATIONS
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Ashland Fire & Rescue responds to a wide variety of
calls within the City of Ashland and our Ambulance
Service Area (ASA). The department responds under
mutual and automatic aid agreements as well. While
the Oak Knoll fire was an example of a large mutual
aid deployment, Ashland Fire & Rescue participates
in some level of mutual aid response over 100 times
annually.
Ashland is divided into two areas with one station
serving each area. The administration staff work at
Fire Station One.
Ashland Fire & Rescue responds to all types of fires,
fire alarms, vehicle accidents, hazardous conditions
including material spills, weather related incidents,
emergency medical events, and service calls. The
proximity of Ashland to a main transportation corri-
dor, a critical watershed, and regional tourist centers
requires a wide variety of skills and equipment in-
ventory to deliver the many disciplines needed.
The current organizational structure for Ashland Fire
& Rescue calls for a Fire Chief and three Division
Chiefs. There is a Division Chief for EMS, one for
Fire and Life Safety, and an unfunded position for
Operations. Each of the three shifts has nine mem-
bers. One shift has a vacancy due to a resignation
and one has a vacancy due to lack of funding. The
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daily staffIng level is at seven, two-thirds of the
time. All line personnel are trained as paramedics.
The department perfonns over 40 personnel call
backs each month.
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The requests for service increased slightly for 20 I 0,
primarily in the number of fire and good intent calls.
Examples of good intent calls are vehicle accidents
without injuries, or smoke investigation-no fire
found. We feel this increase is largely due to en-
hanced fire and smoke awareness after the Washing-
ton and Oak Knoll fires.
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There is a strong effort by Ashland Fire & Rescue
and the other area depart-
ments to further partner in
service delivery and coordi.
nate training and operational
procedures. There are also
discussions to better coordi-
nate the four departments'
command and control re-
sources. This is a trend in the
fire service and is of particu-
lar importance in southem
Oregon due to resource lev-
els of the area fire depart-
ments. The advantage to
Ashland will be multiple
Chief OffIcers on scene of
large events. Mutual and
automatic aid requests will
be able to have closest unit
response
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ASHLAND FIRE & RESCUE
.
2010 ANNUAL REPORT
FIRE AND EMERGENCY OPERATIONS (cont'd)
Call Volume by Time of Day
7.00%
.!!!
1; 6.00%
:: 5.00%
~ 4.00%
ill' 3.00%
1: 2.00%
i!l 1.00%
~
~ 0.00%
f:-
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5:) 5:)
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o~ Q,~
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5:) 5:) 5:) 5:)
\i.';J <.;';J q;';J ",<:s';J
16.00%
15.23%
15;00%,
14.00%
13.00%
12.00%
11.00%
10.00%
,;.
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Call Percentage by Day of Week
ASHLAND FIRE & RESCUE
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2010 ANNUAL REPORT
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EMERGENCY MEDICAL SERVICES
Ashland Fire & Rescue has been providing high
quality ambulance services to the residents of south
Jackson County as the primary ambulance service
provider since 1996. We
consistently meet the stan-
dards and requirements of
our Ambulance Service
Area (ASA) agreement.
Ashland Fire and Rescue
went before the Jackson
County Commissioners and
was awarded a five-year
contract for ASA #3. This
year Ashland Fire & Res-
cue responded to 3171 calls
for service, a slight increase
over last year. Paramedics
responded to 2716 medical calls and transported
1493 patients to the area's three hospitals. Ashland
Fire & Rescue's average response time within the
city of Ashland was 4.57 minutes.
Ashland Fire & Rescue's Fire-Med subscription pro-
gram offers low cost ambulance subscription ser-
vices with annual sign ups in October of each year.
This past year the Fire-Med program had 1,499
memberships covering 2,818 members and trans-
ported 275 Fire-Med members.
This past year our department saw some changes and
challenges for emergency medical services. There
was a system wide shortage of a number of critical
medications. Finding cost effective alternatives
proved difficult. We also faced changes in several
treatment protocols, patient care devices and billing
procedures. Revenues were negatively impacted by
changes in Medicare compensation and the reduction
in overall reimbursement levels. On a positive note,
Congress passed a one year renewal of the ambu-
lance relief act that continues the two percent addi-
tion to ambulance services reimbursement.
Ashland Fire & Rescue personnel logged a total of
3,182 hours of training with each person receiving
an average of over 100 hours of individual training
in addition to responding to emergency calls and
completing their other assigned departmental duties.
All Ashland Fire & Rescue personnel have com-
pleted the necessary State requirements of continu-
ing education, training and skills requirements to
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renew their Emergency Medical Technician certifi-
cation at their current level.
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Ashland Fire & Rescue is
seeking to improve its op-
erations by increased effi-
ciency and effectiveness
through the use of technol-
ogy. At the end of 2009,
Ashland Fire & Rescue
renewed this effort by es-
tablishing a department
technology committee. We
have completed one of the
goals by installing trial Mo-
. bile Data Terminals
(MDTs) in several vehicles.
MDTs provide for quicker incident location and re-
sponse and more effective transmission of call data
from dispatch.
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The committee has also embarked on developing a
mobile EMS patient reporting system to enable para-
medics to document treatment, complete their re-
ports and send them to the receiving hospitals from
the ambulance rather than waiting to return to the
station to write the report. This system builds on the
current reporting system and incorporates new,
smarter and more efficient technology hardware and
software. Implementation of this system is scheduled
for February of 20 II and will provide better patient
care and increase the efficiency and effectiveness of
documentation.
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ASHLAND FIRE & RESCUE
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2010 ANNUAL REPORT
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FIRE AND LIFE SAFETY
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The primary duties of this division are plans review,
fire code enforcement, fire investigations, public
information and public education. The Fire & Life
Safety Division was staffed with one person, the
Division Chief, during 20 I O. Other members of the
department participate in fire inspections and public
education.
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In 20 I 0, two projects required significant staff time:
Company Level Fire Inspection Program and the
Oak Knoll Fire Investigation.
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The Company Level Fire Inspection Program in-
cluded a training plan, creating inspection routes,
documentation of fire inspections and a billing pro-
gram. In-house training was provided to all fire-
fighters based on the training requirements estab-
lished by the Oregon State Fire Marshal's office.
Firefighters were certified for inspecting businesses
and mercantile occupancies, banks, offices, eating
establishments with an occupant load under 50 and
retail stores. Following the training, each shift was
assigned three groups of businesses to inspect. More
than 400 initial inspections were completed within a
IO-month period resulting in the billing of $16,200
in inspection fees.
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The Oak Knoll Fire was a large fire, not only for the
City of Ashland, but also for Oregon. The Oak
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Knoll Fire was ignited on the hot, dry afternoon of
August 24 by smoking materials. Pushed by winds,
the fire quickly burned through brush and grass on
the west side of 1-5, jumped the freeway and contin-
ued to bum through brush and grass destroying II
homes and damaging several others. The fire started
on a parcel of land that is both in the county and the
city. Ashland Fire & Rescue lead a fire investigation
team including investigators from Jackson County
Fire District #3 and #5, USFS, and a private fire in-
vestigator. The department also received assistance
from the City's GIS personnel. The investigation
was complete with a week-long trial that ended on
December 8 with a not-guilty verdict.
The division completed 255 plan reviews, 12 fire
investigations, and the adoption of the 20 I 0 Oregon
Fire Code. The City of Ashland adopted a new ordi-
nance prohibiting fireworks, and a comprehensive
media campaign was implemented resulting in no
fireworks debris in normal locations demonstrating
successful results. This was the second year of the
Weed Abatement Program in the fire department.
There were 560 Wildfire Zone inspections with 72
abatements ordered. There were 69 properties out-
side of the Wildfire Zone inspected with 40 abate-
ments ordered. There were 5 citations issued for
lack of timely abatement of the hazard.
5
ASHLAND FIRE & RESCUE
.
I
2010 ANNUAL REPORT
I
FOREST INTERFACE DIVISION
In 20 I 0, both the Firewise Communities and Ash-
land Forest Resiliency Stewardship projects were
undertaken in earnest. Ongoing projects included
fuels management in the wildiand urban interface,
City forestlands management, watershed forest pa-
trol, and wildfire emergency response planning.
Firewise Communities USA is a national recognition
program for communities at risk from wildfire who
take prudent steps to protect themselves. The depan-
ment secured Jackson County Title III funding of
$52,000 to hire a coordinator to implement a
Firewise recognition program in Ashland. Ali True
was hired in July, assisted with the City's weed
abatement program, and then laid the foundation for
Firewise in Ashland including securing an additional
$50,000 in grants to assist homeowners increase fire
safety around homes throughout the city, notably in
the Oak Knoll area. Ali continues to introduce the
concept of Firewise to Ashland residents through
home assessments, speaking engagements, and work
with partner organizations.
The City became a formal partner in the Ashland
Forest Resiliency (AFR) Stewardship Project by
signing a Master Stewardship Agreement with The
Nature Conservancy, Lomakatsi Restoration Project,
and the U.S. Forest Service. Funding from the
American Recovery and Reinvestment Act was dedi-
cated to the project in the amount of $6.2 million .
The department dedicated the Forest Resource Spe-
cialist and contracted forester nearly full time to the
AFR project, and hired a half time assistant dedi-
cated to AFR and funded solely through federal dol-
lars. Through the Forest Interface Division, the City
will engage in all aspects of the project and spear-
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head community engagement and density manage-
ment, including helicopter thinning operations. The
Master Stewardship Agreement is good for 10 years,
the anticipated duration of the project.
Watershed Forest Patrol has been an ongoing activ-
ity coordinated by the Fire Department for nearly a
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decade. Approximately $9,000 was contributed to
the U.S. Forest Service in a cooperative agreement
with the Jackson County Sheriffs Office to fund a
deputy who patrols Ashland Watershed areas two
days a week to increase law enforcement presence to
discourage activities that increase the risk of wildfire
in and around the watershed.
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A grant for wildfire fuels reduction around homes in
the City's wildfire zone expired in July. Forest Re-
source Specialist Chris Chambers coordinated as-
sessments and agreements with residents in the
City's wildland urban interface over a one year pe-
riod that lead to improvements in fire safety by re-
ducing the amount of flammable vegetation around
homes plus fire safe improvements to home con-
struction such as replacing of wood shake roofs. 109
residents participated in this fire prevention and miti-
gation program.
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Based on 7 years of past fuels reduction work, map-
ping of the wildfIre hazard zone for strategic fire
response and attack was completed. The resulting
map is one in a series that have been used for plan-
ning and fIre response, most notably during the 2009
Siskiyou Fire. Other fire season preparations in-
cluded coordination with state and federal partner
agencies and annual wildland fIre training conducted
for Ashland and District 5 fIrefighters.
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ASHLAND FIRE & RESCUE
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2010 ANNUAL REPORT
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CERT AND CPR
2010 - A YEAR OF FIRSTS FOR ASHLAND
CERT
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It is an exciting time to be a member of the Ashland
Community Emergency Response Team
(CERT). The program has excellent training and the
opportunities to advance to higher levels within the
organization have never been greater.
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Ashland CER T had a great 2010 despite some sig-
nificant challenges beginning with the departure of
Lucy Edwards, the previous coordinator, and Heidi
Gottlieb, the program assistant. Lucy and Heidi were
instrumental in maintaining a team of well trained
and ready volunteers and their departure had a sig-
nificant impact on the organization.
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While the program transitioned to a new coordinator,
Richard Randleman, CERT volunteers did a tremen-
dous job conducting the Spring basic training, main-
taining the program, and helping the new coordinator
become more familiar with Ashland CERT.
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For several years CERT conducted a visioning proc-
ess during which the goals of educating and motivat-
ing the community, training and developing mem-
bers, and advancing the organization were estab-
lished. To achieve the visioning goals for 2010,
CER T increased basic training attendance by part-
nering with SOU, introduced the program's first
refresher course to maintain our existing member's
proficiency, and partnered with Jackson County
Search and Rescue to lend our expertise of Ashland
while obtaining excellent training and experience.
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The CER T program is also well into its transition
from solely a disaster reserve organization to include
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an element of reserve emergency responders.
CERT mobilized for the Oak Knoll Fire, conducted
its first basic training on campus at Southern Oregon
University, participated in its first search and rescue
missions with Jackson County Search and Rescue
and completed its first firefighter rehab mission
while mobilized for the Oak Knoll Fire.
As a result of the Oak Knoll Fire experience, CERT's
responsibility for firefighter rehab is being planned
for future emergencies and preparations for CERT to
execute "post disaster recovery" and victim rehab
missions are underway.
CERT adopted a new leadership track for members
who wish to enhance their skills and capture oppor-
tunities as leaders and managers of the program. In
particular there are Level I Management Team
members who will be trained to manage the program
in the Coordinator's absence, Level 2 Leadership
Team members who will be trained to manage
CERT's emergency responses, and Level 3 Crew
Leaders 1 Phone Tree and Base Managers who will
be trained in how to manage bases, phone trees, and
lead volunteers in the field.
7
ASHLAND FIRE & RESCUE
.
I
2010 ANNUAL REPORT
I
TRAINING
The training required to meet national standards for
emergency medical, fire suppression and prevention,
and workplace safety continue to present challenges
to Ashland Fire & Rescue. For a number of years the
department has been reducing fire suppression and
emergency operations training as a means to balance
its budget. The cost of this type of training comes
partially from the cost of the training itself, but more
due to the overtime costs incurred with member par-
ticipation.
..................~..............'.........~
....,.- .......
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The emergency medical trammg component has
been consistently followed. The county and state
EMS agencies have strict training standards as a
condition of operating an Oregon Ambulance Ser-
vice Area. The department has a Division Chief and
contracted Medical Director who oversee our train-
ing curriculum and standards of practice for our
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EMS program. Each individual paramedic is re-
quired to complete a continue education curriculum.
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Training necessary for the relatively low frequency
but higher risk events such as fire suppression prac.
tices, emergency operations, and command and con-
trol was severely reduced to meet budget limitations.
The effort to integrate with more regional training
has been met with mixed success.
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The average fire department member is currently
receiving under 38% of the required total training as
established by the National Fire Protection Associa-
tion (NFPA) and the Insurance Services Office
(ISO). To ensure effective fire ground and emer-
gency scene operations, as well safety of personnel,
the department and City must be committed to deliv-
ering the training that is appropriate for the services
delivered to our community.
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ASHLAND FIRE & RESCUE
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2010 ANNUAL REPORT
PERSONNEL
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20 I 0 brought many changes to the makeup of Ash-
land Fire & Rescue. The year started with the resig-
nation of Captain Bob Cockell. After 15 years of
service with AF &R, Cockell left the department to
start his own business. His resignation allowed Engi-
neer David Shepherd to be promoted to Captain and
Firefighter Robert Stephens to be promoted to Engi-
neer.
With the help from grant monies the department was
able to add two additional personnel to assist with
Ashland's wildfire hazards. Ali True was hired as
the Firewise Communities Coordinator and Anne
Crispino-Taylor was hired as the Ashland Forest
Resiliency Project Assistant.
The most significant change to the, department was
the creation of a new "Captains" rank.
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Background
The accepted practice nationally is to have at least
one "Company Officer" assigned to a fire station. A
"Company" is a gronp of 4 firefighters (usually com-
prised of I officer, I engineer and 2 firefighters) who
work together as a team at both the fire station and
on emergency scenes. This company officer, nor-
mally called a Captain, is responsible for the 3 crew
members who serve in that company. In larger com-
munities, some stations might have several company
officers managing several groups of firefighters.
Battalion Chiefs then supervise the company officers
on their shift.
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The Challenge
For many years now the three shifts at AF&R have
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worked without the benefit of a true company offi-
cer. All supervision was handled by one shift leader,
then called a Shift Captain. This Shift Captain was
responsible for the eight crew members assigned to
that shift. This routinely placed the Shift Captain in a
situation where they were exceeding the recognized
standard of five personnel for span of control. It also
left the Station #2 crew without a supervisor.
The Solution
In order to bring the department up to nationally
recognized standards it was imperative to create a
true "Captains" position and rename the current
"Shift Captains" to "Battalion Chief'. In order to do
this, the department executed both an Engineers pro-
motional exam in the spring and a Captains promo-
tional exam in the fall to fill the spots created by the
restructuring.
On Nov. 12"' we promoted the following individuals
to the Captains rank: Curt Formolo, Todd Stubbs,
Matt Freiheit, Steven Boyersmith, Dana Sallee, and
Kelly Burns.
Rod LaCoste, Todd Beck, Lance Menold, and Justin
Foss were promoted to Engineer.
Walt Anders, Scott Hollingsworth, and David Shep-
herd were reassigned as Battalion Chiefs.
The Division Chief of Fire Operations position con-
tinued to be unfunded as did a firefighter's position.
At the time of this report, an entry level firefighter's
test is in progress. The established list will be used to
fill the vacancy created back in February.
1
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Back Row Left to I~ight: Caplain [vIau
Freiheit. Captain Todd Stubbs. Gattalion
Chief Walt ^ndcrs. Battalion Chief Scott
Hollingsworth. Battalion Chief David
Shepherd, Captain Dana Saliee. Captain
Steven I30yerslllith
,)"
, '
;~ :
Front Row Len tu Right: Engineer Justin
Foss. Engineer Rod LaCoste. Engineer
Todd Beck. Engineer Lance i'vlcllOld
9
ASHLAND FIRE & RESCUE
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2010 ANNUAL REPORT
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EMERGENCY MANAGEMENT
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The Fire Chief for Ashland is also the City's Emer-
gency Manager. The Emergency Manager is respon-
sible for the training of employees for response to an
emergency as well the City's hazard assessment and
preparedness of the citizens for those hazards. The
City maintains an Emergency Operations Plan (EOP)
that serves as a guide for its response to emergen-
cies.
The Department of Homeland Security's National
Response Framework identifies the National Inci-
dent Management System (NIMS) as the standard
response and management structure for emergency
events. A component of NIMS is responder training
for the Incident Command Sys-
tem (ICS). In 20 lOa tiered train-
ing program was identified for
the employees of Ashland who
would respond in the event of an
emergency or large-scale planned
event. The implementation of this
training was started in 20 I 0 with
several opportunities for ad-
vanced training as well as on-line
basic training. Phenix Consult-
ing was contracted to provide
ICS position-specific training for the City's com-
mand staff. Phenix consulting will also evaluate the
resources necessary to improve the function of the
City's Emergency Operations Center (EOC).
Ashland entered into an agreement with Jackson
County Emergency Management to participate in a
grant funded contract to rewrite Emergency Opera-
tions Plans. Many other Rogue Valley communities
will also be participating in this program. Utilizing a
common fannat will coordinate the various jurisdic-
tion's EOP's and facilitate improved collaboration
during an emergency event. The rewrite of Ash-
land's EOP is expected to be completed in 2011.
The Federal Energy Regulatory Commission wit-
nessed an exercise simulating a failure of Hosler
Dam. Ashland Fire & Rescue assisted the Public
Works department with this drill. The exercise pro-
vided for activation of the Emergency Operation
Center as well as an Incident Command Post. The
exercise helped to identify areas of the City's re-
sponse and event management that will be addressed
in the future. The City received top marks for the
exercise and quality of response.
Ashland Fire & Rescue formed a new citizen volun-
teer group known as ART (Ashland Response
Team). It was identified that our City may struggle
to sufficiently staff the EOC when the nature of an
emergency requires a large number of field respond-
ers. Recognizing that our community has many resi-
dents with substantial experience in public safety
and emergency management, a request went out to
the community for volunteers who wanted to assist
City personnel in operations during an emergency.
A number of individuals stepped forward and twelve
were identified to continue with the program. These
volunteers will receive general and position-specific
ICS training and be assigned to areas within the
EOC.
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The Siskiyou Fire of 2009 iden-
tified some areas of public in-
formation conveyance that
needed to be improved. The
"fire hot-line" was an internal
system that was obsolete and
~ quickly became overloaded dur-
ing an emergency. Ashland's
Information Technology De-
"partment found a third-party
solution for the hot-line and the
new system was implemented in 20 I O. The new sys-
tem can handle many more calls simultaneously and
be updated without interruption. The City's 1700
AM emergency radio was not being received well by
residents in some of our canyons. This situation was
resolved by streaming the signal over the City's web
site. The radio message can be accessed from the fire
department's home page. The City entered into an
agreement with Jackson County for a mass notifica-
tion system (reverse 9-1-1). This will allow for
broad based notification capabilities while allowing
for local control and minimizing the costs. This sys-
tem represents a significant improvement in the
City's ability to communicate with the public during
an emergency. The system should be operational in
the second quarter of2011.
Ashland Fire & Rescue is also taking the lead in
creating a Joint Information Plan for the region. We
are collaborating with other jurisdictions and agen-
cies to develop a joint policy for Ashland specifi-
cally, though regional in scope. Representatives from
Medford, Ashland Police Department, Ashland
Community Hospital, Southern Oregon University,
and Ashland School District are participating.
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ASHLAND FIRE & RESCUE
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2010 ANNUAL REPORT
THE ASHLAND FIRE & RESCUE TEAM
ADMINISTRATIVE STAFF
John Karns, Fire Chief
Greg Case, Division Chief
Marg1leritteHiCkiiiiiii;'Oivision Chief
Divi;ion ChieflOperatio~nfunded
chiis Chambers, Forest Resource Specialist
KiriioerleySiiiiimers, AOininistrative ASSiS~-nt
.' I .: I t. Ii' \ .1, I "I .
Ah' True."Flrew,lse Comm umties Coordmator
] -'.1 t I - I 1 ~ I
Anne IGrjspi!'o-jfayor, ~ Projec!;Assistant
IRichard Randlem\.ri.~ Certv'cdordiflator
G" r. ':ar "'\' -- I
'ferry EubanKs;-Amerieorps-Volunte~r
Mark Anderson,12Epartment Chaplin
<- L ~ '---'"
Firefighter Marshall Rasor ----------Firefighter Dk(eiR~ /Firefighter Shannon Turner
~!J(2;Q)O /'
Firefighter Brent Knutson Firefighter.Ron Garfas-Knowles Firefighter Robert Trask
---------
Unfunded Position
Vacant Position
Firefighter Ashley May
Firefig h ter /P aramedic
Brent Knulson
[]j
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~J"""'ll''!l
FII~ESCl
Fin'fighll'r/I)arallll'dit, BITllt
~1I111s011 ITl'l'iHtI lhl' Fin.'
Chil'rs Awart! for "outstanding
l'uslOllll'l' SlT\'in' and a IOIlt!,
It'rIlI rOIll III it IIIl'llt to illlprm'ing
Ashland Fin' '" H.l'Sl'Ul'"
2010Fhe Chief's Award
~
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SUPPRESSION
~~
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FOREST LANDS
MEDICAL
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~
EDUCATION
CITY OF
ASHLAND
Council Communication
Meeling Date:
Department:
Secondary Depl.:
Approval:
App'ointment to Public Arts Commission
March ],20]] Primary StaffConlact: Barbara Christensen
Cily Recorder E-Mail: christeblal.ashland.or.us
Mayor's Office Secondary Contact: Mayor Stromberg
Martha Bennet Estimaled Time: Consent
Question:
Does the City Council wish to confirm lhe Mayor's appointment of Margaret Garrington to lhe Public
Arts Commission with a lerm 10 expire Apri] 30, 2012?
Staff Recommendation:
None
Background:
This is confirmalion by lhe Cily Council on lhe Mayor's appoinlmenllo the Housing Commission on
applicalion received.
Related City Policies:
Ashland Municipal Code (AMC) Chapter 2.] 7.020
Council Options:
Approve or disapprove Mayor appoinlmenl of Margarel Garrington to the Public Arts Commission.
Potential Motions:
Motion to approve appointmenl of Margarel Garringlon 10 lhe Public Arts Commission wilh a lerm 10
expire April 30, 20]2.
Attachments:
Application received
"
Page I of I
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CITY OF
ASHLAND
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Name: Margarel Garringlon
Requesling 10 serve on: Public Arts Commission
Address: 520 Herbert Slreel, Ashland, Oregon
Occupalion: Professional Visual Artisl
Phone: Home 541-482-8559
Work same
Email margar@mind.nel
Fax na
1. Education Backl!round
Whal schools have you attended?
University (MS)
Soulhern Illinois University (BS); Arizona Slate
What degrees do you hold? BS Art Education: MS Recrealion Resources Planning
Whal additional training or educalion have you had lhat would apply to lhis position?
Schneider Museum of Art Board Member for 2 lerms. I am a working artisl and my art
work is represenled by both Hanson Howard Gallery and Blue Heron Gallery in Ashland.
As a working artisl il is importanllo always increase my knowledge about art of all
kinds. This includes travel out of the area to see art museums and public art, and keep up
10 dale wilh currenltrends. A member of the Ashland Art Center I participate in ongoing'
professional development courses and workshops provided by lhe center. Over the years I
have attended numerous art relaled workshops 10 increase my knowledge in various art
disciplines.
2. Related EXDerience
Whal prior work experience have you had that would help you if you were appointed 10
lhis posilion?
Employment as a land use planner for Siskiyou County, CA and Jackson County, OR, as
well as a private land use planning consultant. Each position req'uired involvemenl in
county and city business including presenlations 10 boards and commissions. This gives
me some insights into appropriate prolocol for meetings and working wilh lhe public.
Do you feel it would be advanlageous for you 10 have further lraining in this field, such
as attending conferences or seminars? Why? Yes, because knowledge is always a good
lhing.
='... ,
3. Interests
Why are you applying for this posilion? As an artist living in Ashland, I have eagerly
awaited and enjoyed completion oflhe public art pieces the Public Arts Commissions and
others have encouraged and implemented. Each art piece adds character to our city and
exposes many cilizens and visitors to the visual arts and its diversity. A posilion on the
Public Arts Commission is a way for me 10 be involved in lhis process.
4. A vaiIabilitv
Are you available 10 attend special meetings, in addition 10 the regularly scheduled
meetings? Do you prefer day or evening meetings? Yes. Prefer day except Mondays.
Evenings can be accommodated also.
5. Additional Information
How long have you lived in this community?
.
Since 1982, 29 years
Please use lhe space below to summarize any additional qualifications you have for lhis
position
As crealor of lhe LOOZA BottleProjecl, a collaboralive art installation, I organized and
worked wilh over 100 artisls and non artisls 10 bring the project 10 complelion. While the
projecl firsl had a message of recycling and awareness of lhings we lhrow away, it had
lhe uninlended, surprising, and very positive aspect of opening up lhe idea of whal many
people consider art. Non artists I worked with felt an inleresting empowermenl and
excitemenl aboul being a part oflhe project. Now completed, the LOOZA BottleProjecl
includes over 400 vessels filled artistically with trash, and has been installed at lwo
differenl venues, and is scheduled to be shown at the Maude Kerns Art Center this
summer in Eugene. Wilh a professional background primarily as a painter, lhe project
reinforced my belief of lhe transformalive power of art, and also lhat art can be many
lhings.
I have a great inleresl in public art because of its posilive impact on the people who view
it, as well as, the artisls who produce it. In my travels, I have come 10 realize a city wilh
public art develops a characler of ils own unlike any other. Public art can only enhance
lhe ambience of lhe city of Ashland, as the compleled art objects promulgated by the
Public Arts Commission have shown.
January 4, 201 I
Date
Signature
~~,
CITY OF
ASHLAND
Council Communication
Meeling Dale:
Department:
Secondary Dept.:
Approval:
Grant Application for North Normal Neighborhood Plan
March], 20]] Primary SlaffConlact: Bill Molnar
Community Develo menl E-Mail: molnarb@ashland.or.us
None Secondary Conlacl: Maria Harris
Martha Benne ESlimated Time: Consenl
Question:
Willlhe Council direcl stafflo submil a granl applicalion 10 fund lhe preparalion ofan area plan for the
North Normal A venue Neighborhood?
Staff Recommendation:
Slaff recommends approval of lhe submission of a granl applicalion to fund lhe preparalion of an area
plan for the North Normal Avenue Neighborhood.
Background:
The Transportalion and Growth Managemenl (TGM) Program is accepling applications for the 2011
granl cycle. The TGM Program is ajoinl program of the Oregon Department of Transportalion
(ODOT) and lhe Oregon Department of Land Conservation and Developmenl (DLCD). It is funded
with federal Safe, Accountable, Flexible, Efficienl Transportation Equily Acl: A Legacy for Users
(SAFETEA-LU) and Slale of9regon funds. The TGM Program provides resources 10 help Oregon
communilies prepare inlegraled land use and transportalion plans.
The northern Normal A venue area is lhe approximately 90 acres in size, and is the last sizeable tract of
largely undeveloped land designaled for residenlial purposes in the Ashland Urban Growth Boundary
(UGB). Site opportunilies include proximity to elementary and middle schools, proximity to shopping
and services, proximily 10 lhe Cenlral Ashland Bike Path, and the presence of lwo creeks and three
wetlands. The area plan would look al incorporating residential densities to support lransil use,
incorporating green infrastructure, links 10 the exisling multi-modal transportation syslem and
incorporating the creeks 'and wellands as amenities.
Allhe January 8, 2011 retreal, the Planning Commission endorsed the North Normal Neighborhood
Plan as a pOlenlial upcoming projecl in lhe preparation of comments for lhe 20 II Council Goal
Setting. Similar to lhe November], 20]0 Council Sludy Session, slaffpresented lhe Communily
Development Department projecls and priori lies based on the 20] 0-20] ] Council Goals, and included
a lisl of potential projecls 10 address projected population and employment projections. ]n addilion to
the North Normal Neighborhood Plan, the pOlential projecls included lhe Ashland Slreel Employmenl
Area Plan and Railroad Property Masler Plan.
The deadline for lhe granl application is March II, 20 I ]. Grants are awarded in June 20 II, and musl
be compleled by May 2013. The state adminislers lhe development oflhe scope of work, conlracl and
seleclion of lhe consullanlleam, and in lhe pasl, lhis process has laken six monlhs or more. ODOT
adminislers the conlracl using ODOT policies and procedures thaI meellhe federal funding
requiremenls. The program uses pre-qualified learns of consullants under contracl with lhe TGM
Page I of2
~~,
~
CITY OF
ASHLAND
Program. TGM Program staff work wilh jurisdiclions 10 selecl projecl consullants lhal besl fillhe
specific planning services needed.
Ideally, plan developmenllhrough adoption would take 18 months, from January 20]2 - June 2013.
Given the lime requiremenls of the slale conlracting process, il is estimated the projecl work would
begin January 2012 or later, and take ]2 monlhs 10 complele the draft plan. After the draft plan is
compleled through the granl process, an addiliona] six to ] 2 monlhs is needed to go lhrough the local
adoption process. Long range planning projects lhal would overlap wilh lhe North Nonnal
Neighborhood Plan time line would be lhe Council goal of adopling land use and building codes to
create incenlives for energy, waler and land efficienl and multi-modal developmenl which is projected
to be a July 201 I - June 20]2 time line, and polentially lhe Council goal of undertaking further land
use ordained amendments as outlined in Siegel Report.
Initial estimates identify a project cosl for the development oflhe draft neighborhood plan of$95,000
wilh $72,000 in grant funds and $27,900 in local cosls. The local costs for development oflhe draft
plan would primarily be Planning Division slaff time for projecl managemenl coordinalion of data
needs, mapping and analysis, review of deliverables, meeling preparation and contracl managemenl
(.25 FTE from January 2012 - December 20] 2). The grant requires a minimum of an I] % in malching .
funds, which can be in the fonn of slaff time or direct projecl expenses. The second slep of laking lhe
plan lhrough lhe local, adoplion process would result in the use of staff resources lolaling
approximately.40 FIE (from January 2013 - June 2013).
Staff estimates four hours of work at a cosl of $2] 0.00 for wages and benefils to prepare the
applicalion for submittal. The projecl application was previously developed and submitted for the
20]0 TGM grant cycle, bul was nol awarded granl funds. Instead, lhe Transportation Syslem Plan
(TSP) update and Pedestrian Places Project was awarded to the Cily of Ashland in the 20] 0 granl
cycle.
Related City Policies:
Populalion, Housing and Urbanizalion Elemenls, Ashland Comprehensive Plan
Drafi Greater Bear Creek Valley Regional' Plan
Council Options:
Move 10 direcl slaffto submil a grant appIicalion 10 fund the preparation ofan area plan for the North
Nonnal Avenue Neighborhood.
Move 10 direct staff nolto submil a grant applicalion to fund lhe preparation of an area plan for the
North Nonnal Avenue Neighborhood.
Attachments:
North Nonnal Neighborhood map
Page 2 of2
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CITY OF
ASHLAND
Council Communication
Public Hearing on the adoption of amendments to Chapter 18.62 of the Ashland
Land Use Ordinance, Chapter 15.10 ofthe Ashland Municipal Code, and FEMA
Flood Insurance Rate Maps and Flood Insurance Study.
March 1,2011 Primary SlaffContact: Brandon Goldman
Community Developmenl E-Mail: goldmanb@ashland.or.us
None Secondary Contact: Bill Molnar
Martha Benn ESlimated Time: 20 Minules
Meeling Dale:
Departmenl:
Secondary Dept.:
Approval:
Question:
Should lhe Council approve Firsl Reading of an ordinance amending lhe Ashland Land Use Ordinance
Chapler 18.62 (Physical and Environmenlal Conslrainls), an ordinance amending the Ashland
Municipal Code Chapler 15.10 (Flood Damage Prevention Regulalions), and revisions to the FEMA
Flood Insurance Rale Maps and move both ordinances on to second reading?
Staff Recommendation:
Staff recommends lhe Council adopllhe revised FEMA Flood Insurance Rate Maps, and relaled Land
Use and Building Code amendmenls regulating development within designaled flood hazard areas.
Background:
Ashland's Land Use Ordinance (Ch 18.62), and Building Code (Ch 15.10), bolh contain requiremenls
for conslruction within lhe 100 year floodplain and specifically reference lhe FEMA Flood Insurance
Rale Maps (FIRM) and Flood Insurance Study for Jackson County and Incorporated Areas (FIS). The
Slale of Oregon has reviewed Ashland's local Ordinance and has recommended a number of
recommended and mandalory code amendmenls for consistency with the Oregon Model Flood
Damage Prevention Ordinance. These changes are included in lhe proposed ordinance amendmenls.
A Revised Flood Insurance Sludy (FIS) was compleled for Jackson County which evaluated flood
hazards, floodway boundaries, and water surface elevations of lhe base flood ulilizing lhe mosl currenl
lopographic informalion and currenl computer modeling of flood inundalion scenarios. The result of
lhis sludy is lhe creation oflhe new DigilaJ Flood Insurance Rale Maps (D-FIRM) which will go inlo
effecl as lhe official map issued by lhe Flood Insurance Adminislralion delineating the areas of special
flood hazard on May 3, 201 J. Due to the size oflhe full FIS and D-FIRM lhese documenls are not
included as prinled allachmenls 10 lhis Council Communi cali on, bul are available for review on lhe
City's websile al www.ashland.or.us/femaupdales.
The Cily has previously held a Public Forum on April 14th, 201010 assisl residenls wilh properties in
or adjacenllo regulaled floodplains in underslanding how the FIRM changes may affecllheir property
and associaled insurance implicalions. The Planning Commission reviewed preliminary FIRM maps at
a sludy session on April 27th, 2010. The Planning Commission held a public hearing on June 8th, 2010
regarding the proposed code amendmenls 10 the Land Use Ordinance and adoplion of the revised
FEMA Flood Insurance Rate Map (FIRM) and recommended the Council approve the ordinance
amendments as proposed. The Council public hearing on lhis ilem was tenlalively scheduled for the
July 20, 2010, and was announced at the June 8, 2010 Planning Commission meeting. Subsequent 10
Page I of3
~.l'
,
CITY OF
ASHLAND
lhis public hearing the City was informed lhal the Cily of Central Point and Jackson County had each
independenl]y appealed lhe Jackson Counly Flood Insurance Study that formed the basis oflhe new
FIRMs. These appeals were resolved and the City of Ashland received lhe Letter of Final
Determination from FEMA on November 8th, 2010 (attached), allowing Jackson Counly and lhe Cily
of Ashland six months (until May 3, 20]]) 10 adopllhe revised FIS, lhe revised FIRMs and
corresponding development code amendmenls.
The Nalional Flood Insurance Program (NFIP) supports local communilies in lheir efforts 10 reduce lhe
risk and consequences of serious flooding. In order 10 participate in the NFIP, a communily musl agree
10 adopl and enforce sound floodplain managemenl regulalions and ordinances. In exchange for these
\
praclices, FEMA makes flood insurance available 10 homeowners, business owners and renters in these
communilies.
FEMA uses the mosl accurate flood hazard informalion available in developing the FIRMs. However,
because of limitalions of scale or lopographic definition of the source'maps used to prepare a FIRM,
small areas may be inadvertently shown within an special flood hazard zone on a FIRM even though
lhe property or structure is at or above the elevalion oflhe ]-percenl-annual-chance flood. Recognizing
that these situalions do occur, FEMA eSlablished adminislralive procedures to change the designation
for lhese properties on the FIRM. These processes are referred to as lhe Letter of Map Amendment, or
LaMA. An individual who owns, renls, or leases property may submil certain mapping and survey
informalion to FEMA and requesl that FEMA issue a documenllhal officially removes a property
and/or slruclure from lhe special flood hazard designation. In most cases, the applicanl will need to
hire a Licensed Land Surveyor or Registered Professional Engineer 10 prepare an Elevalion Certificale
for lhe property. In cases were property owners have previously received Letters of Map Amendmenls
those LaMA's are recertified through lhe adoplion oflhe new FIRM and will remain in effect. A
lisling of these pre-existing LaMA's is provided as an attachment
Homes and buildings in high-risk flood areas with mortgages from federally regulaled or insured
lenders are required 10 have flood insurance. These areas have a ] % or grealer chance of flooding in
any given year, which is equivalent to a 26% chance of flooding during a 30-year mortgage.
Homes and businesses located in moderate-to-Iow risk areas that have mortgages from federally
regulated or insured lenders are lypically not required 10 have flood insurance. However, flood
insurance is highly recommended because 25% of all flood claims occur in moderale-to-Iow risk flood
areas. A lender can require flood insurance, even if il is not federally required.
The City of Ashland does not provide an evalualion of insurance needs for properties within lhe City.
However information is available lhrough FEMA's websile lhal can assisl individuals in delermining
how lheir properties classification within a Special Flood Hazard Zone may impacl both their needed
coverage and corresponding rates: http://www.floodsmart.gov. Ultimalely residenls and business
owners are advised 10 conlacllheir insurance agents assess how the newly mapped FEMA floodplains
may impacllheir coverage needs and premium rales.
The Cily is a voluntary participant in lhe Communily Raling Syslem which is a program thaI
recognizes and encourages communily floodplain management aClivilies lhat exceed lhe minimum
Nalional Flood Insurance Program (NFIP) requiremenls. As a result of participalion in lhe CRS
Page 2 of3
r~'
CITY OF
ASHLAND
program, flood insurance premium rales in Ashland are currently discounted by 15% throughoullhe
Cily. Adoplion oflhe proposed ordinance amendmenls, Flood Insurance Rale Maps, and Flood
Insurance Sludy will allow Ashland 10 conlinue our efforts 10 regu)ale development wilhin floodplains
in a manner lhal effectively reduces flood risk, and residenls will remain eligible for flood insurance.
Related City Policies:
Comprehensive Plan
Environmental Resources 4.17
Goal:
To protect life and property from flooding andflood hazards, and manage the areas subject to
flooding to proteclthe public '.I' in/ere.l.t.
Policy:
27) The City shall continue to participate in the National Flood Insurance Program,
complying with all applicable standards.
Council Options:
Approve proposed ordinance amendments to Chapter 18.62 Physical and Environmental Conslrainls of
lhe Ashland Land Use Ordinance (ALUO), Chapler ] 5. I 0 of lhe Ashland Municipal Code and lhe
proposed revisions 10 the Flood Insurance Study and FEMA Flood Insurance Rale Maps.
Potential Motions:
Move 10 approve firsl reading of lhe ordinance amendmenls 10 Chapler ] 8.62 Physical and
Environmental Constraints of the Ashland Land Use Ordinance (ALUO), Chapter 15.10 oflhe
Ashland Municipal Code, and revisions to lhe Flood Insurance Sludy and FEMA Flood Insurance Rale
Maps and schedule second reading for March 15,20] I.
Attachments:
Ordinance updaling Ashland Land Use Ordinance 18.62
Ordinance updaling Ashland Municipal Code, Chapler 15.10
SlaffReport- Planning Commission 6/08/2010
Planning Commission Minules 6/08/2010
FEMA Letters
Frequently Asked Queslions hand oul
LOMA recertificalion lisl (Preliminary Summary of Map Actions)
Letters from residenls
Flood Insurance Study (FIS), and revised F]ood Insurance Rate Maps (FIRMs) are available in full at:
www.ashland.or.us/femauodates
Pagd of 3
-..
._~
ORDINANCE NO.
AN ORDINANCE AMENDING THE CITY OF ASHLAND PHYSICAL
AND ENVIRONMENTAL CONSTRAINTS (CHAPTER 18.62), AND
INCORPORA TlNG NECESSARY CHANGES BASED ON THE
ADOPTION OF THE FLOOD INSURANCE STUDY FOR JACKSON
COUNTY OREGON AND INCORPORATED AREAS, AND
ACCOMPANING FLOOD INSURANCE RATE MAPS.
Annotated 10 show delelions and addilions 10 lhe code seclions being modified. Delelions are
bold" ~.L and additions are bold underlined.
WHEREAS, Article 2. Section I oflhe Ashland City Charter provides:
Powers of lhe Citv The Cily shall have all powers which the constilulions, slatutes, and
common law of the United States and of this Slate expressly or impliedly gran I or allow
municipalilies, as fully as lhough lhis Charter specifically enumerated each of lhose
powers, as well as all powers nol inconsislenl wilh lhe foregoing; and, in addilion therelo,
shall possess all powers hereinafter specifically granted. Alllhe aulhorily lhereof shall
have perpelual succession;
WHEREAS, lhe above referenced granl of power has been interpreted as affording all
legislalive powers home rule conslitulional provisions reserved to Oregon Cities. Cilv of
Beaverton v. Inlemational Ass'n of Firefighters, Local 1660, Beaverton Shop. 20 Or. App. 293,
531 P 2d 730, 734 (1975); ,
WHEREAS, the Federal Emergency Management Agency (FEMA) published a preliminary
Flood Insurance Sludy (FIS), and Flood Insurance Rate Maps (FIRMS) on June 30, 2009, and
bOlh, after public input and revision, are completed and will be effeclive on May 3, 201 I for
Jackson Counly, Oregon and lhe incorporated areas;
WHEREAS, the City of Ashland is a participanl in the National Flood Insurance Program, and
each participaling communily is responsible for planning, adoplionand enforcemenl of
regulalions 10 accomplish proper floodplain managemenl;
WHEREAS, notice of lhe proposed Ordinance Amendment was sent 10 the Department of Land
Conservalion and Development (DLCD) on May 14,2010 as required by State law;
WHEREAS, public nolice was mailed on May 7, 2010 consislenl wilh Oregon slale law. (ORS
227.186) directly 10 property owners whose property is currently localed in lhe floodplain, and
lhose whose properties will be in lhe floodplain when the new floodplain maps become effective;
WHEREAS, lhe Cily Council of the City of Ashland conducled a duly advertised public hearing
on the above-referenced amendmenls on March 1,2011;
Page I of7
WHEREAS, the Cily Council oflhe Cily of Ashland, following the close of the public hearing
and record, deliberated and conducled first and second readings approving adoption of lhe
Ordinance in accordance with Article 10 of lhe Ashland Cily Charter;
WHEREAS, the Cily Council of the City of Ashland has delermined lhal in order 10 prolecl and
benefit the health, safely and welfare of exisling and future residents of the Cily, il is necessary
to amend lhe Ashland Municipal Code Flood Damage and Prevenlion regulalions and Physical
and Environmenlal Land Use Ordinance in lhe manner proposed; and
WHEREAS, the Cily Council of the City of Ashland has delermined lhat an adequate faclual
base exisls for the amendmenls, the amendmenls are consislenl wilh lhe comprehensive plan and
lhal such amendments are fully supported by lhe record of this proceeding.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The above recilations are true and correct and are incorporated herein by this
reference.
SECTION 2. Seclion 18.62.030 [Definitions] is hereby amended to read as follows:
18.62.030 Definitions.
The following lerms are hereby defined as lhey apply 10 this Chapler:
A. Architect - An architecllicensed by the State of Oregon.
B. Average slope - average slope for a parcel ofland or for an enlire projecl, for lhe
purposes of determining the area to remain in a natural state shall be calculated
before grading using lhe following formula:
S = .00229(1)(L)
A
where "s" is lhe average percenl of slope; ".00229" is the conversion factor for
square feet; "I" is the contour interval in feet; "L" is the summalion of length of
the conlour lines in scale feet; and "A" is the area oflhe parcel or projecl in acres.
Co Base Flood: means the flood havine a one percent chance of beine equaled or
exceeded in any giving year.
D. Base Flood Elevation (BFE): means the water surface elevation during the
base flood in relation to a specified datum. The Base Flood Elevation (BFE)
is depicted on the FIRM to the nearest foot and in the FIS to the nearest 0.1
foot.
E. Building Code: Means the combined specialty codes adopted under ORS
446.062,446.185,447.020 (2),455.020 (2),455.610,455.680,460.085,460.360,
479.730 (1) or 480.545, but not include regulations adopted bv the State Fire
Marshal pursuant to ORS chapter 476 or ORS 479.015 to 479.200 and
479.210 to 479.220.
Page 2 of7
<;.I.Buildable area - That portion of an existing or proposed 101 lhal is free of
building reslriclions. For the purpose of this ordinance, a buildable area cannol
contain any setback areas, easemenls, and similar building restrictions, and cannot
conlain any land that is idenlified as Flood plain Corridor Lands, or any land thaI
is greater than 35% slope.
D.G Cohesive Soils - Residual or transported soils, usually originaling from parenl
rock which conlains significanl quanlities of minerals which wealher 10 clay.
Cohesive soils have a Plaslicily Index of len or more, based on laboralory testing
according 10 AASHTO melhods, or a site-specific scientific analysis of a
particular soil malerial.
E.H. Development - Alteralion oflhe land surface by:
I. Earth-moving activilies such as grading, filling, slripping, or cUlling involving
more than 20 cubic yards on any 101, or earth-moving' aclivily dislurbing a
surface area greater lhan ] 000 sq. ft. on any 101;
2. Conslruction of a building, road, driveway, parking area, or other slruclure;
excepl lhal addilions 10 exisling buildings of less than 300 sq. ft. to the
exisling building foolprint shall not be considered developmenl for section
] 8.62.080.
3. Culverting or diversion of any slream designated by this chapter.
4. Anv man-made chanee to improved or unimproved real estate within an
area of special flood hazard as defined within Chapter 15.10
F-!.,.Designer - a person not registered as an architect or engineer, approved to plan
and design single family homes and other buildings defined as exempt by lhe
building code.
G.,LEngineer - A registered professional engineer licensed by the Stale of Oregon.
J.K..Engineering Geologist - A regislered professional engineering geologisl
licensed by the State of Oregon.
L. Flood or floodine: means a eeneral and temporary condition of partial,or
complete inundation of norm all v drv land areas from:
1) the overflow of inland or tidal waters: or
2) the unusual and rapid accumulation or runoff of surface waters from
any source.
M. Flood Insurance Rate Map (FIRM): means an official map of a community.
issued bv the Federal Insurance Administration, delineatine the areas of
special flood hazard andlor risk premium zones applicable to the community.
N. Flood Insurance Study (F'S): means the official report bv the Federal
Insurance Administration evaluatine flood hazards and containine flood
profiles. floodwav boundaries and water surface elevations of the base flood.
1.0. Floodway Channel - The tloodway ehannela~ defined by ordinanee. channel
of a river or other watercourse and the adiacent land areas that must be
reserved in order to discharee the base flood without cumulativelv increasine
the water surface elevation more than one (l) foot.
Page 3 of?
J.f. Geotechnical Expert
demonslrable expertise m
engmeenng.
K!b Gully - A drainage incision, commonly caused by erosion, which does nol
experience regular or seasonal stream flow, bul does acl as a channel for runoff
during periods of high rainfall.
b.R. Landscape Professional - arborist certified by lhe Intemalional Sociely of
Arboriculture, landscape architecllicensed by lhe Slale of Oregon, or other expert
wilh demonslrable expertise in lree and erosion conlrol vegetation maintenance,
and erosion control vegetation methods.
M-.s..Natural Grade - the elevation of the ground level in ils nalural slate, before
construction, filling, or excavation. (see graphic)
An engineering geologisl or
geologic hazards evaluation
an engineer with
and geotechnical
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N-.T.Natural State '- all land and waler lhal remains undeveloped and undisturbed.
This means lhal grading, excavaling, filling and/or lhe conslruclion of roadways,
driveways, parking areas, and structures are prohibiled. lncidenlal minor grading
for hiking lrails, bicycle palhs, picnic areas and planling and landscaping which is
in addilion 10 and enhances the natural environment is permitted. Incidenlal
brush removal for lot maintenance and ecosyslem health is permitted. Further,
vegelalion removal for the purposes of wildfire control in conjunclion with an
approved fire prevenlion and control plan shall also be permitted.
G.D.Non-cohesive Soils - Residual or Iran sported soils conlaining no or very little
clay, usually from crystalline granilic parenl rock. Non-cohesive soils have a
Plasticily Index of less than len, based on laboratory testing according to
AASHTO methods, or a published scientific analysis of a particular soillype.
F- V.. Professional Arborist - arborisl certified by lhe Inlemalional Sociely of
Arboriculture and licensed by lhe State of Oregon State Landscape Contractors
Board or Construction Contractors Board, or landscape architecl licensed by lhe
Slale of Oregon.
Q-W. Riparian - ThaI area associaled wilh a nalural waler course including ils
wildlife and vegelation.
R-X..Slope - The deviation of a surface from lhe horizontal, usually expressed in
percent. (see graphic)
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SLOPE CALC.UL-ATIOt-..J
H
DEGREE OF SLOPE = ARC TANGENT OF V/H
8-.Y..Stripping - Any aClivity which significanlly disturbs vegelaled or olherwise
stabilized soil surface, including clearing and grubbing operations.
Page 4 of7
+-.Z...Tree Removal -lhe following aClivities are defined as lree removal:
I. The removal of three or more living trees of over six inches diameter at breasl
heighl (d.b.h.), or lhe removal of five percent of the total number of living (or
dead trees) over six inches d.b.h., whichever is greater, on any 101 wilhin five
year period, or any form of commercial logging;
2. The removal of one or more living conifers grealer lhan lwo feet d.b.h., or
living broadleaflrees grealer lhan one fool d.b.h.;
Y-.AA..Wildfire - Fire caused by combuslion of nalive vegetation, commonly
referred 10 as foresl fire or brush fire.
SECTION 3. Seclion 18.62.050 [Land Classifications] is hereby amended 10 read as follows:
18.62.050 Land Classifications.
The following faclors shall be used to delermine lhe c1assificalions of various lands and
their conslrainls 10 building and developmenl on lhem:
A. Flood plain Corridor Lands - Lands with pOlential slream flow and flood hazard. The
following lands are classified as Flood plain Corridor lands:
]. All land conlained wilhin the 100 year Flood plain as defined by the Federa]
Insurance Administration and identified in the Flood Insurance Map (FIRM)
defined by the Federal Flood Insuranee Program, and in_maJls adopted by
the Council as provided for in Chapter 15.]0 of the Ashland Municipal Code.
2. All land wilhin lhe area defined as Flood plain Corridor land in maps adopled by
lhe Council as provided for in section] 8.62.060.
3. All lands which have physical or hislorical evidence of flooding in the historical
past.
4. All areas within 20 feel (horizonlal distance) of any slream idenlified as a
Riparian Preservation Creek on the Physical and Environmental Constrainls
Floodplain Corridor Lands maps adopled pursuanllo seclion ]8.62.060
5. All areas within len feel (horizonlal distance) of any stream idenlified as a Land
Drainage Corridor on lhe Physical and Environmental Conslrainls Floodplain
Corridor Lands maps adopted pursuant to section] 8.62.060.
SECTION 4. Section 18.62.070 [Developmenl Slandards for Flood Plain Corridor Lands] is
hereby amended to read as follows:
18.62.070 Development Standards for Flood plain Corridor Lands.
For all land use actions which could result in deve]opmenl of the Flood plain Corridor,
lhe following is required in addilion 10 any requiremenls ofChapler 15.10:
A. Slandards for fill in Flood plain Corridor lands:
I. Fill shall be designed as required by lhe International Building Code Orel!.on
Structural Specialty Code (OSSC) and International Rcsidential Code
Orel!.on Residential Specialty Code (ORSC). where applicable.
Page 5 of?
,I
2. The toe of the fill shall be kepI alleasllen feel oulside of floodway channels, as
defined in seclion 15. I 0, and the fill shall nol exceed the angle of repose of lhe
malerial used for fill.
3. The amounl of fill in lhe Flood plain Corridor shall be kepI 10 a minimum. Fill
and olher malerial imported from off lhe 101 that could displace floodwaler
shall be Iimiled 10 the following:
a. Poured concrele and olher malerials necessary to build permitted structures on
the lot.
b. Aggregate base and paving malerials, and fill associated with approved public
and private slreel and driveway conslruclion.
c. Planls and olher landscaping and agricultural material.
d. A lolal of 50 cubic yards of olher imported fill malerial.
e. The above limils on fill shall be measured from April 1989, and shall not
exceed lhe above amounls. These amounls are the maximum cumulalive fill
lhal can be imported onlo the sile, regardless of lhe number of permils issued.
4. If addilional fill is necessary beyond the permitted amounls in (3) above, lhen fill
malerials musl be obtained on the lot from cutting or excavation only 10 lhe exlenl
necessary 10 creale an elevaled sile for permitted development. All addilional fill
malerial shall be obtained from lhe portion of the lot in lhe Flood plain Corridor.
5. Adequale drainage shall be provided for lhe slability oflhe fill.
6. Fill to raise elevations for a building sile shall be located as close 10 the outside
edge of the Flood plain Corridor as feasible.
SECTION 5. Severability. The seclions, subseclions, paragraphs and clauses oflhis ordinance
are severable. The invalidity of one seclion, subseclion, paragraph, or clause shall nol affect lhe
validily of lhe remaining seclions, subsections, paragraphs and clauses.
SECTION 6. Savings. Nolwilhslanding this amendment/repeal, the Cily ordinances in
exislence at lhe lime any criminal or civil enforcemenl aclions were commenced, shall remain
valid and in full force and effecl for purposes of all cases filed or commenced during the limes
said ordinance(s) or portions thereof were operalive. This seclion simply clarifies the existing
siluation lhal nolhing in lhis Ordinance affecls the validily of prose cuI ions commenced and
continued under the laws in effect allhe time the mallers were originally filed.
SECTION 7. Codification. Provisions of this Ordinance shall be incorporated in the Cily Code
and lhe word "ordinance" may be changed 10 "code", "article", "seclion", "chapter" or another
word, and the sections of lhis Ordinance may be renumbered, or re-Iettered, provided however
lhal any Whereas clauses and boilerplate provisions (i.e. Sections 1, 5, 6, and 7) need not be
codified and lhe Cily Recorder is aulhorized 10 correcl any cross-references and any
typographical errors.
Page 6 of7
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the _ day of ,2011,
and duly PASSED and ADOPTED this _ day of ,20] 1.
Barbara M. Christensen, City Recorder
SlGNED and APPROVED this _ day of
,2011.
John Stromberg, Mayor
Reviewed as to form:
Megan Thornton, Interim City Attorney
"
Page 7 of7
ORDINANCE NO.
AN ORDINANCE AMENDING THE CITY OF ASHLAND FLOOD
DAMAGE PREVENTION REGULATIONS (CHAPTER 15.10), ADOPTING
BY REFERENCE REVISED THE FLOOD INSURANCE STUDY FOR
JACKSON COUNTY OREGON AND INCORPORATED AREAS, AND
ACCOMPANING FLOOD INSURANCE RATE MAPS.
Annotated to show aeletions and additions to the code sections being modified, Deletions are
bold lined through 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 ?Ill powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession;
WHEREAS, the above referenced grant of power has been interpreted as affording all
,
legislative powers home rule constitutional provisions reserved to Oregon Cities. Citv of
Beaverton v. International Ass'n of Firefighters, Local ]660. Beaverton Shop, 20 Or. App. 293,
53] P 2d 730, 734 (1975);
WHEREAS, the Federal Emergency Management Agency (FEMA) published a preliminary
Flood Insurance Study (FIS), and Flood Insurance Rate Maps (FIRMS) on June 30, 2009, and
both, after public input and revision, are completed and will be effective on May 3, 2011 for
Jackson County, Oregon and the incorporated areas;
WHEREAS, the City of Ashland is a participant in the National Flood Insurance Program, and
each participating community is responsible for planning, adoption and enforcement of .
regulations to accomplish proper floodplain management;
WHEREAS, notice of the proposed Ordinance Amendment was sent to the Department of Land
Conservation and Deve]opment (DLCD) on May ]4,2010 as required by State law;
WHEREAS, public notice was mailed on May 7, 2010 consistent with Oregon state law. (ORS
227.] 86) directly to property owners whose property is currently located in the floodplain, and
those whose properties will be in the floodplain when the new floodplain maps become effective;
WHEREAS, the City Council of the City of Ashland conducted a duly advertised public hearing
on the above-referenced amendments on March I, 201 ];
Page] of 13
WHEREAS, the City Council of the City of Ashland, following the close of the public hearing
and record, deliberated and conducted first and second readings approving adoption of the
Ordinance in accordance with Article 10 of the Ashland City Charter;
WHEREAS, the City Council of the City of Ashland has determined that in order to protect and
benefit the health, safety and welfare of existing and future residents of the City, it is necessary
to amend the Ashland Municipal Code Flood Damage and Prevention regulations and Physical
and Environmental Land Use Ordinance in the manner proposed; and
WHEREAS, the City Council of the City of Ashland has determined that an adequate factual
base exists for the amendments, the amendments are consistent with the comprehensive plan and
that such amendments are fully supported by the record of this proceeding.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The above recitations are true and correct and are incorporated herein by this
reference.
SECTION 2, Those documents entitled "Flood Insurance Study (FIS) for Jackson County,
Oregon and Incorporated Areas" effective May 3, 20]], with accompanying Flood Insurance
Rate Maps (FIRMS) are hereby adopted as the basis for establishing the special flood hazard
areas for floodplain management in the City of Ash]and.
The special flood hazard areas documented in the F]S and the FIRMS are the minimum area of
applicability of the floodplain management regulations and may be supplemented by studies for
other areas as allowed in the regulations.
SECTION 3. Section 15.10.040 [Methods of Reducing Flood Losses] through] 5.10.090
[Variances and Appeals] are hereby amended to read as follows:
15.10,040 Methods of Reducing Flood Losses.
In order to accomplish its purpose, this section includes methods and provisions for:
A. Restricting or prohibiting uses which are dangerous to health, safety and property
due to water or erosion hazards, or which result in damaging increases in erosion
or in flood heights or velocities;
B. Requiring that uses vulnerab]e to floods, including facilities which serve such
uses, be protected against flood damage at the time of initial construction;
C. Controlling the alteration of natural flood plains, stream channels, and natural
protective barriers, which help accommodate or channel flood waters;
D. Controlling filling, grading, dredging, and other development which may increase
flood damage; and
E. Preventing or regulating the construction of flood barriers which will unnaturally
divert flood waters or which may increase flood hazards outside of identified
flood hazard areas.
F. Coordinatinl! and supplementinl! the provisions of the state buildinl! code
with local land use and development ordinances.
Page 2 of 13
15.10.050 Definitions.
Unless specifically defined below or elsewhere in this Code, words or phrases used in
this Chapter shall be interpreted as to give them the meaning they have in common usage
and to give this Chapter it's most reasonable application.
A. Appeal means a request for a review of the Building Official's interpretation of
any provision of this Section or a request for a variance.
B, Area of Shallow Flooding means a designated AO or AH zone on the Flood
Insurance Rate Map. The base flood depths range from one (1) to three (3) feet;
clearly defined channel does not exist; the path of flooding is unpredictable and
indeterminate; and, velocity flow may be evident. AO is characterized as sheet
flow and AH indicates ponding.
C. Area of Special Flood Hazard means the land in the flood plain within a
community subject to a one percent (1%) or greater chance of flooding in any
given year. Designation on maps always includes the letters A or V.
D, Base Flood means the flood having a one percent (I %) chance of being equaled or
exceeded in any given year. Also referred to as the "100-year flood".
Designation on flood maps always includes the letters A or V.
E. Basement. for the purposes of this chapter, means the portion of a structure
with its floor sub-l!rade (below l!round level) on all sides. or the definition
provided in Section 18.08.078 of the Ashland Municipal Land Use code.
whichever is more restrictive.
F. Below-Grade Crawl Space means an enclosed area below the base flood
elevation in which the interior l!rade is not more than two feet below the
lowest adiacent exterior l!rade and the heil!ht, measured from the interior
l!rade of the crawlspace to the top ofthe crawlspace foundation, does not
exceed 4 feet at any point.
G. Buildinl! Code means the combined specialty codes adopted under ORS
446.062.446.185,447.020 (2), 455.020 (2). 455.610. 455.680. 460.085. 460.360.
479.730 (1) or 480.545. but not include rel!ulations adopted bv the State Fire
Marshal pursuant to ORS chapter 476 or ORS 479.015 to 479.200 and
479.210 to 479.220.
H. Critical Facility means a facility for which even a slil!ht chance of floodinl!
mil!ht be too l!reat. Critical facilities include but are not limited to schools.
nursinl! homes. hospitals. police, fire and emerl!encv response installations.
installations which produce. use. or store hazardous materials or hazardous
waste.
EE. Development means any man-made change to improved or unimproved real
estate, including but not limited to, buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations located within
the area of special flood hazard.
GF. Flood or Flooding means a general and temporary condition of partial or
complete inundation of normally dry land areas from:
1. The overflow of inland or tidal waters; and/or
2. The unusual and rapid accumulation of runoff of surface waters from any
source.
Page 3 of 13
H b.Flood Insurance Rate Map (FIRM) means the official map of a community 611
which the issued bv the Federal Insurance Administration has delineated both
delineatinl!. the areas of special flood hazards and/or the risk premium zones
applicable to the community.
LII. Flood Insurance Study means the official report provided by the Federal
Insurance Administration that includes flood profiles, the Flood Boundary -
Flood way Map, and the water surface elevation of the base flood.
,LI. Flood-way means that channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than one (I) foot.
J. Habitable Floor means any Roor usable fer living purposes, whieh ineludes
','lorldng, sleeping, eating, eooldng or reereation, or a eombination thereof. f.
Roor used only for storage purposes is not a "habitable" Roor.
K. Lowest Floor means the lowest floor of the lowest enclosed area (including
basement). An unfinished or flood resistant enclosure, usable solely for parking
of vehicles, building access or storage, in an area other than a basement area is not
considered a building's lowest floor, provided that such enclosure is not built so as
to render the structure in violation of the applicable non-elevation design
requirements of this ordinance found in Section 15.1O.080(B)(1)(b).
L. Manufactured Home means a structure, transportable in one (I) or more sections,
which is built on a permanent chassis and is designed for use with or without a
permanent foundation when connected to the required utilities. For flood plain
management purposes the term "manufactured home" also includes park trailers,
travel trailers, and other similar vehicles placed on a site for greater than one
hundred eighty (180) consecutive days. For insurance purposes the term
"manufactured home" does not include park trailers, travel trailers, and other
similar vehicles.
M. Manufactured Home Park or Subdivision means a parcel (or contiguous parcels)
of land divided into two (2) or more manufactured home lots for rent or sale.
N. New Construction means structures for which the "start of construction"
commenced on or after the effective date of this Ordinance and includes new
mobile home parks and mobile home subdivisions.
O. Recreational Vehicle, as it pertains to the provisions of this chapter, means a
vehicle which is:
a. Built on a sinl!le chassis:
b. 400 square feet or less when measured at the larl!.est horizontal
proiection:
c. Desil!ned to be self-propelled or permanentlv towable bv a lil!ht
duty truck: and
d. Desil!ned primarilv not for use as a permanent dwellinl! but as
temporary livinl! Quarters for recreational. campinl!, travel, or
seasonal use.
P.Go Start of Construction includes substantial improvement, and means the
date the building permit was issued, provided the actual start of construction,
repair, reconstruction, placement or other improvement was within one hundred
eighty (180) days of the permit date. The actual start means either the first
Page 4 of 13
placement of permanent construction of a structure on a site, such as the pouring
of a slab or footings, the installation of piles, the construction of columns, or any
work beyond the stage of excavation; or the placement of a manufactured home
on a foundation. Permanent construction does not include land preparation, such
as clearing, grading and filling; nor does it include the installation of streets
and/or walkways; nor does it include excavation for a permanent basement,
. footings, piers, or foundations or the erection of temporary forms; nor does it
include the installation on the property of accessory erection or temporary forms;
nor does it include the installation on the property of accessory buildings, such as
garages or sheds not occupied as dwelling units or not part of the main structure.
Q"FoStructures as it pertains to the provisions of this Chapter is a walled and roofed
building, including a gas or liquid storage tank that is principally above ground.
R.XX. Substantial Damal!e means damal!.e of anv oril!.in sustained bv a structure
whereby the cost of restorinl!. the structure to its before damal!ed condition
would equal or exceed 50 percent of the market value of the structure before
the damal!.e occurred.
S.Q.Substantiallmprovement means any repair, reconstruction, or improvement of a
structure, the cost of which equals or exceeds fifty percent (50%) of the market
value of the structure either:
1. Before the improvement or repair is started; or
2. If the structure has been damaged and is being restored, before the damage
\ occurred. For the purpose of this definition, "substantial improvement" is
considered to occur when the first alteration of any wall, ceiling, floor, or
other structural part of the building commences, whether or not that alteration
affects the external dimensions of the structure. The term DOES NOT,
however, include either:
a. Any project for improvement of a structure to comply with existing state
or local health, sanitary, or safety code specifications which are solely
necessary to assure safe living conditions, or
b. Any alteration of a structure listed on the National Register of Historic
Places or a State Inventory of Historic Places.
T.R Variance means a grant of relief from the requirements of this Chapter
which permits construction in a manner that would otherwise be prohibited by this
Chapter.
15.10.060 General Provisions.
A. Lands to which this Chapter applies, This Chapter shall apply to all areas of special
flood hazards within the jurisdiction of the City of Ashland, Oregon.
B. Basis for establishing the areas of special flood hazard. The areas of special flood
hazard identified by the Federal Insurance Administration in a scientific and
engineering report entitled "The Flood Insurance Study, Cit)' of Ashland, Oregon,
for Jackson County, Orel!on and Incorporated Areas", dated June 1, 1981, Mav
3'd, 2011. with accompanying Flood Insurance Rate Maps is hereby adopted by
reference and declared to be a part of this Ordinance. The Flood Insurance Study and
accompanying maps (as updated) are on file at City Hall, Ashland, Oregon.
Page 5 of 13
C. Compliance. No structure on land shall hereafter be constructed, located, extended,
converted, or altered without full compliance with the terms of this Ordinance and
other applicable regulations.
D. Abrogation and Greater Restrictions. This Chapter is not intended to repeal,
abrogate, or impair any existing easements, covenants, or deed restrictions. However,
where this Ordinance and another Ordinance, state buildinl! code, easement, '
covenant, or deed restriction conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
E. Interpretation. In the interpretation and application of this Chapter, all provisions
shall be:
1, Considered as minimum requirements;
2. Liberally construed in favor of the governing body; and
3. Deemed neither to limit or repeal any other powers granted under state statutes
and rules includinl!. the state buildinl! code.
F. Warning and Disclaimer of Liability. The degree of flood protection required by this
Chapter is considered reasonable for regulatory purposes and is based on scientific
and engineering consideration. Larger floods can and will occur on rare occasions.
Flood heights may be increased by man-made or natural causes. This section does
not imply that land outside the areas of special flood hazards or uses permitted within
such areas will be free from flooding or flood damages. This Ordinance shall not
create liability on the part of the City, any officer or employee thereof, or the Federal
Insurance Administration, for any flood damages that result from reliance on this
Ordinance or any administrative decision lawfully made thereunder.
15.10.070 Administration.
A. Establishment of Development Permit. A development permit shall be obtained
before construction or development begins within any area of special flood hazard
established in Section 15.1 0.060(B). The permit shall be for all structures including
manufactured homes, as set forth in the Definitions, and for all other development
including fill and other activities, also set forth in Definitions.
Application for a development permit shall be made on forms furnished by the
Building Official and may include, but not be limited to, plans in duplicate drawn to
scale showing the nature, location, dimensions and elevations of the area in question;
existing or proposed structures, fill, storage of materials, drainage facilities; and the
location of the foregoing. Specifically, the following information is required:
1. Elevation in relation to mean sea level, of the lowest floor (including basement) of
all structures;
2. Elevation in relation to mean sea level to which any structure has been flood-
proofed;
3. Certification by a registered professional engineer or architect that the flood-
proofing methods for any nonresidential structure meet the flood-proofing criteria
in Section 15,1 0.090(B)(2);
4. Description of the extent to which any watercourse will be altered or relocated as
a result of proposed development.
Page 6 of 13
B. Designation of the Building Official. The Building Official is hereby appointed to
administer and implement this Chapter by granting or denying development permit
applications in accordance with its provisions.
C. .Duties and Responsibilities of the Building Official. Duties and responsibilities of
the Building Official shall include, but not be limited to:
1. Permit Review:
a. Review all development permits to determine that the permit requirements of
this Section have been satisfied.
b. Review all development permits to determine that all necessary permits have
been obtained from those federal, state or local governmental agencies from
which prior approval is required.
c. Review all development permits to determine if the proposed development is
located in the flood way. Iflocated in the flood way, assure that the
encroachment provisions of Section 15.10.080)C)(I) are met.
2. Use of Other Base Flood Data. When base flood elevation data has not been
provided in accordance with Section 15.1 0.060(B), "Basis for Establishing the
Areas of Special Flood Hazard", the Building Official shall obtain, review, and
reasonably utilize any base flood elevation and flood-way data available from a
federal, state or other source, in order to administer Sections 15.1 0.080(B)( 1)
"Specific Standards: Residential Construction", 15.10.080 (B)(2) "Specific
Standards: Nonresidential Construction, and 15.1 0.080(C) "Flood-ways".
3. Information to be Obtained and Maintained.
a. Where base flood elevation data is provided through the Flood Insurance
Study or required as in Section 15.1 0.070(C)(2), obtain and record the actual
elevation (in relation to mean sea level) of the lowest habitable floor
(including basement and below grade crawlspaces) of all new or substantially
improved structures, and whether or not the structure contains a basement.
b. For all new or substantially improved flood-proofed structures:
i. Verify and record the actual elevation (in relation to mean sea level); and
ii. Maintain the flood proofing certifications required in Section
15.10.070(A)(3).
c. Maintain for public inspection all records pertaining to the provisions of this
Section.
4. Alteration of Watercourses.
a. Notify adjacent communities and the Water Resourees Commission
Department of Land Conservation and Development and other
appropriate state and federal al!encies prior to any alteration or relocation
of a watercourse, and submit evidence of such notification to the Federal
Insurance Administration.
b. Require that maintenance is provided within the altered or relocated portion of
said watercourse so that the flood carrying capacity is not diminished.
5. Interpretation of FIRM Boundaries. Make interpretations where needed, as to
exact location of the boundaries of the areas of special flood hazards (for
example, where there appears to be a conflict between a mapped boundary and
actual field conditions). The person contesting the location of the boundary shall
Page 7 of 13
be given a reasonable opportunity to appeal the interpretation as provided in
Section 15,10.090.
15.10.080 Provisions for Flood Hazard Protection.
A. General Standards. In all areas of flood hazards the following standards are required:
1. Anchoring:
a. All new construction and substantial improvements shall be anchored to
prevent flotation, collapse or lateral movement of the structure;
b. All manufactured homes must likewise be anchored to prevent flotation,
collapse, or lateral movement, and shall be installed using methods and
practices that minimize flood damage. Anchoring methods may include, but
are not limited to, use of over-the-top or frame ties to ground anchors
(Reference FEMA's "Manufactured Home Installation in Flood Hazard Areas"
guidebook.
2: Construction Materials and Methods:
a. All new construction and substantial improvements shall be constructed with
materials and utility equipment resistant to flood damage.
b. All new construction and substantial improvements shall be constructed using
methods and practices that minimize flood damage.
c, Electrical, heating, ventilation, plumbing, and air-conditioning equipment and
other service facilities shall be designed and/or otherwise elevated or located
so as to prevent water from entering or accumulating within the components
during conditions of flooding.
3, Utilities:
a. All new and replacement water supply systems shall be designed to minimize
or eliminate infiltration of flood waters into the system;
b, New and replacement sanitary sewage systems shall be designed to minimize
or eliminate infiltration of flood waters into the systems and discharge from
the systems into flood waters; and
c. On-site waste disposal systems shall be located to avoid impairment to them
or contamination fer the during flooding.
4. Subdivision Proposals.
a. All subdivision proposals shall be consistent with the need to minimize flood
damage;
b. All subdivision proposals shall have public utilities and facilities such as
sewer, gas, electrical, and water systems located and constructed to minimize
flood damage;
c. All subdivision proposals shall have adequate drainage provided to reduce
exposure to flood damage; and
d, Where base flood elevation data has not been provided or is not available
from another authoritative source it shall be generated for subdivision
proposals and other proposed development which contain at least fifty (50)
lots or five (5) acres, whichever is less.
5. Review of Building Permit:
a. Where elevation data is not available, either through the Flood Insurance
Study or from another authoritative source (Section 15,1 0.070(C))
applications for building permits shall be reviewed to assure that proposed
Page 8 of 13
construction will be reasonably safe from flooding. The test of reasonableness
is a local judgment and includes use of historical data, high water marks,
photographs of past flooding, etc., where available. Failure to elevate the
lowest floor at least two (2) feet above grade in these zones may result in
higher insurance rates.
b. To determine the flood base elevation, the applicant's Oregon registered
engineer or land surveyor shall investigate all available sources of
information, such as historic flooding profiles, high water marks, photographs
of past flooding, soil characteristics, or any other feasible methods. A report
shall be submitted to the City by the applicant, setting forth said elevation and
citing the evidence upon which the estimate is made. Said report may be
accepted or rejected by the City. The Oregon registered engineer or surveyor
shall place a permanent elevation marker on the property.
B. Specific Standards. In all areas of special flood hazards where base flood elevation
data has been provided as set forth in Section 15.1 0.060(B), "Basis for Establishing
the Areas of Special Flood Hazard", or Section 15.1 0.070(C)(2), "Use of Other Base
Flood Data, the following provisions are required:
1. Residential Construction:
a. New construction and substantial improvement of any residential structure
shall have the lowest floor, including basement, elevated to at least two (2)
feet or above base flood elevation. Prior to the issuance of a certificate of
occupancy by the City, the property owner shall furnish certification by a
registered engineer or surveyor of the actual elevation ofthe lowest habitable
floor, including a basement.
b, Fully enclosed areas below the lowest floor that are subject to flooding are
prohibited, or shall be designed to automatically equalize hydrostatic flood
sources on exterior walls by allowing for entry and exit of flood-waters.
Designs for meeting this requirement must either be certified by a registered
professional engineer or architect or must meet or exceed the following
minimum criteria:
1. . A minimum of two openings having a total net area of not less than
one (1) square inch for every square foot of enclosed area subject to
flooding.
11. The bottom of all openings shall be no higher than one (1) foot above
grade.
iii. Openings may be equipped with screens, louvers, or other coverings or
devices provided that they permit the automatic entry and exit of
flood-waters.
2. Nonresidential Construction: New construction and substantial improvement of
any commercial, industrial or other nonresidential structure shall either have the
lowest floor, including basement, elevated to the level of the base flood elevation;
or together with attendant utility and sanitary facilities; shall:
a. Be flood-proofed so that below the base flood level the structure is
watertight with walls substantially impermeable to the passage of water;
Page 9 of 13
b. Have structural components capable of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy; and
c. Be certified by an Oregon registered professional engineer or architect that
the designs and methods of construction are in accordance with accepted
standards of practice for meeting the provisions of this subsection based
on their development review of the structural design, specifications and
plans. Such certifications shall be provided to the official as set forth in
Section
15.1O.070(C)(3)(b).
d. Nonresidential structures that are elevated, not flood-proofed, must meet
the same standards for space below the lowest floor as described in
15.1 0.080(B)(1 )(b).
e, Applicants flood-proofing nonresidential buildings shall be notified that
flood insurance premiums will be based on rates that are one (1) foot
below the flood proofed level (e.g., a building constructed to the base
flood level will be rated as one (I) foot below that level).
3. Manufactured Homes: All manufactured homes to be placed or substantially
improved within Zones AI -30, AH, and AE shall be elevated on a permanent
foundation such that the lowest floor of the manufactured home is at least two (2)
feet above the base flood elevation and be securely anchored to an adequately
anchored foundation system in accordance with the provisions of Section
15,1O.080(A)(l ).
4. Recreational vehicles placed on sites are required to either:
a. Be on the site for fewer than 180 consecutive days,
b. Be fullv licensed and ready for hil!hwav use, on its wheels or iackinl!
system, is attached to the site on Iv bv Quick disconnect type utilities and
security devices, and has no permanentlv attached additions: or
c. Meet the requirements of Section 15.10.80 the elevation and anchorinl!
requirements for manufactured homes.
5. Critical Facility: Construction of new critical facilities shall be, to the extent
possible. located outside the limits of the Special Flood Hazard Area (SFUA)
(tOO-vear floodplain). Construction of new critical facilities shall be
permissible within the SFHA if no feasible alternative site is available.
Critical facilities constructed within the SFUA shall have the lowest floor
elevated three feet above BFE or to the heil!.ht of the 500-vear flood,
whichever is hil!her. Access to and from the critical facility should also be
protected to the heil!ht utilized above. Floodproofinl!. and sealinl! measures
must be taken to ensure that toxic substances will not be displaced bv or
released into floodwaters. Access routes elevated to or above the level of the
base flood elevation shall be provided to all critical facilities to the extent
possible.
6. Be1ow-l!rade Crawl Spaces: Below-l!rade crawl spaces area allowed provided
they conform to the l!uidelines in FEMA Technical Bulletin 11-01,
Crawlspace Construction for BuiIdinl!s Located in Special Flood Hazard
Areas.
Page 10 of 13
C. Flood-ways: Located within areas of special flood hazard established in Section
15. I 0.060(B) are areas designated as flood-ways. Since the flood-way is an
extremely hazardous area due to the velocity of flood waters which carry debris,
potential projectiles, and erosion potential, the following provisions apply:
1. Prohibit encroachments, including fill, new construction, substantial
improvements, and other development unless certification by a registered
professional engineer or architect is provided demonstrating that encroachments
shall not result in any increase in flood levels during the occurrence of the base
flood discharge.
2. If Section ] 5.1O.080(C)(1) above is satisfied, all new construction, and substantial
improvements shall comply with all applicable flood hazard reduction provisions
of Section 15.10.080, "Provisions for Flood Hazard Protection".
15.10.090 Variances and Appeals.
A. Appeals shall be granted consistent with the standards of Section 1910.6 of the Rules
and Regulations of the National Flood Insurance Program (2i CFR 1909, ere. 44
CFR 60.6.).
B. The Board of Appeals established by Section 15.04.200 of this Chapter shall hear
variances and appeals from the final decisions of the Building Official.
C. In passing upon applications for appeal or variance, the Board of Appeals shall
consider all technical evaluations, all relevant factors, standards specified in other
parts of this Code; and
I. The danger that materials may be swept onto other lands to the injury or loss of
others;
2. The danger to life and property due to flooding or erosion damage;
3. The susceptibility of the proposed facility and its contents to flood damage and
the effect of such damage on the individual owner;
4. The importance of the services provided by the proposed facility to the
community;
5. The necessity to the facility of a waterfront iocation, where applicable:
5 6..The availability of alternative locations for the proposed use which are not
subject to flooding or erosion damage;
6..L.The compatibility of the proposed use with existing and anticipated
development;
+.~.The consistency of the proposed use with the policies of the Comprehensive Plan
and flood plain management program for that area;
8..2:.The safety of access to the property in times of flood for ordinary and emergency
vehicles;
9.10..The expected heights, velocity, duration, rate of rise, and sediment transport of
the flood waters and effects of channel movement, if applicable, expected at the
site; and
M!.L.The costs of providing governmental services during and after flood conditions,
including maiI:1tenance and repair of public utilities and facilities such as sewer,
gas, electrical, and water systems, and streets and bridges.
D, Upon consideration of the factors of and the purpose of the Chapter, the Board of
Appeals may attach such conditions to the granting of variances as it deems necessary
to further the purposes of this Chapter.
Page 11 of 13
E. The Building Official shall maintain the records of all appeal actions and report any
variances to the Federal lnsurance Administration upon approval.
F. Conditions for Variances:
1. Variances shall not be issued within any designated flood-way if any increase in
flood levels during the base flood discharge would result.
2. Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief,
3. Variances shall only be issued upon:
a. A showing of good and sufficient cause;
b. A determination that failure to grant the variance would result in exceptional
hardship for the applicant; and,
c. A determination that granting the variance will not result in increased flood
heights, additional threats to public safety, extraordinary public expense,
create nuisances, cause fraud on or victimization of the public, or conflict with
existing laws or Ordinances.
4. Any applicant to whom a variance is granted shall be given written notice that the
cost of flood insurance will be commensurate with any increased risk that may
result from development for which the variance is issued.
/
SECTION 4. Section 15.10,100 [Penalties] is hereby amended to read as follows:
15.10.100 Penalties
Any person, firm or corporation, whether as principal, agent, employee or otherwise,
violating or causing the violation of any of the provisions of this ordinance has
committed an infraction, and upon conviction thereof, is punishable as prescribed in
Section 1.08.020 of the Ashland Municipal Code. Such person, firm or corporation is
guilty of a separate violation for each and every day during which any violation of this
Chapter is committed or continued by such person, firm or corporation. In addition,
violation of this Ordinance shall constitute a public nuisance and may be regarded as such
in all actions, suits and proceedings. Said nuisance may be prosecuted in the courts of the
State of Oregon.
SECTION 5. Severability. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 6. 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 7. Codification, Provisions of this Ordinance shall be incorporated in the City Code
and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another
word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however
Page 12 of 13
that any Whereas clauses and boilerplate provisions (i.e. Sections 1,2, 5, 6, and 7) need not be
codified and the City Recorder is authorized to correct any cross-references and any
typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of ,201 I,
and duly PASSED and ADOPTED this day of ,2011.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2011.
John Stromberg, Mayor
Reviewed as to form:
Megan Thornton, Interim City Attorney
Page 13 of 13
ASHLAND PLANNING DIVISION
STAFF REPORT
June 8, 2010
PLANNING ACTION: #2010-00560
APPLICANT: City of Ashland
LOCATION: FEMA regulated Floodplains citywide
ORDINANCE REFERENCE:
#15.10
#18.62
Flood Damage Prevention Regulations
Physical & Environmental Constraints
REQUEST: To amend the Flood Insurance Rate Maps, to amend chapter 18.62 (Physical &
Environmental Constraints) of the Ashland Land Use Ordinance (ALUO) to provide consistency
with Chapter 15.10 (Flood Damage Prevention Regulations) of the Ashland Municipal Code and
federal regulations regarding building within the 100 year floodplain.
I. Relevant Facts
A, Background - History of Application
A Flood Insurance Study (F1S) was completed for Jackson County which evaluated flood
hazards, floodway boundaries, and water surface elevations of the base flood utilizing the
most current topographic information and current computer modeling of flood inundation
scenarios. The result of this study is the creation of the new Digital FIRM which is to
become the official map issued by the. Flood Insurance Administration delineating the
areas of special flood hazard.
Ashland's Land Use Ordinance and Building Code both contain requirements for
construction within the 100 year floodplain and specifically reference the FIRM and FIS.
The State of Oregon has reviewed Ashland's local Ordinance and has recommended a
number of key definitions and code amendments for consistency with the Oregon Model
Flood Damage Prevention Ordinance.
The Federal Emergency Management Agency (FEMA) is preparing to issue a letter of
Final Determination to Jackson County and the City of AsWand stating that the new
Flood Insurance Rate Map (FIRM) will become effective 6 months from the date of this
letter. Prior to the effective date Of the new FIRM the City shall have completed its local
adoption process including necessary code amendments.
The City has previously held a Public Forum.on April 14th, 2010 to assist residents with
properties in or adjacent to regulated floodplains in understanding how the proposed
FIRM changes may affect their property and associated insurance implications. The
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Planning Commission reviewed preliminary FIRM maps at a study session on April 27'h,
2010.
8, Detailed Description of the Site and Proposal
Staff has been coordinating with FEMA and the Department of Land Conservation and
Development since early 2009 regarding the FIRM updates. The following modifications
were made for the FIRM update in Ashland
. Update of the "Flood Insurance Study for Jackson County and Incorporated
Areas" containing the scientific and engineering data and analysis for
establishing the flood zones. As the new FIS benefited from more accurate
topographic information and computer flood modeling presently available, the
delineated Special Flood Hazard areas including the 100 and 500 year
floodplains have been modified for the FEMA regulated creeks within
Ashland's City Limits including Ashland Creek, Bear Creek, Kitchen Creek,
Neil Creek, Tolman Creek, Cemetery Creek, Clay Creek, and Hamilton Creek.
. Update of the Vertical datum (or reference point) from National Geodetic
Vertical Datum of 1929 (NVGVD29) to the more current North American
Vertical Datum of 1988. This has the effect of changing the flood elevations
shown on the map.
. Convert paper maps io digital format. The previous paper FIRM maps were
created and published in 1981 and were subject to interpretation by lenders
and insurance agents due to their lager scale. Due to its digital, computerized
format, the new digital FIRMs will provide a more accurate determination of a
properties true flood zone status.
. Land Use Ordinance amendments to Chapter 18.62 (Physical &
Environmental Constraints) to add or amend various definitions relating to
flood hazards (18.62.030); revise references to the FIS and FIRM (18.62.050);
amend the code to update the Development Standards for Floodplain Corridor
Lands to correct the reference to the regulating Building Code (Oregon
Structural Specialty Code and Oregon Residential Specialty Code)
(18.62.070).
. Building Code amendments to Chapter 15.10 Flood Damage Prevention
Regulations to incorporate definitions and standards as recommended for
consistency with the Oregon Model Flood Damage Prevention Ordinance.
II. Proiect Impact
A, Regulated Area
The City of Ashland Physical and Environmental Constraints ordinance classifies
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flood plain conidor lands as including:
o land within the FEMA 100 year Floodplain
o .Iand within the area defined as Floodplain Conidor land in maps adopted by the
Council
o All lands which have physical or historical evidence of flooding in the historical
past.
o All areas within 20 feet (horizontal distance) of any stream identified as a
Riparian Preservation Creek on the Physical and Environmental Constraints
Floodplain Corridor Lands maps
o All areas within ten feet (horizontal distance) of any stream identified as a Land
Drainage Corridor on the Physical and Environmental Constraints Floodplain
Conidor Lands maps
Of these five distinct areas the proposed map changes to adopt the new Digital
FIRMS only relate to the delineation of the 100 year Floodplain. The other areas
which remain regulated are not modified by this planning action.. .
The FEMA regulated floodplains include areas along Ashland Creek, Bear Creek,
Kitchen Creek, Neil Creek, Tolman Creek, Cemetery Creek, Clay Creek, and
Hamilton Creek. Neighborhoods across Ashland will be affected differently by these
map changes. Following the map change there will be some properties that have been
mapped into a higher-risk area, some mapped into a lower-risk area, and some that are
not affected. Altogether, more than 500 properties within the City Limits will show
some change.
Detailed comparison maps showing the areas where the FEMA 100 and 500 year
floodplain have been remapped to expand or contract are available for viewing or
download at:
www.ashland.or.us/femau Ildate
8, Insurance Rates
The City of Ashland is a jurisdiction that exceeds the National Flood Insurance
Programs (NF1P) minimum requirements for implementing protections in special
flood hazard areas. Due to these efforts the City is ranked highly in the NFIP
Community rating system which entitles residents to purchase NFIP insurance and
receive a 15% reduction in flood insurance rates. Adoption of the model code
language into the Municipal Code furthers Ashland's efforts to address structural and
non-structural developments regulated by the NFlP and maintain Ashland's status as a
participating jurisdiction.
The adjustments to the 100 and 500 year floodplain may impact flood insurance rates
for individual properties within the special flood hazard areas. In cases where the land
area delineated as within a flood zone is reduced as a result of the FIRM changes
insurance costs could decrease. In cases where the flood zone area is increased on a
property, or moved into a higher risk classification, they could see an increase in
insurance premiums. In the event an increase in insurance rates is anticipated due to
adjustments in the flood zone location or area property owners are well advised to
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work with their insurer and the NFIP to determine if they can "grandfather" in their
existing rates.
The NFIP will honor a Grandfather rule for buildings constructed after the first /lood
map for the conununity became effective if:
o the building was built in compliance with the flood map in effect at the
time of construction; and
o if the building has not been substantially damaged or altered.
Under this Grandfather rule, the property owner must provide proper documentation
to the insurance company. Locking in the current rate schedule is possible only prior
to the effective date of the map change.
C. Planning Commission Deliberations
The Planning Commission makes a recommendation on the Map amendments and
Land Use Ordinance Changes to the City Council and the City Council makes the
final decision. The Planning Commission does not provide review and comment
regarding the proposed amendments to the Building Code (Chapter 15.10) however,
this chapter is provided in the Conunission packet materials as the Land Use Code
amendments incorporates it by reference.
III. Procedural - Reauired Burden of Proof
18,108,060 Standards for Type III Planning Actions:
1. Zone changes. zoning map amendments and comprehensive plan map changes subject to the Type III
procedure as described in subsection A of this section may be approved if in compliance with the
comprehensive plan and the application demonstrates that one or more of the following:
a. The change implements a public need, other than the provision of affordable housing. supported by
the Comprehensive Plan; or
b. A substantial change in circumstances has occurred since the existing zoning or Plan designation was
proposed, necessitating the need to adjust to the changed circumstances; or
c. Circumstances relating to the general public we'lfare exist that require such an action; or
d. Proposed increases in residential zoning density resulting from a change from one zoning district to
another zoning district, will provide 25% of the proposed base density as affordable housing consistent
with the approval standards set forth in 18.106.030(G);or
e. Increases in residential zoning density of four units or greater on commercial, employment or industrial
zoned lands (i.e. Residential Overlay), will not negatively impact the City of Ashland's commercial and
industrial land supply as required in the Comprehensive Plan, and will provide 25% of the proposed
base density as affordable housing consistent with the approval standards set forth in 18.106.030(G).
The total number of affordable units described in sections D or E shall be detennined by rounding
down fractional answers to the nearest whole unit A deed restriction, or similar legal instrument, shall
be used to guarantee compliance with affordable criteria for a period of not less than 60 years.
Sections D and E do not apply to council initiated actions.
18,108,170 Legislative Amendments
A. It may be necessary from time to time to amend the text of the Land Use Ordinance or make other
legislative amendments in order to confonn with the comprehensive plan or to meet other changes
in circumstances and conditions. A legislative amendment is a legislative act solely within the
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authority of the Council.
B. A legislative amendment may be initiated by the Council, by the Commission. or by application of a
property owner or resident of the City. The Commission shail conduct a public hearing on the
proposed amendment at its earliest practicable meeting after it is submitted, and within thirty days
after the hearing, recommend to the Council, approval, disapprovai, or modification of the proposed
amendment.
C. An application for amendment by a property owner or resident shail be filed with the Planning
Department thirty days prior to the Commission meeting at which the proposal is to be first
considered. The application shail be accompanied by the required fee.
D. Before taking final action on a proposed amendment, the Commission shail hold a public hearing.
After receipt of the report on the amendment from the Commission, the Council shail hold a public
hearing on the amendment. Notice of time and place of the public hearings and a brief description of
the proposed amendment shail be given notice in a newspaper of general circulation in the City not
less than ten days prior to the date of hearing.
E. No application of a property owner or resident for a legislative amendment shall be considered by
the Commission within the twelve month period immediately foilowing a previous denial of such
request, except the Commission may permit a new application if, in the opinion of the Commission,
new evidence or a change of circumstances warrant it.
IV. Conclusions and Recommendations
Staff supports the adoption of the proposed Digital FIRM and supporting code
amendments. Should the revised Flood Insurance Rate Maps amendments not be adopted,
the City would not conform to federal regulations regarding development within the flood
hazard areas.
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CITY OF
ASHLAND
ASHLAND PLANNING COMMISSION
REGULAR MEETING
MINUTES
June 8, 2010
EXCERPTED SECTION PERTAINING TO FEMA FIS FIRM UPDATES.
TYPE III PUBLIC HEARINGS
A. PLANNING ACTION: #2010-00560
SUBJECT PROPERTY: FEMA Regulated Floodplains Citywide
APPLICANT: City of Ashland
DESCRIPTION: A request to amend the Flood Insurance Rate Maps and Chapter 18,62 (Physical &
Environmental Constraints) of the Ashland land Use Ordinance to provide consistency with Chapter
15.10 (Flood Damage Prevention Regulations) of the Ashland Municipal Code and federal regulations
regarding building within the 100 year floodplain.
Commissioner Marsh read aloud the public hearing procedures for land use hearings.
Staff Report e
Senior Planner Brandon Goldman and Assistant Planner Amy Gunter provided a presentation on the FEMA
Floodplain map modemization. Mr Goldman explained FEMA has created new maps for the entire country and the
application before the Commission is to adopt these maps and the associated land use code amendments. He noted
this item recently came before the Commission at a Study Session and he briefly reviewed the public outreach
activities staff has conducted to get this infonllation out to citizens.
Ms. Gunter reviewed how the current FEMA maps and proposed updated maps were created, and how these maps
impact the City. She stated the current flood insurance rate maps were adopted in 1981 and were created using
largely aerial photography and data from 1929. She explained when Ashland adopted these maps the City became
part of the National Flood Insurance Program, and because the City has done more to protect our floodplains than
what is required by FEMA, the citizens of Ashland receive a 15% reduction on flood insurance rates. Ms. Gunter
explained data from 1988 was used to create the new digital maps and the new maps also incorporate computer
modeling. She stated this project was started a number of years ago. but is just now coming to Jackson County. and
stated the new maps will be easier for ciuzens to access because they will be in digital fOl1T1at instead of just paper
copies.
Ms. Gunter provided infol1T1ation on the map amendment process and explained how citizens can go through a
process through FEMA to have the maps amended. She noted since 1994. nine property owners have received
amendments to the FEMA maps and clarified these amendments are still valid.
Ms. Gunter stated these map modifications will mostly affect insurance, which is why public outreach has been so
important. She stated following this map adoption, property owner insurance rates will change; however, citizens
have the ability to lock in their rates up until these maps are adopted. Ms. Gunter stated the City is anticipating
September as the effective date and encouraged citizens to lock in their insurance rates before the new maps go into
effect.
Mr. Goldman explained as part of this endeavor there are a number of land use modifications to AMC 18,62. He
stated definitions will be added which will make the City's code consistent with the statewide model code. In addition,
he stated this application includes amendments to the building code and he reviewed those briefly for the
Commission.
Mr. Goldman clarified if the City chooses to not adopt these maps, we will lose our ability to participate in the National
Flood Insurance Program and citizens would likely see a significant increase to their insurance rates. He also clarified
that only property owners can request modifications to the FEMA maps; however, prior letters of map amendments
will stay in effect.
Public T estimonv
Greg Williamsl7 44 Helman StlShared his concems regarding the flooding potential for Nevada Street. He explained
when Nevada St. was washed out in the 1974 flood, the City installed a new culvert and tried to change the direction
of the stream in the middle of the crossing. Mr. Williams stated during the 1997 flood this culvert did exactly what they
were worried it would do, and it backed up and essentially made a lake. He stated he believes a study was done that
identifies this as an insufficient crossing and stated if the City were to build a crossing that is up to speed, this
floodplain would be reduced and less of his property would be included in the floodplain.
Advice from leQal Counsel & Staff
Comment was made asking what they can do to address Mr. William's concem. Community Development Director
Bill Molnar stated there is a study that talks about replacing/resizing culverts in the City. He stated he is not sure if
this project is included in the City's Capital Improvements Plan and stated he will bring this to the attention of the
Public Works Director. He added if the City were to pursue this, they could replace the culvert and amend the FEMA
maps at the same time, so the burden would not fall on the property owner. Comment was made recommending Mr.
William's letter and concems be forwarded to the City Council as part of the record.
Commissioner Marsh closed the public hearing and the record at 7:45 p.m.
Deliberations & Decision
Commissioners Dotterrer/Rinaldi m/s to recommend to the City Council the adoption of proposed digital
FIRMs and supporting code amendments, DISCUSSION: Commissioner Morris shared his concerns regarding the
inaccuracy of the maps and the costs involved with obtaining map amendments, and stated he cannot support the
adoption of the maps for these reasons. Commissioner Miller stated she shares Morris' concems. Ms. Gunter
clarified FEMA did indicate that the City could do their own flood insurance study and that they' would amend the
maps based on that information; however it would be a significant cost to the City to survey the entire community.
Roll Call Vote: Commissioners Rinaldi, Mindlin, Dotterrer, Blake and Marsh, YES, Commissioners Dawkins,
Morris and Miller, NO, Motion passed 5-3.
Staff noted this action is currently scheduled to go before the City Council on July 20, 2010. Commissioner Marsh
commented on the public outreach and encouraged staff to consider sending out an additional notice to affected
property owners that explains the insurance changes in plain language. Additional suggestions were made for staff to
consider calling local realtors and title companies to spread the word, and to hang notices on the doors of affected
properties.
u.s. 1)('IHlI'III1('1I1 or 1-I11l1lrl:u\t1 Sl'("uril.\"
Rl'1Jinn X
] JO 22Xlh Slll'l..'l, SW
1~1l1]ll'II, \Vi\ 91\021-9796
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.~ FEMA
August 10,2010
peCfl""""
" L. . '.U
AUG 1" ':jJ
The Honorable .Iohn Stromberg
City of Ashland
20 East Main Street
Ashland, Orcgon 97520
Dear Mayor Strombcrg:
In 2009, the Audubon Society or Portland, National Wildlife Federatiun, Northwest
Environmcntal Defense Center and the Association of Northwest Steel headers (cullectively,
Audubon) sued the U.S. l)cpartment of Homeland Security's Fcderal Emergency Management
Agency (FEMA) for failure to consult under the Endangcrcd Species Act (ESA) with respect to
administration of the National Flood Insurance Program (NFIP). On.luly 12,2010, FEMA
entered into an agreement with plaintiffs, settling this lawsuit. The agreement requires FEMA to
consult with thc National Marine Fisheries Service on the impacts ce11ain aspects of the NFl? are
having on ESA-listed salmon and steelhead. The agreement fUl1her provides that communities
participating in the NFl? will receive this letter notifying them of the agreement and relevant
provisions of the ESA.
Section 7 of the ESA prohibits Federal Agencies from causing jeopardy to a listed spccies or
adversely modifying its critical habitat. Certain portions of the ESA are applicable 10 everyone,
whether a fcdcral agency, state agency, local jurisdiction or individual. We all havc a
responsibility to ensurc our actions do not cause a take (harass, harm, pursue, hunt, shOOI,
wound, kill, trap, capture, collect, or attempt to engage in any such conduct) to ESA-lisled
threatened and cndangered species. Under Section 9 of Ihe ESA, actions or decisions enacted by
you and your officials are subject to this prohibition regardless of federal involvement.
Additionally, any person can be subject to criminal or civil pcnalties for causing a take.
FEMA has .initiated consultation with both the National Marine Fishcries Service and the U.S.
Fish and Wildlifc Service (Services) regarding our proposed action of implementing the National
Flood Insurancc Program similar to how it is being implementcd in ?ugel Sound of Washington
State. Beginning immediately FEMA will process Conditional Letters of Map Change
(CLOMC) caused by manmade alterations only when the requestor has dcmonstrated compliance
with the ESA. In addition, FEMA will also cnsure that floodplain modeling incorporates on-the-
ground data as is readily available to increase the accuracy of maps depicting the floodplain.
FEMA expects your community to be considering the impacts on listed species for actions
approved under your floodplain development permits as they pel1ain to your obligation under
Section 9 of the ESA.
WWW.r(.lI1l1.~U\.
Mayor Stromberg
August 10, 2010
Page 2
FEMA recognizes that many of you have already been implementing measures which
protect/mitigatc floodplain developmcnt actions affecting ESA-listed species and their habitat.
However, for others, these requirements may pose a burdcn on your community. We will work
diligently with you, the State resource agencics and the Services to alleviate this burden as much
as possible and to facilitate favorable oppOltunities for complying with the ESA.
Sincerely,
cc: Michael Faught, Local Floodplain Administrator
JG:bb
u.s. Dep.rtment or lIomrland Security
~OO C S"eel, SW
Waslilnglon, DC 20412
JAN 1 8 2011
CERTIFIED MAlL
RETURN RECEIPT REQUESTED
The Honorable John Stromberg
Mayor, City of Ashland
20 East Main Street
Ashland, Oregon 97520
Dear Mayor Stromberg:
I commend you for the efforts that have been put forth in implementing the floodplain management
measures for the City of Ashland, Oregon, to participate in the National Flood Insurance Program
(NFIP), As you implement these measures, 1 want to emphasize the following:
a Flood lnsurance Study (FIS) and Flood Insurance Rate Map (FIRM) have been
completed for your community;
the FIS and FIRM will become effective on May 3, 201 I; and
by the FIS and FIRM effective date, the Department of Homeland Security's Federal
Emergency Management Agency (FEMA) Regional Office is required to approve the
legally enforceable floodplain management measures your community adopts in
accordance with Title 44 Code of Federal Regulations Section 60.3(d).
As noted in FEMA's letter dated November 3, 2010, no significant changes have been made to the
flood hazard data on the Preliminary and/or revised Preliminary copies of the FIRM for
Jackson County, Therefore, the City of Ashland should use the Preliminary and/or revised
Preliminary copies of the FIRM as the basis for adopting the required floodplain management
measures, Final printed copies of the FIRM for the City of Ashland will be sent to you within the
next few months,
If you encounter difficulties in enacting the measures, I recommend you contact the Oregon
Department of Land Conservation and Development. You may contact Christine Shirley, CFM, the
NFIP State Coordinator, by telephone at (503) 373-0050, extension 250, in writing at
635 Capitol Street, Northeast, Suite 150, Salem, Oregon 97301-2540, or by electronic mail at
christine.shirley@state.or.us,
The FEMA Regional staff in Bothell, Washington, is also available to provide technical assistance
and guidance in the development of floodplain management measures. The adoption of compliant
floodplain management measures will provide protection for the City of Ashland and will ensure its
participation in the NFIP. The Regional Office may be contacted by telephone at (425) 487-4600 or
in writing. Please send your written inquiries to the Director, Federal Insurance and Mitigation
Division, FEMA Rcgion X, at 130 228th Street, Southwest, Bothell, Washington 98021-9796.
www.rema.gov
The Honorable John Stromberg
PJAN21 8 2011
age
You may have already contacted the NFIP State Coordinator and/or the FEMA Regional Office, and
may be in the final adoption process or recently adopted the appropriate measures, However, in the
event your community has not adopted the appropriate measures, this letter is FEMA's official
notification that you only have until May 3, 2011, to adopt and/or submit a floodplain management
ordinance that meets or exceeds the minimum NFIP requirements, and request approval from the
FEMA Regional Office by the effective date, Your community's adopted measures will be reviewed
upon receipt and the FEMA Regional Office will notifY you when the measures are approved.
I appreciate your cooperation to ensure that your community's floodplain management measures are
approved by the FEMA Regional Office by May 3, 201 I, Your compliance with these mandatory
program requirements will enable your community to avoid suspension from the NFIP.
'\
Sincerely,
~/~t1
Sandra K, Knight, PhD, PE
Deputy Federal Insurance and
Mitigation Administrator, Mitigation
cc: Kenneth Murphy, Regional Administrator, FEMA Region X
Christine Shirley, CFM, NFIP Slate Coordinator, Department of Land Conservation and Development
Amy Gunter, Floodplain Administrator/Assistant Planner, City of Ashland
MAPPING THE RISK
FLOOD MAP MODERNIZATION
1. Why is Ashland getting new flood hazard maps?
Flood hazard maps, also known as Flood Insurance Rate Maps (FiRMs), are important tools in the effort to protect
lives and properties in Ashland. They indicate the risk for flooding throughout the community; however, the current
maps are out of date. Some formerly rural areas were never mapped in detail, and other areas haven't been re-
mapped in nearly 30 years. Over time, water flow and drainage patterns have changed dramatically due to surface
erosion, land use and natural forces. The likelihood of inland and riverine flooding in certain areas has changed
along with these factors.
New digital mapping techniques will provide more detailed, reliable and current data on Ashland's flood hazards.
The result: a better picture of the areas most likely to be impacted by flooding and a better foundation from which
to make key decisions.
2, Who is responsible for modernizing the maps?
Currently, there is a nationwide collaborative effort across all levels of government to update the nation's flood
hazard data and provide it in a detailed, digital format, in accordance with a multi-year plan created by the Federal
Emergency Management Agency (FEMA). The effort evolved as a growing number of industries were impacted by
out-of-date flood data.
The City of Ashland's map modernization project is a joint effort with FEMA in cooperation with local associations
and private sector partners.
3. What is a Flood Hazard Map?
Flood hazard maps, also called "Flood Insurance Rate Maps" or "FIRMs" are used to determine the flood risk to your
home or business. The low- and moderate-risk zones are represented on the maps by the letter "X" or an "X" that is
shaded, The inland high-risk zones will be labeled with designations such as "A", "AE", "AO" or "AH", and coastal
high.risk zones that have additional risk from storm surge will be labeled "V" or "VE":
Updated February 16, 2010
PHOTO: Andrea Booher/FEMA Photo
MAPPING THE RISK
FLOOD MAP MODERNIZATION
4. What are the benefits of the new flood hazard maps?
The Map Modernization project will benefit numerous groups of people in different ways:
. Community planners and local officials will gain a greater understanding of the flood hazards and risks that
affect Ashland and can therefore improve local planning activities.
. Builders and developers will have access to more detailed information for making decisions on where to
build and how construction can affect local flood hazard areas.
. Insurance agents, insurance companies, and lending institutions will have easy on-line access to updates and
upcoming changes in order to serve their customers and community more efficiently.
. Home and business owners will have the ability to make better financial decisions about protecting their
properties.
5. What is a floodplain and how do I determine if my property is
located in this area?
A floodplain is the part of the land where water collects, pools, and flows during the course of natural events. Such
areas are classified as Special Flood Hazard Areas (SFHA), and are located in a 100-year flood zone. The term "100-
year flood" is a little confusing. It is the flood elevation that has a 1- percent chance of being equaled or exceeded
each year; it is not the flood that will occur once every 100 years, The likelihood of a flood occurring within a 100-
year stretch of time is very, very high, but there's no way to predict when the next flood will occur - or the one
after that. The redrawn maps indicate the floodplain as a "high-risk" area, officially classified as an AE, AO, or AH
zone. Low- and moderate-risk areas will be designated as X zones and shaded X zones on the new maps.
The new maps are being made available for public view and review and are also available on
the Internet. Visit www.ashland.or.us/femaupdates for more information and to see the
new maps. The website will be updated to notify residents of upcoming public meetings.
You can also request a floodplain determination based on the effective FIRM and the draft
ftood map.
6. How will the new flood hazard maps affect me?
Neighborhoods across Ashland will be affected differently by these map changes. There will be some properties that
aren't affected - their risk remains the same. Other properties will now be mapped into a higher-risk area and/or
show a new Base Flood Elevation'. Some properties will be mapped into a lower-risk area than before. Altogether,
more than 300 properties will show some change.
. Base Flood Elevation: The height of the base flood-or area of land that has a 1 percent chance of flooding in a
given year-in feet, in relation to the North American Vertical Datum of 1988.
Updated February 16, 2010
PHOTO: Andrea Booher/FEMA Photo
2
MAPPING THE RISK
FLOOD MAP MODERNIZATION
7. What will happen if I move from a low- or moderate-risk area to a
high-risk area?
Once adopted, if the maps indicate the building on your property is now at a higher risk for flooding, you will be
required to purchase a flood policy if you carry a mortgage from a federally regulated lender. If you do not have a
mortgage, it is still recommended that you purchase flood insurance. Over the life of a 3D-year loan, there is about
a 3 times greater chance of having a flood in your home than having a fire'. And most homeowners' insurance
policies do not provide coverage for damage due to flooding.
If your building is redrawn into a high-risk area, there are lower.cost options available through the National Flood
Insurance Program (NFIP) "grandfathering" rule,
8, What will happen if I move from a high-risk to a low- or moderate-
risk area?
When a building moves to a low- or moderate-risk area, there is no longer a federally mandated requirement to
purchase flood insurance. However, the risk has only been reduced, not removed. Flood insurance is still
recommended.
Upon the adoption of the new maps, you may be eligible for a lower-cost Preferred-Risk Policy (PRP). Through your
insurance agent, it is simple to submit a PRP application and insured-signed conversion form to avoid any gaps in
your flood coverage.
9. How might the new flood maps affect me financially?
When new maps are officially adopted, if your structure is mapped into a high-risk area and you have a mortgage
with a federally-regulated lender, you will need to purchase flood insurance. If your property is mapped into a low-
or moderate-risk area, you are not required to purchase or maintain insurance, but are strongly encouraged to do
so. The cost of properly protecting your home and contents from flood damage is far less expensive than the cost
to repair or replace it after a flood has occurred.
Through the National Flood Insurance Program, coverage can often be obtained at significant savings. The average
cost for a flood insurance policy is around $500 per year. Further, homeowners may qualify for a Preferred Risk
Policy that covers both a structure and its contents for as little as $119 per year. Coverage for renters starts at just
$39 a year. Talk to your insurance agent to determine the appropriate level of protection you need and the money
savings options that are available.
. FEMA - 2005 National Statistic
Updated February 16, 2010
PHOTO: Andrea Booher/FEMA Photo
3
MAPPING THE RISK
FLOOD MAP MODERNIZATION
10, What is the Grandfathering Rule and how can it help me?
The National Flood Insurance Program (NFIP) has "grandfathering" rules to recognize policyholders who have built in
compliance with the flood map in place at the time of construction or who maintain continuous coverage. These
rules allow such policyholders to benefit in the premium rating for their building. However, property owners should
always use the new map if it will provide you with a more favorable premium. Buildings constructed
Renewal of an Existing Policy
When determining the premium you will pay for flood insurance, an insurance agent will rate your flood insurance
policy based on the flood map that is in effect on the date you purchase your policy. Flood insurance policies may
then be renewed and still be rated based on the flood map in effect when the policy was initially rated as long as
the flood insurance coverage is continuous and the building has not been altered in a manner that would remove
this benefit. For example, if the building on the property is now in an X zone, you could purchase the policy before
the flood maps are adopted and keep the lower rate associated with the X zone even after the new flood maps
become effective for three years, You may even qualify for the lower-cost Preferred Risk Policy for the first year,
which provides both building and contents coverage at significant savings, To help maintain this grandfathering
benefit for the next owner, you may transfer the policy to them at the time of sale.
Built in Compliance
The NFIP will honor a Grandfather rule for buildings constructed after the first flood map for the community
became effective if:
1) the building was built in compliance with the flood map in effect at the time of construction; and
2) if the building has not been substantially damaged or altered.
Under this Grandfather rule, the property owner must provide proper documentation to the insurance company.
. If you w,ish to keep the zone designation in effect when the structure was built, you must provide a copy of
the flood map effective at the time of construction showing where the structure is located or present a
letter from a community official verifying this information.
. In general, for buildings constructed in high-risk zones after the community's first flood map was adopted,
your rates are based upon the difference between the flood map's Base Flood Elevation (BFE) and your
building's elevation. If there is a change in the BFE and keeping the BFE that existed when the structure
was first built gives you a better rate, you must provide the agent with an elevation certificate and a copy
of the flood map effective at the time of construction. A letter from a community official verifying this
information is also acceptable,
Updated February 16, 2010
PHOTO: Andrea Booher/FEMA Photo
4
MAPPING THE RISK
FLOOD MAP MODERNIZATION
11, What if my home or business is mapped into a high-risk area but I
believe the designation is in error?
Flood map designations are always based on the best data available to engineers and local officials at the time
areas within a community are surveyed and assessed. Every effort is made to ensure that the maps reflect the most
accurate and reliable information about the flood risk for all properties. However, re-examining and updating.flood
hazard information for an entire community is often a multi-year process, and you may feel that you have more
accurate data about your property when new maps are eventually completed and released to the public.
12. When do the new maps become effective?
The new maps and associated ordinances are being heard for First Reading at the March 1, 2011 City Council
meeting. The City of Ashland has to have the maps adopted and effective by May 3, 2011 or risk suspension from the
National Flood Insurance Program. Once the maps are adopted, new flood insurance requirements will become
effective,
13. How can I learn more about the flood map modernization process
and how it could affect me?
The following is a list of resources and contact information if you have further questions regarding the Ashland map
modernization project:
Web site Resources:
. City of Ashtand Web site: http://www.ashland.or.us/femaupdates
. FEMA Web site on Mapping: www.fema.gov//plan/preventlfhm
. For general information about flood insurance: www.FloodSmart.gov
Other Resources:
. City of Ashland: 541-488-5305; Monday-Friday 8am to 4:30pm
. FEMA Map Assistance Center 1-877.FEMA MAP (1-877-336-2627)
Open Monday-Friday, 8am-6:30pm
. To view, or purchase flood hazard maps for a nominal fee: 1-800-358-9616
. For questions on flood policy coverage and rates: 1-800-427-4661
. Public Meetings: For the latest dates and locations, call the City of Ashland Planning Division: 541-552-2044
or visit www.ashland.or.us/femaupdates
FOH MORE INFORMATION Visit www.ashland.or.u5toviewthe new digital flood maps, see the areas that are changing flood 20nes and learn how AshLand wilt be
affected. Visit www.FloodSmart.gov for more information about how to protect against flooding and the steps local residents may need to take to ensure that
they have proper insurance coverage to protect their investment.
Updated February 16, 2010
PHOTO: Andrea Booher/FEMA Photo
5
SOMA-1
PRELIMINARY SUMMARY OF MAP ACTIONS
.JlJN :! [) lUGS
Community: ASHLAND, CITY OF
Community No:
410090
To assist your community in maintaining the Flood Insurance Rate Map (FIRM), we have
summarized below the previously issued Leller of Map Change (LOMe) actions (I.e., Lellers of
Map Revision (LOMRs) and Lellers of Map Amendment (LOMAs)) that will be affected by the
preparation of the enclosed revised FiRM panel(s).
1. LOMCs Incorporated
The modifications effected by the LOMes listed below have been reflected on the Preliminary
copies of the revised FIRM panels. In addition, these LOMCs will remain in effect until the
revised FIRM becomes effective.
Datc Ol~ New
LOMC Caso No. Issued Project Idontfflor Panel Panel
NO CASES RECORDED
2. LOMCs Notlncorporaled
The modifications effected by the LOMCs listed below have not been reflected on the
Preliminary copies of the revised FIRM panels because of scale limitations or because the
LOMC issued ilad determined that the lot(s) or structure(s) involved were outside the Special
Flood Hazard Area, as shown on the FIRM. These LOMCs will be revalidated free of charge 1
day after the revised FIRM becomes effective through a single revalidation leller that reaffirms
the validity of tile previous LOMCs.
Date Old Now
LOMe Case No. Project Identifier Panol Panel
Issued
LaMA 94-RX-0099 03105/1994 41029C1204F
eo TOLMAN CREEK ROAD.. PORTION OF
LaMA 00-10-229A 06/28/2000 SECTION 14. 1395, R1E, Wt.l. 41009000036 41029C247SF
1301. 2305. 2345. 2341, & 2325 ASfil..AND
LaMA 01-10-464A 08103/2001 VENUE u PORTIONS OF SECTION 11, 41009000036 41029C2216F
T39S. R1E. w.1.4.
OUIET VILLAGE UNIT NO. J. BLOCK 7.l0T
LOMR-F 03-10-0122A 01/02/2003 1 I: BLOCK 8, lOT 1 _ 359 &. 360 COVENTRY 41009000016 41029C2204F
PLACE
EAGLE CREEK SUBDlV, L.OT 6.. 2565
LOMA 03-10-0178A 02/04/2003 EAGLE CREEK LANE 41009000036 41029C2216F
CLAY CReEK ESTATES UNIT l,lOT 2 .875
LOMR-F 03-10-0033A 03106/2003 JAQUH YN STREET 41009000036 41029C2216F
PORTION OF SECTION 14, 139S, AlE, W.M.
LOMA 03-1O-0109A 04/23/2003 41009000036 41029C2216F
147 OAK STREET .. PORTION OF OLe NO.
LOMA 03-10-0467A 06/2512003 41, T395, R1E, W.M. (TL:2500) 41009000016 41029C1204F
6/25/2009
Page 1 012
SOMA-1
PRELIMINARY SUMMARY OF MAP ACTIONS
Community: ASHLAND, elTY OF
Community No:
410090
Date OJ~ New
LOMe Case No. Project Identifier Panel Panel
Issued
!CLAY CREEK ESTATES, lOT 1- 885
LOMR.FW 09-10-Q241A 06/04/2009 jJAaUEL YN STREET 41009000036 41029C1216F
3, LOMCs Superseded
The modifications effected by the LOMes listed below have not been reflected on the
Preliminary copies of the revised FIRM panels because they are being superseded by new
detailed flood hazard information or the information available was not sufficient to make a
determination. The reason each is being superseded is noted below. These LOMes will no
longer be in effect when the revised FIRM becomes effective.
Dale Reason Detormlnatlon
LOMC Case No. Project Identifier Will bo Superseded
Issued
NO CASES RECORDED
1. Insufficient information available to make a determination.
2. lowesl Adjacent Grade and Lowest finished Floor are below the proposed Base Flood Elevation.
3. Lowest Ground Elevation is below the proposed Base Flood Elevation.
4. Revised hydrologic and hydraulic analyses.
5. Revised topographic Information.
4. LOMCs To Be Redetermined
The LOMCs in Category 2 above will be revalidated through a single revalidation letter that
reaffirms the validity of the determination in the previously issued LOMe. For LOMCs issued for
multiple lots or structures where the determination for one or more of the lots or structures has
changed, the LOMC cannot be revalidated through this administrative proeess. Therefore, we
will review the data previously submitted for the LOMC requests listed below and issue a new
determination for the affected propert.ies after the effective dale of the revised FIRM.
Date Old New
LOMC Case No. Issued Project Identifier Panel Panol
NO CASES RECORDED
6/25/2009
Page 2 0(2
.
.
May 17, 2010
Amy Gunter, Assistant Planner
City of Ashland
Community Development Department
. ,
20 East Main Street
Ashland, Oregon
Dear Amy,
I would like to protest the enlargement of the flood plain corridor for our property;
map and tax lot 391 E04BC 2000 which is bordered by Ashland Creek on its
eastern boundary and Nevada Street on its north boundary. The Nevada Street
crossing of Ashland Creek is poorly designed and causes the creek to back up
during high water conditions because the crossing is unable to handle the
increased water volume. I believe this was addressed in the City's Otak Report
that evaluated all of the creek crossings after the 1997 Flood. The City has
known this for over 12 years and has failed to correct the crossing. If the
crossing was better designed and improved, our property would not be nearly as
severely affected, which would decrease the flood map.
I would like the City of Ashland to address its failure to provide a properly
designed crossing.
sincef,
~
G illams
A land Flower Shop and Greenhouses
74 Helman Street
Ashland, Oregon 97520
IlECEiVED
MAr' I .'i 2010
City of .l\shlar.d
From:
To:
Subject:
Date:
Oak Hill Bed & Breakfast
Amy Gunter;
Re: flood map
Tuesday, May 11, 2010 12:19:04 PM
Amy,
The comments I submitted were as requested by the notice of hearings.
They are for that purpose, But thank you for the further information.
On May 11, 2010, at 10:49 AM, Amy Gunter wrote:
Dear Mr. and Mrs. Howard,
I have been told that in times of actual flooding (1997) the
water did flow all the way down to Glendale Avenue as well
as Clay Street. It is the 500 year floodplain in your location
which would not have any impact on your insurance and
unless there is historical evidence of flooding, which I doubt,
there isn't an impact on the developability of your property.
The City of Ashland has not created these maps, they were
created by the Federal Emergency Management Agency. .
Any questions or concerns about the mapping would need to
be submitted to them. I have this phone number which you
may call1-877"FEMA-MAP.
Amy D. Gunter, Assistant Planner
City of Ashland, Dept. of Community Development
20 E Main Street
Ashland, OR 97520
phone: 541.552.2044
fax: 541.552.2050
TTY: 800.735.2900
This email
transmission is
official business
of the City of
Ashland, and it
is subject to
Oregon Public
Records law for
disclosure and
retention. If
you have
received this
message in
error, please
contact me at
541.552,2044.
Thank you.
>>> Oak Hill Bed & Breakfast <innkeeper@loakhillbb.com>
5/11/2010 9:48 AM >>>
Ms. Guntera,
As residents on the south side of Siskiyou Blvd effected by
the FEMA proposed map we are submitting this comment:
The flood waters are shown running west, down Siskiyou
Blvd, from the flood flow that is to the east of the Ashlander
Apartments. We are questioning what factors would cause
the water not to continue it's flow downhill. Especially on
what is a fairly steep grade. In short the flow down Siskiyou
Blvd does not make sense and requires explanation, Further,
the south side of Siskiyou is banked and a few feet higher
than the north so that it is highly unlikely that if water ran
down the boulevard it could reach our building as shown.
Oak Hill
Bed &
Breakfast
Pat & Tom
,Howard
2190 Siskiyou Blvd.
Ashland, OR 97520
541-482-1554 888-482-1554
http://www.oakhillbb.com
..
Oak Hill Bed
& Breakfast
Pat & Tom
Howard
Ashland, OR 97520 .
541-482-1554 888-482-1554
http://www.oakhillbb.com
From:
To:
cc:
Subject:
Date:
Ann Seltzer
Amy Gunter: Maria Harris: Bill Molnar;
Martha Bennett:
important flood insurance information
Wednesday, June 09, 2010 2:38:37 PM
Hi,
I spoke with Christine Shirley at DLCD and asked her to clarify the information
provided by FEMA under the Grandfather Rules and the information I've been
getting from the two insurance agents I've spoken with. Turns out, there is A
LOT of information not included in the Grandfather Rules.
Using my house as an example:
1) We are in the post FIRM category which means we can purchase PRP
(preferred risk policy) flood insurance. This is a basic rate and so far the least
expensive I've found is $119 per year for $20K coverage.
2) The FEMA Grandfather Rules included in the National Flood Insurance
Program Seminar Form Kit (a seminar that Amy and Christine Shirley attended)
does not include the explanation that one can get the lower cost insurance (PRP)
for three years before the property owner is required to purchase the Standard X
Zone rate which runs about $1200-$1500 per year, So the notion of being
"grandfathered in" only applies to getting the PRP for three years (this used to
be one year and was changed abDut two weeks ago), The only reference to the
Standard X Zone rate shows on a flow chart attached to the FEMA Grandfather
Rules on the FEMA website which Shirley and I looked at together.
3) Congress has not passed the National Flood Program therefore it is impossible
to purchase flood insurance at this time. .
4) If the dirt in the crawl space under your house is at or above the base flood
elevation (BFE) the property owner can submit a Map Amendment request to
FEMA to remove the property from the flood map, Property owner must submit
a Certificate Df Elevation with the letter.
5) Apparently many communities, including Central Point, are using city
surveyors to determine the BFE of properties affected by the new map, Ashland
should consider providing this service to affected property Dwners otherwise
folks are looking at the cDst of hiring a surveyor in addition to the flood
insurance.
I think we should be including this information when we speak to the council,
provide it on our website and send it to affected property owners. I got this
information from two sources, DLCD and Insurance Agents. Seems like we'd
want to verify this with our FEMA representative as well. Frankly it's a bit of a
minefield and it would be nice to try to give folks a road map to navigate all this
information,
Ann
Ann Seltzer, Management Analyst
City of Ash land
20 East Main Street, Ashland, OR 97520
(541) 552-2106 or (541) 488-6002
FAX: (541) 488-5311, TTY: 800-735-2900
This email transmission is official business of the City of Ashland, and it is
subject to Oregon Public Records law for disclosure and retention. If you have
received this message in error, please contact me, Thank you.
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
GroundWorks purchase on Chitwood Lane
March ],20]] Primary Staff Contact: Brandon Goldman
Community Development E-Mail: goldmanb@ashland.oLus
None Secondary Contact: Bill Molnar
Martha Benne Estimated Time: 20 Minutes
Question:
Will the Council direct Staff to develop a purchase and sale agreement to transfer City property on
Chitwood Lane to GroundWorks (formally Rogue Valley Community Development Corporation) for
the purpose of developing five affordable housing units?
Recommendations:
Staff recommends the Council authorize the submission of a Planning Action application, and direct
Staff and Groundworks to draft a purchase and sale agreement for transfer of the property.
The Housing Commission received a presentation from GroundWorks on the proposed development
on January 26,201] and were supportive of the project moving forward as proposed although no
specific recommendations were forwarded to Council regarding the transfer of property.
Background:
The City and Parks Department purchased 2.4] acres ofland at the terminus of Chitwood Lane, behind
the Ashlander Apartments, in May of 2006 (Tax Lot 39 J E 14CB I 00) for a total purchase price of
$944,697. The Parks Department contributed $ 819,368 toward the purchase, and an additional
contribution in the amount of $125,059 was derived tram the sale of City owned property on
Strawberry Lane. The proceeds tram the sale of the Strawberry Lane properties had previously been
directed to be used in support of affordable housing developments.
The City issued a Request for Qualifications in October 2007 to identify a qualified affordable housing
provider to develop five residential units for ownership upon the ]4,000 square foot area of the
property acquired with affordable housing funds. The Rogue Valley Community Development
Corporation, now GroundWorks, was selected as the preferred developer by the City Council in
February 19,2008.
During the preferred developer selection hearing it was clarified that the Council was selecting the
developer only at that time, and that a conceptual project, and financing pro-forma, would return to
Council for review and approval prior to the project moving forward. GroundWorks has now
completed the preliminary project design and project pro-forma as included in the Council packet.
GroundWorks is prepared to submit a formal planning action application and requests the City, as
property owner, authorize the City Administrator to sign the planning application. Upon application for
planning approval the project would be subjected to a subdivision and site review hearing before the
Planning Commission. Adjoining property owners and interested parties will be notified of the hearing
and will have the opportunity to address concerns relating to the criteria of approval for the proposed
development through the planning review process.
Page I of3
~~,
CITY OF
ASHLAND
Should the Council approve of GroundWorks conceptual proposal, and authorize the project to
proceed, the City will enter into a Purchase and Sale Agreement with GroundWorks to enable the
ultimate transfer of property upon completion of the planning review process and creation of a discrete
14,000 sq.ft. parcel separate from the Park's property.
When originally selected as the preferred developer by the City Council, GroundWorks indicated that
they intended to request a reduction in requested purchase price from $125,000 to $75,000. Within
GroundWorks' original RFQ proposal, and prior testimony, it was stated that this $50,000 reduction in
the land acquisition cost was necessary to incorporate accessibility and energy conserving building
features within the development. The original 2007 RFQ addressed the issue of purchase price as
follows:
The City is offering to sell, partially grant, or grant, the property identified in exhibit A 1 to the
selected affordable housing developer. The City ai~s to recapture $125,000 for the designated
property through sale of the property that would include a deed restriction limiting its
development to affordable housing. However, in support of the development of affordable
housing, and in consideration of the proposals of the respondents to the RFQ, the City may
entertain reductions in this sale price as necessary subsidy to facilitate the properties
development.
In February 2008 the Council deferred the discussion of purchase price until such time as the project
pro forma was presented. Council can now determine whether the property should be sold to
GroundWorks for $75,000 as they have requested. As the funds used to acquire this property were
originally dedicated to the support of affordable housing, unless otherwise directed by Council any
proceeds from a sale of the property to GroundWorks would be directed into the Ashland Housing
Trust Fund.
In addition to formalizing the final purchase price and terms of transfer through a Purchase and Sale
Agreement, a separate Resale Restriction Agreement drafted by the City would be recorded on the
property which would stipulate the following unless otherwise modified by Council:
. that the units be sold to qualified households earning less than 80% the area median income;
. that each unit's sales price is consistent with the Affordable Housing Program (Res. 2006-013);
. that the units remain affordable for a 99 year term;
. that the units obtain Earth Advantage Certification.
GroundWorks has developed a proposal for the site which accommodates the primary objectives stated
in the original RFQ issued including the development of five affordable ownership units on the limited
land area provided, and the incorporation of energy conserving elements to achieve Earth Advantage
certification. GroundWorks has worked extensively with the Ashland Parks Commission over the last
year to develop an agreement for stormwater management and future master planning of the Park
property.
GroundWorks has primarily been focused upon completion of 15 affordable ownership units at Rice
Park (a portion of the Verde Village Subdivision) over the last three years. As a result the Chitwood
affordable housing project was postponed and the original timeline for the project has not been met.
Page 2 of3
~~,
CITY Of
ASHLAND
However Staff believes that as the Rice Park project now approaches completion GroundWorks will be
able to maintain their recent forward momentum on this project and complete the five units of
affordable housing by July of2012.
Related City Policies:
Article X, Section 2(c), and Article XIX A, Section 2, of the Ash]and City Charter relating to the
purchase or disposition of public property.
Resolution 2006-13 relating to the income qualification targets, System Development Charges, and Fee
waivers for affordable housing.
Council Options:
Approve or deny the request to authorize GroundWorks to proceed with an application for Planning
Approval and direct staff to develop a purchase and sale agreement for transfer of the property to
present to Counci I for final approval.
Potential Motions:
Motion to direct Staff to develop a Purchase and Sale Agreement for transfer of the 14,000 property to
RVCDC/Groundworks for $75,000 (or as amended by Council), for the development of five affordable
housing units, and authorize GroundWorks to submit a planning action application for the proposed
subdivision and development.
Attachments:
Groundworks Chitwood Development Proposal
o Description and Project Financing
o Construction Budget
o Site Plan, Elevations, and floorplans
Vicinity Aerial Map
Housing Commission Minutes 1/26/20] I
Leiter from Deerfield Homeowners Association
Page3 of 3
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GROUNDWORKS
COMMUNITY DSVl:1..0PMBNT
,
132 W. Main St., St. 102
Medford, OR 97501
Chitwood Affordable Housing Development
. Development Is to consist of 6 Passive Solar Earth Advantage homes
o 3 - 1150 square feel, 2 bedroom, 1 Yo bath homes
a 2 - 1450 square feet, 3 bedroom, 2 bath homes
o These will be built using the Mutuel Self Help model that GroundWorks (RVCDC) has
used to build 15 homes previously in Ashland, and is currenlly using to build the 15
homes at Rice Park.
a The Mutual Self Help model requires homeowners to complete over 65% of the
construclion of the homes themselves.
a See Included plans
. Purchaae Prices
a 3 bedroom home - $163,000
a 2 bedroom home - $158,000
o Construcl/on Budget Alteched
. Target Income
a 80% AMI or below
o GroundWorks will use the City of Ashland's affordability spreadsheet
. Period of Affordablllty
o 99 year renewable Land Lease
o Same model used previously on our projects
. Sustalnablllty Features
a Earth Advantage Homes, Energy Star Appliances
a Passive Sotar Design
a Night Flush Cooling
o Designed for easy future Installation of photovoltalc and solar water heaters
. Project Financing
o $75,000 of SHOP Funds will be used for the acquisition of the Chitwood property. This
money Is currently set aside by Community Frameworks and they are expecling our
fonnal appllcalion. The NEPA environmental study work that needs to be completed for
the use of these funds Is currently under way with the City of Ashland acting as the
Responsible Entity.
o A $135,000 Rural Development 523 Mutual Self Grant hes been awarded to
GroundWorks es an extension of the current Rice Park project. This will cover most
cosls for office staff and construction supervision for the project.
o Qualified Homeowners will use 502 Mutual Self Help loans for the completion of
construction. These loans (3 BR-$163,000, 2 BR-$158,000) will pay for all development
of the site, and for the construction of the homes.
a An $83,600 Land Lease Acqulsilion Fee will be paid by each homeowner to
GroundWorks at the 502 loan closings. These funds will be used to reimburse
GroundWorks and subcontractors/vendors for accrued predevelopment costs, and to
then complete all necessery infrastructure work. Once build-ready lots are created, then
the families will start the construction of the homes under Ihe leadership of Ihe
Construclion Supervisor.
~
T: 541.734.2355. F: 541.245.6966. CC6# 130948
www.roQuevallevcdc.ora.info@roQlJevallevcdc.ora
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132 W. Main St" Ste 102
Medford, OR 97501
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GROUNDWORKS
COMMUNITY DEVELOPMENT
Chitwood Affordable Housing Development
Projected Timeline
January 25, 2011
. Council Review and Approval: February 15, 2011
. Planning Submittal - March 4, 2011
Includes:
Preliminary Civil
Completed Building Drawings
SHe Plan
Preliminary Plat
Exhibils and Findings to support all ordinance sections
1820 - SFR
1861 - Tree Preservation
1862-PandE
1863 - Water Resources
1876 - Partitions
18,88 - Performance Standards Option
18,100 - Variances for lot coverage and landscape %
Supporting documentation from:
DSL
Ashland Parks and Recreation
Arborist
Geotechnical Engineer
. Public Notice and Completion Review: March 4 - April 12, 2011
. Purchase and Sale Agreement: February 18, 2011
. Planning eommlsslon: April 12, 2011
. Environmental Review Completlon/RRC Drafting Completion: April 15, 2011
. Planning Approval: April 12 - May 16, 2011
. Platt signed: May 20, 2010
. Acquisition of Land by GroundWorks/Closing: May 20, 2011
. Building Permlt.Submlttal: eoncurrent with Planning Subllttal, 2011
. Building and Exeavatlon Permits: June 1, 2011
. Site Development Start: June 7, 2011
. Project Completion: July 31, 2012
<!\.
T: 541.734.2355. F: 541.245.6966. CCB# 130948
www.roauevallevcdc.ora.info(a)roQuevaIJevcdc.ora
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Chitwood Affordable Housing Budget 1/25/2011
Rid
ev se Budoets
PROJECT 3 BORM 280RM
TOTAL 1440 sq It 1152 SQ It
8 2 3
1 ArcMwcll$tructu,.1 EnglnHf 35,000.00 1,000.00 7,000.00
2 lJindn.p" ArchJtlctlUn4 u.. pralUl" 19.000.00 3,800.00 3,800.00
3 Civil En;'"", 11.000.00 2,200.00 2,200.00
4 tn'URrK. 1,000.00 200.00 200.00
6 Sun.JOt 20,500.00 4,100.00 4,100.00
7 PI.n. Subml1tlllRnl.w FH' 1,500.00 300.00 300.00
8 AcqulllltoolPurcl'tn. Pitt. 75,(XXUX) 15,000.00 15)XXlOO
13 P,.d..,.lopmen........nctLe... 67,500.00 13,500.00 13,500.00
16 Stotm DFfI" 21,000.00 4,200.00 4,200.00
ISSI_rn.nth 24,000.00 4,800.00 4,800.00
20SIteG,tdlnglro.d.,hln.lon 83,000.00 16.600.00 16,600.00
21 Footln;.&loIPrtp 24,000.00 4,800.00 4,800.00
22 Building P,nnl''''''" 18,000.00 3.600.00 3,600.00
32w.r.r W.terT~&Ii'lf, 4,000.00 800.00 800.00
611E',cf... eltctrIulhookuplenr.qui".dlrtOtyDfAshland 2,500.00 500.00 500.00
62 ElK V.ultlllll',nln.ldur. Eledrieal Trending, V'U" 11,000.00 2,200.00 2,200,00
LeanAcquf,lIIonFH Tot., 418,000,00 83,600.00 83,600.00
25 OnSl~loc.UpCentaIMrlSaf'tyEqulp. 1,500.00 300.00 300.00
26 TcollF,nc.R,ntIIl 6,000.00 1,200.00 1,200.00
28 TruhR,moVolItR'cycllng 800.00 160.00 160.00
30undlcePl Inc1IcI.. PlAy EqJpmlnUQ 'rden 22,000.00 4,400.00 4,400.00
311rnllatlofl lffi9alicnlnstalallon 7,000.00 1,400.00 1,400.00
37 Concrete 32,000.00 6,400.00 6.400.00
38 A.ph.ll ParkinglolpilVing 13,000.00 2,600.00 2,600.00
45 Lumber S3,0CKl.OO 11,395.00 10,070.00
SO Roonng ~t'nsl. 14,000.00 3.010.00 2,660.00
52 WlndCWII 12.300.00 2,460.00 2,460.00
54 SIding 1ndlde...llllrlorlJtm 7,500.00 1,612.50 1,425.00
55 ""'" Inwrlof.nd.xrlrior 4,000.00 800.00 800.00
57 Plumbll1g PlumbinQM,lerlals.L.bor 37,500.00 8,062.50 7,125.00
59 T.mp PCWllr llmpcrary P<IWIrhccllupf.u by City CfAshland 500.00 100.00 100.00
63 EI.ctnlllll Hous'aIld~ttsllectnc.lI"'rvic.e. 35,000.00 1,525.00 6,650.00
65 elUFlxture. ElKtOuIfbctures 2,500.00 500.00 500.00
68 M,clunlncel HVAC 41,500.00 9,500.00 9,500.00
70 fn.ulaUon 15,000.00 3,225.00 2,850.00
72 Orywttl "'aI~b.TlIpe&TelCtur. 22,500.00 4,837.50 4,275.00
74 p.lntlng lnltncr2ndExI'rIct 4,750.00 1,021.25 902.50
15Inl.t1orTrlm 1nc;.lud.......riwlIyllilrlg 2,500.00 537.50 415.00
16 C.b1n.try jlodtounlfltOPI&Nlhroomv.niliu} 18,500.00 3,700.00 3,700.00
18.ltppll.ncu 20,000.00 4,000.00 4,0CK>,00
80 FtcorCOv'r1nll 7,0CI0.OO 1,505.00 1,330.00
82 Down..pout. 500.00 100.00 100.00
84 MlI11 Bou, perm_Ill mal bc.\C'1 lnt 1,000.00 200.00 200.00
85 BilLe RIch """'- 1,000.00 200.00 200.00
87 s.th b,lhaceeueneslpilper-toweltnlfr'or 750.00 150,00 150.00
90 H.,dwat'l h'lawlrelodl 1fIl' 500.00 100.00 100.00
91 AIl.I'UN'Y """ sl,/fYly.1Id mcnumtnl"9 2.000.00 400.00 400.00
94 F.nclnll Pr~l~lndy.rds 4,500.00 900.00 900.00
!TOTAL 'OJ Le.n Con.lrvcUGn Cesm 814,800.00 165,901.25 160,932.50
CONTWO!NCY . '" 48,900.00 9,198.78 9,187.50
ClcslngCe.m 11,8110.oo 2,300.00 2.300.00
SHOP FUND! (78,000.00) 115,000.00)" t15.ooo.00)
TOTAL CONSTRUCTION eXPENSES 800,000.00 183,000.00 158,000.00
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Chitwood Lane Affordable Housing Development Site
Aerial Vicinity Map
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CITY OF
ASHLAND
ASHLAND HOUSING COMMISSION
MINUTES
January 26, 2011
EXCERPT RELATING TO GROUND WORKS PROPOSED CHITWOOD
DEVELOPMENT
GROUNDWORKS PRESENT AnON lFORMERL Y RVCDCl
John Wheeler, Executive Director for GroW1dworks was present and apologized for Kerry KenCaim, Landscape
Archilecl, who was not able to attend. Three years ago the City put out a Request for Proposal for the 2.15 acre park
land at the end of Chitwood Lane. GrOlmdworks put in their proposal for five alTordable units on that land. Their
proposal was accepted and they began to follow through with the steps, securing financing and putting together
plans. In 2008 due to the economy the project was put on the back burner for awhile. GroW1dworks is now at the
stage where they have secured a grant to pay for the managemenl of the construction and secured 502 loans for the
actual construction. Mr. Wheeler explained tbey received approval to expand the current Rice Park Mutual Self Help
grant to build five more homes. The Mutual Self Help model requires homeowners to complete over 65% of the
construction of the home themselves.
The development is 10 consist of five Passive Solar Earth Advantage Homes, three $163,000 three bedroom homes
(1450 square feet) and two $158,000 two bedroom (1150 square feet) homes. The target income is 80% AMI or
below.
Gronndworks anticipate taking between twelve and fourteen months to complete the project once it starts. Project
completion date is expected to be July 31,2012.
GrOlmdworks received an easement from the Parks' department to treat storm water nm-olT from the new
development in return Goundworks will maintain the wetlands area and pay to have a master plan for the park drawn
up.
The Commissioners thanked Mr. Wheeler and were glad to see the projcctflnally happening
,
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January 10, 4011.
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CIW ofAshlqnd ' . . . . .'
. Planriing Commis'sioh/Communlty Development.. '
20. Eas.t Main Street: , ' .
Ashland, OR 97520. '.,
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, Dear Planning Mana9.er,..
Several m~r'nbers of our homeowner's a~sociatlon have expressed ~on.cerns .
over i:heproposed affordabl.e housing project and Commu.n'lty Park planned for.
our. neighborhood, ori June 1.7,. 2Q1 0, Ms, .Kerry KenCatrnofKenCalrn, .
landscape.Arc;hitectu're distributed.a "letter of. Notificatiori" and.plot map o(ttie'
proP9sed housin~development and pa~ktci residents of Chitwood Lane. The.
. m;:\jority of resld~nts attende9.th~ subsequent pub!lcmeetingon October 7,
2010 lieldat Bellview Elementary S.chool wlli.le at h~ast one of our members,' .
attended ~he City of Ashland Parks Department meeting on November 22,. 20 fa
. at whkh, the cori1mi$slon~rs decided to postpone development of Chitwood. ... .
Park, at least in part, due to funding Issues,. .'
. There.aref~;ur primary areas, of concern.over thls.proposed co'lIaboratiile .
development project oetwee.n. Rogue Valley Community Development and the.
'. City of Ashl.and, First, homeowners arecoric;erned ab~u.t the continued livability.
and value oftheir. \:lrop!!rties in v.iew of this housing project. Residents who :
havej:>ropertythilt borders the proposed development are trol!oled by i:helack
of planned lands(ape. barrier. At least one resident met with planners. before
, purchasing their home,and was given a map demonstrat(ng an 8 to, 10 foot.
landscape I;>arrier, Ms, KenCalrn has stated any landscape barr!er wlllbe no
more than 3 feet wide..imd m.ost.llkely willc;onslst of vines growing:.o.n'some
type of s.creening. Chitwood Lane homes are geographically elevated abo.ve the.
proposed development area; and consequently; are exposeo to amplification .of
. noise from .the current. parking lot and basketball courts', F'urthermore, .
residents on the east side of Chitwood Lane'are. opposed .to the removal of the
Cypress. treeS bordering their properties s.lnc:e the trees offer privacy; protection
from intense summer sun, as well as.ahapitat for sm.all wildlife. The~e .
evergreens are of significant sIze' and age,' not easily replaced; a'nd provide. year
round enjoyment .for these indil(iduals. ., . .
. ,
...
,.
seco~dly, 'assoCiation..members were dismayed to. learn 'ofthe.City's .declsion to ... . .
postpone the development"of Chitwood Park, Indeed, It seemed KenCalrn
Landscape Architecture firm, in their presentation at. t/leQctober 7 meeting as .'
well as'inthelr door-to-doornotiflcation campaig(1, promoted th.e park as the..
beneficia:! adJum:tlve. 'component ofttie project. . WhateVerhesitatlohor
reservations the' local residents may have abo!:!t the affordable. housing project.
was diverted t'o thewon.drous. possibilities of walking trails, comn:llirilty ga.r'den~
.and a n\ltural wetla(1ds area)n the neighborhood park..Appare(1t1y,the. park has
fallen' to the wayside due to fiscal limitatiOns. as w~lIas master planning issues.
At the November 22 City Parks Meeting, cOrTHTlisslorier Eg'gersmentioned.that .
'aithough she Initially thought. that it was good for the co.mmunity to provide the
laridtoRogue Valley Community Developmerit for tHe affordable.housing . ...
project; .sh'e admitted she really hadn't thought the Whole thing through. This
was in resp'onse to the RVCD;s request for additional park land for a bio swale
. to deal with gr6un~water.dralnage fi:om.the houslng.s;!tes and necessa'ty .
. parking, App'~rently, theinitial-lam:l req~est was.inadequate to meenhe
drainage needs of the development !ind the Parks Department willingly voted to
grant the 'community Development tl)e. necessarY bioswale area, The <;:hitwood
site of the proposed' park a,nc;:t affordable housirig development Is ci.!rrently .. .
undeveloped 'and. spotadicaily maintained by the city of Ashland'. The area .
soineti'mes attracts indiv.iduals u'slng dr'ugs or alCohol, vagrants seeking a place.
. to stay and People engaged In'susplcious or' possibly criminal activities: . . . .
. Perhaps the unkempt, seemingly abandoned app.ear.ance 'ofthe.land 'Iends itself
to these behalilors.TheAsh.lander 'apartment residents lack yards or green .'.
space 'I~ whiC:h to enjoy the outdoors, a~ wlll'the owne'rs of the propqsed. . .
affordable hQuslhg project. Merhber~ of the Bellvl.ew Homeowner's Association.
. have experienced a number of defiant tresp.assers who were' cbmilnced they had
'. rights to be on land near.thecreli!k which belongslo their association. Itls Ol,lr
belief tha.ta devefoped, maintained, qndstructured !1efgh.borhood park would
Imprpve the quality of the. nelghborhoQQ and the act"lilltles that occur there. .'
:Bellvlew residents would have c1ear,boundarles defining their property marglns.- .
. . 'We ~onslder thedevel6pment of Chitwood' Park. to be beneficial to our.. .
... neighborhood by provIding a safe and.suitable' pl~ce fbr neighbors. to. walk', .
garden. arid play, Furthermore, the city would be honoring its commitment to .
the:citizeris. wh'o l1ave be'en led to believe Chitwood Park will be a viable part of .
. their.neighborhood; ,.' . ~..:'. . . .... ... '.. . '.. ......
. .. . .
On. August 2'5, 2007, the field located. at the end of Chitwood lane experie"nced
a slghlflcantfire..A child playing With matches In the dry grass of. the field
caused the fire. TwohQuseson Chltwoqd Lal)e sustained damage'as a result.. ..
Currently, the clty'malntains this lot periodically, but does not remove the' grass'
c1ipp.lngs when the. (Ield is mowed, Dead and dry grass clippings were felt to
contribute to the more recent Oak Knoll fire In Ashland last summer. Residents
.of Chltwpod Lane. areapprehensiv!,! 'that the delay of t~e park development, in
combiriatio'i1 with' the abundant; se,,~onally dry v.egetatlon, may'proylde .
. opportunity for furth'er blazes'to take hold. of additional concetn is the narrow'
. . and curving' nature of Chi~wood liirie with 're'gards .to the ease of a.ccess for .'
. large rescue' vehicles; specif!cally fire truc:~s. It :is' not uncommon'to see' large
construction .and delivery vehicles .run over the curb when 'negotiating the first
right angle turn of the s curve,. 'Parkingis allowed on only one side Qf Chitwood.
hne,buUhls restriction is poorly marked with one sign and np c,urbmarklngs..
The association believes It would be beneficial before 'ami .development .
proceeds, to evaluate' the neCe'ssary emergency vehicle access and potential
. parking Issues that would pnivelJt such access In the event of an .emergericy.
",' .' . . . . . .
. .
Finally, itls.our unClerstaridingthat the affordabl~ housing project and
community park Is ajolnt venture between Rogue Valley Community.'
pevelo.pm~ntj ,the.City of. Ashland Planning Department and the City of Ashland
Parks department. There has alre.ady been. some 'confuslon regarding "the
commuriicatlon surrounding the statusand'staging of the projeCt and the
.' ability for residents to have inPut. The Landscape Architect has toldsorne. . .
. individuals the" affordable hous{ng project '~is a :done deal anClnot subject to any
, cha,nges from the proposed plans,'; Converse.ly, the City QfAshland planning
"department states the final plans for the hous.ing 'project have not been. .
formally submitted yet: Co'mmtssioner Egger's.'commerit(asmentioned.
previously)"at the November 22 City P;.lrks meeting' Is discqncertlng; as It leads
. orie to believe that tlie consequences; financial plan and long term Impact to .
~he: community were 'riot well.thought through. beforesignlfltantdeclslons were
made to provide land fonhe affordable housing project, We feel that it is ....
important that the afforc;lablehQusing project be subject to the.saniedelayas
the' planned park, at a m!nlmLmi, since they are so inter-dependimt._The. ... .
cO'mmuriitymeeting lieid.at Bellvlew school in October requested'cltlzen input .
.and support. but evaded questions regarding the funding for the p,ropose.d park.. .
. I .
The association is uncertain how .communlcatlon Will progress giVen this .
seemingly rocky start to the planning otthe project: Hqmeowners would like to
know-to whom to address their concerns as well as the indivldual(s) overseeing.
the.entlre project'and who have access to the long-term plarifQrthe' ...
neighborhood develOPment. Ultimately, our citizens Wish to know that tl)eir
. input is an essential a,nd. respected part of the community plan with a vision of
... . sustalnabllity and livability they h~ve coine to expect froni th~ City of Ashland.'
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fe thhank .you fo~ v.o~r time a~d a~tention :in this matter and iook forw~rd to"
urt er commUnication regarding.thls issue, . .
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Edward McBride
. Presldelit :
. Deerfleld Estates Homeowner's'Assoclatlo~
258~'A'~5tr.eet;Su!tel, Box.lOl . '....
Ashland, OR 97520 .' . . .
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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
March], 20 II Primary Staff Contact:
Administrative Services E-Mail:
None Secondary Contact:
Lee Tuneberg jJ:#'r Estimated Time:
Lee Tuneberg
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 2011-20] 2 and establishing criteria for the grant program?
Staff Recommendation:
Staffrecommends Council approve the attached resolution with a TOT revenue estimate of$],884,600
for FY 20] 1-2012. Staff recommends Council allocate the residual $82,546 trom FY 2009-20]0 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 ]6, 2010, Council adopted Resolution 2010-06 that
allocated 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 20] I is:
TRANSIENT OCCUPANCY Percent Percentage Percent 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:
Genefal Fund $ 1,000,000 75.7% $ 1,058,760 80.2%
Strategic Planning 150,000 11.4% 150,000 11.4%
Small Granls 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 Conrnerce VeB $ 275,000 57.4% $ 280,000 58.4%
Oregon Shalespeare Feslval 110,000 23.0% 110,000 23.0%
Small Granls 45,000 9.4% 55,000 11.5%
Public Art 13,738 2.9% 14,375 3.0%
City Projecls 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] of3
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CITY OF
ASHLAND
In this fiscal year the TOT proceeds received are approximately 4.7% ahead oflast year's revenue at
the same time. Staff proposes we budget for $] ,884,600 in TOT proceeds in FY 20] ]-2012. When
such revenue growth is applied to the allocation methods in the existing 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 of Total 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%
Strategic Planning 150,000 10.8% 150,000 10.8% 0.0%
Small Granls 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 of Comrrerce 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 Granls 77,583 15.5% 64,423 12.8% 17.1%
Public Art 14,375 2.9% 14,375 2.9% 0.0%
City Projecls 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 Resolution 2010-06 potential impacts are reflected OPTION #1
in the chart above. The key here is that some groups (General 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 5] % increase and may not be what was intended.
OPTION #2 shows a "growth" percentage of 4. 7% allocated to the General 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] 0.9%
and Tourism small grants increase] 7.] %. Strategic planning, OSF, Public art and City projects remain
unchanged.
The attached draft resolution also reflects the updated revenue projection 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 General 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 General 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:
t
Page 2 of3
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CITY OF
ASHLAND
I. 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 System Plan.
Please note that SECTION 4, Item d. still references a minimum grant amount of$2500. ]fsmaller
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] 6th.
Related City Policies:
City of Ash]and Financial Management Policies, Budget Document Appendix
CouncifPotential Motions:
Council moves to approve the resolution as presented (as amended?) per discussion.
Attachments:
Draft Reso]ution
Resolution 20]0-06
..J
Page 3 of3
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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 2010-06.
THE CITY OF ASHLAND RESOL YES 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 water and air pollution or creation of toxic 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, induding, but not limited to, the examples listed:
1. Energy
2. Water
I
Page 1 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 ofJuly 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%:
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 of70% 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.
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 qualitY 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, 108,522
funds or
2nd Priority City Economic Development program the greater of 10% of $150,000
Unrestricted funds or
3rd Priorit Cit Grant ro am 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. .
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-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 Yalley. 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 2010-06 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
SIGNED and APPROYED this _ day of
,2011.
John Stromberg, Mayor
Reviewed as to form:
Megan Thornton, Acting City Attorney
Page 3 of 4
Attachment:
Estimated dollar allocation for FY 20]0-2011 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 VCS $ 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 Cultural Development Funding $ 1,800,000
Page 4 of4
RESOLUTION NO.dOID- DiP
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 Sout~ern 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 of4
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 HotellMotel 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 eciticall amended b Council:
Chamber of Commerce VCB
Ore on Shakes eare Festival
Economic and Cultural Develo ment Grants - Tourism
Public Art
Other Ci Ca ital Pro'ects that uali 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 $112080
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-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.
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.
SIGNED and APPROVED this 17 day of -:f-drv~ ,2010.
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 SuslainabUity) 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
Quarlfying City Projects or FY 2012 Grants 19,785
Total Tourism $ 479;160
Total Economic and Cultural Development Funding $ 1,800,000
Page 4 of 4
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
85 Winburn Way (PA #2010-01239)
March 1, 2011 Primary Staff Contact:
Community Development E-Mail:
Legal Secondary Contact:
Martha Bennet Estimated Time:
Derek Severson
derek.severson@ashland.or.us
Maria Harris
60 Minutes
Questions:
Does the City Council wish to affirm, reverse, modify or remand back to the Planning Commission 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?
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 Action
#2010-01239 with conditions. Staff also recommends that the City Council approve the Development
Agreement with the amendments discussed at the February meeting and summarized briefly below:
Background:
At the February 15,2011 meeting of the City Council, the Public Hearing was conducted. Complete
background was provided with the Council Communication for that meeting. At the end of public
testimony, the hearing and the record were closed and the item was continued to the next regular
meeting on March I, 2011 for deliberations and decisions.
There were a few items which staff wished to clarify based on testimony at the last meeting.. These
items, as well as a brief summary of issues relating to the development agreement are as follows:
o System Development Charges: Staff noted during their presentation that the proposed Ice
Rink support building/Zamboni garage would not be subject to Systems Development Charges
(SDC's) for Parks or Transportation but would trigger SDC's for Stormwater, Water and Sewer
which the applicants are requesting that they not be required to pay. The applicants
characterized the figures involved as a "couple hundred dollars." This would be only for
Stormwater, which is charged based on the square footage of impervious surfaces proposed,
however there would be additional fees for Water and Sewer based on the size of the water
meter ultimately proposed and the number of fixture units in the building. The total SDC
charge could be in the vicinity of $1 0,000 depending on the final details of the building at the
time of permit review.
o Building Yaluation: In the applicants' testimony, it was noted that the Ice Rink support
building/Zamboni garage would cost approximately $300,000 with an additional $300,000 in
associated site work. No application has as yet been submitted for this building, however staff
Page I of4
~~,
CITY OF
ASHLAND
would note that at a typical commercial valuation of approximately $125 per square foot a 600-
700 square foot building would typically have a significantly lower valuation.
o Traffic Impacts
In reviewing the impacts of the proposed restaurant versus the existing grandfathered restaurant
use and the location in relation to the existing street system, the Public Works Department
determined that thresholds were not met to require a Traffic Impact Analysis for the
application.
o Parking: During the Planning Commission hearing, the applicants' representatives noted that
while they were unwilling to pay an in-Iieu-of-parking fee to offset the additional parking
demand associated with the proposed building, they were willing to participate by paying a
retroactive proportional share based on their parking demand if a parking district were later
formed for the downtown, noting that this would be similar to participation in a downtown
parking local improvement district (LID). The Council may wish to formalize this agreement
on the applicants' part by incorporating something similar to a standard LID participation and
non-remonstrance agreement in the Development Agreement which would be recorded on the
deed and run with the property. Language to this effect is included in Exhibit D in section B.1 0
(page 6 of Exhibit D) and Exhibit H of the attached draft Development Agreement for Council
consideration.
o Applicahility of Zone Change and Development Agreement to City Properties: There was
some discussion of whether the Development Agreement and its restrictions would apply to the
Community Center and Pioneer Hall. The applicant's original planning action proposed that all
of those properties be changed to a C-I-D zone. However, the Planning Commission's
decision as recommended by staff, was not to include the Community Center, Pioneer Hall, and
the parking lot adjacent to 51 Winburn Way in the Comprehensive Plan and Zoning Map
amendments. Thus, these properties are not subject to the Development Agreement. If the
Council chose to include these properties in the zone change, clear direction needs to be given
to staff as to how these properties are to be addressed.
o Allowed Uses within the Development Agreement: As approved by the Planning
Commission, Hotel and Motel uses which are typically a Conditional Use in the C-ICD district
are not permitted and Medical Offices, which are typically an outright permitted use in the C-I-
D district are a Conditional Use here. The applicants have requested that Hotel and Motel be
restored to a Conditional Use Permit to allow them to be addressed through a discretionary
approval process based on circumstances at the time of application, and that Medical Offices be
restored as an outright permitted use. Staff remains supportive of the Planning Commission's
decision and adopted findings.
o Option on the Property: As previously noted, staff have made the applicants aware that the
Council may determine that based on the prominent location of the proposed building and its
proximity to the downtown core, Lithia Park, and various City and Parks facilities that the
Development Agreement needs to include a "first right of refusal", "first offer", or similar
language which would give the city an option to purchase the property based on a current
appraisal before it listed for sale. Language for such an option is included in Exhibit D in
Page 2 of 4
~~,
CITY OF
ASHLAND
section B.11 (page 6 of Exhibit D) of the attached draft Development Agreement for Council
consideration.
o Non-Competition Clause: The applicants proposed draft Development Agreement includes a
clause B.9 that the city would agree not to sell food or beverages on the City parcels during
hours that Storyville or its successors are selling food. At the meeting, it was clarified that this
limitation was not intended to restrict uses at the Community Cen1er or Pioneer Hall, but rather
to limit the use of the Ice Rink support building. It was also clarified that the applicants did not
intend this restriction to apply on the Fourth of July. Revised language to this effect is included
in Exhibit D in section B.9 (page 5 of Exhibit D) of the attached draft Development Agreement
for Council consideration.
o Perpetual Easement to the Ice Rink Lot: During the last Council meeting, staff noted that
because the Ice Rink is on park land which was purchased with federal monies, it would not be
possible to grant a perpetual easement as the applicants had requested. Agreement language
could be crafted which would allow use of the portion of the property to be improved and allow
entry for security and maintenance, with such agreement to be automatically renewed unless
revoked by the city. Language to this effect has been included on page 13 in the attached draft
Development Agreement for Council consideration.
Related City Policies:
Comprehensive Plan policies found to be relevant by the City Council.
Council Options:
I. 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:
I. 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 1 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.
Page] of 4
r~'
CITY OF
ASHLAND
Attachments:
Draft Development Agreement
Notes:
The Planning Commission's Findings & Development Agreement Recommendations, II" x IT' plan
submittals and large format color photo of the building model, and a copy of a draft Development
Agreement provided by the applicants' attorney, based on Planning Commission recommendations and
preliminary discussions with Administration, Community Development, Legal and Parks staff were
provided last month.
The full record for Planning Action #20 I 0-01239 is available on-line at:
htto://www.ashland.or.us/85winbum
A large 3-D model depicting the proposed building in the streetscape context is displayed in the lobby
of the Community Development and Engineering Services Building at 51 Winburn Way, and will be
available for viewing at the Council meeting.
Page 4 of 4
~~,
Recordina Reauested Bv:
City of Ashland, Oregon
(Pursuant to ORS 94.5281
After Recordina Mail To:
CITY OF ASHLAND
LEGAL DEPARTMENT
20 E. MAIN STREET
ASHLAND, OR 97520
WI TH COPY TO,
CHRISTIAN E. HEARN, OSB # 911829
DAVIS, HEARN & BRIDGES,PC
515 E. MAIN STREET (This Space for County Recorder Use)
ASHLAND, OR 97520
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
"City"); and, .
{2} SITP, INC., an Oregon corporation (hereinafter referred to as
"SITP").
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-
1E-09BC, Tax Lots 2500,3000; and a portion of Map #39-1E-09, Tax Lot 100); and,
WHEREAS, SITP's parcel at 85 Winburn Way is currently zoned for residential use (R-1-
7.5), but has been dedicated to commercial use since the 1950s; and,
Ordinance Attachment 1 - DEVELOPMENT AGREEMENT FOR WINBURN WA Y
(Ordinance # ) (Planning Action # 2010-01239)
Page -1-
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-
098C, Tax Lot 3000), SITP desires to replace the existing dilapidated and functionally
obsolete "Parkside Cafe" (aka "Creekside Cafe") structure with a unique new commercial
building (the new "Storyville in the Park" structure) exemplifying sustainable commercial
building and design standards, incorporating the latest "green development" technology,
Ordinance Attachment 1 - DEVELOPMENT AGREEMENT FOR WINBURN WA Y
(Ordinance # ) (Planning Action # 2010-01239)
Page -2-
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 ("dbh'') (ALUO
18.61.042.0); and;
WHEREAS, the goals of promoting efficiency, implementing consistent planning
objectives, and providing mutual certainty concerning the nature and extent of
Ordinance Attachment 1 - DEVELOPMENT AGREEMENT FOR WINBURN WA Y
(Ordinance # ) (Planning Action # 2010-01239)
Page -3-
improvements to be' constructed and conditions to be imposed are all most likely
achieved if the array of City approvals, public processes, and conditions necessary to plan,
design, and implement the described improvements to Parcels 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, the City 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,
WHEREAS, on January 18, 2011, the City Council voted to "call up" Planning Action
#2010-01239 pursuant to ALUO 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
Ordinance Attachment 1 - DEVELOPMENT AGREEMENT FOR WINBURN WA Y
(Ordinance # ) (Planning Action # 2010-01239)
Page -4-
,
February 15, 2011.
WHEREAS, on February 15, 2011, the City 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 ALUO, ORS 94.513(2) and local
policies; and,
WHEREAS, on . 2011, the City 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, on . 2011 the City Council conducted and approved
the Rrst Reading of an Ordinance declaring the approval of this Development Agreement,
and associated approvals as reflected in Planning Action #2010-01239; and,
WHEREAS, on , 2011 the City Council conducted and approved the
Second Reading of an Ordinance approving this Development Agreement, and associated
approvals as reflected in Planning Action #2010-01239, with an effective date of
. 2011; and,
WHEREAS, the City Council finds and determines that this Development Agreement is
consistent with City's Comprehensive Plan, the applicable provisions of the ALUO and the
relevant provisions of the Oregon Revised Statutes 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
94.504through ORS 94.528; and,
WHEREAS, the adoption of City's Ordinance approving this Development Agreement,
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
v
Ordinance Attachment 1 - OEVELOPMENT AGREEMENT FOR WINBURN WA Y
(Ordinance # ) (Planning Action # 2010-01239)
Page -5-
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 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); Exhibit G (License for Maintenance
and Security); Exhibit H (Waiver of Remonstrance) ; 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 implementing this Development Agreement, it 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) C'SITP Parcel'} The legal description of the SITP Parcel is set
Ordinance Attachment 1 - DEVELOPMENT AGREEMENT FOR WINBURN WA Y
(Ordinance # ) (Planning Action # 2010-01239)
Page -6-
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. DEFINmONS.
4.1. "SITP, Inc." means SITP, Inc., an Oregon Corporation; and its successors and
assigns.
4.2. "ALUO" means Title 18 of the Ashland Municipal Code ("AMC"), 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.
4.10. "Comprehensive Plan" means the City of Ashland's Comprehensive Plan, as
amended. .
4.11. "ORS" means the Oregon Revised Statutes, as amended.
Ordinance Attachment 1 - DEVELOPMENT AGREEMENT FOR WINBURN WA Y
(Ordinance # ) (Planning Action # 2010-01239)
Page -7-
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.5ITP, 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
6.0 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 ALUO, and specifically City's
ALUO provisions relating to City's C-1-D Retail
Commercial District as set forth in ALUO Chapter 18.32
and as reflected in SITP's "Project Description &
Findings of Fact", as amended during the course
Ordinance Attachment 1 - DEVELOPMENT AGREEMENT FOR WINBURN WA Y
(Ordinance # ) (Planning Action # 2010-01239)
Page -8-
of developing the record in City's Planning Action
#2010-01239, which is incorporated herein by
reference and made a part hereof.
Maximum Height:
Height Limitations. The following limitations on
building height, which are more restrictive than those
applied elsewhere in the C-1-D district, shall 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.
Under no circumstances shall a building exceed 40 feet
as per ALUO 18.32.040.6 or ALUO 18.32.050.6.
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 -1-0"
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 City's C -1-0 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
& Rndings 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
Ordinance Attachment 1 - DEVELOPMENT AGREEMENT FOR WINBURN WA Y
(Ordinance # ) (Planning Action # 2010-01239)
Page -9-
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
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, 5. 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 Rnal 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
Ordinance Attachment 1 - DEVELOPMENT AGREEMENT FOR WINBURN WA Y
(Ordinance # ) (Planning Action # 2010-01239)
Page -10-
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 by this
reference.
(c) It is agreed and understood that the development of the SITP Project shall
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
Ordinance Attachment 1 - DEVELOPMENT AGREEMENT FOR WINBURN WA Y
(Ordinance # ) (Planning Action # 2010-01239)
Page -11-
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.
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 cif 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.
Ordinance Attachment 1 - DEVELOPMENT AGREEMENT FOR WINBURN WA Y
(Ordinance # ) (Planning Action # 2010-01239)
Page -12-
10.0. PROVISIONS FOR RESERVATION OR DEDICATION OF LAND FOR
PUBUC PURPOSES. [ORS 94.504(2)(e)]
10.1. Offsite Public Imorovements 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
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 (Exhibit F), City will
grant a temporary construction easement to SITP 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
temporary construction easement shall also allow for the reasonable temporary storage of
materials during the construction process. The easements shall be attached as Exhibit F.
The detailed technical terms and conditions of temporary construction easements (Exhibit
F) may be drafted and by City's Planning Division staff, in consultation with City's Legal
Department and SITP, in order to accomplish the objectives of this Development
Agreement.
10.3 Grant of License to SITP for Maintenance and Security (Exhibit G). The
City agrees to grant a license to SITP in a form to be agreed upon between the City and
SITP for a small portion of the northwest corner of the City's Ice Rink / Parking Lot
Parcel, which is immediately adjacent to the SITP Parcel and identified in Exhibit G.
The purpose of the license is to allow SITP to have reasonable access to maintain and
Ordinance Attachment 1 - DEVELOPMENT AGREEMENT FOR WINBURN WA Y
(Ordinance # ) (Planning Action # 2010-01239)
Page -13-
provide security for the improvements to be constructed by SITP that are adjacent to the
City property. The license shall be granted for a minimum of 10 years, and it will
automatically renew for additional ten year terms unless revoked in writing by the City
. after giving SITP ninety (90) days notice.
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
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 RESPONSIBIUTY FOR INFRASTRUCTURE. [ORS 94.504(2) (h)]
SITP is 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
Ordinance Attachment 1 - DEVELOPMENT AGREEMENT FOR WINBURN WA Y
(Ordinance # ) (Planning Action # 2010-01239)
Page -14-
The assumptions underlying this Development Agreement, specifically concerning the
ability of 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
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 is 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.
Ordinance Attachment 1 - DEVELOPMENT AGREEMENT FOR WINBURN WA Y
(Ordinance # ) (Planning Action # 2010-01239)
Page -15-
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,
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, Condusions of Law and Order for other approvals,
including Comprehensive Plan Map Change, Zone Map Change, Site
Design and Use Review Pennit, Physical 8. Environmental Constraints
Permit (Hillside) and Tree Removal Penn it, (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 agencies, if required.
Ordinance Attachment 1 - DEVELOPMENT AGREEMENT FOR WINBURN WA Y
(Ordinance # ) (Planning Action # 2010-01239)
Page -16-
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.
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 at the 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
Ordinance Attachment 1 - DEVELOPMENT AGREEMENT FOR WINBURN WA Y
(Ordinance # ) (Planning Action # 2010-01239)
Page -17-
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,
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 COMPUANCE 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. The City 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 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 The City Council. In accordance with the
Ordinance Attachment 1 - DEVELOPMENT AGREEMENT FOR WINBURN WA Y
(Ordinance # ) (Planning Action # 2010-01239) .
Page -18-
,
amendment/revocation procedures The City 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,
17.0. BREACH OF AGREEMENT/REMEDIES & ENFORCEMENT [ORS 94.504(2) (j))
[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
City.
17.2. In the event either Party believes a material breach ofthe 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(6),] The Parties stipulate and agree that enforcement by the filing of an action in
Jackson County Circuit 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
Ordinance Attachment 1 . DEVELOPMENT AGREEMENT FOR WINBURN WA Y
(Ordinance # ) (Planning Action # 2010-01239)
Page .19-
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
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 attomey 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
Ordinance Attachment 1 . DEVELOPMENT AGREEMENT FOR WINBURN WA Y
(Ordinance # ) (Planning Action # 2010-01239)
Page .20.
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
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 5ITP 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.
Ordinance Attachment 1 - DEVELOPMENT AGREEMENT FOR WINBURN WA Y
(Ordinance # ) (Planning Action # 2010-01239)
Page -21-
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
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,
Ordinance Attachment 1 - DEVELOPMENT AGREEMENT FOR WINBURN WA Y
(Ordinance # ) (Planning Action # 2010-01239)
Page -22-
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.
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 with the Exhibits to be attached hereto,
including legal description, prior to 5:00 p.m. on _ [DATE]~. 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
Ordinance Attachment 1 - DEVELOPMENT AGREEMENT FOR WINBURN WA Y
(Ordinance # ) (Planning Action #'2010-01239)
Page -23-
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.
21.0. ADOPTION OF ORDINANCE [ORS 94.508(1) & (2)]
The City 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. SEVERABIUTY.
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
Ordinance Attachment 1 - DEVELOPMENT AGREEMENT FOR WINBURN WA Y
(Ordinance # ) (Planning Action # 2010-01239)
Page -24-
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,
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, retum 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 fa'csimile 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 ovemight 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 SITP.lnc.ln 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. In the 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 Pa~ 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.
Ordinance Attachment 1 - DEVELOPMENT AGREEMENT FOR WINBURN WA Y
(Ordinance # ) (Planning Action # 2010-01239)
Page -26-
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
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
Agreement 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. Coooeration 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,
Ordinance Attachment 1 - DEVELOPMENT AGREEMENT FOR WINBURN WA Y
(Ordinance # ) (Planning Action # 2010-01239)
Page -27-
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.
27.9. No Third Party 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 I Title:
Address:
STATE OF OREGON)
) ss
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 SITP, 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)
) ss
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:
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
(Ordinance # ) (Planning Action # 2010-01239)
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-
098C, Tax Lot 3000):
A tract or parcel of land situated in the Northwest Quarter of Section 9, Township 39 South,
Range I East, of the Willamette Meridian in Jackson County, Oregon and being more fully
described as foilows: 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 I" 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 Deed 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, Oregcn; 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 Deed Records of Jackson County,
Oregon; thence Soulh 67057'05" East (deed record South 68' East) along the n.ortherly
boundary line of the last recited volume and page, 91.40 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 5/8" 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 BC 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-lE-()9BC, Tax Lot 2500):
(Legal description to be inserted)
3. City's Ice Rink / Parking Lot Parcel (Winburn Way and Nutley
Street; that portion of Assessor's Map 39-lE-09, Tax Lot 100,
lying west of Winburn Way, and north of Nutley Street):
(Legal description to be inserted)
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
(Preliminary Title Reports and Title Company Certification to be
inserted / attached)
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
tORS 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 irnprovernents 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 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 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 "e" t.o Ordinance Attachment 1
Devel.opment Agreement f.or Winburn Way
(Ordinance # _) (Planning Acti.on # 2010-01239)
1
EXHIBIT D
SPECIAL CONDITIONS
A. CONDITIONS APPENDED TO CITY PLANNING COMMISSION
APPROVAL DATED JANUARY 11, 2011:
1) That all proposals of the applicant shall be 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 part 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
sections B.12 through B.1S of this Exhibit.
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 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
Exhibit "D" to Ordinance Attachment 1
Development Agreement for Winburn Way
(Ordinance # _) (Planning Action # 2010-01239)
2
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 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 corridor, in those
areas least visible from the street while considering the access needs
of the Electric Department.
f) That exterior building materials and paint colors shall be compatible
with 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 of the 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 18.62,080.F, and a final comprehensive geotechnical
investigation report and specific soil engineering design
recommendations shall be provided along with written verification from
the project geotechnical experts addressing the consistency of the
building permit design submittals with these geotechnical
recommendations (e.g. foundation plan, grading plan and drainage
plan, required geotechnical inspection schedule, etc.) with the building
permit submittals.
i) That the applicants develop a construction timing, staging and
Exhibit OlD" to Ordinance Attachment 1
Development Agreement for Winburn Way
(Ordinance # _) (Planning Action # 2010-01239)
3
circulation plan to 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 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 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 permit.
c) That the applicants shall obtain approval of a Demolition/Relocation
Permit 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 multiple/flexible 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 streetscape, The locations of mechanical equipment and
any associated screening shall be shown on the site plan and
Exhibit "D" to Ordinance Attachment 1
Development Agreement for Winburn Way
(Ordinance # _) (Planning Action # 2010-01239)
4
elevations in the building permit submittals.
g) The requirements of the Building 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 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 around the building; that adequate fire flow be provided;
that adequate clearance be provided around 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 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-technical engineer and the Staff
}\dvisor 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 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
18,72.115.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 street 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
Exhibit "D" to Ordinance Attachment 1
Development Agreement for Winburn Way
(Ordinance # _) (Planning Action # 2010-01239)
5
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 final occupancy approval. The ice rink support
building shall accommodate all of the uses noted (administrative office
space, skate storage/rental, public re5troom5 and zamboni garage)
and be adequately sized to do 50; 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, permitting and
associated fees and charges, and construction of the building shall 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) Non-compete Regarding Sale of Food and Beverages by the City. City
agrees not to sell food and beverages on the City Ice Rink / Parking Lot Parcel during
hours that SITP or it successors or assigns are selling food and beverages on the SITP
Parcel. This restriction applies solely to the City Ice Rink and does not apply to the
Community Center or Pioneer Hall. In addition, this provision does not restrict the sale
of food or beverage by private parties that are given permission to sell items as part of
a temporary agreement or fund raiser on the City Ice Rink / Parking Lot Parcel.
Exhibit "0" to Ordinance Attachment 1
Development Agreement for Winburn Way
(Ordinance # _) (Planning Action # 2010-01239)
6
10) Waiver of Remonstrance. SITP waives the right to remonstrate against any LID
or other financing mechanism that results in an assessment for a parking improvement,
as shown in Exhibit H.
11) Right of First Offer to Purchase. If SITP chooses to sell the SITP Parcel, SITP
must first offer the SITP Parcel to the City for the fair market value. The fair market
value of the SITP Parcel shall be determined by an appraisal of the property by a real
estate professional selected by SITP and agreed upon by the City. This right of first
offer shall expire twenty (20) years from the date the Development Agreement is
executed.
12) 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: ..I..~
.z>> e;llT'
.j A. Professional, financial, and business and medical offices and personal service
establishments such as beauty and barber shops.
B. Stsres, stmps-o.nrl nffirp<;E,pplyiA!l cSFf1FRs8iti5br performing services, such
as antique shops, artists supply stores, or non-chain department stores,
JS Restaurants: Specially defined in this Development Agreement as restaurants
which may include the sale of alcohol as regulated by the Oregon Liquor
Control Commission ("OlCC'') and compliant with OlCC's "F-COM" On-
Premises Commercial Sales License under OAR 845-006-0460. Alcoholic
beverages and entertainment are permitted as long as food service remains
the primary use and the availability of alcohol is .not such that minors are
prohibited from the property during any of the hours of operation,
j D, Theaters, but not including a drive-in,
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.
Printing, publishing, lithography, xerography, copy centers.
G. Temporary tree sales, from November 1 to January 1.
.j H. Public and quasi-public utility and service buildings, public parking lots, but
excluding electrical substations.
Exhibit "D" to Ordinance Attachment 1
Development Agreement for Winburn Way
(Ordinance # _) (Planning Action # 2010-01239)
7
13) 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. ~ys, auditoriums, skating rinks and mjniilh or\! !lalf CVUI ,,~s, 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% ef the total gfG6641eeF area af ttle !lfeuRd /'lOOF, 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.
"1 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.
14) 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 Permits:
Exhibit "D" to Ordinance Attachment 1
Development Agreement for Winburn Way
(Ordinance # _) (Planning Action # 2010-01239)
8
1\ A. Medical offices.
B, Temporary uses.
NC. Outdoor storage of commodities associated with a permitted, special
permitted or conditional use,
~. D. Churches or similar religious institutions.
~ E. Hotels and motels.
15) 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.
16) Alternative Transportation Mode Encouragement Program. As part of this
Development Agreement SITP shall encourage mu!ti-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,
17) 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,
18) Systems Development Charges for Applicant-Constructed
Improvements to City-Owned Parcels. City will not levy systems
Exhibit "D" to Ordinance Attachment 1
Development Agreement for Winburn Way
(Ordinance # _l (Planning Action # 2010-01239)
9
development charges ("SDCsU) 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 "Zamboniu 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 "0" to Ordinance Attachment 1
Development Agreement for Winburn Way
(Ordinance # _) (Planning Action # 2010-01239)
1
EXHIBIT E
APPROVED SITE PLAN
(Approved Site Plan to be inserted / attached prior to final adoption
of Ordinance approving Development Agreement.)
Exhibit "E" to Ordinance Attachment 1
Development Agreement for Winburn Way
(Ordinance # _) (Planning Action # 2010-01239)
1
EXHIBIT F
EASEMENTS FOR CONSTRUcnON
[Easement language for temporary easement for construction and
temporary easement for storage of construction materials during
construction to be inserted / attached prior to final Ordinance
adopting Development Agreement.]
Exhibit "F" to Ordinance Attachment 1
Development Agreement for Winburn Way
(Ordinance # _) (Planning Action # 2010-01239)
1
EXHIBIT G
UCENSE FOR MAINTENANCE AND SECURITY
[License language for maintenance and security affecting small
portion of northwest corner of City Ice Rink / Parking Lot Parcel
(immediately adjacent to srrp Parcel) to be inserted / attached
prior to final Ordinance adopting Development Agreement.}
Exhibit "F" to Ordinance Attachment 1
Development Agreement for Winburn Way
(Ordinance # _) (Planning Action # 2010-01239)
EXHIBIT H
WAIVER OF REMONSTRANCE TO THE FORMATION OF A
LOCAL IMPROVEMENT DISTRICT OR OTHER SHARED FINANCING MECHANISM FOR
PARKING IMPROVEMENTS IN THE CITY OF ASHLAND
STATE OF OREGON
)
) ss
)
Planning Action No, 2010-01239
County of Jackson
WHEREAS, SITP, Inc., hereinafter SITP, seeks approval of a zone change in City of
Ashland Planning Action No. 2010-01239 for the following real property located within
the Ashland city limits, of Jackson County, Oregon, and described in Exhibit A of the
Development Agreement; and
WHEREAS, the City of Ashland, has conditioned approval of Planning Action No. 2010-
01239 on the recording of SITP's Waiver of Remonstrance to the Formation of a Local
Improvement District or other financing mechanism for the construction of parking
improvements at some future date, as provided in the City of Ashland land use decision
dated . 2011;
NOW THEREFORE,
1. SITP agrees to sign and record the Waiver of Remonstrance provided in Exhibit H as
part of this agreement. SITP hereby waives its rights, as provided under the Ashland
City Code, and ORS Sections 223.117, 223,118, 223.389 and ORS 223,391 to have its
written or oral objection to a proposed local parking improvement counted for purposes
of determining whether there are, by law, sufficient objections to force the City to
abandon the proposed parking improvement, including but not limited to the formation
of a local improvement district. SITP, however, does not waive its right to submit
written testimony or to appear before the Ashland City Council at any public hearing to
object or otherwise testify about the whether the assessment against the subject
Exhibit "H" to Ordinance Attachment 1
Development Agreement for Winburn Way
(Ordinance # _) (Planning Action # 2010-01239)
Page 1 of 2
property represents that property's proportionate share of the parking improvement.
SITP waives the right to remonstrate against any UD or other financing mechanism
that results in an assessment for a parking improvement
2. It is the intent of SITP that this Waiver of Remonstrance shall be a condition and
covenant that shall run with the land and be binding upon the real property described
herein above and shall be binding upon SITP's heirs, executors, assigns and successors.
This Agreement remains ih full force and effect after the termination of the
development agreement.
IN WITNESS WHEREOF, this document is executed this _ of
2011.
SITP's authorized representative/agent
STATE OF OREGON )
) ss
County of Jackson )
This instrument was acknowledged before me on
by SITP's duly authorized representative,
,2011,
Notary Public for Oregon
My commission expires:
Martha Bennett, City Administrator
STATE OF OREGON )
) ss
County of Jackson )
This instrument was acknowledged before me on
by Martha Bennett, the City of Ashland City Administrator.
,2011,
Notary Public for Oregon
My commission expires:
Exhibit "H" to Ordinance Attachment 1
Development Agreement for Winburn Way
(Ordinance # _) (Planning Action # 2010-01239)
Page 2 of 2
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Renewal of Ashland Gun Club Lease
March 1,2011 Primary Staff Contact:
Legal E-Mail:
Public Works Secondary Contact:
Martha Bennet Estimated Time:
Megan Thornton
.thorntm@ashland.or.us
Mike Morrison, Jr.
30 minutes
Question:
Does the Council wish to approve an order authorizing a lease ofreal property to the Ashland Gun
Club?
Staff Recommendation:
Staff recommends that the Council take public testimony and approve the attached lease. If Council
wishes changes, then Staff recommends Council direct Staff to negotiate with the Gun Club.
Background:
The Ashland Gun Club (Gun Club) has been leasing the property from the City to use as a gun club
facility since at least 1968. The City leases the Gun Club approximately 32 acres of the 65 acres it
owns in that area. The Gun Club provides pistol, rifle, bow and arrow, and shotgun facilities. The
current Gun Club Lease expired in June 2009. The Council authorized a one year extension in 2009
and 2010. The current extension will expire on May 30,2011.
This lease has been in the process of negotiation since the Gun Club presented a proposed lease to the
City in June of2007. On June 16,2008, the gun club lease was discussed at a Council Study Session,
and on July 15,2008, staff proposed a lease to the Council that incorporated modifications. At the July
2008 Council Meeting, the Council made additional changes to the lease and those changes were
reviewed by the Council at its meeting on August 5, 2008. However, many of the changes made by
Council substantially changed the lease terms that the Gun Club had approved prior to the July 15th
meeting. In addition, the Council decided to undertake the environmental assessment before entering
into a long term lease with the Gun Club. At the conclusion of the environmental assessment the City
reevaluated the lease and its terms and began renegotiating a lease with the Gun Club.
Draft Lease Terms:
Staff has modified the draft lease. The modifications attempt to incorporate feedback from the
Council, gun club members, and neighboring property owners received at the study session. The term
of the lease is a major concern for the Gun Club because if they cannot demonstrate that they will have
use of the property for at least 10 years the Gun Club states that they will not be eligible for many
grants that are available. Therefore, the term of the lease proposed is 10 years with a maximum
possible term of 15 years. The lease also contains two types of provisions that have been discussed at
length as important aspects of the lease: I) good neighbor issues, and 2) environmental issues, such as
lead clean-up.
The good neighbor issues that are addressed in the lease include things such as:
. Limiting hours of option section 4.2( I),
. Limiting the types of weapons that can be fired section 4.2(4),
PaJ2;e I of2
~~,
CITY OF
ASHLAND
. Providing notice to neighbors for unusual uses, such as night training for police or military, and
. Limiting access to the property.
The environmental issues that are addressed in the lease include:
. Limitations on hazardous substances in section 4.3,
. Development of an Environmental Stewardship Plan that specifies prevention, strategies as
well as remediation strategies in section 4.4(2),
. Lead remediation and removal pursuant to a Schedule in section 4.4(3),
. Completion of a lead distribution study by the City in section 4.4(3), and
. Protection of the Riparian Corridor in section 4.6, which includes completing a lead
distribution study and surface water testing.
Land Use Issues:
It is important to be aware of the fact that the City property that the City leases to the Gun Club is
outside of city limits and the urban grow1h boundary. It is zoned as Open Space Reserve (OSR) by the
county and it is surrounded by properties that are zoned for Exclusive Farm Use (EFU). This
designation would limit the Council's ability to utilize the property ifit chose not to renew the Gun
Club lease.
Related City Policies:
None
Council Options:
I) Approve an order authorizing the proposed lease of real property.
2) Provide direction to staff for further revisions to the lease agreement.
3) Decline to renew the lease agreement.
Potential Motions:
(I) Move to approve an Order of the City Council authorizing the lease of real property to the
Ashland Gun Club.
(2) Move to continue the matter to [date certain].
Attachments:
. Revised Lease Agreement with attachments
. Existing Lease Agreement - June], 1994 to June], 2009
. Study session Council Communication for June] 6,2008 - attachments available online
Page 2 of2
r~'
ASHLAND GUN CLUB LEASE AGREEMENT
THIS AGREEMENT is entered into between the CITY OF ASHLAND, OREGON, by
and through the City Council, hereinafter referred to as Lessor, and the ASHLAND
GUN CLUB, INC., hereinafter referred to as Lessee.
Whereas, Lessor is the owner of certain real property located in Jackson County,
Oregon; and
Whereas, the Lessor has formally leased the Property to Lessee since 1968 so that the
Lessee could use the property as a shooting range and Ashland Gun Club facility; and
Whereas, the current lease has been in effect since 1994 and it expired on May 30,
2009;
Whereas, the Lessee has been allowed to continue leasing the property on a month-to-
month basis until May 30, 2011, to allow for lease negotiations and completion of
environmental testing; and
Whereas, the Lessee would like to be eligible for grants from the State of Oregon and
Federal agencies that provide funds for Hunter/Shooter Safety training, range
improvements, lead abatement and other programs; and
Whereas, many grant programs require applicants to have remaining lease periods of
ten years or more; and
Whereas, the Lessor wishes to enter into a new lease that will further the public interest
by meeting grant requirements, requiring lead remediation, and establishing conditions
and restrictions on the use of the Property that will address the concerns of abutting
property owners and the City.
NOW THEREFORE, LESSOR AND LESSEE HEREBY AGREE AS FOLLOWS:
1. DEFINITIONS.
The following definitions shall apply to this document:
(1) Aqreement: this document, entitled Ashland Gun Club Lease Agreement, and
any exhibits incorporated herein.
(2) Alterations: include the addition or removal of any buildings, sheds, structures,
or the installation of any utilities, pipes, wiring, cables, and conduit on the
Property.
(3) Automatic Weapons: a firearm that reloads itself and continues to fire until the
trigger is released.
(4) Bodilv Iniury: any damage to a person's physical condition including pain or
illness, including but not limited to, an injury resulting in death.
(5) Effective Date: July 1,2010, the date this Agreement will take effect.
(6) Emerqencv: any human caused or natural event or circumstances causing or
threatening loss of life, injury to person or property, human suffering or financial
loss that is declared an emergency pursuant to AMC 2.62, and includes, but is
Ashland Gun Club Lease Agreement
Page I of 12
not limited to, fire, explosion, flood, severe weather, drought, earthquake, spills
or releases of oil or hazardous material, contamination, disease, blight,
infestation, civil disturbance or riot.
(7) Environmental Law: any federal, state, or local statute, regulation, or ordinance
or any judicial or other governmental order pertaining to the protection of
health, safety, or the environment.
(8) Hazardous Substance: any hazardous, toxic, infectious, or radioactive
substance, waste, or material as defined or listed by any Environmental Law
and shall include, without limitation, lead, petroleum oil and its fractions.
(9) Lessee: Ashland Gun Club, Inc.
(10) Lessor: the City of Ashland.
(11) Premises: the Property described on Exhibit A (except for remnants, structures
and areas with historic significance, including, Pompadour Springs, all pipes,
facilities and sources for obtaining Lithia water and all features marked on
Exhibit C) and any alterations or improvements constructed by Lessee.
(12) Propertv: certain real property located in Jackson County, Oregon, and
described fully in Exhibit A, attached hereto and incorporated herein by this
reference.
(13) Sunset: the setting or descent of the sun below the horizon in the evening as
determined by the Astronomical Applications Department of the United States
Naval Observatory.
2. LEASE OF PROPERTY AND TERM OF LEASE.
2.1. Agreement to Lease. In consideration of the rent to be paid and coven.ants to be
performed by Lessee under this Agreement, Lessor hereby agrees to lease the Property
to Lessee, and Lessee agrees to lease the Property from Lessor on the terms and
conditions set forth in this Agreement.
2.2. Original Term. The term of this lease shall be for a period of fifteen years,
commencing on the Effective Date and the lease may be extended after expiration of
the first 10 years in accordance with Section 2.3, unless terminated earlier as provided
in this Agreement.
2.3. Extension Option. If the Agreement is not in default after the first ten years of the
lease term has elapsed, the lease shall operate as follows:
(1) Method of Extension; Lease Term. After the initial ten years of the lease has
elapsed on June 30, 2021, the lease must be extended each year for the
remainder of the lease term by giving written notice to Lessor at least 90 (ninety)
days before June 30th starting in the year 2021.
Each of the extension terms shall commence on July 1 st (the day following
expiration of the preceding year) and shall continue for ten years. (See Table
next page). Giving such notice shall be sufficient to make the Agreement binding
for a renewal term of ten years unless the Lessor objects to the renewal request.
(2) Reiection of Extension Reauest. The Lessor may reject Lessee's request to
extend and renew the lease by providing written notice to the Lessee that the
extension request will not be accepted within forty-five (45) days of receipt of the
extension request from the Lessee. Failure to respond within 45 days of receipt
Ashland Gun Club Lease Agreement
Page 2 of 12
of the extension request indicates that the Lessor accepts the renewal of the
lease.
(3) Adiustment of Rent Provision. The Lessor shall have the opportunity to adjust
the rent established by this Agreement in section 3 once every three (3) years,
starting in 2021. (See Table next page.) All other terms of this Agreement shall
remain the same.
March 30, 2021'
March 30, 2022
March 30, .2023
March 30, 2024"
March 30, 2025
June 30, 2032
June 30, 2033
June 30, 2034
June 30, 2035
Jul 1, 2025 June 30, 2036
, = years the rent terms may be reviewed.
Section 2.4. Emergency Termination. In the case of an Emergency the Lessor may
immediately terminate the lease and take possession of the Premises. If the Lessor
exercises this right, the Lessor assumes all obligations of any grants and any
obligations associated with any environmental assessments andlor any management
plan adopted pursuant to Section 4.6 that Lessee has incurred obtainod due to this
lease. In addition, Lessee will not be required to return the Premises to its original
condition if the Lessor exercises this right. ,
3. RENT AND OTHER CONSIDERATION.
3.1. Rent. All taxes, insurance costs, utility charges, and other costs that Lessee is
required to pay by this Agreement, and any other sums that Lessee is required to pay to
Lessor or third parties shall be considered rent.
3.2. Required Community Events.
(1) Siqhtinq-In Weekend. The Lessee shall provide access to its shooting ranges,
during normal operating hours, free of charge for one weekend prior to the
regular deer and elk hunting seasons as published in the Oregon Big Game
Regulations by the Oregon Department ofFish and Wildlife. Lessee shall also
provide Range Officers and other assistance as necessary to enforce
regulations, safety and otherwise, during the weekend.
(2) Communitv Open House Weekend. The Lessee shall provide access to' the
Premises during normal operating hours for all neighbors and community
members at least one weekend per year to explain the programs and
opportunities provided by the Lessee. Lessee may provide the opportunity for
visitors to fire weapons on the range under strict control of the Lessee's Range
Officers.
(3) Historic Dav. Lessee shall provide access to the Property for all neighbors and
community members during normal op~rating hours for at least one day per year
in which the shooting ranges will be closed to shooting. During the event
activities will be focused ,on the historic importance of the site.
Ashland Gun Club Lease Agreement
Page 3 of 12
4. USE OF PREMISES.
4.1. Permitted Use. The Premises shall be used as a firearms training facility that
provides indoor and/or outdoor facilities that allow the use of rifles, pistols, shotguns,
and archery equipment. A number of facilities are already present on the facility and
Lessee shall have the rights to such facilities. The Lessee shall have the right to
construct such facilities as are normally associated with such use, including, but not
limited to, ranges, berms, targets, target sheds, club buildings and parking lots, with the
approval of Lessor and Jackson County.
4.2. Restrictions on Use.
(1) Hours of ODeration. Lessee shall post the hours of operation for the shooting
ranges with a phone number where a responsible party can be reached. The
hours of operation for the shooting ranges shall be: Monday through Friday from
8AM to 8PM or Sunset, whichever is earlier, and Saturday and Sunday from 9AM
to 8PM to Sunset, whichever is earlier.
(a) EXCEPTION. The Ashland Police Department may utilize the shooting
ranges outside of the standard hours of operation for specialized training
by having the Ashland Gun Club provide notice of specialized training
sessions in its newsletter and to the Lessor in accordance with Section
13.3 at least thirty (30) days before the training session. If a training
session is scheduled after the monthly newsletter is published, or so that
the newsletter will not be received in time to give nearby property owners
adequate notice, the Lessee must notify nearby property owners of the
event by other means at least two weeks before the event.
(2) Holiday Closures. The Lessee shall close the Premises completely for four
holidays each calendar year. The four dates for which the Premises will be
closed to all shooting activity will be listed in the first Gun Club Newsletter of
each calendar year.
(3) Areas not Subiect to Permitted Use. Lessee shall not be permitted to use the
pipes and access points for Lithia water, the remnants of historic buildings or
structures, or the remnants of Pompadour Springs. The Lessor retains all rights
to use and maintain areas of historic significance on the Property without
interfering with scheduled events and uses of Lessee.
(4) Firearm Restrictions. The following firearms shall not be used on the shooting
ranges:
(a) Firearms that exceed 6000 foot-pounds of muzzle energy; and
(b) Automatic Weapons,' unless the weapon is being fired in a standard or
semi-automatic mode.
(5) Shotqun Ranqe. Lessee may be required to reorient the shotgun range,
discontinue skeet or trap shooting, or install mitigating measures, such as a shot
curtain, to prevent harm to wetlands and other properties affected by shot
distribution if necessary pursuant to the lead distribution study completed by
Lessor.
(6) Overniqht Events. Lessee shall only be permitted to have one (1) overnight
event per calendar year in which participants stay overnight for a multiple day
event on the Premises. The hours of operation for the shooting ranges must be
strictly complied with during the course of the event.
Ashland Gun Club Lease Agreement
Page 4 of 12
(7) Removal of Minerals and Gravel. Lessee shall not relocate or remove any
minerals, rock, gravel or soil on or from the premises without the permission of
the Lessor.
4.3. Hazardous Substances. Lessee may use or otherwise handle only those
Hazardous Substances typically used or handled in the prudent and safe operation of
the use specified in section 4.1. Lessee shall refrain from causing Hazardous
Substances, other than lead, to be spilled, leaked, disposed of, or otherwise released
on or under the Property. Lessee may store such Hazardous Substances on the
Property only in quantities necessary to satisfy Lessee's reasonably anticipated needs.
Lessee shall comply with all Environmental Laws and exercise the highest degree of
care in the use, handling, and storage of Hazardous Substances and shall take all
practicable measures to minimize the quantity and toxicity of Hazardous Substances
used, handled, or stored on the Property.
4.4Lead Remediation.
(1) Ranae Desianer and Best Manaaement Practices. Lessee, in coordination with
Lessor, shall hire a range designer to evaluate the premises and specify specific
range management practices to implement with recommended deadlines in an
Environmental Stewardship Plan (Plan), which shall be attached as Exhibit E
upon completion.
(2) Environmental Stewardship Plan. Lessee, in coordination with Lessor, will
develop and adopt a management plan, also known as an Environmental
Stewardship Plan, that, at a minimum, identifies remediation, prevention, and
control strategies for lead within 18 months of lease signing. All range
management practices must comply with the Environmental Protection Agency's
most current version of the Best Management Practices for Lead at Outdoor
Shooting Ranges (EPA's Best Practices) to minimize and manage lead
contamination of the Premises. All requirements of the Plan shall be binding on
Lessee. Lessee shall comply with the terms and timelines of the Plan developed
as a result of the range designer's assessment and Lessor's environmental
assessment and studies. Failure to develop an Environmental Stewardship Plan
shall constitute grounds for termination.
(3) Lead Removal. Lessee shall begin an initial lead removal operation on the
Premises pursuant to the Lead Remediation & Removal Schedule (Schedule)
that will be attached as Exhibit F at the conclusion of the lead distribution study
completed by Lessor. Lessee agrees to remove lead as required by the
Schedule in accordance with all applicable laws. If the existence of lead at any
time in the future warrants testing and/or removal by requirement of
environmental law, Lessor and Lessee agree to share the cost equally. On the
expiration or termination of this Agreement, Lessee shall remove, at its own
expense, all lead from the Property, wetlands and other properties with shot
distribution that exceeds permissible levels, as identified in the Oregon
Department of Environmental Quality's regulations for the potential uses of the
property pursuant to a beneficial use determination or equivalent study.
(4) Financial Securitv. Beginning in 2021, Lessor shall have the right to require
Lessee to post financial security for environmental clean-up of the site related to
the Gun Club's use as a condition of an extension under Section 2.3. Each year
an extension is granted Grantee may be required to post at least a proportion of
Ashland Gun Club Lease Agreement
Page 5 of 12
r.>
the total amount deemed necessary to perform lead removal on the site. The
amount and the form of the financial security must be approved by the Finance
Director and City Attorney. It is the intention of the Lessor and Lessee that
grants and other environmental remediation programs during the term of the
Agreement will either reduce the amount of security or make posting financial
security unnecessary. However, if Lessee is more than six months late in
complying with the Schedule or the Plan, Lessor can require Lessee to post
financial security.
4.5. Compliance with Laws. Lessee shall, at Lessee's own cost and expense, comply
with all federal, state, and local statutes, ordinances, regulations, rules and
requirements, relating to Lessee's use and occupancy of the Property. This Lease does
not authorize any use of the Property in violation of applicable land use laws and
regulations. .
4.6. Environmental Assessment I Riparian Corridor. The Lessor and the Lessee
agree to complete additional testing recommended by the Oregon Department of
Environmental Quality, including a lead distribution study and surface water testing, by
December 31, 2011. At a minimum the lead distribution study shall: 1) determine the
distribution of lead on the premises and surrounding areas, 2) determine the volume of
impacted soil, and 3) develop feasible remediation options that include time frames;
costs, and ongoing monitoring and removal for the entire Property and other affected
properties. The Lessee shall abide by the Water Resources Protection Chapter of the
Ashland Municipal Code, including all prohibitions against alterations in the riparian
corridor. If lead is discovered in the riparian zones, then a plan will be developed to be
approved by the Community Development Department Director that will address lead
removal, disposal, and restoration of the riparian zones. After lead abatement is
complete in the riparian area and a containment screen is constructed to prevent future
contamination of the riparian zone, or earlier upon written request of the City, the
riparian area will be removed from the leased premises by formal amendment.
5. MAINTENANCE, REPAIRS AND RESTORATION.
5.1. Lessor's Obligations. Lessor shall be under no obligation to make or perform
any repairs, maintenance, replacements, alterations, or improvements on the Property
except for repairs and maintenance of the Lithia Springs Water facilities and other
historic areas on the Property, including any existing lines or new lines that need to be
installed to maintain Lessor's access to Lithia water, and maintenance of the riparian
zones marked on Exhibit D. Lessor retains the right to adopt and institute a historical
resource management plan for the benefit of historic areas marked on Exhibit C.
Lessor will assume responsibility for any environmental clean-up that is required if the
environmental assessment shows that there is contamination that is not the result of
Lessee's activities.
5.2. Lessee's Obligations. Lessee shall be responsible for:
(1) Repairs and maintenance of the boundary fence of the Property and Lessor's
adjacent property described in Exhibit B.
(2) Any repairs necessitated by the negligence of Lessee, its agents, employees,
and invitees.
Ashland Gun Club Lease Agreement
Page 6 of 12
(3) Any repairs or alterations required under Lessee's obligation to comply with laws
and regulations as set forth in Section 4.4.
(4) Any relocation or reorientation of Lessee's facilities that is required to allow for
future construction, protection, and safe use of the Bear Creek Greenway.
(5) The removal of lead and lead contamination from the Property, wetlands and
other properties with shot distribution, that exceeds permissible levels, and
payment for such removal as long as the lead contamination is caused by
Lessee's activities.
5.3. Lessor's Interference with Lessee. In performing any repairs, replacements,
alterations, or other work performed on or around the Property, Lessor shall not cause
unreasonable interference with use of the Premises by Lessee. Lessee shall have no
right to an abatement of rent nor any claim against Lessor for any inconvenience or
disturbance resulting from Lessor's activities performed in conformance with the
requirement of this provision.
5.4. Lessee's Duty to Restore Premises. If at any time during the term of this
Agreement, any improvements now or hereafter on the Premises are destroyed in
whole or in part by fire, theft, the elements, or any other cause not the fault of Lessor,
this Agreement shall continue in full force and effect. In such event, Lessee shall have
the option of either causing the damaged or destroyed improvements to be removed
from the Premises or, alternatively, Lessee may repair and restore the damaged
,
improvements. In the event that Lessee causes the damaged or destroyed.
improvements to be removed from the Premises, Lessee may, at Lessee's discretion,
cause replacement structures to be erected on the Premises.
6. OWNERSHIP OF ALTERATIONS.
6.1. Alterations Prohibited. Lessee shall not make Alterations or improvements on
the Premises without first obtaining Lessor's written consent, and Lessor's consent will
not be unreasonably withheld. All Alterations shall be made in a good and workmanlike
manner, and in compliance with all laws and building codes.
6.2. Ownership and Removal of Alterations. Title to all Alterations or improvements,
existing or hereafter constructed on the Premises by Lessee shall be and remain the
property of Lessee and may be removed by Lessee at expiration of this Agreement. In
the event that Lessee fails to remove any Alteration located on the Premises at the
expiration of this Agreement, then such Alteration shall be and become the property of
Lessor. However, Lessor may elect to remove such Alterations and charge the
expense of such removal, and the physical damage resulting from the removal, to
Lessee. In the event Lessor elects to remove the Alterations, Lessor shall make its
election within 60 days after expiration or termination of this Agreement and shall notify
Lessee of any such election.
7. INSURANCE; INDEMNIFICATION; LIENS
7.1. Liability Insurance. Lessee, at its sole cost and expense, commencing on the
Effective Date, and continuing during the lease term, shall procure, pay for and keep in
full force and effect comprehensive commercial general liability policy (occurrence
version) in a responsible company with coverage for Bodily Injury and property damage
liability, personal and advertising injury liability, blanket contractual liability, contractual
AsWand Gun Club Lease Agreement
Page 7 of 12
liability for obligations assumed under this Agreement, and medical payments with a
general aggregate limit of not less than $2,000,000 per occurrence for combined single
limit bodily injury and property damage claims, or $500,000 per occurrence for bodily
injury and $250,000 per occurrence for property damage. Such insurance shall cover all
risks arising directly or indirectly out of Lessee's activities on the Property or any
condition bf the Property. Such insurance shall name Lessor as an additional insured.
Certificates evidencing such insurance and bearing endorsements requiring 10 days
written notice to Lessor before any change or cancellation of the policy shall be
furnished to Lessor before Lessee's occupancy of the property.
7.2. Indemnification. To the fullest extent permitted by law, Lessee shall indemnify,
defend, and hold Lessor harmless from, and reimburse Lessor for, any cost, claim, loss,
Bodily Injury (including injury resulting in death), or liability that is suffered directly or
from a third-party claim arising out of, or related to: 1) any activity of Lessee, or any
agent, contractor, servant, invitee, licensee or employee of Lessee on the Property, 2)
any condition of the Property in the possession or under the control of Lessee, 3) an act
or omission of Lessee or any agent, contractor, servant, invitee, licensee or employee of
Lessee, or 4) any failure by Lessee to perform all of its obligations under environmental
laws, including any failure to perform during Lessee's previous occupation of the
Property, or 5) any breach by Lessee under this Agreement. Lessor shall have no
liability to Lessee for any injury, loss, or damage caused by third parties, or by any
condition of the Property, unless it is caused in whole or in part by Lessor's negligence.
This obligation to indemnify shall survive termination of the lease and include
reasonable attorneys' fees, including attorneys' fees on appeal, and investigation costs
and all other reasonable costs, expenses and liabilities incurred by Lessor or its
attorney from the first notice that any claim or demand is to be made or may be made.
In case that an action or proceeding is brought against Lessor because of such claim,
Lessee, upon notice from Lessor, agrees to defend such action or proceeding by hiring
counsel reasonably satisfactory to Lessor.
7.3. Liens.
(1) Except with respect to activities for which Lessor is responsible, Lessee shall pay
as due all claims for work done, services rendered, or materials furnished to the
Property, and shall keep the Property free from any liens. If Lessee fails to pay
any such claims or to discharge any lien, Lessor may do so and collect the cost
as additional rent. Such action by Lessor shall not constitute a waiver of any right
or remedy which Lessor may have on account of Lessee's default.
(2) Lessee may withhold payment of any claim in connection with a good-faith
dispute oiler the obligation to pay, as long as Lessor's property interests are not
jeopardized. If a lien is filed as a result of nonpayment, Lessee shall, within 10
days after knowledge of the filing, secure the discharge of the lien or deposit with
Lessor cash or sufficient corporate surety bond or other surety satisfactory to
Lessor in an amount sufficient to discharge the lien plus any costs, attorney fees,
and other charges that could accrue as a result of a foreclosure or sale under the
lien.
8. TAXES; UTILITIES.
8.1. Payment of Taxes. Lessee shall pay all real property taxes and special
assessments levied upon the leased Property during the term of the Agreement.
Ashland Gun Club Lease Agreement
Page 8 of 12
Lessee shall not cause any liens or encumbrances to be imposed upon the leased
Property and if any lien or encumbrance is imposed upon such Property, Lessee shall
proceed to remove the lien or encumbrance immediately.
8.2. Proration of Taxes. Lessee's share of real property taxes and assessments for
the years in which this Agreement commences or terminates shall be prorated based on
the portion of the tax year that this Agreement is in effect.
8.3. Utilities. Lessee agrees to payor cause to be paid all utilities utilized in connection
with the Property during the term of this 'Agreement.
9. REPRESENTATIONS.
9.1. Lessor's Warranty. Lessor warrants that it is the owner of the Property and has
the right to lease it free of all encumbrances. Lessor will defend Lessee's right to quiet
enjoyment of the Property from the lawful claims of all persons during the lease term.
9.2. Lessee's Warranty. Lessee warrants that it has the power to enter into this
Agreement and that Lessee will abide by all of the terms and conditions of this
Agreement.
10. ASSIGNMENT AND SUBLEASING.
No part of the Property may be assigned, mortgaged, or subleased, nor may a right of
use of any portion of the Property be conferred on any third person by any other means,
without the prior written consent of Lessor. This provision shall apply to all transfers by
operation of law. No consent in one instance shall prevent this provision from applying
to a subsequent instance. Lessor may withhold or condition such consent in its sole and
arbitrary discretion.
11. DEFAULT.
11.1. Default in Other Covenants. If Lessee fails to comply with any term or condition
or fulfill any obligation of this Agreement within 20 days after written notice from Lessor
specifying the nature of the default with reasonable particularity, the Lessee shall be
held to have breached the terms of this Agreement. If the default is of such a nature that
it cannot be completely remedied within the 20-day period, then Lessee will not be
found in default as long as Lessee begins correction of the default within the 20-day
period, and thereafter proceeds with reasonable diligence and in good faith to effect the
remedy as soon as practicable. .
11.2. Abandonment. Failure of Lessee to occupy the Premises for 90 days or more
shall result in default unless the Lessor consents to the absence in writing.
12. REMEDIES ON DEFAULT.
12.1. Termination. In the event of a default, the Agreement may be terminated at the
option of Lessor by written notice to Lessee. Whether or not the Agreement is
terminated by the election of Lessor or otherwise, Lessor shall be entitled to recover
damages from Lessee for the default, and Lessor may reenter, take possession of the
Property. Lessor may remove any persons or property by legal action or by self-help
with the use of reasonable force, without liability for damages, and without having
accepted a surrender.
Ashland Gun Club Lease Agreement
Page 9 of 12
12.2. Damages. In the event of termination or retaking of possession following default,
Lessor shall be entitled to recover immediately, without waiting until the due date of any
future rent or until the date fixed for expiration of the lease term, the following amounts
as damages:
(1) The loss of rent from the date of default until a new Lessee is, or with the
exercise of reasonable efforts could have been, secured for the Property.
(2) The reasonable costs of reentry and re-Ielling including without limitation the cost
of any cleanup, refurbishing, removal of Lessee's property and fixtures, costs
incurred, or any other expense occasioned by Lessee's default including but not
limited to, costs of environmental studies, assessments, and clean-up associated
with the remediation of lead on the Property, any remodeling or repair costs,
attorney fees, court costs, broker commissions, and advertising costs.
12.3. Condition of Property.
(1) On expiration of the lease term, or earlier termination on account of default,
Lessee shall deliver all keys to Lessor and surrender the Property free from all
lead and lead contamination in excess of permissible levels at its own expense.
Alterations constructed by Lessee with permission from Lessor shall not be
removed or restored to the original condition unless the terms of permission for
the Alteration so allow. Depreciation and wear from ordinary use for the purpose
for which the Property is leased shall be excepted, but repairs for which Lessee
is responsible shall be completed to the latest practical date before such
surrender.
(2) All Alterations, improvements and fixtures placed on the Premises during the
lease term, other than Lessee's trade fixtures, shall be removed in accordance
with Section 6.2. If Lessee fails to remove such fixtures, Lessor may do so and
charge the cost to Lessee with interest at the legal rate from the date of
expenditure.
(3) Before expiration or other termination of the lease term, Lessee shall remove all
furnishings, furniture, and trade fixtures that remain its property. If Lessee fails to
do so, this failure shall be an abandonment of the property, and Lessor may
retain the property and all rights of Lessee with respect to it shall cease or, by
giving written notice to Lessee within 20 days after removal was required, Lessor
may elect to hold Lessee to its obligation of removal. If Lessor elects to require
Lessee to remove, Lessor may effect a removal and place the property in public
storage for Lessee's account. Lessee shall be liable to Lessor for the cost of
removal, transportation to storage, and storage, with interest at the legal rate on
all such expenses from the.date of expenditure by Lessor.
12.4. Remedies Cumulative. The rights and remedies of Lessor under this
Agreement upon a breach thereof by Lessee are not exclusive and Lessor shall have all
rights and remedies allowed under applicable law in addition to the rights and remedies
contained in this Agreement.
13. MISCELLANEOUS PROVISIONS.
13.1. Non-waiver. Waiver by either party of strict performance of any provision of this
Agreement shall not waive or prejudice the party's right to require strict performance of
the same provision or any other provision in the future. lessor's acceptance of lessee's
Ashland Gun Club Lease Agreement
Page 10 of 12
failure to perform an obligation required annually under this Agreement, such as
payment of taxes or hosting of the community events in Article 3, shall not affect
Lessor's remedies for failure to perform such other obligations. .
13.2. Attorneys' Fees. If any litigation is commenced between the parties to this-
Agreement concerning the Property, this Agreement, or the rights and duties of either
party, the prevailing party in that litigation shall be entitled, in addition to any other relief
that may be granted in the litigation, to a reasonable sum for that party's attorneys' fees,
including attorneys' fees on appeal. The amount of the fees shall be determined by the
court in that litigation or in a separate action brought for that purpose.
13.3. Notices. Except as otherwise expressly provideq by law, any and all notices or
other cornrnunications required or perrnitted by this Agreement or by law to be served
on or given to a party of this Agreernent shall be in writing and shall be deemed duly
served and given when personally delivered to the party, any rnanaging employee of the
party, or, in lieu of personal service, when deposited in the United States mail, first class
postage prepaid, addressed to the appropriate party as follows:
LESSOR
City of Ashland
20 E. Main St.
Ashland, OR 97520
LESSEE
Ashland Gun Club
P.O. Box 953
Ashland, OR 97520
13.4. Governing Law. This Agreement, and all rnatters relating to this Agreement,
shall be governed by the laws of the State of Oregon in force at the time any need for
interpretation of this Agreement or any decision or holding concerning this Agreernent
arises.
13.5. Binding on Successors. This Agreement shall be binding on and shall inure to
the benefit of the heirs, executors, administrators, successors, and assigns of the
parties hereto.
13.6. Entry for Inspection. Lessor shall have the right to enter on the Property at any
time to determine Lessee's compliance with this Agreement or to rnake necessary
repairs to the Property. Whether or not such inspection is made, the duty of Lessor to
make repairs shall not mature until a reasonable time after Lessor has received written
notice from Lessee of the repairs that are required. In addition, Lessor shall have the
right, at any time during the last twelve months of the terrn of this Agreernent, to place
and maintain on the Property notices for leasing or selling of the Property.
13.7. Severability. If any provision of this Agreement is held by a court of competent
jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this
Agreement shall remain in full force and effect unimpaired by the holding.
13.8. Entire Agreement. This Agreement and its attachments constitute the sole and
only agreement between Lessor and Lessee respecting the leasing of the Property to
Lessee. Any agreements or representations respecting the Property, their leasing to
Lessee by Lessor, or any other matter discussed in this Agreement not expressly set
forth or incorporated into this Agreement are null and void.
Ashland Gun Club Lease Agreement
Page 11 of 12
13.9. Recording of Agreement. Lessor and Lessee may execute a memorandum of
this Agreement, which shall be recorded in Jackson County, Oregon. The Memorandum
of Lease shall describe the parties, set forth a description of the Property, specify the
term of the Agreement and incorporate this Agreement by reference.
13.10. . Holdover by Lessee. If the Lessee does not vacate the Property at the time
required, the Lessor shall have the option to treat the Lessee as a Lessee from month
to month, subject to all provisions of this lease except the provision for term.
13.11. No P!lrtnership or Joint Venture. Nothing in this Agreement shall be
construed to render the Lessor in any way or for any purpose a partner, joint venturer,
or associate in any relationship with Lessee other than that of Lessor and Lessee, nor
shall this Agreement be construed to authorize either party to act as agent for the other.
13.12. Extraterritorial Regulation. Nothing in this Lease shall interfere with the
legislative authority of Lessor under ORS 226.010 or any other provision of state law.
13.13. Non-appropriation. Notwithstanding any other provision of this Agreement to
the contrary, in the event that insufficient funds are appropriated for any obligation of the
Lessor hereunder and the Lessor has no other lawfully available funds, then Lessor
may terminate this Agreement at the end of its then current fiscal year and Lessor shall
not be obligated to make subsequent payments under this agreement and this
agreement shall terminate. Lessor agrees to deliver notice to Lessor of such
termination within ten (10) business days from the determination by Lessor.
INTENDING TO BE BOUND, the parties have executed this Agreement as of the date
written below.
LESSEE:
President, Ashland Gun Club, Inc.
Date
ORDER
Pursuant to ORS 271.360 the governing body hereby approves and authorizes the
terms of this lease as set forth above.
LESSOR:
Mayor, City of Ashland
Date
AsWand Gun Club Lease Agreement
Page 12 of]2
Exhibit 'A'
LAN D
City. of
Page 2
DES C RIP T ION
Ashland, c/o Parks and Recreation Commission
THENCE South 89 degrees 57 minutes 38 seconds East along the
Southerly boundary line of Donation Land Claim No. 51, said
Township and Range for a distance of 594.40 feet to a 30 inch long
by 1 inch diameter galvanized iron pipe with 3 inch diameter
bronze cap situated at the Southeast corner thereof;
THENCE continuing South 89 degrees 57 minutes 38 seconds East
along the Southerly boundary line of Donation Land Claim No. 3B,
Township 39 South, Range 2 East of the Willamette Base and
Meridian, Jackson County, Oregon for a distance of 680.35 feet to
a 30 inch long by 1 inch diameter galvanized iron pipe with a 3
inch diameter bronze disk situated at the. Southeast corner of said
Donation Land Claim No. 38;
THENCE North 00 degrees 11 minutes 51 seconds East along the
boundary line common to Donation Land Claim No. 3B and Government
Lot 5 for a distance of 73.37 feet to a 30 inch long by 1 inch
diameter galvanized iron pipe with a 3 inch diameter bronze disk
situated at the Northwest corner of Government Lot 5, Township 39
South, Range 2 East of the Willamette Base and Meridian, Jackson
County, Oregon;
THENCE South 89 degrees 47. minutes 06 seconds East along the
Northerly boundary line of said Government Lot 5 for a distance of
306.00 feet to a 5/8 x 30 inch iron rod with aluminum cap.marked:
City of Ashland, Prop.Cor., 1992, LS 759;
THENCE leaving said government lot line, South 42 degrees 17
minutes 06 seconds East for a distance of 130.70 feet to a 5/8 x
30 inch iron rod with aluminum cap marked: City of Ashland,
Prop.Cor., LS 759;
THENCE South 63 degrees 07 minutes 06 seconds East for a
distance of 347.00 feet to a 5/8 x 30 inch iron rod with aluminum
cap marked: City of Ashland, Prop. Cor_ 1992, LS 759;
THENCE South 10 degrees 37 minutes 06 seconds East for a
distance of 185.50 feet to a point;
THENCE North B9 degrees 57 minutes 38 seconds West for a
distance of 942.11 feet to a point;
THENCE South 60 degrees 30 minutes 00 seconds West for a
distance of 200.00 feet to a point;
THENCE North 90 degrees 00 minutes 00 seconds West for a
distance of 303.02 feet to the point of beginning.
Together with and subject to covenants, easements, and
restrictions of record and those apparent on the land_
LESSOR:
City of Ashland
c/o Parks and Recreation Commission
340 S. Pioneer Street
Ashland, Oregon 97520
March 11, 1996
LESSEE: Ashland Gun Club,
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'~ . .
LEASE
Lease between the City of Ashland, by and through its Parks and Recreation
Commission, rLessor") and Ashland Gun Club, Inc. ('Lessee')
RECITALS:
.. A On July 27, 1983 Lessor and Lessee extended a sublease on certain property
. owned .by, ,Lessor oUtside the CIty of Ashland. This sublease was extended for a term .
expiring March 31, 1998.. _
.. B. :41~ee desires an extension beyond 1998 and the parties have determined that
the bQSt mflfhod in which to accomplish this extension Is .to enter into a new lease and
teririliiai# What leases, subleases and extensions that may exist between Lessor sOd
L.BSsee. ,.
lessor and Lessee agree:
, .
~
1. TermlnaUon of preVious leases and subleases; Any lease, sublease or
extension In effect pnor to the date of this lease, including but not limited to a lease
.d8ted.May 21, 1968; a document entitled "Sublease" dated December 16, 1969; a
document antitIed "MOdiIlcat/on of lease" dati!dDecember 16, 1969; a document
entitled "Sublease" dated March 30, 1918; a document entitled "Extension of Lease'
dated November 10, 1978; a document entitled "Extension "of Sublease' dated March
30, 1983, and a document antitIed "Extension of Lease" dated July 27, 1983 between
lessor and I (issee conceming the property described in paragraph 2 Is' tenninated
effective June 1, 1994.
2. DescrfpUon of property, LessOl' leases to Lessee on the foRowing teims and
conditions the property described In the attached Exhibit A and referred .to in this lease
as the 'eased property". Unless from the context a different ~Is.Jntended, the
term "property" refers to ~ real property, and the term "pYettases' refers to
the. real property and any Improvements located or ~ed during the term of this
lease. lessor reserves from thiS lease:
,2.1. UthIa Springs water or water facilities Including existing and new fines
which the Lessor shall have the nglrt to install at such places as.1t deems advisable.
,
2:2. The nght to remove any rock or gravel from the premises, No rock or
gravel shall be removed except after oonsulting with the lessee as to 'the apPropriate
areas to remove rock in order to attempt to minImize any Impalnnent of the Mure
development of the property by lessee.
Lessor shall make no use of Its adjoining property that unreasonably interferes with
regularly scheduled events and uses of lessee on the leased property.
PAGE 1-LEASE f.'......lou~dub.".1
3. Term. The term of this lease is 15 years commencing on June 1, 1994, and
terminating 15 years from such date. It is. the desire of the Lessor to encourage the
utilization of the property by the Lessee and in the event there is no regular use by the
Lessee for any six month period, the lease shall be considered abandoned and the'
lessor may revoke the same.
..,",.~
., 4. Rental. Lessee shall pay Lessor for the use of the leased property during the
lease term the rental sum of one dollar_ In addition, lessee shall m?intain the
boundary fence on the leased property and on the lessor's property adjacent to the '
leased property.
5; Use. Lessee shall use the leased property for the purpose of a rifle, pistOl and
shotgun and archery range, and shall have the right to erect and construct such
facilities as are normally associated with such use, such as ranges, targets, target
sheds, dub buildings, ~ng lots, etc. It Is S~Jly ag{~at the lessee '
'previously constructetf'lnange with a backstop 12 feet high, 100 fe~ngthwith
wings at eacQ&ndl91o~,g~ safety; targets are raised at 50 yards, - 9R>, 100
yards and 2OO'yarc1s In 5tfeR Ii mBrner that they 8ft{ba~!<!llolakhlg an llpj'lfev9d ~
"c:lr~t}o 101,1)8 similar te tRg~e """ri in m-~J3elitaR ar:ea~.
5.1. Any restoration of facilities, such as Pompadour Springs, must first have
the approval of the lessor.
-~~.
5.2 lessee shall refrain from storing on or discharging from or onto the
premises any hazardous wastes or toxic substances as defined in 42 use SS9601-
9657 and shall not usa the property in a manner to violate any statute or regulation
regarolflg hazardous substances. These laws and regulations Include, but are not
Bmiled to, the federal Comprehensive Environmental Response, Compensation and
Uabllity Act; Resource Conservation and Recovery Act; Toxic Substances Control Act;
Clean Water Act; Clean AIr Act; regulations of the United States Environmental
~ -0> ",Protection Agency (EPA); O~~, 466.~5; 466.640 and ~.790 and<f4lBUlati?ns
~J...".,,, d of the Department of EnvIroiime"r1i8T'Quafrty (DEQ) and are collectively referred In this
agreement as "environmental laws. "
'5.3 lessee shall Indemnify and defend lessor from and against any and all
Dab/Btiss, losses, and costs, indudlng reasonable attorney fees, which lessor may
Incur because of Lessee's failure to perform all of its obligations under environmental
laws, Includihg any failure to perform during lessee's previous occupation of the
property under leases dating from 1968.
i'"'-- - ._~*V
6. UtilitIes. lessee shall initiate, 'contract for, and obtain, In its name, all utility
services required on the leased property, including gas, electricity, telephone, water,
and sewer connections and services, and Lessee shall pay all charges for those
services as they become due. II lessee fails to pay the charges, lessor may elect to
pay them and the charges will then be added to the rental installment next due.
PAGE 2-LEASE lp,,,,,,k.\gun'oI",,,bc'
Lessee shall be liable for any injury or damages to the equipment or service
lines of the utility suppliers that are located on the leased property, resulting from the
negligent or deliberate acts of Lessee, or the agents, employees, invilees or guests of
Lessee.
7. Compliance with JaW. The Lessee agrees,that it will at its expense promptly
observe and oomply with all laws, orders, regulations, rules, ordinances and C
~equirements of Federal, State, County and City governments with respect to the use,
care and control of the leased property.
So Representations.
. ,.. 8.1. 'InspecUon. Lessee acknowledges that this lease Is accepted and
,executed on the basis of l$see's own exam/nation and personal knowledge of the
, ..: .vaIueand concfrtion of thQ,~d property; that no .representatlon as to the value;
cOocf.rJIon.Pf' repair of the leased property has been made by lessor or its agents and
.that.,t\l~ Lessee agrees to take the-leased property in the concfrtlon it is in at the time
of the execution of this lease.
8.2. Prior agreements. ThIs lease Is the ~ntlre, final and complete agreement
of the parties and supersedes and replaces aD prior and existing written or oral
understancflllgS except as otherwise continued In effect by the tenus of this
agreement
9. ,Improvements, alterations, maintenance.
9.1. Alterations or Improvements. Except for alterations or Improvements to
Increase safety on the existing range, Lessee may make no alterations or
Improvements to the leased property without the prior written consent of Lessor, which
consent shall not be unreasonably withheld. All alterations, or Iniprovements that
~~..see may daslre tO~e.to the leased property shaD be done by Lessee tu.d~~
expense of LeEsao.The term "mprovements" means.any buRcllngs, structures, or
facilities placed or erected on the leased property. All sUch work shall be done ,in a
good and workmanlike manner In compliance with all applicable building and zoillng
laws and ordinances.
9.2., Ownership of ImprOVements. . The parties agree that improvements
placed on the leased property by Lessee shaD remain the property of the lessee and
may be removed by the Lessee upon expiration or termination of this lease. All
Improvements on the leased propelit1~whlch remain 30 days aftbi"the expiration or
termination of this lease shall, at the option of lessor, become the property of the
. Lessor without adcfrtionaJ compensation to the lessee, free and clear of aD' such claims
of lessee or anyone claiming under Lessee and lessee shall Indemnify and defend
Lessor against allliabfrty and loss arising from such claims. However, lessor may
elect to remove such improvements and charge the expense of such removal to
Lessee. In the event lessor elects to remove the improvements, Lessor shall make its
..
PAGE 3-LEASE lp,p';"_......."e1
. election within 60 days after expiration or termination of this lease and shall notify
Lessee of any such election. .
9.3. Maintenance and Repair. Lessee shall be responsible for maintaining
and repairing the premises. Lessee shall be responsible for Lessee's use and its
employees', agents', or invitees' l,!s,e of the premises. Lessee shall,~t the expiration of ..
terminatioh of this lease,. surrender the premises in as good order and condition as
when received, reasonable wear and tear, dainage from the elements, fire, acts of God
or other casualty excepted. Lessee shall be responsible and shall pay for all damage
or injury done to the premises by Lessee or any person who may be in or on the
premises with the consent of Lessee. In the event Lessee or Lessee's representative
removes any or all improvements from the leased property upon expiration or
termination of the lease, Lessee shall be responsible and shall pay Lessor for all
damages to the leased property.
.""..~.;, --~.c,~.:,.,...-
10; Indemnification; Lessee agrees to defend, Indemnify and save Lessor its agents,
and employees harmless from any and all lasses, cialms, actions, costs, expenses,
judgments, subrogations, or other damages resulting from injury to any person
Qncluding injury resulting in death,) or damage (Including loss or destruction) to
. property, of whatsoever nature arising out of or incident to Lessee's use of the leased
premises, lessee's actMties on the premises, or any condition existing on the leased
premises Qncluding but not limited to the acts of employees, agents- and others
designated by Lessee to perform work or sBlVices attendant to this agreement).
Lessee shall. not be held responsible for any losses, expenses, claims, sUbrogations,
actions, costs, judgments, or other damages, d'lfectly, solely, and proximately caused
by the negligence of Lessor. Lessor shall promptly notify Lessee of any claim subject
to this paragraph and cooperate with Lessee In an reasonable requests for Information
necessary to defend any such claim.
. 11. Insurance.. Lessee shall, at its own expense, at aD times during the teon of this
agreement, maintain in force a compreh~lIeneraJ fiabBily policylilcliJding
coverage for contractual RabDity for obfl98ti6nS~assumed under this agreement, blanket
contractual fiabDity, products and completed operatlons'and owner's and contractor's
protective insLKance. The fl8birllyunder each poRcy shall be a minimum of $500,000
per occurrence (combined single limit for bodily injury and property damage claIms) or
$500,000 per OCCUrrence for bodily injury and $100,000 per occurrence for property
damage. Uabllily coverage shall be provided on an "occurrence" not "claims" basis.
The City of Ashland, its officers, employees and agents shall be named as additional
Insureds. Certificetes of insurance acceptable to the City shall be filed with CIty's Risk
,j~ager prior to the possession of Lessee of the leased property under this l!i?v
agreement. These certificetes shall contain provision that coverages afforded under
the policies can not be canceled and restrictive modiflC8tions cannot be made until at
least 30 days prior written notice has been given to City. A certificate which states
merely that the Issuing company "will endeavor to mail' written notice is unacceptable.
PAGE 4-LEASE (",pwk.\gun-dub.b.,
12. Default. The following shall be events of default:
12.1. Rent Delinquency. Delinquency in the payment of rent in excess of ten
.days beyond the rental due date unless specilically extended in writing by Lessor.
12.2. Noncompliance. failure of Lessee to comply with any term or condition
or fulfill any obligation of this lease (other than the payment of rent or other charges.
within thirty days) after written notice by Lessor specifying the nature of the default
with reasonable particularily. If the default Is of such a nature that It cannot be
completely remedied wiIhIn the thirty day period, this provision shall be complied with
if Lessee begins COlTection of the default within the thirty dayperiocl and thereafter
proceeds with reaSonable diligence and In good faith tei effect the remedy as sconas
practicable.
. . 12.3, Uen~'L_F~'J!.Ire to rerJ:lR~ lien or encumbl'BllCe..placed upon the
leased lands. . ..
13. Remedies. Lessor shall have the following remeqres In addition to other.
. equitable or legal rights and remedies in the event lessee Is in default under the terms
of this lease agreement:
13.1. Re-enter. Lessor may re-enter the premises Immediately and remove the
property and personnel of Lessee, store the property In a pubDc warehouse or at a
place selected by Lessor, at the expenSe of Lessee.
13.2. Tenn/nate. Mer re-entry Lessor may terminate the lease on gMng
written notice of termination to Lessee. Wrthout such notice, re-entry will not tenninate
the lease. On term/nation Lessor may recover from Lessee all damages proximately
resulting from the breach, lnc/ucflllQ the cost of recovering the premises and the worth
of the balance of this lease over the reasonable rental value of the premises for the
remalnder of the lease term, which sum shaD be Immediataly due L.essorfrom Lessee.
14. Taxes, liens. Lessee shall pay all taxes or assessments levied upon the leased
prlmlises during the term of the lease. I essee shaJI not cause any Dens or
encumbrances to be Imposed upon the leased premises and if any lien or
encumbrance Is Imposed upon such premises, lessee shall proceed Immediately to
remove the lien or encumbrance. .
15. Holdover. If the lessee does not vacate the leased premises at the time
required, the Lessor shall have the option to treat the Lessee as a Lessee from month
to month, subject to all the provisions of this lease except the provision for term.
16. Assignment. Lessee shall not assign this lease or sublet the premises without
first obtaining' Lessor's written consent which shall not be unreasonably withheld.
PAGE 5-LEASE fp'.",,",lgun.dubJsol
17. Successor interests. All the covenants, agreements, conditions and terms
contained in this lease shall be binding upon, apply and inure to the benefit of the
heirs, executors, administrators and assigns respectively of the Lessor and the Lessee
and all of such Covenants shall be cOnstrued as covenants running with the land. This
paragraph shall not be construed as consent by the Lessor to the assignment or
subletting of the premises. ~~,
.""'i<
. is. Waiver. FaDure of the Lessor to.insist upon the strict performance of the terms,
covenants, agreements and conditions in this lease contained, or any of them, shall
not constitute or be construed as a waiver or relinquishment of the Lessor's right to
hereafter enforce any such term, covenant, agreement or condition, but the same shall
continue in full force and effect. .
19. . En~lre Agreeme~t. This !ease contains the entire ag~eement between the parti~~
.,",~xcept as otherwise-previded, can be changed, modified, amended; or .....""
. . "erminated only by an instrument in writing executed by the parties. It is mutually . .
acknowledged and agreed by Lessee and Lessor that there are no verbal agreements,
representations, warranties, or other understandings affecting this Iease_
Lessor:
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Lessee:
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PAGE 6-LEASE Cp,...."'un,dub,...1
CITY OF
ASHLAND
Council Communicati.on
Meeting Date:
Department:
Secondary Dept.:
Approval:
Discussion on Ashland Gun Club Lease
June 16, 2008 Primary Staff Contact: Don Robertson
Parks E-Mail: robertsond(a)ashland.or.us
Administration Secondary Contact: Martha Bennett
Martha Bennett Estimated Time: 45 minutes
Question:
Does the Council wish to extend the Icase to the Ashland Gun Club? If the lease is extended, under
what conditions and for how long will it last? 1fit is not extended, how will the property be used?
Staff Recommendation:
This is a study session item for discussion purpose only.
Background:
The Ashland Gun Club has been leasing property from the City to use as its gun club facility sincc at
least ]968. The current Ashland Gun Club Lcase will expire at the end of Junc 2009. Members of the
club first requested a lease extension in February 2004. On July 20,2005 the Council and Parks
Commission had ajoint study session to discuss a possible lease extension. At that time, input was
provided by the Ashland Gun Club membership, but community members did not get an opportunity to
speak. The specific issues for considcration at that meeting were:
. Does the City have an intercst in extending the leasc for the Ashland Gun Club?
. Does the Parks Commission have an intercst in continuing the management agreement"
At the conclusion of the City Council study session, staff was directcd to dcvelop a draft Leasc for City
Council to consider, which would extcnd the years of operation by the Ashland Gun Club. Ashland
Gun Club members prepared and presented a proposed lease to thc City in June of 2007 but review of
their draft was put on hold during the time while the City was hiring aCity Attomey. Ash]and Gun
Club membcrs and supporters have scnt dozens of letters to the City requesting renewal of the lease.
City legal staff dcveloped a draft lease in March of this year. This draft attempted to address the issues
raised about the Ashland Gun Club's relationship to thcir neighbors. This draft was circulated to the
Ashland Gun Club and to many of the neighbors of the property. The draft agreemcnt is attached.
After they reccived a copy of the draft lease, several of the neighbors contacted City and Parks and
Recreation staff to discuss their concems. Before raising particular concems about Ashland Gun Club
operations (addressed on page 5), one of the neighbors asked whcther the City Council had already
decided to extend the leasc. These neighbors asked to address the City Council to make their case both
about whether a gun club is an appropriate use of this property and about the particular conditions that
should be placed on the operation if the City signs a new lease with the Ashland Gun Club.
Page I of7
061608 Gun Club lease.CC.doc
....
..."1
CITY OF
ASHLAND
Discussion:
Should the property be used as a shootine ranee/eun club?
The Ashland Gun Club property, along with all other City lands,.is being studied for potential other
uses as part of the facilities master plan. For the purpose of preparing for this study session, staff
considered all of the options that the City Council has for use of this property. In all of the options, we
assume that the City will retain some form of ownership (whether it's direct ownership or an easement
of some kind) over the portion of tbe property that contains the Lithia Water wellhead and other related
historic structures. Some of the options we considered are:
,
I. Allow the Ashland Gun Club Lease to expire, retain City ownership of the property, and convert
the property to another use, as allowed by County zoning (addressed on page 4).
2. Allow the Ashland Gun Club Lease to expire, retain an casement or ownership of the Lithia Water
wellhead, declare the remainder of the property surplus, and sell this remaining portion. As a
variation on this option, the City could declare a portion of the property surplus and seek to
exchange it for another piece ofIand, such as Clay Street.
3. Offer a new lease to the Ashland Gun Club which includes terms that limit the liability of the City
for potcntial lead contamination and for all sccurity issues and that address at least some of the
"good neighbor" issues. The lease would also allow some limited use of the property for Public
Works purposes.
4. The City could declare a portion of the property surplus (again, not thc portion with the Lithia
Water) and otTer to sell it directly to the Ashland Gun Club. The City would address the good
neighbor issues through deed restrictions, which could be enforced in court. Staff has not
thoroughly explored this option, so if Council is interested in it, we'd want to do further work.
The City does use the property.not only for Lithia Water but for disposal of some of the spoils from
public works projects and the street sweeper. The sweeper spoils were moved to this property after the
City received numerous and repeated complaints from the neighbors of the "B" street yard.
What Issues Need to be Addressed if the Ashland Gun Club Lease is Renewed?
If the determination is to extend use by the Ashland Gun Club, the following issues will need to be
addressed:.
. Good Neighbor Issues. Many of the concems raised by the neighbors related to how early and
often the Ashland Gun Club is used. Neighbors also are concemed about particular types of
noise, such as that from repeating weapons or from weapons that have a great deal of power.
o Hours of Operation. Should thc use be restricted on weekends? Should there be one
weekend day of no use or a later start time on weekend momings? Should evenings,
particularly summer evenings, be more restricted?
o Limitations on the types of weapons that are fired (automatic, semi-automatic, and
weapons that have a high degree offorce and are therefore noisy)
o Noticing to neighbors of unusual/special use
o Traffic
o Security
o Use for National Guard Training.
. Term of the Lease. A major component of improvements on the site is funding via grants from
ODFW, DSL and other entities, most of which require a minim~m of 10 year lease.
Page 20f7
06] 608 Gun Club Lease.CC.doc
~..
..."
CITY OF
ASHLAND
. Environmcntal clean up issues. One of the key issues for this property will be 10 ensure that the
Ashland Gun Club can comply with the Best Management Practices for Lead at Outdoor
Shooting Ranges as defined by the EP A. The City may want to require regular lead removal
every three to five years. Federal and state grants are one of the means of obtaining funding for
lead abatement.
What Issues Need to be Addressed if the Ashland Gun Club Lease is Allowed to Expire?
If the determination is not to renew the lease, Council will need to discuss these issues prior to
deciding whether to retain the property for an alternative use or to declare the property surplus (and
sell or trade it).
. Land Use regulations that affect the uscs of the property (see page 4 and attachment)
. Lithia Water Access and Historic Resource Preservation
. Environmental Cleanup Needs and Costs
. Public Infrastructure issues, including the condition of the road and the lack of availablc
electric, telecommunications, water and wastcwater utilities
. Bear Creek Greenway Extension (the original plan calls for the Greenway to link Bear Creek
with Emigrant Creek on the north side of the property and eventually link to Emigrant Lake)
Facilities Master Plan
In January 2008, the City Council initiated a Facilities Master Plan. The Council appointed a
Committee to make recommendations for future improvements, uses, and dispositions of all City
buildings and properties The Committee has identified the need to combine the city yards, currently
located on B Street and 90 North Mountain and East Nevada, and has determined ten acres are necded.
The Committee has considered the gun club property as a possible future site for the city yard.
Pros:
. Land is sufficient in size to meet the needs of City yards and equipment
. Reduces conflicts with the existing neighbors.ofthe B Street and North Mountain
Ncighborhoods.
Cons:
. Property is outside city limits and outside UGB
. Road is sub standard, is failing rapidly and will not support heavy equipment traffic
. Property is low lying and parts of it are in the flood plain
. No city utilities (water/sewer, electricity)
. Several different well heads that produce Lithia water are on thc property - if another well is
needed city will need the flexibility to drill
. Surrounding residential neighbors could be impacted by traffic and noise
. Property location poses operational challenges:
o Approximately 70 employees would add 7.3 miles to their driving time to work.
o Staff estimates additional drive distance (from Hwy 66 to property) would result in
approximately 330 additional gallons of fuel per week for city vehicles.
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o City vehicles represent approximately 1250 round trips per weck in and out of currcnt
city yard.
· Property topography is hilly and not conducive to storage and access needs of a city yard.
. Possible environmental concerns regarding installing fuel pumps, storage and equipment.
The committee has not yet reached a decision on thc best usc of this property_
Land Use Issues Affectinl! the ProDerty
Background and Site Characteristics
The Ashland Gun Club is part of three city-owned properties (400, 700 & 800) totaling approximately
66-acres. Access to the property is from Emigrant Creek Road, a county road that passes through the
northwest comer of the property. The topography of the area is varied, consisting of an expansive,
relatively flat area along the property's northerly boundary, with the south and southeast potions of the
property having slopes ranging between 10 and 30 percent. Additionally, Emigrant Crcek, and its
associated 1 OO-year floodplain, traverses the north easterly comer of the property.
Jackson Countv Zoning Desi gnation
The zoning is primarily Open Space Reserve (OSR), which.isa Forest Resource Zone. A very small,
insignificant comer of the property, lying just south of Emigrant Creek Road, is zoned EFU, Exclusive
Farm Use. According to Jackson County Planning Department records, the Ashland Gun Club is a
conforming use, permitted under the OSR zoning designation with a valid Jackson County land use-
approval in place (File 00-35-DAR).
The purpose of a Forest Resource (FR) zoning Districts is to conserve forest lands. Various zoning
districts, including Open Space Reserve (OSR), are applied to areas identified as forestland by
Jackson County's Comprehensive Plan. A variety of permitted uses are described under the County's
zoning code, including:
. Farm and Forest Uses
. Natural Resourcc Uses
. Residential Uses
. Commercial Uses
. Mineral, Aggregate, Oil and Gas Uses
. Transportation Uses
. Utility/Solid Waste Disposal Facilities
. ParkslPublic/Quasi-Public Uses
. Outdoor Gathering Uses
City or public yards are not listed as an allowable use in the OSR Zone, and county planning staff did
not feel, at least preliminarily, that it would fit under any of the pcrmitted or conditional uses listed for
the property. Additionally, only large-tract residential use is permitted, consisting of a minimum lot
size of 160-acres; thus, the gun club property is too small to allow this use.
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On-site Contamination
Staff from thc Departmcnt of Environmental Quality (DEQ) indicated that shooting ranges arc required
to go through an environmental assessment process for almost any change in use. Any activity that
would involve grading or removal of soil also requires an assessment. Therc are various clean-up
options that can come out of the assessment proccss and some similar gun club sites are currently
undergoing cleanup at this time.
Draft Lease:
Staff has prepared a draft lease for council review and consideration. The draft lease agreement is an
attempt to incorporate feedback from a number of meetings and conversations with gun club members
and neighboring property owners. The provisions of the draft lease can be changed to address
additional cone ems. The draft was rcviewed by two neighbors who met with staff to share their
concems. It should in no way be construed that the opinions of the two neighbors is representative of
the entire neighborhood. Nor should this list be considered the definitive list of concerns of other
neighbors. However they do present a thoughtful list of concems that are believed to be shared by
many of the neighbors. The concerns from the two neighbors that provided comments after the draft
lease was completed include:
I. Grants should not dictate City Policy: This is in reference to thc need to extend thc lease beyond
10 years.
. Response: There are federal and state grants for a number of activities. For example,
the FAA awards grants for airport development, the Oregon State Marine Board
provides funding for docks on public property, and the Oregon Department of
Transportation supplies monies for transportation improvements. The terms associated
with grant monies must bc considered in all of these situations if the City wishes to
receive the funding. Grant money is available for lead abatement, but the terms require
a ten-year lease. It is in the City's best interest to take steps to make sure that lead
abatement continues on thc property, and grant funding is one means of ensuring that
the City will not have to finance a clean-up in the future.
2. Automatic weapons/semi-automatic weapons - should they be there?
. Response: Section 4.2(3) of the draft lease agreement prohibits the use of automatic
weapons and weapons that exceed 6000 foot-pounds of muzzle energy.
3. National Guard or Paramilitary organizations (except APD) - should they be there?
. Responsc: The National Guard utilizes the Gun Club facility for training approximately
4 times a year during normal facility hours. Generally the National Guard's use of the
facilities consists of individual soldiers in the community using the facility to meet
rcquirements. Section 4.2(1)(a) of the draft lease agreement allows use by law
enforcement agencies and military units outside of the normal hours of operation by
giving notice to ncarby property owners at least two weeks in advance. It is the police
force that may be utilizing this night time exception for special training.
4. How do we determine true noise context and restrict decibels?
. Response: Section 4.2(3) of the draft lease agreement, which prohibits automatic
weapons and weapons with a muzzle energy that exceeds 6,000 foot-pounds, is a means
of restricting noise. The muzzle energy of the weapon is what determines how loud the
weapon is when it is fired.
5. Reasonable hours - lOam - 6 pm, closed either Saturday or Sunday, restrictions on Holidays
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. Response: Section 4.2( 1) of thc draft Icase agreement restricts the hours of operation
during the week from 8AM to sunset, and on the weekends from 9AM to sunset. These
hours were a compromise that came out of a number of discussions with the gun club
and the neighbors since 2005. The ORS would allow shooting from 7AM to lOPM or
any shooting conducted for law enforcement training purposes. ORS 467.131 (3). Thus,
the proposed hours are more restrictive than what Oregon law allows.
6. Paper Targets only, no metal targets
. Response: The draft lease agreement does not currently address the types of targets that
can be uscd, but the lease can be modificd to rcstrictthe use of mctal targets. Currently
the gun club requires the use of official paper or metal targets only.
7. No overnight or only once per year
. Response: Section 4.2(4) of the draft lease agreement limits ovemight events to one pcr
calendar year; howcver, during the event the shooting range hours must be strictly
complied with.
8. Require permission from City Council for any improvements
. Response: Section 6. I of the draft lease agreement requires the Gun Club to obtain the
City's written consent before making any alterations or improvements. In addition, the
Gun Club must comply witb all laws, including zoning regulations, and building codes.
9. Financial Responsibility for hazards materials retroactive to current activities
. Response: Section 4.3 of the draft lease agreement requires the Gun Club to comply
with all Environmental Laws and specifically with the Environmcntal Protection
Agency's Best Management Practices for Lead at Outdoor Shooting Ranges. Section
4.4 states that the Gun Club shall comply with all federal, state, and local laws at its
own cost and expense.
10. Comply with DEQ noise regulations
. Response: Oregon law exempts shooting ranges from civil liability for noise pollutions
between the hours of 7 AM and lOAM, or during law cnforcement training; thus, the
Gun Club is not subject to any noise restrictions. ORS 467. I 3]. In addition, tbc
Oregon legislature has pre-empted the City's ability to regulate the Gun Club property
and declare shooting activities as a nuisance or a trespass. ORS 467.136.
II. Insurance coverage is too low
. Response: Section 7.1 ofthc draft leasc agreement requires the Gun Club to maintain a
comprehensivc commercial general liability policy of $1,000,0000. The City's gencral
policy is to require $1,000,000 worth of insurance; however, the Gun Club currently has
$2,000,000 in coverage. The lease could be modified to rcquire more insurance.
12. Indemnification (who is the Gun Club organization? Bond?)
. Response: Section 7.2 of the lease requires the Gun Club to indemnify the City to the
fullest extent permitted by law, including reasonable attorneys' fees, investigation costs,
and all other costs and expenses.
13. Default - who is responsible
. Response: Section 11.1 of the draft lease agreement statcs that a default in any of the
lease covcnants must be remcdied by the Gun Club. If the default is not remedied
(generally within a 20 day period) the lease may be terminated and the City may collect
damages.
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14. Lease rate
· Response: Article 3 of the draft lease agreement addresses the lease rate. The Gun Club
is required to pay all taxes and insurance costs and provide at least three community
events during each calendar year.
Related City Policies:
None
Council Options:
Provide direction to staff. No decision is needed at this time.
Potential Motions:
None
Attachments:
. Draft Agreement
. Property Maps
. Jackson County Land Use Code Chapter 4.3
. Lithia Springs Property Historic Significance
The Council packet and minutes of the July 20, 2005 meeting are available on-line. Hard copies can
be made available on request.
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Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Ordinance Amending Business License Ordinance
March 1,2011 Primary Staff Contact: Megan Thornton
Legal E-Mail: thorntm@ashland.or.us
Finance Departm Secondary Contact: Lee Tuneberg
Martha Benne Estimated Time: ] 5 Minutes
Question:
Should the City Council approve Second Reading of an ordinance titled, "An Ordinance Relating to
Business Licenses?"
Staff Recommendation:
Staff recommends Council approve Second Reading by title only.
Background:
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 advantageous. 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 collect better data on the number of rental properties and home occupations in the City and
shortening the term for temporary licenses.
On January 18,20] I, the Council provided comments on the draft ordinance and requested additional
changes before first reading.
At the Council meeting on February 15,201], the Council determined that it would not require
individual booths to get licenses, but that it would charge the organizer of the event or premises to pay
an additional fee for each booth.
Discussion:
Based on the direction the Council provided at its February 15th meeting, changes were made to
clarify that a person that rents out part of their primary residence is exempt from obtaining a business
license. In addition, the temporary license provision was changed to be consistent with the definition.
The following changes will be read at the council meeting to address these modifications:
. 6.04.020.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
Page I of2
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parks, and single and multi-family dwellings; units beinl! rented as part of the lessor's
primary residence are not considered residential units.
. 6.04.030.C.3 - Owning, leasing or renting personal property or rental mlits reol IJrBIJerty
within the city which is used in a trade or business.
. 6.04.040.E - A person whose business consists of renting out less than two rental units within
the city, unless the units being rentcd ore IJort of the lessor's IJrimor)' residence.
. 6.04.050.C - An applicant may apply for a temporary license if the business licensed under this
chapter is for a limited duration of not more than 30 14 days.
During the February] 5th meeting, CouncilorSilbiger stated that the language in 6.04.040.D regarding
the booths did not make it clear that booths that were not part of an event, but instead part of a
premises, were included in the provision. To clarify that problem Councilor Silbiger suggested that
"premises with temporary sales space" be added to that section. Upon motion and passage by the
Council, the following language could be read to address the problem:
. 6.04.040.D ~ The operation of a display space, booth or table maintained for displaying or
selling merchandise at any trade show, convention, festival, fair, market, bazaar, 61' swap meet,
or premises with temporary sales space provided that the sponsor of the event or the owner
of the premises is licensed to do business.
Related City Policies:
City Charter Article 10, Ordinance adoption provisions
Council Options:
(I) Move to approve Second Reading and adopt the ordinance.
(2) Postpone consideration of the proposed ordinance.
Potential Motions:
Staff: [Conduct Second Reading oflhe ordinance by Ii/Ie only.}
Council: Motion to approve Second Reading and adopt the ordinance.
Attachments:
Ordinance
ORDINANCE NO.
AN ORDINANCE RELATING TO BUSINESS LICENSES
Annotated to show deletieAs and additions to the code sections being modified. Deletions are
bold" ....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. City of
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 that
would, among other things, implement a procedure for revoking and denying business licenses;
and
WHEREAS, on January 18,2011, 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 I. Sections 6.04.0 I 0 [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 I of?
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 J" and ending on June 30th of the following year.
G. "Hearings officer" means the 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.
I. "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; units being rented as part of the lessor's primary residence are not
considered residential units.
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
Page 2 of?
within the City when business is being transacted by an employee or representative within
the City.
C. Presumption of Conducting 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 the city;
2. Providing goods and/or services to customers within the city;
3. Owning, leasing or renting personal property or rental units 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 with 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, market, bazaar, or swap meet,
provided that the sponsor of the event is licensed to do business.
E. A person whose business consists ofrenting out less than two rental units within the city.
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 the 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 peIjury and false swearing.
Incomplete 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 of7
C. An applicant may apply for a temporary license if the business licensed under this chapter is
for a limited duration of not more than 30 days. An applicant shall not receive more than two
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 determine the appropriate
fee.
B. 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 information when such disclosure of conditionally exempt information
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 192.501 (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. In 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 of a business changes, but the principal purpose of
the business is unchanged, the license may be transferred to the new location upon
written notification to the finance department.
B. Renewable. Unless otherwise provided, a license issued pursuant to this chapter is renewable
as provided in AMC 6.04.110. Annual licenses issued under the provisions of this chapter
remain effective from July I st 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
6.04.120.
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 to any other requirements of this 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 name 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 applicant 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 of unlawful 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 of?
without harm or danger to persons or property. The Administrative Services Director may
consider as a basis for denial or revocation:
a. Felony convictions, which occurred within 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. Theapplicable business license fee has not been paid by the due date.
B. 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 10 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 pursuant 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 1.08.
B. A violation of any of the other provisions of this chapter shall constitute a Class III.
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 payinent 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 the
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-lettered, 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 City Charter on the _ day of , 2011,
and duly PASSED and ADOPTED this _ day of ,2011.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of
,201 I.
John Stromberg, Mayor
Reviewed as to form:
Megan Thornton, Interim City Attorney
Page 7 of7
From:
To:
Subject:
Date:
Russ Silbiaer
Dian;J <:;hinlpt
Fwd: Buslness license concerns from Nancy Buffington I Cascade Airport Shuttle
Thursday, February 24, 2011 9:03:40 AM
Diana,
1 would like this in the Council Packet for the Business license section.
Russ Silbiger
Ashland City Councilor
russ@council.ashland.or.us
541-482-6907
This email is subject to Oregon public records law for disclosure and retention.
__.n "cascade shuttle" <me@mail.com> wrote:.
February 16, 2011
To Whom It May Concem:
I was going to attend the city council meeting on February 15th, but when I arrived there were
so many people in attendance I figured I wouldn't be able to speak until late, if at all. I realized
it really wasn't necessary for me to air my complaint to a public audience anyway, so it's my
hope this letter will be an effective alternative.
I would like to address the issue of business licensing. I really don't have an opinion about the
licenses themselves, just the ability for the city to enforce them. I feel strongly that if you are
going to spend the time, expense, and trouble to make a new ordinance that it should be
completely enforceable.
I own Cascade Airport Shuttle a company that has existed as an Ashland.based company
since 1984. I purchased this company at the end of 2006 and since that time have
experienced huge discrepancies regarding companies operating unlicensed within the city
limits with regard to shuttles and cabs. At this time, i have no knowledge whether other
businesses that are licensed within the city have experienced the same problems I have, but
feel the need to speak out regardless.
I pay approximately $800 annually in licensing fees to operate in Ashland, and have been
voicing my concerns to the city recorder about the issues of the unlicensed operators sin"ce
shortly after purchasing my business. When I voiced my concems regarding this issue to the
recorders office, specifically Barbara Christensen, I was told I needed to file a formal complaint
before she could act. WHY?? Shouldn't the ordinance be able to be enforced without my
complaint? Finally, in October of 2009 I did file a complaint. A couple times over the next
year. I called to see what was being done. At one point, I was told my complaint had been
passed on to the police department for enforcement. A year after my complaint had been filed
(October 2010), I again became frustrated and called the recorders office to inquire as to what
was happening. At that time, I was invited to attend a meeting to discuss my issues with
Barbara, and Officer Steve Maclennan of the Ashland Police Department. During this meeting,
I suggested a letter be sent to all the taxi companies operating in the area, that stated the
requirements to' operate. That way, when asked, the drivers couldn't say they didn't know they
needed a license. Barbara rejected the suggestion, and told me it is just hard to enforce the
ordinance. Also at this meeting, I presented a list of all companies(12 total with multiple
vehicles) that when called, all said they picked up in Ashland, and according to Barbara's
records ALL of them, with the exception of three cars from the TlC Yellow Cab fieet and my
company, were unlicensed. I was asked to keep track of whom I saw operating in the city that
I knew not to be licensed, then report to Officer MacLennan and Barbara which companies
those were. Once again, my question is why is it my responsibility to inform the city about ~he
unlicensed operators when the city already knows who they are. Furthermore, the license of
the company Valley Cab, also according to Barbara's record had been revoked years earlier,
yet one of their vehicles currently operates day and night seven days a week within the city
limits. Barbara acknowledged she knew this, and had actually talked on the phone to the
driver while parked in front of the recorders office a couple years'ago and the driver said she
did not pick up in Ashland except for medical appointments. Last I checked. medical pick ups
are not usually done at the bars in downtown Ashland! Barbara also stated since she had not
seen her picking up, she couldn.t enforce the ordinance.
On Tuesday, February 15th, I tried to get an updated list of the licensed companies, a'nd was
told that Barbara was out of the office until February 28th. Her assistant, Oanna didn't know
where to access the information. I did mention to Danna that I felt the information was "rat-
holed" and I felt that inappropriate. I would assume this information is public record and should
be available for access by anyone in the business license office when requested.
As I stated earlier, it is my understanding the police department is now in charge of enforcing
the ordinance, It is also my understanding that Officer MacLennan, who works daytime!
weekday only shifts, is the ONLY officer interested in taking the time for any enforcement of
the ordinance. Officer MacLellan also says it is hard to enforce this ordinance from a police
department standpoint because of the laws regarding randomly pulling people over without
legal cause. Why wouldn't the possibility of operating unlicensed in the city be just cause? I
did find out that Officer MacLellan pulled over some vehicles on Halloween resulting in six
citations, five of those from one company. However, when I spoke with him on Tuesday, he
had no knowledge whether any of those citations resulted in those vehicles/companies
acquiring the required licenses to operate legally within the city, Please don.t get me wrong I
do appreciate the efforts of Officer MacLennan, however, I believe the City of Ashland has a
responsibility to use all of their resources necessary to make sure that the ordinance is
enforced.
When I was in the process of purchasing my company, on the advice of my at10rney I was
told to check with the cities I would be working in to find out what their requirements were. I
contacted the business license department in Ashland, and was told all 'I needed to operate
was a business license. It wasn't until a few months later when Barbara called and wanted to
know why I had not transferred the taxi license from the previous owner and of course paid
the required fees. I can't say she was pleasant on the phone, and of course I was completely
stunned thinking I already had everything I needed, since that is what the licensing office
clerks had told me. I didn't even know I needed a taxi license! Her comment was that the
licensing office didn't know that information. and I should have asked her and also should
have checked the taxi ordinances. Really? How was I suppose to know THAT!! After all, that
is the reason I called, so I could find out that exact information she was accusing me of not
knowing. The point here is that if you are a licensed business and you are out of compliance,
look out! You will get a notice giving you thirty days to comply or you will be revoked.
However, if you are not licensed, you can freely operate in Ashland for YEARS without paying
the required fees.
In conclusion, I really feel before the city implements more licensing ordinances, they should
as I said in the beginning, figure out how to enforce the current ordinances already in place. I
find it very unfair that the city tums a blind eye to unlicensed taxi's even though they spent the
time and expense just two years ago to revamp the taxi ordinances. I also feel as a licensed
business operator, who has been paying the extremely high fees to operate in Ashland
(Medford is $100!yr) that it is unfair that the city ISN"T willing to protect not only myself as a
business owner, but also the residents and visitors to Ashland from unlicensed operators.
Thank you for taking the time to listen to my comments.
Respectfully,
Nancy Buffington
Cascade Airport Shut1le
3295 Highway 66
Ashland, Or 97520
1541 4881998
,
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Report on Water and Wastewater Utility Rates
March 1,2011 Primary Staff Contact: Lee Tuneberg
Administrative Services E-Mail: tuneberl@ashland.or.us
None Secondary Contact: None
Martha Benne Estimated Time: 30 minutes
Question:
Will Council schedule a public hearing for March 15,201] to consider an increase in Water Rates and
Wastewater Rates?
Staff Recommendation:
Staffrecommends that Council set a public hearing for March 15,2011 to consider rate increases in
both funds.
Background:
Each year the City must evaluate the need to adjust utility rates. This involves evaluating revenue
trends and changes in operations. Often, contractual requirements, environmental mandates and the
economy impact rates. Staff also considers whether rate increases are affordable for residents. Given
the current economic condition, staff recognizes Council's goal for proposing as small an increase as
possible. The difficulty is in balancing a fund's need with affordability.
In April 2010, the City council adopted rate increases of 8% for Water rates and 9% for Wastewater
rates. Council also adopted a new "irrigation block" of water for the summer months.
Wastewater revenues are more stable and generated a comparable increase in revenue of 6.7% from the
prior 9% rate adjustment, the water revenue has remained flat with almost no increase despite its 8%
increase and the irrigation surcharge. Thus. the Wastewater Fund is better off from last year's
increase. whereas the Water Fund is still spending down its operational reserves and they will be
consumed unless action is taken.
FY 2010-2011 FINANCIAL OVERVIEW
WATER
One year ago, Council adopted a rate increase of 8%. At that time Council discussed the need for
increases and implemented smaller increases than needed by deferring the Crowson project and
staggering implementation to soften the impact. Council also approved the use of an additional block
rate on water consumption meant to encourage conservation (reduced consumption) for residential
services during the summer. The relatively cooler, damp weather in 2010 likely had more impact on
customer use than the irrigation surcharge tacked onto the higher block rate.
The City Council has adopted the following rate adjustments in the past four years:
Pagel of 5
~~,
CITY OF
ASHLAND
FY 2005.06 FY 2007.08
Water Rate Increase 3.5%
6.0%
FY 2008.09
4.0% 10.0%
to 7.8%
. 811108 . 4/20/09
FY 2009.10
8.0%
Effective: . 811105
. 811/07
5/1/2010
The Water Fund still carries significant debt relating to past improvements and operational costs like
treating water to comply with quality requirements and maintaining or replacing infrastructure puts
pressure on rates. Reductions in water sales exacerbate the situation in that little is saved when water
isn't treated and sold. Poor water sales do not provide enough cash flow to cover overhead costs or
some of the variable costs that Ashland's rate structure require.
The table below outlines the revenue and expenditure issues:
FY 201 0.2011 Water Comparison Budget Projected
Carry Forward from FY 2010 $ 1,755,937 $ 1,851,885
Revenue:
Charges br Service $ 4,718,710 $ 4,320,900
Added Revenue in FY 2011 (1 or 2 months) 72 ,ODD
Taxes & In1ergovemmenlal 393,540 302,832
Miscellaneous 36,017 31 ,499
In1erest 24,015 13,500
Sys1em Development Charges 69,816 100,000
ln1erfund loan - 800,000
Financing & other 2,626,256 -
Total Revenue 7,868,354 5,640,731
Total (Carry Forward + Revenue) $ 9,624,291 $ 7,492,616
Expense:
Personal Services $ 1,709,828 $ 1,581,649
Ma1erials & Services 2,927,236 2,521,101
Existing Debt Service 760,862 758,312
Other. ProjeclslEquipment 774,365 771,300
Contingency 150,000
Total Expendnures 6,322,291 5,632,362
Projected Ending Fund Balance $ 3,302,000 $ 1,860,254
-
Less:
Projected Restricted (SDC) $ 1,499,419 $ 1,774,739
EFB Target (City policy) 900,000 .
Difference $ 902,581 $ 85,515
Proposed increase 10.0%
Annualized Revenue from Increase $ 432,000
After two years of disappointing sales the fund needs an infusion of cash to meet its obligations. Staff
is working on a recommendation to loan up to $800,000 from the Equipment Fund to aid in meeting
the needs. This short term loan will need to be renewed each year as needed until sales rebound and
rates are revised per the master plan to meet long term needs.
Page2of5
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CITY OF
ASHLAND
The fund has a considerable amount of unfunded future capital improvements in the CIP and financing
will be difficult as long as rate revenue does not exceed operational and capital needs.
W ASTEW A TER
In 2010, the City council adopted a 9% increase for Wastewater rates. This has yielded an increase of
6.7% in revenues since that time.
The City Council has adopted the following rate adjustments in the past four years:
FY 2005.06 FY 2007.08
Wastewater Rate Increase 3.0% 10.0%
FY 2008.09
3.0% 20.0%
FY 2009.10
9.0%
Effective:
r 8/1/05
r 811/07
r 8/1/08 r 4/20/09 r 6/1/10
The table below outlines the revenue and expenditure issues:
FY 2010.2011 Wastewater Comparison Budget Projected
Carry Forward from FY 2010 $ 3,326,484 $ 3,496,009
Revenue:
Charges i:>r Service $ 3,348,200 $ 3,357,000
Added Revenue in FY2011 (1 or2 monlhs) 16,800
Taxes & Inilrgovemmenlal 1,648,000 1,648,000
Miscellaneous 1,000 -
Inilrest 23,326 30,000
Sysilm Development Charges 39,055 40,000
Financing & olher 361,250 324,000
Total Revenue 5,420,831 5,415,800
Total (Carry Forward + Revenue) $ 8,747,315 $ 8,911,809
Expense:
Personal Services $ 919,210 $ 902,104
Mailnals & Services 2,580,093 2,604,100
Existing Debt Service 1,771,979 1,771,979
New Debt Service 54,575 54,575
OIher - Projecls/Equipment 941,500 481 ,000
Contingency 151,000
Total Expenditures 6,418,357 5,813,758
Projected Ending Fund Balance $ 2,328,958 $ 3,098,051
Less:
Projected Restricted (SDC) $ 1,287,368 1,514,091
Target (C~ policy & loan) 750,000 1,620,000
Difference $ 291,590 $ (36,040)
Proposed increase 6.0%
Annualized Revenue from Increase $ 201,000
Page 3 of5
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CITY OF
ASHLAND
Public works has secured low interest financing for replacing wastewater treatment plant filtration
screens. This will help soften the impact of their operational cost.
PUBLIC HEARING
Rate adjustments require a public hearing. Staff is compelled to recommend rate adjustments in both
Water and Wastewater. In the public hearing options would be provided for Council to consider
including potential impacts of the options.
Based on the information available at this time a minimum rate increase in the 10% range could be
recommended for the Water Fund and 6% for Wastewater.
Budgeted and Proposed Increases 2011 Budget 2011 Proposed
Water Fees
8.0%
10.0%
Wastewater Fees
8.0%
6.0%
The estimated impact of such adjustments, if done "across the boards" on all rates is estimated as:
Fund
Operational Rate Increase
Additional Revenue (151 year)
Monthly impact on a SFR
Water
10%
$432,000
$2.99
Wastewater
6%
$201,000
$1.30
The above table primarily addresses operational needs only. Additional amounts should be considered
to cash fund capital proje.cts or to pay for debt service.
Funding for projects in the CIP (if accomplished) will result in annual debt service payments and
additional rate increases on top of those needed for operations. Both infrastructure systems are aging
and need major projects and staff proposed in the CIP only the bare minimum to be done. The capital
projects approved in the CIP for FY 2012 alone have a potential rate impact through debt service of
0.25% for the Water Fund and 0.5% in the Wastcwater Fund and do not address the future projects or
the combined, unfunded CIP of $27 million.
The impact of these rate increases is estimated to be approximately $4.29 per month for a sample
Ashland household, or about $51.48 per year. Some of the increase will cover operational costs, and
some will cover capital projects.
Multiple changes in rates are difficult for staff to implement. Additionally, the Wastewater base
charges are adjusted each April for winter water consumption. To reduce confusion and to facilitate
orderly adjustments, staff will propose that any approved rate increases for these funds be staggered
with Water adjustments effective May 1,2011 and Wastewater rates on June 1,20] I.
Please note that rate adjustments for Stormwater, Transportation and Electric are usually considered in
the fall. In the fall 2010, the Council did not increase any of these rates.
Page 4 of5
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CITY OF
ASHLAND
Related City Policies:
Financial Management Policy
Council Options:
Council can:
1. Accept staffs proposal to set a public hearing to discuss rates.
2. Direct staff to take other steps in funding operations and financing capital needs for either or
both funds.
3. Take no action and direct staff on what additional information is needed.
Potential Motions:
Council directs staff to schedule a Public Hearing for ate increases in the Water and Wastewater funds.
Attachments:
None
Page5of5
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