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HomeMy WebLinkAbout1991-1119 Council Mtg PACKET Important: Any citizen attending Council meetings may speak on any item on the agenda, unless it is the subject of a public hearing which has been closed. If you wish to speak, please rise and after you have been recognized by the Chair, give your name and address. The Chair will then allow you to speak and also inform you as to the amount of time allotted to you. The time granted will be dependent to some extent on the nature of the item under discussion, the number of people who wish to be heard, and the 1B gth of the agenda. [[ AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL NOVEMBER 19, 1991 I . EXECUTIVE SESSION: 7 : 00 P.M. - To review the evaluation of the City Administrator under ORS 192 . 660 (1) (i) . II. PLEDGE OF ALLEGIANCE: 7 : 30 P.M. , Civic Center Council Chambers III. ROLL CALL v IV. APPROVAL OF MINUTES :. Regular Meeting of November 5, 1991 . V. SPECIAL PRESENTATIONS: 1 . Acceptance of tree-planting grant from the Oregon Dept. of Forestry. VI . CONSENT AGENDA: 1. Minutes of Boards, Commissions & Committees. 2 . Monthly Departmental Report. 3 . Confirmation of Mayor's appointments to Transportation Planning Advisory Committee. 4 . Financial report for quarter ending September 30, 1991. 5. Memo from Director of Public Works regarding Ashland Pump Station spill . 6. Memo from Director of Public Works regarding paving of Hersey Street. VII . PUBLIC HEARINGS: 1. Proposed modifications to the Parking Ordinance (P.A. 91- 102) . 2 . Proposed amendments to the Sign Code (P.A. 91-127) . 3 . Proposed modifications regarding criteria for approval of Site Review involving requirement for adequate public facilities (P.A. 91-156) . VIII . UNFINISHED BUSINESS: 1. Approval of reimbursement policy for elected officials. IX. NEW & MISCELLANEOUS BUSINESS: s 1. Request for approval of demolition permit for structure at 531 Scenic. 2 . Request by Debbie Miller, Friends of Ashland, to address the Council to summarize recent Town Meeting. 3 . Memo from Fire Chief concerning department staffing. ,V(�'4 . Adoption of Findings-of-fact, Conclusions and Orders on P.A. No. 99-099 (Lloyd Haines) . ' 5. Petition from residents on Central Avenue requesting traffic control measures on Central Ave. X. PUBLIC FORUM: Business from the audience not included on the agenda. (Limited to 15 minutes) XI. ORDINANCES, RESOLUTIONS & CONTRACTS: OEd a3 �1. Second reading by title only of "An ordinance vacating a —> portion of Lori Lane" . .765-f! /2 . Second reading by title only of "An ordinance of the City of Ashland amending Section 4 . 18. 020 relative to vacation of public easements" . 1/3 . First reading by title only of "An ordinance relative to regulations in the forest interface to prevent wildfires". (Copies furnished in accord with the Charter) 4 .'/ First reading by title only of "An ordinance concerning standards for conditional use permits" . (Copies furnished in accord with the Charter) 5. First reading of an ordinance relative to adequate capacity of city facilities. 6.� First reading of an ordinance relative to unauthorized camping. 7. / First reading of an ordinance deleting reference to parking fines from Section 11. 28.030 of the Ashland Municipal Code. ,/ 8 ✓ Resolution declaring the canvass of the vote of November 5, 9 3 1991 regarding G.O. Water bonds. p p�- fLfG 9 . " Resolution adopting revised Site Design and Use Guidelines. 10. Approval of Air Taxi FBO Agreement for Ashland Municipal 11 Airport. XII. OTHER BUSINESS FROM COUNCIL MEMBERS XIII. ADJOURNMENT MINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL NOVEMBER 5, 1991 CALL TO ORDER: Mayor Golden called the meeting to order and led the Pledge of Allegiance at 7:30 P.M. on the above date in the Council Chambers. Laws, Reid, Williams, Acklin, and Arnold were present. Winthrop was absent. APPROVAL OF MINUTES: The minutes of the Regular Meeting of October 15, 1991 were accepted as presented. CONSENT AGENDA: Acklin moved to approve the Consent Agenda as follows: 1. Minutes of Boards, Commissions & Committees; 2. Monthly Departmental Reports; 3. RVCOG Annual Water Quality Report. 4. Letter regarding vacancy on Parks Commission; 5. Memo from Planning Dir. concerning L.C.D.C. 's proposed rule on planning for urban reserve areas; 6. Appointments to Audit Committee and Bicycle and Traffic Safety Commissions. Williams seconded and the motion carried on voice vote. PUBLIC HEARINGS: Lori Lane Vacation. The request is to vacate an unopened portion of Lori Lane and Public Works staff recommends approval. The public hearing was opened and Lloyd Haines, applicant, said his project was approved by the Planning Commission with the small section being vacated. Laws moved to approve the request, Reid seconded, all YES on roll call vote. Forest Interface Fire Regulations (P.A. 91-100) . Planning Dir. Fregonese explained that the proposed amendments to the Zoning Ordinance require developers to file fire prevention and control plans which are reviewed by the Fire Chief and attached as a condition of approval. The public hearing was opened, there was no comment from the audience, and the hearing was closed. Staff was requested to bring the appropriate ordinance to the next Council meeting for first reading. Standards for Conditional Use Permits (P.A. 91-101) . Planning Dir. Fregonese explained that the Planning Commission's purpose is to make the criteria match the historic intent of the ordinance and to clarify indefinite language. Reid noted that schools are left out of the section concerning adequate public facilities and Fregonese advised against including schools, but suggested the City and School District work together to develop a plan to accommodate future growth in the schools. He also recommended including schools in the Comprehensive Plan as capacity is not easily defined. City Attorney Nolte agrees and said any other way would put land-use planning in the School District' s hands. Golden felt that if the school issue is seen, as a way to stop growth it would turn back support of the schools. The public hearing was opened. Mark Murphey, 492 Lynn St. , said no need has been shown to justify the proposed changes, nor has data been presented in any documents to show a need. He asked that the Benjamin Regular Meeting - Ashland City Council - November 5, 1991 - P. 1 I Conditional Use Permits (Continued) vs. Ashland; Murphey vs. Ashland, and PINS project materials be made a part of the record. Murphey also submitted other materials to be entered into the record (attached to permanent record of this hearing) . He said the present ordinance should be left alone, but if proposed changes are adopted, schools be added as a public facility; and "density" remain a part of the criteria in Section 18 . 104 .050 C. Debbie Miller, 160 Normal, said conditional uses should be scrutinized more than outright uses, that schools should be considered a public facility, developers of large projects should bear costs of street improvements and effects of development should be considered cumulatively when evaluating the impacts. On a question from Golden, Fregonese said the Council instructed staff during their last goal- setting session to develop a more predictable process. He doesn't feel data is required for a legislative change, and density for non- residential uses ' is hard to establish. Reid does not want to shortcut the ability of citizens to appeal decisions to LUBA. Fregonese said it is hoped that the ordinance will aid Council in making the right decisions for the community. Murphey said density in terms of units per acre should be in the criteria for. residential areas. Williams said the old ordinance was frustrating and the proposed changes give good guidelines. Laws said the proposed changes are a good approach to stricter interpretation of the ordinance. Williams moved to bring back the ordinance and findings and Acklin seconded the motion, which carried on voice vote. UNFINISHED BUSINESS: Reimbursement Policy. Postponed until November 19 , 1991. NEW & MISCELLANEOUS BUSINESS: Site Review Standards - Large Commercial Developments. Fregonese reviewed the proposed timetable for preparation of the amendments. Golden said it is important that the Transportation Plan Advisory Committee begins meeting and it was generally agreed that both are important. Laws moved to adopt the proposed timetable, and schedule, on the 19th, hearings on amendments to the off-street parking ordinance and site design ordinance involving a requirement for adequate public facilities. A resolution adopting the Site Design and Use Guidelines will also be prepared. Reid seconded the motion which carried on voice vote. Accept Donation of open Space Land. Ken Mickelsen, Parks Director, said this donation from Mr. Jere Hudson will provide a connection from Nutley St. to Strawberry Lane and up to the future Strawberry Hill Park. Council accepted the donation and expressed appreciation to Mr. Hudson for same. PUBLIC FORUM: No comment from the audience. ORDINANCES RESOLUTIONS & CONTRACTS: Environmental Resources. Second reading by title only of an ordinance amending the Comprehensive Plan, Chapter IV - Environmental Resources. Acklin moved to adopt same, Arnold seconded, all YES on roll call vote. (Ord. 2650) Regular Meeting - Ashland City Council - November 5, 1991 - P. 2 Economy. Second reading by title only of an ordinance amending the Comprehensive Plan, Chapter VII - Economy. Laws moved to adopt same, Williams seconded, all YES on roll call vote. (Ord. 2651) Parks, Open Space, and Aesthetics. Second reading by title only of an ordinance amending the Comprehensive Plan, Chapter VIII - Parks, Open Space, and Aesthetics. Acklin moved to adopt same, Williams seconded, all YES on roll call vote. (Ord. 2652) Public Easements. Ordinance amending Section 4 . 18.020 of the A.M.C. concerning vacation of public easements. Williams moved to second reading, Arnold seconded, all YES on roll call vote. Vacate Public Easement. A Resolution was read vacating a public easement for a water pipeline right of way by quitclaim deed to Paul and Carol Hwoschinsky. Williams moved to adopt same, Acklin seconded, all YES on roll call vote. (Reso. 91-42) Vacate Public Easement. Resolution vacating a public utility easement for a water pipeline right of way by quitclaim deed to Donald and Michael' Thirkill. Laws moved to adopt same, Arnold seconded, all YES on roll call vote. (Reso. 91-43) OTHER BUSINESS FROM COUNCIL MEMBERS. Mayor Golden told Councilors of the Southern Oregon Council of Mayors' on the third Saturday of each month. This month is Ashland's turn to host the breakfast meeting, and anyone with agenda items should contact her. Williams told of his appointment to the Southern Oregon Regional Strategies Committee. Reid asked for a memo from the Public Works Director explaining why Hersey Street did not get paved this year. Laws moved to place a letter from R.V.T.D. on the agenda, Arnold seconded, all AYES on voice vote. The letter requested permission to extend route 10 to Highway 66 and YMCA Way and use YMCA Way as a turnaround. Laws moved to approve the request, Arnold seconded, all AYES on voice vote. ADJOURN: The meeting adjourned at 10: 05 P.M. Nan E. Franklin Catherine M. Golden City Recorder Mayor Regular Meeting - Ashland City Council - November 5, 1991 - P. 3 ��f ���u � Emorttu >� um November 15, 1991 OgE00a.• �a: City Council ram: Tree Commission 1I�IjPtt: Department of Forestry SBA Grant Last Fall the Tree Commission applied for and was awarded a $4,527 grant from the Department of Forestry. The project submitted by Commission was for tree planting along North Main from the railroad trestle to the real estate office (800 North Main Street). The grant specifies all work be conducted by local companies which qualify through the Small Business Administration and that the grant amount be matched by the applying jurisdiction. We therefore submit this grant to you for acceptance and approval. The Tree Commission will submit this grant to you at the November 19th council meeting. I ASHLAND PLANNING COMMISSION HEARINGS BOARD MINUTES OCTOBER 8, 1991 CALL TO ORDER The meeting was called to order at 1:40 p.m. by Michael Bingham. Jim Hibbert was also in attendance. Staff present were McLaughlin, Molnar and Yates. MINUTES AND FINDINGS The Minutes and Findings of the September 10, 1991 meeting were approved. TYPE I PLANNING ACTIONS PLANNING ACTION 91-135 REQUEST FOR A MINOR LAND PARTITION TO DIVIDE A LOT INTO TWO PARCELS WITH THE REAR LOT BEING A FLAG LOT FOR THE PROPERTY LOCATED AT 216 MEADE STREET. APPLICANT: PETER AND KRYSTYNA JENSEN The Commissioners would be willing to consider a Variance to waive the improvement of the flag for vehicular traffic and allow pedestrian access where the flag is proposed to be located. PLANNING ACTION 91-136 REQUEST FOR A MINOR LAND PARTITION AND BOUNDARY LINE ADJUSTMENT TO DIVIDE A LOT INTO THREE PARCELS FOR THE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF NORTH MAIN AND GROVER STREETS. APPLICANT: JERRY TONEY This application was called up for a public hearing. PLANNING ACTION 91-137 REQUEST FOR A CONDITIONAL USE PERMIT FOR AN ADDITIONAL TRAVELER'S ACCOMMODATION UNIT LOCATED AT 55 NURSERY STREET. TOTAL NUMBER OF UNITS WILL BE FIVE IN ADDITION TO THE OWNER'S UNIT. NEW UNIT IS PROPOSED FOR THE EXISTING STRUCTURE AT THE REAR OF THE PARCEL. APPLICANT: GAIL ORELL/LYNN SAVAGE This application was approved. PLANNING ACTION 91-138 REQUEST FOR A CONDITIONAL USE PERMIT TO CONVERT THE 24 APARTMENT UNITS TO CONDOMINIUMS FOR THE PROPERTY LOCATED AT 495-497 CHESTNUT. NO INCREASE IN THE NUMBER OF UNITS IS PROPOSED. APPLICANT: NANCY FRANCE This application was approved. PLANNING ACTION 91-139 REQUEST FOR SITE REVIEW FOR A THREE UNIT APARTMENT AND STUDIO APARTMENT LOCATED AT 266 AND 268 N. SECOND STREET. APPLICANT: DAN AND FRANKIE HORTON Hibbert moved to have a safety inspection done on the rear unit by the building inspector. Bingham seconded the motion. PLANNING ACTION 91-140 REQUEST FOR AN EXTENSION OF A MINOR LAND PARTITION TO DIVIDE A PARCEL FROM THE PREVIOUSLY,APPROVED SIX-LOT PINEVIEW ESTATE SUBDIVISION LOCATED ON IVY LANE. ALSO REQUESTED IS AN EXTENSION OF A PREVIOUSLY APPROVED OUTLINE PLAN FOR THE SIX-LOT SUBDIVISION. APPLICANT: ED HOUGHTON This application was called. up for a public hearing. PLANNING ACTION 91-144 REQUEST FOR A SITE REVIEW TO MODIFY THE PRESENT SERVICE BAY TO AN EXPRESS LUBE WITH EXIT ONTO "C' STREET, AND TO INCREASE THE PRESENT CASHIER'S AREA TO AWAITING ROOM AND SMALL MINI MARKET- TYPE USE. APPLICANT: KEN CROWSON Hibbert moved to add a condition to sign in favor of future sidewalk improvements. Bingham seconded the motion. ADJOURNMENT The meeting was adjourned at 2:10 p.m. 2 HEARINGS BOARD MINUTES OCTOBER 8, 1991 - - ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES OCTOBER 8, 1991 CALL TO ORDER The meeting was called to order by Chairman Pro Tern Barbara Jarvis at 7:10 p.m.. Other Commissioners present were Powell, Hibbert, Bingham, Carr and Medinger. Staff present were Fregonese, Nolte, McLaughlin, Molnar and Yates. MINUTES AND FINDINGS The Minutes and Findings of the September 10, 1991 meeting were approved. INTRODUCTION OF CITY ATTORNEY Fregonese introduced the new City Attorney, Paul Nolte. . TYPE III PLANNING ACTIONS PLANNING ACTION 91-085 REQUEST FOR MODIFICATION OF THE ANNEXATION CRITERIA AS PRESENTLY INCLUDED IN THE ASHLAND LAND USE ORDINANCE -- AMC 18.108.065. APPLICANT: CITY OF ASHLAND Jarvis had an exparte contact with Ilsa Nicholson. Nicholson discussed the annexation criteria and her reservations about expanding the process when she felt the City as a whole does not have adequate City services. STAFF REPORT Fregonese addressed Jarvis' comments by referring to Criteria D. The applicant has to show there are adequate City services available. Fregonese displayed a map showing 22 annexations that have taken place, 17 of which would not have met the existing criteria as interpreted by LUBA. The five that would have met the criteria are residential. Under the current criteria, the only kind of land that could be annexed is R-2 and R-1-3.5 land. Staff looked at the annexations that have occurred and wrote criteria around the practice the Commission has followed. ASHLAND PLANNING COMMISSION 1 REGULAR MEETING MINUTES OCTOBER 8, 1991 Commissioner Thompson has had concerns in terms of areas that could be annexed. Fregonese referred to the map with the orange areas, general areas of possible annexations under the proposed criteria without a five acre limit. By placing a five acre limit, this would eliminate many of the orange parcels. Thompson was specifically concerned about annexation of residential land, therefore, a five acre annexation could be allowed only for commercial, employment and manufacturing land. If the parcels designated in orange were annexed, this would not change the Urban Growth Boundary. Medinger did not see the sense of a five acre limitation. Fregonese thought the criteria could be limited to a single lot, or a contiguous lot no more than five acres in size. Fregonese explained that Thompson is concerned with residential annexations and wants to contain sprawl. Fregonese suggested adding the wording after "no greater than five acres in size", '.and creates no parcel which is greater than 51 percent". This would eliminate peninsulas. PUBLIC HEARING ROSS COLDWELL, 1027 Clay Street, stated that he believes his property is included in one of the orange areas on the map (a peninsula) and is concerned about a forced annexation. He has an acre and is not looking to develop or divide. Coldwell believes a precedent has been set with islands in the City and thinks that should continue. He C wanted the Commissioners to know that there are property owners who do not wish to be annexed into the City. Fregonese responded to Coldwell by stating that if the new annexation criteria is adopted, it would make Coldwell eligible for annexation. If the majority of the property owners and the majority of the voters in the area signed a petition to annex, an {{, annexation could occur. I COMMISSIONER DISCUSSION AND MOTION Ilt Powell shared Thompson's concerns. r i Fregonese said if the single lot wording was adopted, a three year limit could be added, between the time the annexation is effective and the property owner could apply again under that criteria. Hibbert and Bingham do not believe what is being proposed would create sprawl. Carr also agreed. ASHLAND PLANNING COMMISSION 2 REGULAR MEETING MINUTES OCTOBER B, 1991 i Medinger noted that the orange areas are already eligible for annexation and the only change is a slightly different criteria. Fregonese re-read wording of E: that the proposed area for annexation has greater than 51 percent of the perimeter adjacent to the current City limits, consists of a single lot or a contiguous lot, not more than five acres and creates no parcel greater than 51 percent. Increase no parcel whose boundary with the City is greater than 51 percent. Medinger referred to a letter from Patty Holcomb that was included in the packet. Jarvis maintains there is not enough land available that is affordable. It appears that this proposal would allow some acreage but not a glut and it is possible that it would provide more land, thus allowing people that work in Ashland to live in Ashland. Carr moved to recommend approval to the Council of Planning Action 91-085 complete with the new language that has been discussed tonight and to delete that portion suggested by Commissioner Thompson. Bingham seconded the motion and it was carried with Powell casting the dissenting vote. PLANNING ACTION 91-143 REQUEST FOR MODIFICATION OF THE FOLLOWING LAND USE ORDINANCE SECTIONS PERTAINING TO DRIVEWAY GRADE: DEFINITIONS (18.08), PARTITIONS (18.76), AND PERFORMANCE STANDARDS OPTION 08.88) OF THE ASHLAND MUNICIPAL CODE APPLICANT: CITY OF ASHLAND STAFF REPORT The Commission recently adopted changes to the ordinance and in looking at it with the new Fire Chief, he was uncomfortable with some of the changes and felt other revisions could be made. Those changes are reflected in the Staff Report. PUBLIC HEARING CHIEF WOODLEY listened to Medinger's concerns about the flag drive length and width, fire work area, and that there should be criteria that would adapt to individual circumstances. Woodley explained that the Fire Department has real limitations in fighting fires on questionable lots. They can operate more efficiently from the street, but they are asking for a minimum space needed for accessing a home. The Fire Department is still accepting many variables and are not asking for zero risk. The Fire Department carries a 24 foot extension ladder that is not always sufficient for fighting all fires. They are in the process of acquiring an aerial ladder, however, that will take about five years. If buildings are sprinkled, which Woodley offered as a logical ASHLAND PLANNING COMMISSION 3 REGULAR MEETING MINUTES OCTOBER 8,-1991 alternative to reducing the length of the driveway, this reduces the need for laying hoses. Fregonese interjected that the goal of the ordinance is to get development closer to the road. Jarvis mentioned the safety of the adjoining property owners need to be considered. She asserted that people that have difficult properties have to do difficult things to develop and it may cost more money. Woodley further explained the fire work area as any surface that would hold work equipment weight. Again, he mentioned a sprinkler system as a cost-effective alternative. Fregonese felt a maximum of 1,000 feet of driveway could be established if a sprinkler system was installed. Carr suggested that if any driveway is over 500 feet, a sprinkler system be mandatory. Woodley added this would not waive the requirement for a fire hydrant. Bingham stated there was more than adequate reason to limit the flag drives to 500 feet. The fire work area would take up the same amount of space as four and one-half parking spaces. Woodley said they would allow the homeowner to sprinkle instead. Bingham wanted to eliminate the fire work area. Bingham also mentioned that perhaps the City could look at incentives for retrofitting sprinkler. systems. Carr moved to recommend approval to the City Council of Planning Action 91-143, and add, in addition to the revisions in the Staff Report, 18.76.060C--Maximum length of the flag drive shall be 500 feet, with the exception of sprinklers, then to a maximum of 1,000 feet. Hibbert seconded the motion. McLaughlin suggested adding the wording: "shall" waive the Fire Work Area requirement, instead of "may" waive... . Fregonese will check with the City Attorney for the correct language. Bingham expressed his objections to flag drives. He sees the 500 foot length as an opportunity to limit flag drives not just for fire safety, but as it stands on its own. The motion carried with Bingham voting "no". OTHER Density Bonus Points Medinger wanted to see a change in the density bonus points available for affordable housing increased to 60 instead of the 40 that are currently available. Fregonese said ASHLAND PLANNING COMMISSION 4 REGULAR MEETING . MINUTES OCTOBER 8, 1991 that would be an easy amendment to draft and would include it under New Business at the next meeting. ADJOURNMENT The meeting was adjourned at 9:30 p.m. ASHLAND PLANNING COMMISSION 5 REGULAR MEETING MINUTES OCTOBER 8, 1991 ASHLAND AIRPORT COMMISSION MINUTES WEDNESDAY, OCTOBER 2, 1991 CALLED TO ORDER The meeting was called to order at 12:02 p.m. Those Commissioners present were: Bill Knowles, Merle Mills, Ken Jones, Gerry Insley, Matthew Ben-Lesser, Linda Katzen and Chairperson Al Alsing. Leo Zupan joined the meeting in progress at 12:25pm. Staff representatives present were: Steve Hall, Director of Public Works; Pam Barlow, Administrative Assistant to Public Works, and Rhonda Moore, Administrative Secretary. APPROVAL OF MINUTES The minutes were approved with the following corrections: Bill Knowles was present; under FBO REPORT: Knowles stated that it was the intent of the contract that they be used for maintenance and/or the FBO's own aircraft . . . ; CHOATE-MEISTER PLAN OWNERSHIP: OAED spelled out - Oregon Aeronautic Division; REIL INSTALLATION: JAI spelled out - Joint Acceptance Inspection. FBO PROPOSED PARTNERSHIP: BACKGROUND, LEASE AGREEMENT Hall review proposed partnership between Jeremy Scott and Gregory Reeser. Hall requested Commission act on the proposed partnership agreement, the revised lease agreement and the request for the proposed Part 135 Air Taxi Service. Insley moved that the Commission deny the request for a new FBO partnership agreement based on the fact that information requested of Scott and Reeser had not been provided to the Commission. No second on motion. Discussion followed. Insley moved to deny the proposed FBO lease agreement changes. Motion seconded. Motion passed 8 to 1. US CELLULAR ANTENNA Barlow reviewed the site proposal with the Commission and displayed photographs made during the site visit. Katzen reported no problems seen during her visits by air and by car. Ben-Lesser also visited by land and air and reported no problems with the proposed site. Knowles moved to approve this site location for the tower with a restriction that the tower be no taller than 601A.G.L. Motion seconded. Norm Davis of US Cellular spoke to the questions regarding the difference between the 40 ' and 60' tower. Davis reported that 40 ' is the minimum required and that 60' will be requested for FAA approval if it meets with Commission approval. Curt Weaver of US Cellular reported that the County is awaiting Airport Commission approval before proceeding. Motion passed unanimously. ASHLAND AIRPORT COMMISSION MINUTES OCTOBER 2, 1991 page 2 TEMPORARY WAIVER OF GENERAL AVIATION MINIMUM STANDARDS FOR PART 135 AIR TAXI SERVICE Barlow reviewed request by Walter Graham to operate a Part 135 Air Taxi Service using a Beechcraft Baron, model P58. The Commission was being asked to waive Item D2 of the General Aviation Minimum Standards Section IV. Commission discussed "temporary" time framereferred to in agreement. Mills moved to recommend the City Council grant Graham temporary relief from Item D2 standards until 2 years after the City has notified Graham of the City's intention to develop the Airport property. Motion seconded. Motion passed 8 to 1. TEMPORARY WAIVER OF GENERAL AVIATION MINIMUM STANDARDS FOR PART 91 SCENIC FLIGHTS SERVICE Barlow reviewed the request from Scot Douglas. Insley moved to recommend to City Council that Douglas be granted the same agreement as recommended for Walter Graham [City Council grant Douglas temporary relief from Item D2 standards until 2 years after the City has notified Douglas of the City's intention to develop the Airport property] . Motion passed unanimously. Hall noted that the waiver will be drafted in the form of an agreement to operate with this proviso; and will be returned to the Airport Commission for their review prior to submission to Council. REVIEW OF SAFETY REPORTS Insley reviewed the safety reports. The REIL is operational and should be commissioned within 2 weeks. Unicom radio has arrived and should be installed within 2 days. A garbage can has been installed at the George's Hangars and is being used by airport patrons. Reported a tree blocking vision clearance at the entrance to the airport. Staff will check on this problem. AIRPORT SECURITY: LOCKING THE GATES Barlow reviewed the memorandum from Officer Chilcote regarding having the inner gates locked at night and installing combination locks on them. Barlow will gather price information on a "punch- button" lock system. ASHLAND AIRPORT COMMISSION MINUTES OCTOBER 2, 1991 page 3 FBO REPORT Scott reported on the progress of the construction and invited everyone out to check on the progress. Scott reported two complaints were called to the airport. One was referred to Pilot Paul Mace and the other was out of Ashland Air's jurisdiction and referred to the proper authorities. The Civil Air Patrol currently has about a dozen active seniors and is meeting Tuesday . at 7:OOpm. Scott noted the Maintenance hangar doors need maintenance; he continues to have concerns regarding drainage around the Maintenance hangar due to flooding that occurs during heavy rains; the wind direction indicator needs work, too. UPDATE ON FBO BUILDING EXPANSION Hall reported on the progress of the FBO building expansion. The contractor requested the framing permit for October 10, 1991. FRANZOY COREY'S NEW TIME LINE Barlow advised the Commission that the new time line from Stanley Franzoy Corey Engineering Company showed a delivery date of the Draft Final Report would be October 23. INFORMATIONAL ITEMS Airport Accident Report: Hall reviewed an article presented to the Commissioners on airport accidents. Smoking Policy at FBO: Commissioner Ben-Lesser asked Staff what the policy was on smoking in the FBO. Hall stated that since it was a public building it would fall under the No Smoking policy. Hall will work with Scott to post No Smoking signs in the FBO. Master Plan Review: Commissioner Mills asked to be advised when the Master Plan Review had been scheduled. Portable Hangars: Charles Schafer requested the Commissioners' opinions on portable hangars being used on tie-down pads being rented now. Chairperson Alsing requested that Schafer first present his proposal to Hall and make his application thru Staff. The meeting was adjourned at 1:20pm. Respectfully submitted, Rhonda E. Moore, Administrative Secretary Mip\O091.Min CITY OF ASHLAND 'r = CITY HALL xt( r ASHLAND, OREGON 97520 4 7\� •, I telephone (Code 503) 4823211 { TO: Honorable Mayor and City Council PPJ31j: Al Williams, Director of Electric Utilities SUBJECT: Electric Department Activities for OCTOBER 1991. THE FOLLOWING IS A CONDENSED REPORT OF THE ELECTRICAL DEPARTMENT ACTIVITIES FOR OCTOBER 1991. INSTALLED 11 NEW UNDERGROUND SERVICES AND 2 OVERHEAD SERVICES. RECONDUCTORED 8 SECONDARY SERVICES DUE TO ELECTRICAL UPGRADES. INSTALLED 3250 FEET OF CONDUIT AND INSTALLED 5325 FEET OF CONDUCTOR. 6 TRANSFORMERS WERE INSTALLED FOR A TOTAL OF 302.5 'KVA AND 3 WERE REMOVED FOR A NET GAIN OF 190 KVA QN THE SYSTEM. RESPONDED TO 90 REQUESTS FOR CABLE LOCATES. HAD 255 CONNECT ORDERS AND 172 DISCONNECT ORDERS FOR A TOTAL OF 427 . THERE WERE 556 DELINQUENT ACCOUNT NOTICES WORKED AND 61 DELINQUENT ACCOUNTS WERE DISCONNECTED. ONE 50' POLE, FOUR 45' POLES AND ONE 35' POLE WERE. SET IN CONJUNCTION WITH OUR POLL TESTING AND TREATMSNT PROGRAM. FIVE 30' POLES WERE SET FOR NEW CONSTRUCTION AND TWO 50.' POLES WERE SET IN CONJUNCTION WITH THE TEMPORARY TRANSPOR14ER AT NEVADA 'STREET SUBSTATION. EMPLOYEES ATTENDED MONTHLY SAFETY. MEETING. oFaAS&`'y° PmaranAum November 14, 1991 GREGG� D� Ashland City Council Ae-I ram : . Mayor Cathy Golden �ixQlEtL Transportation Planning Advisory Committee Please approve the following appointments to the newly-created Transportation Planning Advisory Committee: Don Laws (City Council) Joanne Haddad (Bikeway Commission) Jenifer Carr, Barbara Jarvis (Planning Commission) Steve Armitage (Traffic Safety Commission) Ron Bolstad, Kevin Talbert (Southern Oregon State College) Citizens at Large Mike Kirkwood* Carole Wheeldon Carl Oates Peter Finkle* Evelyn Ashley* Ex-Oficio Members Wes Reynolds* - Jackson County Al Willstatter* - RVTD *Letters attached. r August 16, 1991 Mike Kirkwood Ashland, Oregon Mayor Golden: This letter is concerning the transportation situation in Ashland and the valley it lies in. ' I have previously spoken with you via telephone and am interested in what probable action could be taken by your office regarding the future of Ashland. If you could take the time to relay any information about this issue it would be greatly appreciated. Being a student and a person not directly involved with the political scene makes it somewhat difficult to understand the processes of what is occurring From what I have heard you, being the mayor are concerned with the people and the future. That seems promising, thank you. If there is any assistance or input that could better help your efforts, just ask. Your presence and opinions are very important to all of the residents of this town, please continue with the effort you have made. Take care. Sincerely, Michael J. Kirkwood v Peter Finkle 785 Beach St. Ashland, OR 97520 Mayor Catherine Golden City of Ashland 20 East Main St. Ashland, OR 97520 Dear Mayor Golden, I would like to be considered for a position on the Transportation Planning Advisory committee. I am interested in transportation as it relates to quality of life in our community. During the course of a year I use just about all modes of getting around town: auto, bicycle, walking and occasionally a bus. I see the need for a balanced approach to transportation planning, but one that will to the greatest extent possible provide alternatives to driving and make it safe and convenient for people to get around in Ashland without a car. Since I moved here with my company, Yerba Prima, I have not lived in the area very long. However, I do have a willingness to learn, to listen and to contribute. Feel free to call me at home or at work if you wish to talk. I will be out of town November 8, 9 and 10, and will be back the evening of the 10th. Sincerely, r r�� Pete Finkle RESUME Peter L. Finkle 785 Beach Street Ashland, OR 97520 Phone: Home 482-2819; Work 488-2228 EMPLOYMENT Yerba Prima 1981 - Present Ashland, Oregon Director of Quality Assurance Responsible for setting Quality Control goals and ensuring they are met in all phases of the company, developing new products as directed by marketing, implementing clinical research studies related. to our products, and providing technical sales support for company staff and customers. All Seasons Maintenance 1979 - 1980 , Mountain View, California Managed commercial property maintenance in the Bay Area. Responsible for quality of work, staff training and timely completion of projects. i EDUCATION B.A., Health.Education May, 1979 San Jose State University Major, Community Studies 1968 - 1971 University of California, Santa Cruz Graduated, Valedictorian June 1968 Villa Park High School r CONTINUING EDUCATION Food Product Development 1985 San Jose State University Current Good Manufacturing Practices for Pharmaceutical Production Supervisors 1986 The Center for Professional Advancement Regulatory Compliance and 1988 FDA Inspections The Center for Professional Advancement Medical Herbalism 1990 David Hoffmann, California School of Herbal Studies Stored Food Pests and 1991 Environmental Sanitation Seminar Okumura Biological Institute I Y PETER L. FINKLE RESUME PAGE 2.. PROFESSIONAL MEMBERSHIPS American Herbalist Guild , American Society of Pharmacognosy Institute of Food Technology Society for Economic Botany OUTSIDE INTERESTS - Tennis Bicycling Reading CV:PF .�_'. EVELYN F. ASHLEY Consultant October 25, 1991 Mayor Catherine Golden Ashland City Hall 20 E. Main St . Ashland , Or. 97520 Dear Mayor Golden: 1 I wish to apply for a volunteer position on the City of Ashland Transportation Planning Advisory Committee as 6 specified in the Daily Tidings . ` I have been a resident of Ashland for two years, and until recently was a public relations consultant with Rogue Valley Transit District coordinating levy campaigns and planning annexation of areas for public transit . i My background as a government relations representative for 15 years in the State of Washington includes 5 years as chief lobbyist for Seattle-Metro, consultant to the Washington State Transit Association for 3 years . I also served as Vice-Chair of the Washington Highway Users Federation, and 8 years as a Board member, as well as Board member of the Washington state Good Roads and Transportation Association. I have an understanding of state government, legislative and transportation issues . I have monitored legislation for , and represented the Washington Asphalt Paving Association at county, city legislative and other meetings relating to transportation matters . I am also a member of the Ashland Chamber of Commerce . I would be pleased to serve on this committee. If you need any additional information, please call me. Sincerely, Evelyn Ashley Home address : 2234 Siskiyou Blvd. #D-42 Ashland, 97520 P.O. BOX 471 • Ashland, Oregon 97520 • (503)488-3141 t mm JACKSON COUNTY, OREGON JOS�MESTTROAFHLDDIRECTOR 200 ANTELOPE ROAD WHITE CITY,OREGON 97503 (503)826-3122 or(503)776-7268 ' • FAX:(503)826-1655 October 21, 1991 Catherine M. Golden, Mayor City Hall 20 East Main Street Ashland, OR 97520 RE: Transportation Planning Advisory Committee. Dear Mayor Golden: Thank you for the invitation to serve on the ad hoc Transportation Planning Advisory Committee (TPAC) established by the City Council. I feel that I can be an asset to the committee. Indeed, it is already an aspect of my job to coordinate with TPAC and its counterparts around the county. The Jackson County Public Works Department was committed to cooperating with cities for the improvement of transportation systems in city limits and urban growth boundaries even before the state adopted its new transportation planning rule. Therefore, I can be available to the committee to report, on multi-modal transportation planning at the county and regional levels. The effective implementation of the committee's work will depend on broad-based public support. So, the overall purpose of the committee might be better advanced by the appointment of three at-large members who do not have full-time jobs as transportation planners. I would like to be informed of when the committee will first meet and would be happy to discuss the overall context in which the committee will work on transportation issues. Please call me at 776-7268 if you wish to discuss these issues further. �Sincerely; Wes L. R,Ce/yno IS Transportation Planner -- WLR:sdc cc: Joseph L. Strahl 3200 Crater Lake Ave. 1IIIIIIIIIIIIIIIIIIRI/TD Fax O(0 7&287704 ROGUE VALLEY TRANSIT DISTRICT October 21, 1991 The Honorable Catherine M. Golden Mayor of the City of Ashland 20 East Main Street Ashland, OR 97520 Dear Mayor Golden: On behalf of the Rogue Valley Transportation. District Board of Directors, I wish to express the District's appreciation to the City and its citizens for the past support shown for RVTD. We are pleased that Ashland has formed the Transportation Plan- ning Advisory Committee and invited a member of this Board to be an ex officio member. RVTD has a standing committee for planning and route development. Mr. Al Willstatter is a member of that committee and would be an excellent person to act as a liaison between the two organizations. RVTD wants very much to enhance our working relationship with r other governments and public groups. Thank you for extending this opportunity. Please be assured of our future cooperation in all matters of mutual concerns. Respectfully, Mike Sweeny C/ RVTD Board Chairman h P o4.:�i AS November 5, 1991 GREGGa �. Mayor and City Council �rom:~ Jill Turner, Director of Finance //. LTDjQ Financial Report for September 30, 1991 l7 Attached is the September 30, 1991, Financial Report for the City of Ashland. It does not include the Hospital or Parks and Recreation Commission reports which were released to their respective boards and commissions. The first eleven pages are the Statement of Resources and Expenditures for the quarter ending September 30, 1991. The Expenditures are listed in the same classifications as the adopted budget. Expenditures are reported on the modified. accrual basis of accounting, which means that those incurred prior to October 1 are included regardless of when paid. Resources are also recorded on the accrual basis of accounting. Page 12 is a listing of cash and investments by type of investment and by holder of the investment. Page 13 is a listing of cash and investments by fund. Page 14 is a listing of carryovers to the current fiscal year. Again, the report that follows does not include the Parks and Recreation or Hospital revenues and expenditures, but does include our investments on their behalf. A detailed Revenue Statement, Expenditure Statement and Balance Sheet are available in the Finance Office for your review. The utility billing system has now been changed f from a cash to accrual system of accounting. The attached September report shows three months of utility revenue and not two as in the past, thus revenues and expenditures are properly matched. In addition, this change adds greatly to our internal control and accountability. This change is a major step towards enterprise accounting for the utilities. Staff is now compiling the second major— component, fixed assets for the expected June 30, 1992, conversion. a HIGHLIGHTS FROM THE STATEMENT OF RESOURCES AND EXPENDITURES General Fund Although individual categories vary,. the first quarterly expenditures are at 23% of budget, with. 25% serving as the overall guideline. This compares to 24% at this time last year and 27% the year earlier. Total expenditures are $85,456 ahead of last year. Included in the Police department expenditures is $43, 500 in back salaries and benefits for the 1990-91 fiscal year. Total Resources are 28% of budget compared to 28% at this time last year and 33% the year earlier. Total general fund resources are $126,942 above last year. The general fund carryover was $12,425 more than budgeted. Building and Planning fees are at 33% of budget or $19,099 ahead of last fiscal year. Transient Occupancy Tax receipts are exceeding projections. Cemetery Fund The cemetery fund derives its resources from three sources, the largest. being property taxes, followed by interest from trusts and y service charges. In 1990-91, both interest earnings and services fees were below budget. This budget calls for additional taxes, and an increase in rates to offset the decline in interest and sales and service fees. j Street Fund This fund continues to perform well. The carryover into the present fiscal year was at budget, and $42,989 above last year. Expenditures are at 19% of overall budget compared to 26% last year. Water Oualit9 Fund This fund is on my watch list. Although revenues are presently at 52%, I do not expect them to reach 100% by the end of the fiscal year. In the meantime, expenditures for Personnel, Materials and Services and Capital are all close to budget and will most likely be near 100% by year end. The carryover is being used to pay current 0 expenses at an alarming rate. Balancing of this fund in the future will be difficult without a rate increase for basic operations.. Sewer Fund The carryover was $111,644 more than expected. This is primarily because of the Bear Creek interceptor sewer line project of $67,000 that was not complete until July of the present year. - r Electric Fund Expenditures in both the Conservation . Division and Electric Department are below this time last year. The Conservation department is reflective of the slower residential home construction and the Electric Department has realized savings from a staff reorganization. Central Services Fund Expenditures in this fund are broken down by department. Overall expenditures are at 22% of this budget. Insurance Services Fund This fund is moving from a growing, new fund to a mature fund with little growth. The carryover was $23, 141 less than budgeted. This was primarily due to projected assessments for prior years liability claims. Cash and Investments The City of Ashland cash and investments at September 30, 1990, was $10, 256, 824 compared to $10,723 , 669 at September 30, 1991, representing an increase of $466,795. Although the total cash is up, the City share is at its lowest point since April 1989. The total cash and investments is graphically portrayed in the first graph. 12 2-903-91 11 6-90 6-91 9-91 12-89 3-90 9-90 10 6-89 9_89 —88 4-89 9 g-8812-88 8 7 N t ° 6 E v 5 4 3 2 1 0 / ® city ® Hospital ® Parks The following graph displays only the City (not 'including Parks and Hospital) cash and investments at September 30th. The third graph shows the same information on a quarterly basis. Both graphs illustrate the overall decline. 77 9-90 7.6 9-89 7.5 7.4 91 ].3 z2 a F 7.1 7 6.9 6.8 6. 9 6.6 �- ❑ C,ly 7.9 7.8 r89 7.] 7.6 12-90 3- 90 7.5 4 7.4 6-9 7.3 9-91 ° 7.2 F 7 6.9 6 6.8 6.7 6.6 9 6.5 12-88 ❑ City The final graph is of the General Fund cash balance at September 30 each year. Again a decline is shown. 540 -8 520 500 480 460 440 n 420 400 0 380 360 340 320 90 300 2809 1 8 9 91 260 Summa ry Expenditures and Resources should perform as projected in the 1991-92 budget. Revenue estimates appear obtainable. Ashland's diverse revenue structure will help us weather the national- recession in good financial shape. Although we are in a good overall financial position at the present, continuing this trend will be challenging. Aemorondum November 12, 1991 �REGO w Brian Almquist, Mayor and City Councilr�/� �rIIm: Steven Hall, Public Works Director�- Subjert- Sewage Spill-Ashland Pump Station Attached is a letter from Richard Marshall to DEQ in reference to a minor spill on November 5, 1991. Initial reports referenced a spill of about 21,000 gallons; but, after reviewing operation records, the amount was determined to be less than 500 gallons. The alarm system and response crew worked well to minimize the spill into Ashland Creek. We are currently reviewing newer equipment to replace the compressor system currently in place. The newer equipment would reduce the potential of this type of occurrence happening in the future. SMH: cc: Dennis Barnts, Water Quality Superintendent Richard Marshall, Wastewater Plant Supervisor Encl: Marshall letter C I T Y O F A S H L A N D C I T SYAND,DRHO A S L L telephone (Code 503) 482.3211 November 7 , 1991 Mr. Dennis Belsky Dept. of Environmental Quality 201 W. Main St . Medford, OR 97501 RE: Sewage . Spill l Dear Mr. Belsky Ashland Creek Sewage Lift Station spilled less than 500 gallons of settled raw sewage into Ashland Creek. The spill was from 1: 40 AM to. 2 : 10 AM on November 5, 1991. All agencies were notified. The spill was caused by a compressor tripping it 's breaker. The compressor and breaker were checked by a City 'Electrician; no faults or defects could be found. A back-up compressor has been installed on a separate breaker to correct this situation. If you have further questions, feel free to contact me at i 488-5348 . r Sincerely, Richard Marshall Waste Water .Treatment Plant Supervisor ' e,......... °F "`�a. AEmaranAum November 8, 1991 ' .GREGO." Z Brian Almquist, Mayor and City Council I I' Steven Hall, Public Works Director JJ_ rom: II�;Etf: Hersey Street Paving After I left the November 5 Council meeting, I understand questions as to Street been paved this year. The project was planned for paving after July, 1991- A storm drain on the south side of Hersey Street was found to be badly deteriorated and could be subject to failure in the near future. The storm drain would be directly under the new pavement. In addition, an old storm water and irrigation concrete arch on Mountain Avenue just north of Siskiyou Boulevard collapsed in the front yard of a home. Each of these projects were beyond the scope of the Street Division equipment and had to be designed and bid by the Engineering Division. The project is due to be bid in about one month. Because of that issue, the paving of Hersey Street was delayed until the Spring of 1992. Because of the delay, the Street Division will take all precautions to minimize dust during the dry times until the street is paved. The initial step was taken by placing an oil emulsion on the granitic surface of Hersey Street to minimize dust problems. I will be sending a letter to the neighbors in the area explaining the situation. SMH:rm\MeeySt.cc cc: Jim olson, Assistant City Engineer Jerry Glossop, Street Superintendent Pam Barlow, Adminstrative Assistant f DEPARTMENT OF PUBLIC WORKS Skeen M.Mall,P.E.,Director HALL r 503-M-Ul, November 13; 1991 1 �� David B. Sebrell/ Wttt of As111ttnb Lisa Grant Q .ce 271 N Mountain Avenue ASHLAND,OREOON 87520 Ashland, OR 97520 RE: Taxlot 391E09AA1200 By now I am sure you are aware that the gravel section of Hersey Street from Mountain Avenue to Ann Street will not be paved this year as promised. I hope the following explanation will help you understand the predicament that forced me to cancel the project until Spring, 1992 . A storm drain on the south side of Hersey Street was found to be badly deteriorated and could be subject to failure in the near future. The storm drain would be located under the new pavement. It would not be wise nor prudent to construct a new road over a storm drain that could collapse in a few years. In addition, an old storm water and irrigation concrete arch on Mountain Avenue just north of Siskiyou Boulevard collapsed in the front yard of a home. Each of these projects was beyond the scope of the Street Division equipment and had to be designed and bid by the Engineering Division. The storm drain project is due to be bid in about one month. Because of this, the paving of Hersey Street was delayed until the Spring of 1992 . Because of the delay, the Street Division will take all , precautions to minimize dust during the dry times until the street is paved. The initial step was taken by placing an oil emulsion on the granitic surface of Hersey Street to minimize dust problems. If you do have problems, please contact Jerry Glossop or Butch Yandell at 488-5313 between 8: 00 a.m. and 4 : 30 p.m. on weekdays. Again, my apologies, but I hope you understand the situation. Thank you for your patience. Sincerely yours, even M. Ha 1, P.E. Public Works Director SMH:rm\HeneyStAr cc: Jim Olson, Assistant City Engineer Jerry Glossop, Street Superintendent Butch Yandell, Street Supervisor Pam Barlow, Administrative Assistant Contents of Record for Ashland Planning Action 91-102 REQUEST FOR MODIFICATION AND COMPLETE REVISION OF THE OFF-STREET PARKING ORDINANCE - AMC 18.92 - ALLOWING FOR CREDIT FOR ON-STREET PARKING, ESTABLISHING MAXIMUM PARKING LIMITS, AND RELATED MODIFICATIONS. APPLICANT: CITY OF ASHLAND -- Planning Department Staff Report 11/19/91 . . . . . . . . . . . . . . . . . . . . . . . 1 -- Planning Commission Minutes 9/10/91 . . . . . . . . . . . . . . . . . . . . . . . . . . 16 ASHLAND PLANNING DEPARTMENT STAFF REPORT November 19, 1991 PLANNING ACTION: 91-102 APPLICANT: City of Ashland ORDINANCE REFERENCE: 18.92 Off-Street Parking Ordinance REQUEST: Modification and complete revision of the Off-Street Parking Ordinance, allowing for credit for on-street parking; establishing maximum parking limits; and related modifications. L Relevant Facts 1) Background - History of Application: This revision was initiated by resolution of the Planning Commission. The Planning Commission reviewed the action at their September 10, 1991 meeting, and made modifications to the suggestions of staff. The ordinance as it currently exists is included here, with the sections proposed for change or deletion indicated in strikeout text. Modifications recommended by Staff are shown in bold. Where Staff recommendations were modified, the Staff changes are shown in bold strikeout while the Commission's recommendations are indicated in s�r � d R This draft also include recommendations from the Public Works Director. Additional review and comments will also be available from the City Attorney at the meeting. 2) Detailed Description of the Site and Proposal: The Off-Street parking ordinance has had little revision since its initial adoption in the 70's. In this revision, we have reviewed the parking calculations, using "PARKING GENERATION", a reference manual from the Institute of Traffic Engineers. We have found that most of our parking requirements are reasonable, and we have only made slight changes in the requirements. Overall, there has been a basic "housecleaning" of the ordinance, removing unnecessary provisions, etc... Included in the revisions is a requirement setting a maximum amount of parking that any use can have. The ordinance at present is silent on this issue. We have proposed that no use can exceed 10% of the required number of parking spaces. We believe that this will help control unnecessary paving, and perhaps by not making all parking as convenient, we will also encourage other modes of transportation. But there is also an opportunity for uses that believe that additional spaces are warranted to provide for them. In those instances where additional parking is desired by the use, it may be provided in rooftop parking, or under buildings in structures. This will still limit the overall extent of parking areas, in accord with the code while still providing a relief mechanism for additional parking. These revisions which have lessened the requirement for some uses includes an assumption that on-street parking is generally available throughout the City, and will be available for extreme overflow instances. This will require a commitment by the City to maintain existing on-street parking, and to provide on-street parking in the development, or redevelopment, of new streets. An important new section if 18.92.025 which allows for credit for an excessive amount of on-street parking. The new ordinance outlines the procedures for granting space credits for excess on street spaces. It should be noted that this change does not commit those on-street spaces to the specific use, but only considers them as available within the area. PA91-102 Ashland Planning Department — Staff Report 11 City of Ashland November 19„ 1991 Page 2 Chapter 18.92 OFF-STREET PARKING Sections: 18.92.010 Generally. 18.92.020 Spaces Required. 18.92.025 Credit for On-Street Parking 18.92.030 Handicapped Parking. 18.92.040 Bicycle Parking. 18.92.050 Compact Car Parking. 18.92.055 Variances for Commercial Buildings in the Historic District. 18.92.060 Limitation, Location, Use of Facilities. 18.92.070 Design Requirements. 18.92.080 Construction. 18.92.090 Alterations, Enlargements. .8.92.1.66 hoading, Facilities. 18.92.010 Generally. In all districts, except those specifically exempted, whenever any building is erected, enlarged, or the use is changed, off-street parking shall be provided as set forth in this chapter. 18.92.020 Spaces Required. Uses and standards are as follows: A. Residential Uses. 1) Single Family Dwellings 2 spaces for the primary dwelling and the following for accessory residential units: Studio units or 1-bedroom units less than 500 sq. ft. -- 1 space/unit s 1-bedroom units 500 sq. ft. or larger -- 1.50 spaces/unit 2-bedroom units -- 1.75 spaces/unit 3-bedroom or greater units - 2.00 spaces/unit 2) Multi-Family Dwellings Studio. units or 1-bedroom units less than 500 sq. ft. — 1 space/unit 1-bedroom units 500 sq. ft or larger — 1.50 spaces/unit PA91-1M Ashland Planning Department — Staff Report II City of Ashland November 19„ 1991 f Page 3 2-bedroom units -- 1.75 spaces/unit 3-bedroom or greater units - 2.00 spaces/unit Retirement complexes for seniors 55-years or greater - (}ow-income) - 1 space/unit. 3. Clubs, fraternity and sorority houses, rooming and boarding houses, dormitories. Two spaces for each three guest rooms; in dormitories, 100 square feet shall be equivalent to a guest room. 4. Hotels and motels. One space for each guest room, plus one space for the owner or manager. 5. Manufactured housing developments. , plus one space pei site fo, guest . Parking requirements are as established in Chapter 18.84. 6. Performance Standards Developments. fit addition to tit A t required whese no on-stieet paiking is provided. Parking requirements are as established in Chapter 18.88. B. Commercial Uses. 1. Auto, boat or trailer sales, retail nurseries and other open-space uses. One space per 1,000 square feet of the first 10,000 square feet of gross land area; plus one space per 5,000 square feet for the excess over 10,000 square feet of gross land area; and one per two employees. 2. Bowling Alleys. Three spaces per alley, plus additional spaces for auxiliary activities set forth in this section. SD 3. Business, general retail, person services. General - one space for 350O square feet of gross floor area. Furniture and appliances - one space per 599 950 8, square feet of gross floor,area. 4. Chapels and mortuaries. One space per four seats in the main chapel. and for ever� 28 z4ame feet of seating atea where there are no fixed seats, phis one space each two einployetm 5. Offices. Medical and dental - one space per 399 350 square feet of gross floor area. General - one space per 466 4S. quare feet of gross floor area. PA91-102 Ashland Planning Department — Staff Report If City of Ashland November 19„ 1991 Page 4 , 6. Restaurants, bars, ice cream parlors and similar uses. One space per four seats there a1C 110 fixed seats, plus 10 spaces is ieqnhed. or 1 space per 100 sq. ft. of gross leasable floor area, whichever is less. 7. Skating rinks. One space per 28 350 square feet of gross building area rink area, plus one space pe, fout fixed seats, and fo, every 28 square feet of assernbly are where there ale 110 ffied seatS. 8. Theaters, auditoriums, stadiums, gymnasiums and similar uses. One space per four seats and fo, every 28 squaie feet of seating area where time are n6 fixed seats, plus one pe, two employees, a ininintunt of ten spa C. Industrial Uses. 1. Industrial and manufacturing uses, except warehousing. One space per two employees on the largest shift or for each 590 700 square feet of gross floor area, whichever is less, plus one space per company vehicle. 2. Warehousing. One space per 1,000 square feet of gross floor area or for each two employees, whichever is greater, plus one space per company vehicle. 3. Public utilities (gas, water, telephone, etc.), not including business offices. One space per two employees on the largest shift, plus one space per company vehicle; a minimum of two spaces is required. D. Institutional and Public Uses. 1. Child care centers having 13 or more children. One space per two employees; a minimum of two spaces is required. R j 2. Churches. One space per four seats, and forevety 28 squaie feet of s area in tire main anditotion, Mime there are no fixed seats. 6 3. Golf courses, except miniature. Eight spaces per hole, plus additional spaces for auxiliary uses set forth in this section. Miniature Golf Courses - Four spaces per hole. k 4. Hospitals. Two spaces per patient bed. 5. Nursing and convalescent homes. One space per three patient beds. 6. Rest Homes, Homes for the Aged pr:,Assts ±<< ,tc! g One space per two patient beds or 1 space per apartment unit. PA91-102 Ashland Planning Department -=Staff Report II City of Ashland November 19„ 1991 Page 5 1 7. Schools, elementary and junior high. One and one-half (1 1/2) space per classroom, or the requirements for public assembly areas as set forth herein, whichever is greater. 8. High schools. One and one-half (1 1/2) spaces per classroom, plus one space per 10 students the school is designed to accommodate, or the requirements for public assembly as set forth herein, whichever is greater. 9: Colleges, universities and trade schools. One and one-half (1 1/2) spaces per classroom, plus one space per five students the school is designed to accommodate, plus requirements for on-campus student housing. E. Unspecified Uses. Where parking requirements for any use are not specifically defined in this section, such requirements shall be determined by the Staff Advisor based upon the most comparable use specified herein, and other available data. F. Maximum Allowable Number of Spaces. The number of spaces provided by any particular use in ground surface lots shall not exceed the required number of spaces provided by this ordinance by more than 10%. Spaces provided on-street, or within the building footprint of structures, such as in rooftop parking, or under-structure parking, or in multi-level parking above or below surface lots, shall not apply towards the maximum number of allowable spaces. 18.92.025 Credit for On-Street Parking. A. The amount of off-street parking required shall be reduced by the following credit . provided for on-street parking: one off-street parking space credit for every two on-street spaces up to four credits, thereafter one space credit for each on-street parking space. B. On-street parking shall follow the established configuration of existing on-street parking, except that 45 degree diagonal parking may be allowed with the approval of the Public Works Director, taking into account traffic flows and street design, with the parking spaces designed in accord with the standards on file with the Public Works Department. The following shall constitute an on-street parking space: 1. Parallel Parking, each 24 feet of uninterrupted curb. 2. 45 degree diagonal, each 13 feet of uninterrupted curb. C. Curb space must be contiguous to the lot which contains the use which requires the parking. D. Parking spaces may not be counted that are within 25 feet measured along the curb of any corner or intersection of an alley and a street, nor within 10 feet of an intersection of a street and a driveway, as measured from the bottom of the apron wing, nor any other parking configuration that violates any law or standard of the City or State. PA91-102 Ashland Planning Department — Staff Report 11 City of Ashland November 19„ 1991 Page 6 E. .Parking spaces located on arterials and Collectors riiay only<Yeceive credit if the artenal or colleCtor..rs greater in'width than.th'e minimums established by the street s rid taards fn 18 80 F. 'iParkrog=spaces miay not be counted that are wrttiin 200 feet buill.C-1-D or SO "ne F. On-street parking spaces credited for a specific use shall not be used exclusively by that use, but shall be available for general public use at all times. No signage or actions limiting general public use of on-street spaces shall be permitted. 18.92.030 Handicapped Parking. All parking lots which contain 20 or more parking spaces shall provide one handicapped parking space for every 40 standard parking spaces or fraction.thereof. The handicapped parking symbol shall be painted on the parking space and/or a handicapped parking sign shall be placed in front of each space. These spaces shall be located in as close a proximity to the desired destination as possible and shall follow all design requirements as established by the State of Oregon. 18.92.040 Bicycle Parking. A. Every residential occupancy of more than two units per structure, and not containing a garage, shall provide one sheltered bicycle parking space(s) for each residential unit. B. All occupancies, with the exception of A above and the downtown overlay area, shall provide a minimum of two sheltered bike parking spaces. C. In addition, all occupancies which require off street parking, except as C specifically noted, shall provide one bicycle parking space for every 5 required auto parking spaces. Fractional spaces shall be rounded up to the next whole space. D. All public and commercial parking lots and parking structures shall provide a minimum of one bicycle parking space for every five auto parking spaces. E. Elementary, Junior High, Middle and High Schools shall provide one sheltered bicycle parking space for every ten students. F. Colleges, universities, and trade schools shall provide one bicycle parking space for every five required auto parking spaces, of which one half is to be sheltered. G. No bicycle parking spaces required by this standard shall be rented or leased, however, a refundable deposit fee may be charged. This does not preclude a bike parking rental business. PA91-102 Ashland Planning Department -- Staff Report 11 City of Ashland November 19„ 1991 Page 7 H. Any construction, renovation, or alteration of an existing use or portion of use that is non-conforming which has a building permit value, as determined by the Building Official, which exceeds 50% of the value of the land and structures as determined by the Jackson County Assessor, will be required to file a Staff Advisor Site Review and bring the property into conformance with the above regulations. I. Bicycle Parking Design Standards 1) The salient concern is that bicycle parking be visible and convenient to cyclists and that it provides sufficient security from theft and damage. 2) Bicycle parking requirements can be met in any of the following ways: (a) providing a bicycle storage room; bicycle lockers, or racks inside the building. (b) providing bicycle lockers or racks in an accessory parking structure, underneath.an awning or marquee, or outside the main building. (c) providing bicycle racks on the public right of way. This must be approved by City of Ashland Public Works Department. (d) providing secure storage space inside the building. 3) Bicycle parking located outside a structure shall be provided in a manner that makes access as convenient as auto parking. 4) Required bicycle parking spaces located out of doors shall be visible enough to provide security. 5) An aisle for bicycle maneuvering shall be provided and maintained beside or between each row of bicycle parking. This aisle shall be at least 5 feet wide. 6) Each required bicycle parking space shall be accessible without moving another bicycle. 7) Areas set aside for required bicycle parking shall be clearly marked and reserved for bicycle parking only. 8) A bicycle parking space shall be a minimum of six feet long by 3 feet wide by 4 feet high. (Commercial bike lockers are acceptable according to manufacturer's specifications.) 9) Sheltered parking shall.mean protected from all precipitation. J. Bicycle Parking Rack Standards PA91-102 Ashland Planning Department — Staff Report II City of Ashland November 19„ 1991 Page 8 1) Bicycle parking racks or lockers shall be anchored securely. 2) The intent of this subsection is to ensure that required bicycle racks are designed so that bicycles may be securely locked to them without undue inconvenience and will be reasonably safeguarded from intentional or accidental damage. (a) Bicycle racks shall hold bicycles securely by means of the frame. The frame shall be supported so that the bicycle cannot be pushed or fall to one side in a manner that will damage the wheels. (b) Bicycle racks shall accommodate: (i) locking the frame and both wheels to the rack with a high-security U-shaped shackle lock, if the bicyclists removes the front wheel; and (ii) locking the frame and one wheel to the rack with a high- security U-shaped shackle lock, if the bicyclists leaves both wheels on the bicycle; and (iii) locking the frame and both wheels to the rack with a chain or cable not longer than 6 feet without removal of the front wheel. M (c) The City Engineer shall determine whether a rack meets the requirements of this section. (d) The City Engineer shall keep on file a list of approved bicycle racks and structures.. The City Engineer shall consult with the Ashland Bicycle Commission regarding the approval of a bicycle rack or structure for the list of standard approved bicycle racks. 18.92.050 Compact Car Parkin e. Up to 40% of the total parking spaces in a parking lot may be designated for compact cars. Minimum dimensions for compact spaces shall be 8 x 16 feet. Such spaces shall be signed and/or the space painted with the words "Compact Car Only." Lecleyciopment of property to its highest corimmcial use, a variance of up to 56% of the ,equired parking may be panted to counneicial uses within Azshtand's lEstoric District as a Type f Variance. ft is the intent of this CiattaC tv VIOVide as much off-street parking PA91-102 Ashland Planning Department — Staff Report II City of Ashland November 19„ 1991 Page 9 as practical Whif i allowing them to develop to their Bishict as ail exceptional circumstance and arrustrai hardship for the paxposes o 18.92.060 Limitations, Location. Use of Facilities. A. Location. Except for single and two-family dwellings, required parking facilities may be located on another adjacent parcel of land, o, sepatated only by art ailey, provided said adjacent parcel is maintained in the smne o%vneiship as the use it is intended to serve: within 200 feet of the use it is intended to serve. The distance from the parking lot to the.use shall be measured in walking distance from the nearest parking space to an access to the building housing the use, along a sidewalk or other pedestrian path separated from street traffic. Such right to use the off-site parking must be evidenced by a deed, lease, easement, or similar written instrument establishing such use, for the duration of the such use. B. Except in the M-Industrial. District, required parking shall not be located in a required front and side yard setback area abutting a public street except as allowed in 18.92.060 F. C. Mixed Uses. In the event that several users occupy a single structure or parcel of land, the total requirements for off-street parking shall be the sum of the requirements for the several uses computed separately unless it can be shown that the peak parking demands are offset, whereby the Staff Advisor may reduce the total requirements accordingly, but by not more than 13% 25%. D. Joint Use of Facilities. Required parking facilities of two or more uses, structures, or parcels of land may be satisfied by the same parking facilities used jointly, to the extent that it can be shown by the owners or operators that the need for the facilities does not materially overlap (ems, uses primarily of a daytime v. nighttime nature) and provided that such right of joint use is evidenced by a deed, lease, contract, or similar written instrument establishing such joint use. E. Availability of Facilities. Required parking shall be available for parking of operable passenger vehicles of residents, customers and employees only, and shall not be used for the storage or display of vehicles or materials. F. In all residential zones, all off-street parking of automobiles, trucks, trailers and recreational vehicles in the front yard shall be limited to a contiguous area which is no more than 25% of the area of the front yard, or a contiguous area 25 feet wide and the depth of the front yard, whichever is greater. Since parking in violation of this Section is occasional in nature, and is incidental to the primary use of the site, no vested rights are deemed to exist and violations of this Section are not subject to the protection of the nonconforming use sections of this ordinance. However, a 24-hour warning notice of PA91-102 Ashland Planning Department — Staff Report II City of Ashland November 19„ 1991 Page 10 violation shall be provided prior to the issuance of a citation to appear in Municipal Court, and it shall be rebuttably presumed that the vehicle was parked with permission of.the person in control of the property. Subsequent violations shall not require a warning notice. 18.91070 Design Requirements. A. Size and Access. All required parking areas shall be designed in accordance with the parking layout chart at the end of this Chapter. All parking spaces shall be a minimum of 9 x 26 18 feet and shall have a 24-foot back-up space except where parking is angled, and except as permitted in Section 18.92.050. B. Driveways and Turn-Arounds. Driveways and turn-arounds providing access to parking areas shall conform to the following provisions: 1. A driveway for a single dwelling shall have a minimum width of nine feet, and a shared driveway serving two units shall have a width of 12 feet. 2. Except for a single or two-family dwelling, groups of more than two parking spaces per lot shall be provided with adequate aisles or turn-around areas so that all vehicles may enter the street in a forward manner. . 3. Except for a single one- or two-family dwelling, more than two five parking spaces shall be served by a driveway design and constructed to facilitate the flow of traffic on or off the site, with due regard to pedestrian and vehicle safety, and shall be clearly and permanently marked and defined. In no case shall two-way and one-way driveways be less than 20 feet and 12 feet respectively. C. Vertical Clearances. Driveways, aisles, turn-around areas and ramps shall have a minimum vertical clearance of 13'6" feet for their entire length and width. D. Vision Clearance. No signs, structures or vegetation in excess of two and one-half feet in height shall be placed in the vision clearance, area. The vision clearance area is the triangle formed by a line connecting points 25 feet from the intersection of property lines. In the case of an intersection involving an alley and a street, the triangle is formed by a line connecting points 10 feet along the alley and 25 feet along the street. When the angle of intersection between the street and the alley is less than 30 degrees, the distance shall be 25 feet. No signs, structures or vegetation or portion thereof shall be erected within 10 feet of driveways unless the same is less than two and one-half feet in height. The vision clearance standards established by this section are not subject to the Variance section of this title. E. Development and Maintenance. Such development and maintenance shall apply in all cases, except single and two-family dwellings. PA91-102 Ashland Planning Department — Staff Report 11 City of Ashland November 19„ 1991 Page 11 1. Paving. All required parking areas, aisles, turn- arounds and driveways shall be paved with concrete, asphaltic or comparable surfacing, constructed to standards on file in the office of the City Engineer. 2. Drainage. All outdoot nhicle safes amas and required parking areas, aisles and turn-arounds shall have provisions made for the on-site collection of drainage waters to eliminate sheet flow of such waters onto sidewalks, public rights-of-way, and abutting private property.. 3. Driveway approaches. Approaches shall be paved with concrete surfacing constructed to• standards on file in the office of the City Engineer. -in the event that a payed.street is tot paved, this is not necessary untii the street is 4. Marking. Parking lots of more than 5 spaces shall have all spaces shall-b permanently and clearly marked. 5. Wheel stops. Wheel stops shall be a minimum of four inches in height and width and six feet in length. They shall be firmly attached to the ground and so constructed as to withstand normal wear. Well stops shall be provided where appropriate for all spaces abutting property lines, buildings, landscaping, and no vehicle shall overhang a public right-of-way. 6. Walls and Hedges. a. Where parking abuts upon a street, a decorative masonry wall or evergreen hedge screen of 30-42 inches in height and a minimum of 12" in width shall be established parallel to and not nearer than five two feet from the right-of-way line. Screen planting shall be of such size and number io provide the required screening within 12 months after installation. The area between the wall or hedge and street line shall be landscaped. All vegetation shall be adequately maintained by a permanent irrigation system, and said wall or hedge shall be maintained in good condition. The required wall or screening shall be designed to allow for free access to the site and sidewalk be pedestrians. b. In all zones, except single-family zones, where parking facilities or driveways are located adjacent to residential or agricultural zones, school yards, or like institutions, a sight-obscuring fence, wall, or evergreen hedge not less than five feet, nor more than six feet high shall be provided on the property line as measured from the high grade side. Said wall, fence or.hedge shall be reduced to 30 inches within required setback area, or within ten feet of street property lines, and shall be maintained in good condition. Screen plantings shall be of such size and number to provide the required screening of such size and number to provide the required screening within 12 months after installation. Adequate provisions shall be made to protect walls, fences or plant materials from being damaged by vehicles using said parking areas. PA91-102 Ashland Planning Department -- Staff Report 11 City of Ashland November 19„ 1991 Page 12 i 7. Landscaping. In all zones, all parking facilities shall include landscaping to cover not less than 7% of the area devoted to outdoor parking facilities, including the landscaping required in subdivision 6(a) above. Said landscaping shall be uniformly distributed throughout the parking area, be provided with irrigation facilities and protective curbs or raised wood headers. It may consist of trees, plus shrubs, ground cover or related material. A minimum of 1 tree per 7 parking spaces is required. 8. Lighting of parking areas within 100 feet of property in residential zones shall be directed into or on the site and away from property lines such that the light element shall not be directly visible from abutting residential property. 18.92.080 Construction. The required.parking facilities, including design standards, shall be installed prior to a release of a certificate of use and occupancy or a release of utilities, and shall be permanently maintained as a condition of use. However, the Building Official may, unless otherwise directed by the Planning Commission or Staff Advisor, release a temporary certificate of use and occupancy and a temporary release of utilities before the installation of said facilities provided (1) there is proof that the owner has entered into a contract with a reputable installer for the completion of the parking, including design standards,with a specified time, and that there remains nothing for the owner to do prior to installation; or (2) the owner has posted a satisfactory performance bond to ensure the installation of said parking facilities within a specified time. 18.92.090 Alternations and Enlargements. The required parking facilities shall be constructed when an existing building or dwelling is altered or enlarged by the addition or creation of guest rooms or dwelling units, or when a use is intensified by the addition of floor space, seating capacity, or change in use. facilities.. A. The initifintrin mea required foi coinnicicial and industrial loading spaces is as fellows- i. Two litindied fifty squaie feet for buiidingS Of 5,000 tO 20,000 squaie feet of i i grass floor area. 2. Five frandred square feet for buildings of 20,000 to 50,000 squate f=t of gross floor area. �tea. B. �Fhe Inillitntlin Leqttiied loading area shall not be less than W feet it, width by 25 feet in length mid air anobstitmted height of 14 feet. PA91-102 Ashland Planning Department — Staff Report 11 City of Ashland November 19„ 1991 Page 13 adjamnt p,upe,trim. B. fiie tecinized loading facilities, including design standards, shall I uc Imtalic- to pennanciffly inaintained as a condition of use. ADD NEW SECTION IN FUTURE TO SITE REVIEW TO ALLOW COMMISSION TO REQUIRE LOADING FACILITIES WHERE NECESSARY, AS A CONDITION OF APPROVAL. s PA91-102 Ashland Planning Department — Staff Report II City of Ashland November 19„ 1991 Page 14 III. Procedural - Required Burden of Proof The criteria for approval of a Type IIl amendment (ordinance change) are as follows: Type III amendments may be approved when one of the following conditions exist. a) A public need, supported by the Comprehensive Plan. b) The need to correct mistakes. c) The need to adjust to new conditions. d) Where compelling circumstances relating to the general public welfare require such an action. Given changes in overall parking demands, and the time since the original ordinance was adopted, this revision is in response to criterion c) above. IV. Conclusions and Recommendations Staff recommends adoption of the ordinance as revised. fI a f i i t t PA91-102 Ashland Planning Department — Staff Report 11 City of Ashland November 19„ 1991 Page 15 PLANNING ACTION 91-102 REQUEST FOR MODIFICATION OF THE PARKING ORDINANCE - AMC 18.92 APPLICANT: CITY OF ASHLAND STAFF REPORT Fregonese explained the modifications to the ordinance. On Page 3, refer the use to the parking requirements in manufactured housing and performance standards. 18.92.020(A)(2): Delete 'low income". 18.92.020(D)(6): Add 'or assisted living" after "for the Aged". 18.92.020(8)(3): Change "350" to "400 square feet' and 750" to "800 square feet'. 18.92.020(8)(5): Change from 'one space per 400" to "450". On-Street Parking Credit 18.92.025: Add (E) -- Add "arterials and collectors it must be beyond the established width in 18.80". Add (F) -- "No credit permitted within 200 feet of a C-1 D or an SO zone". IT WAS MOVED AND SECONDED TO CONTINUE THE MEETING UNTIL 11:30 P.M. Delete 18.92.055 18.92.060(A): Delete "contract' and add "easement'. 18.92.060(C): Delete "do not coincide" and add "are offset'. Delete 18.92.100 and add a resolution to modify the Site Design ordinance (18.72.070[0]) to allow loading facilities as a condition. PUBLIC HEARING No one came forth to speak. ASHLAND PLANNING COMMISSION T REGULAR MEETING MINUTES - SEPTEMBER 10, 1991 W COMMISSIONERS DISCUSSION AND MOTION Thompson moved to recommend approval to the City Council with the above changes including the resolution as outlined by Staff. Jarvis seconded the motion and it was carried unanimously. OTHER Appointment of Assistant Vice Chairman For the purpose of signing plats, Thompson nominated Bingham, Medinger seconded and Bingham was unanimously elected as Assistant Vice Chairman. PROPOSED PERIODIC REVIEW ORDER Jarvis moved to forward a resolution to the City Council asking acceptance of the proposed periodic review order. Thompson seconded the motion and it was carried unanimously. ADJOURNMENT i The meeting was adjourned at 11:30 p.m. i i ASHLAND PLANNING COMMISSION - 8 REGULAR MEETING MINUTES - SEPTEMBER 10, 1991 i Contents of Record for Ashland Planning Action 91-127 REQUEST FOR MODIFICATION TO THE ASHLAND SIGN CODE - AMC 18.96 - MODIFYING THE DEFINITION OF A SIGN TO INCLUDE INTERIOR LIGHTED PANELS THAT MAY NO INCLUDE LETTERING OR GRAPHICS. APPLICANT: CITY OF ASHLAND Planning Department Staff.Report 9/10/91 . . . . . . . . . . . . . . . . . . . . . . . . 1 -- Planning Commission Minutes 9/10/91 . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ASHLAND PLANNING DEPARTMENT STAFF REPORT September 10, 1991 PLANNING ACTION: 91-127 APPLICANT: City of Ashland I,• ORDINANCE REFERENCE: 18.96 Sign Regulations REQUEST. Modification to the definition of a sign to include interior lighted panels that may not include lettering or graphics. I. Relevant Facts 1) Background - History of Application: Recently, the Planning Commission denied a request from ARCO to place a lighted fascia band around their AM/PM market at the south freeway interchange. This was done as part of a Site Review request and the denial was based upon the Site Design and Use Guidelines and Site Review Chapter. II Also very recently, the Knight's Inn Motel, located at the south freeway interchange installed a lighted fascia band around the top of the mansard roof of the entire motel. This band has a blue panel that is interior illuminated. However, since this action only required a building permit p, and not a Site Review, the City did not have any discretionary powers regarding the installation of this fascia band. Further review of the land use ordinance indicated that there was no protection for the placement of such lighted fascia,panels on any building at any location, including the downtown historic district. This action was initiated by resolution of the Planning Commission at the August 1991 Planning Commission meeting. 2) Detailed Description of the Site and Proposal: Staff proposes to clarify the definition of a sign in the following manner: 18.96.020 23. Sz�m - Any identification, description, illustration, symbol or device which is placed or affixed directly or indirectly upon a building, structure or lamb Interior illuminated panel;fascia strips, band; column; or other interior illuminated decorative features.located on or off a shucture, visible from the public right-of-way, and with or without lettering or graphics shall also be considered a sign and included in the overall sign area of the site. l In addition; holiday lighting (Christmas lights) are commonly used, and we have never considered them lights. However, there is a need to specify what kind of lights are permitted, so that neon tubes, bright animated displays, and other types of lighting do not abound. We are proposing the following regulation in non-residential zones only. 18.96.030 Exempted Signs J. Holiday Lights- Strings of incandescent lights, commonly used in the holiday season, m non-resukntial zones, that are limited to no more than S watts per bulb, and are placed no closer than 6"apat, and do not flash or blink in any way. Holiday lights are not regulated in residential zones I1. Project Impact The above amendment, by considering lighted panels as signage, will limit the amount of lighted panels allowed on any site. The allowable sign area is limited by the building size and street frontage. In this way, the amount of lighted area is clearly and objectively regulated, as opposed to using the Guidelines to decide if it is appropriate or not. In the two above referenced examples, no lighted panels would be allowed since both locations have the maximum amount of allowable signage already. In other instances, buildings may have smaller signs allowing for limited decorative lighted features, if desired. Further, the modification for holiday lights allows for their placement, but does not allow for the animation, flashing, or blinking of those lights. III. Procedural - Required Burden of Proof The criteria for approval of a Type III amendment (ordinance change) are as follows: Type III amendments may be approved when one of the following conditions exist. a) A public need, supported by the Comprehensive Plan. b) The need to correct mistakes. c) The need to adjust to new conditions. d) Where compelling circumstances relating to the general public welfare require such an action. This meets the criteria (b), the need to correct mistakes. PA91-127 Ashland Planning Department — Staff Report City of Ashland September 10, 1991 Page 2 IV. Conclusions and Recommendations Staff recommends approval of the amendment as proposed. PA91-127 Ashland Planning Department — Staff Report City of Ashland September 10, 1991 Page 3 COMMISSIONERS DISCUSSION AND MOTION Harris would like to see a sub-committee appointed to decide what is appealable to the City Council and what would be appealable directly to LUBA. For instance, Type I and Type II planning actions would be appealed directly to LUBA, a Type III to the Council. Jarvis agreed to work with Harris and Fregonese said the new City Attorney would also help. The following items were reviewed: 18.104.050(B): add adequate "capacity" and leave "and will" in the last line. 18.104.050(C): delete "location, size, design and proposed operation of the", and delete "than the" and add "compared to" under C. 18.104.050(C)(f): Change to "appropriate development of abutting properties as envisioned by the Comprehensive Plan". Change the existing (f) to (g). Bingham emphasized that there is quite a difference between the amount of scrutiny given to a four-unit motel versus a 97-unit apartment complex in an E-1 zone. He thought CUP's of a certain size should be heard as Type Ill's. Harris said that could be considered in his sub-committee's discussion appeals. Jarvis moved to recommend approval to the City Council of Planning Action 91-101 with the above amendments. Harris seconded the motion and it was carried unanimously. PLANNING ACTION 91-085 ANNEXATION CRITERIA This application was postponed. Harris left the meeting. PLANNING ACTION 91-127 REQUEST FOR MODIFICATION OF THE SIGN CODE - AMC 18.96. APPLICANT: CITY OF ASHLAND STAFF REPORT McLaughlin gave the Staff Report. ASHLAND PLANNING COMMISSION 5 . REGULAR MEETING _ MINUTES SEPTEMBER 10, 1991 qI - I PUBLIC HEARING N No one came forth to speak. COMMISSIONERS DISCUSSION AND MOTION Thompson recommended approval to the City Council for Planning Action 91-127. Jarvis seconded the motion and it was carried unanimously. PLANNING ACTION 91-087 REQUEST FOR MODIFICATION OF THE MANUFACTURED HOUSING II DEVELOPMENT ORDINANCE OF THE ASHLAND LAND USE ORDINANCE — AMC 18.84. STAFF REPORT Staff added changes to the parking requirement and increased the minimum size of the manufactured home to 650 sq. ft. Jarvis noted that item 11 had two letter 'b"'s. Delete 18.84.020(B). Compliance with the new State statute will be included in the findings. PUBLIC HEARING No one came forth to speak. COMMISSIONERS DISCUSSION AND MOTION Jarvis moved to recommend approval to the City Council. Bingham seconded the motion and it was carried unanimously. it ASHLAND PLANNING COMMISSION - REGULAR MEETING - .MINUTES 5 SEPTEMBER 10, 1991 Ii 6 i Contents of Record for Ashland Planning Action 91-156 REQUEST FOR MODIFICATION TO THE ASHLAND SITE DESIGN AND USE STANDARDS CRITERIA FOR APPROVAL - AMC 18.72.050 - REQUIRING ADEQUATE PUBLIC FACILITIES BE AVAILABLE FOR DEVELOPMENT. APPLICANT: CITY OF ASHLAND Planning Department Staff Report 11/12/91 . . . . . . . . . . . . . . . . . . . . . . . 1 Council Resolution initiating action.10/21/91 . . . . . . . . . . . . . . . . . . . . . . . 3 Memo from Planning Director to Council 10/29/91 . . . . . . . . . . . . . . . . . . 4 ASHLAND PLANNING DEPARTMENT STAFF REPORT November 12, 1991 PLANNING ACTION: 91-156 APPLICANT: City of Ashland ORDINANCE REFERENCE: 18.72.050 Site Design and Use Standards - Criteria for Approval REQUEST: The addition of a new criterion to the Site Design and Use Standards requiring adequate public facilities be available for the development. I. Relevant Facts 1) Background - History of Application: This action was initiated by resolution of the City Council (Resolution No. 91-40) at their October 15, 1991 meeting, and signed by the Mayor on October 21, 1991. A copy of the resolution is included as part of this report. 2) Detailed Description of the Site and Proposal: A new criterion is proposed to be added to the criteria for approval of a site review. The criterion is as follows: IN 18.72.050 Criteria for Approval D. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property." II. Project Impact At present, all new applications for minor land partitions, subdivisions, and conditional uses must show that there are adequate City facilities available. However, Site Reviews do not have this requirement. Application for a Site Review is required for all residential development other than single family homes, and for any commercial development, or expansion of,existing commercial development. Therefore, it may be possible, under our current ordinance, to construct a large residential or commercial development in an area with inadequate facilities (streets, sewer, water, etc...). But this problem also exists with smaller developments, which could cumulatively have a greater effect than a large development. II This addition to the criteria would then require the applicant to show that facilities are, or can and will be available. If the facilities cannot be provided, or the applicant is unwilling to provide them, then the City would have the right to deny the request, based upon the criteria. III. Procedural - Required Burden of Proof An ordinance change is a Type III amendment, subject to the following criteria: Type III amendments may be approved when one of the following conditions exist. a) A public need, supported by the Comprehensive Plan. b) The need to correct mistakes. C) The need to adjust to new conditions. d) Where compelling circumstances relating to the general public welfare require such an action. Staff believes that the requested ordinance amendment is in accord with criterion d) above. Without the new requested criterion regarding adequate facilities, we believe that development, both residential and commercial, and small- and large- scale; could occur which may be detrimental to the general public welfare if it is allowed in areas without adequate facilities. Further, while we are not always inclined to admit it, this ordinance amendment may meet best with criterion b), since it was probably a mistake not to include an adequate facilities requirement in the original ordinance. IV. Conclusions and Recommendations Staff believes that this is an obvious and important criterion for approval of new developments and recommend that the ordinance be amended to add it to the criteria for approval for Site Reviews. PA91-156 Ashland Planning Department -- Staff Report City of Ashland November 12, 1991 Page 2 RESOLUTION NO. 91-10 A RESOLUTION INITIATING A MODIFICATION TO .THE LAND USE ORDINANCE RELATIVE TO APPROVAL CRITERIA OF SITE REVIEWS. WHEREAS, . it is an essential part of modern urban planning that adequate City services be available, or be made available, concurrent with new development; and WHEREAS, this is a requirement of all approval criteria for planning actions of the City except for Site Reviews; and WHEREAS, the Site Review process should include a clear and objective standard that will require a finding of adequate City facilities as a part of the approval process. NOW THEREFORE BE IT RESOLVED BY THE CITY OF ASHLAND AS FOLLOWS: SECTION 1. That the Planning Director is hereby directed to initiate a modification to the City's Land Use ordinance, which would add the following new paragraph: 1118.72.050 D. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property." The foregoing Resolution was READ and DULY ADOPTED on the 15th day of JJ October, 1991. II, il�s Nan E. ranklin City Recorder SIGNED and APPROVED this day of October, 1991. Catherine M. Golden Mayor 3 .y.`GF AS&�`'� E m o r �S Yi d ix m w October 29, 1991 OgEGOa,.' .. 0. City Council r ,19 rum: Planning Director p�lj�jetl. Large Scale Commercial Development I have met with Allen Drescher and Jim Ragland and discussed the development of new code provisions dealing with large scale commercial developments. Based on my best estimate of an adequate process to revise the code, I have developed a schedule that. will have revisions to the Council ready to adopt by April 7, 1992 . , Given the nature and scope of the changes contemplated, this is the minimum time I feel we can give this matter the research, thought; public involvement, and debate it deserves. our Comprehensive Plan requires that informal public workshops be held for significant changes to the code, and this certainly qualifies. We believe that the work should begin with a look at. all commercial development. While scale is the current concern, in our experience there are many controversial developments that occur at a small scale as well, and the concept of scale may be a difficult one to define. It may be that the perceived threat to Ashland by large scale development may be best dealt with by revisions to our current development codes, especially Site Review, that would extend some new requirements that would be beneficial in the review of smaller scale developments as well. Because of the high. priority this is being assigned, I would ask that most other long range planning activities be suspended, particularly the formation of the Transportation Planning Advisory Committee and the reactivation of the Affordable Housing Committee. This project will also delay the finalization of the Highway 66 Plan. While there may be some work on these issues that may proceed-. during this time, I would not want to commit staff to too many projects when the timeframe of this project. is of such a high priority. . y I suggest titling this the "Commercial P.O.D. Code Project" . P.O. D. stands for "Pedestrian Oriented Development" . I would estimate that this project may require as much as $3 , 000 of contracted services, mostly for ,, generation of graphics and publications, as well as expenses for bringing in experts to help with our task. While the department has this item budgeted, it has already been expended on mediation and engineering services for technical plans review. We would need a transferor some means of accommodating this extra expense. The following would be the steps I would recommend for this revision: 1) Establish an Ad Hoc Steering Committee. The committee should be broadly representative of the community and contain .members who have shown an interest in grappling with this problem. I also believe that it should contain at least one or two d who are familiar with commercial development, possibly architects that have done commercial development and shopping center owners or tenants: 2) First Committee Meeting. The Committee's first meeting would be. organizational, and staff would discuss where we are in large scale development, what the potential is, and how our current codes regulate development. I would suggest ,a field trip to acquaint the members with recent developments in Ashland. We would also draft the purpose statement of the project. This would be a one or two sentence description of the goal of the project. This will be used to limit the scope of the project and keep it in focus. 3) Research and Preparation. The staff will perform the necessary research, compiling examples we can find from other cities, and attempting to obtain what work has been done on this subject. A field trip to a successful example may be in order if it is reasonably close. 4) Education Meeting. This Committee meeting would be well publicized, and would possibly be aired on the Ashland Cable Access. It would be mostly presentations by staff of what we have learned, successful examples, and possibly a presentation. of one. or more guests that have expertise in this area. 5) Develop Strategy.. .This Committee meeting would develop an overall strategy as to what the best / J method to implement new standards and concepts regarding commercial development in Ashland. It would give staff a specific direction to go in code development. 6) Draft Code. The staff, with assistance from the City Attorney, would draft all code revisions, guideline revisions, and develop the staff report and findings needed for adoption. 7) Public Workshop. This would be an. opportunity for the committee listen to public reaction to the proposed modifications, and allow participation of interested parties in an informal setting. 8) Committee Meeting on Workshop. The Committee would make the final mark-up on the staff draft. 9) Final Code Revisions and Staff Report. The staff would make final changes and finalize the staff report, and proceed with the proper notice for hearings. 10) CPAC and Planning Commission Hearings. These bodies would hold their hearings on the final proposal and make their recommendations to the Council . ii) Report to Council . The Council would receive the committee report, recommended changes, and minutes of the CPAC and Planning Commission Meeting. If desired, a hearing could be held on this date, and ordinances adopted. I hope that this schedule is acceptable to the Council, however I . know that some of you have expressed an interest in adopting some interim measures that would strengthen our procedures that deal with large scale development. The Planning Commission have had this concern for some time, and have a number of items that are either ready to adopt, or nearly ready to adopt. I believe that the adoption of three of these items would increase control of commercial development, and these could be adopted and in place by December. These items are: 1) Revision of the Site Design Ordinance approval criteria, ordered by the Council last meeting, will require a showing of adequate public facilities before approval of a Site Review. This could be adopted and effective by November 19 if desired. . 2) Adoption of revised Site Design Guidelines. This project has been underway for about a year, and draft guidelines have been ready since July. These have changed permissive language (should) to mandatory language (shall) , as well as added sections on Drought Tolerant Landscaping, Ashland Street and Downtown. These could be adopted as soon as November 19 if desired. 3) A major revision to the Off-Street Parking Code is now before the Council awaiting action. There are major changes proposed that would reduce off street parking, and establish maximum, as well as minimum amounts of parking that could be provided. As the parking lots associated with large scale developments are an item frequently brought up, I believe that this new code would help a great deal in minimizing the impacts. This could be scheduled and adopted on November 19 as well, if desired. NOV 12 '91 13:55 9168772965 P.2/2 NOY�1 __ 12, 1991 City Council City of Ashland Dear Members: We recently applied for the demolision .of a structure at 531 Scenic Avenue in Ashland. We attended the meeting of the Ash- land Historic Commission on November 6 a which time we were told that they would not support our request. We will be appearing before you at the next .availa.bbe meeting Of your Council to provide you with information and reasoning which we hope will clearly show that the Commission was in error in denying our request. and that a demolition of that structure should be approved. S' cerely you Rich d and, elen D.„ Lorenzo P.S. Should ou�,,`/wiissh t_4 see the structure first hand there is a key available through Sonja Ackerman at the Planning Department as well as home reports etc. which I will be bringing to the meeting. Also � His-l-aYi c. Cov�m�ss ion neC.or`S���c�. -fi'Iv..o UkYLLx, u mY• $ Y`c1Y'S•�r �OY�YIZp r`0.U2 �R R;J�t� e-D, a November 14, 1991 RFGG , �t1II: Mayor and City Council 'ram: Ashland Historic Commission " p�11�IjPt : DEMOLITION REQUEST >>, 531 SCENIC DRIVE i The Historic Commission respectfully requests your consideration in the matter of a.demolition request for 531 Scenic Drive. Enclosed is a packet of information regarding Richard and Helen DiLorenzo's request. Also enclosed are copies.of minutes and other pertinent material. it �i i Ni r On November 14, 1991, the Ashland Historic Commission met in a special meeting to reconsider the motion approved on November 6, 1991 to deny demolition of 531 Scenic Drive. Present at this meeting were Commission members Jim Lewis, Terry. Skibby, Jane Dancer, Jean MacKenzie, Le Hook and Thomas Hunt. Skibby moved and Hook seconded to approve the demolition with the condition the house not be demolished until the owners decide what will replace the house and that the plans -be approved before demolition takes place. If possible, the Commission would like this stipulation to go with the property rather than the owner. This motion was unanimously approved. Chambers and Bradshaw also agreed by telephone. i NEW BUSINESS Demolition Request for 531 Scenic Drive The demolition request for 531 Scenic Drive was then discussed. Bradshaw questioned Richard Di Lorenzo, owner of the property, if he had a bid for repairs to the house. He answered the only bid he had was one for $13,000 for the foundation. He stated he is also a contractor and believes the cost which would be involved is extensive. He and his wife do not want to rent the house because of its poor shape. They have put some money into it and have tried to sell it. Two potential buyers declined after receiving individual house reports. Although apartments are permitted, they would like to build two smaller homes on the site (if the demolition is approved) which would be compatible with the area. When they bought the property two years ago,.they were aware of the condition of the house, but not aware of the Historic District and restrictions of demolishing a structure. Skibby stated he had been through the house would like to see it restored. Chambers, who had also been in the house, felt it was not on its last legs and he would hate to see the house lost. He said he had qualms about tearing down structures and splitting property in order to make more money. Di Lorenzo said he was not over pricing the property. The sale price was.$72,000 and he was assured the value of the land itself was at least that. It would definitely cost more to remodel the house than to start over and it would be an unreasonable hardship on them to keep it. Therefore, he stated the two criteria for demolition have been met. Chambers suggested remodeling the house and.using the shed as a basis for an accessory. dwelling. Di Lorenzo reiterated he was not concerned with potential money and that it would be too costly to remodel. He also stated they were being sensitive by downzoning the property and not wanting to build apartments. He suggested it be a condition the house not be demolished until he is ready to submit plans and build the other two homes. p Bradshaw moved to approve the demolition with the condition the house not be demolished u until the owners decide what will replace the house and that the plans be approved before demolition takes place. There was no second to the motion. }, Chambers said he remains unconvinced and moved to deny the demotion, encouraging the owners to seek remodeling of the structure. Skibby seconded the motion and it passed with all voting aye except Bradshaw and Lewis. OLD BUSINESS Review Board Following is the schedule (until the next meeting) for the Review Board, which meets every Thursday from 3:00 to 3:30 p.m. in the Planning Department: November 7 Dancer, Lewis, Bradshaw, Skibby and Hunt November:14 Hook, MacKenzie, Bradshaw, Skibby and Hunt s • Ashland Historic Commission Minutes - November 6,1991. Page 4 I , EVALUATION CRITERIA FOR MOVING/DEMOLITION IN THE ASHLAND HISTORIC DISTRICT The following is a list of questions to be answered when applying for a permit to either move or demolish a structure in the Ashland Historic District: 1) What is the address of the structure? / Sc c<� ;� A�e��� e< ��1�/vi✓O' 2) . What is the age of the structure? A/�OC.Al 3) If the structure has been included on the Heritage Landmarks List, what is its ranking (Primary, Secondary, Compatible or Non-contributing)? 4) What is its overall point rating? 516, 5) What are the ratings in the Architectural, Environmental and Historical categories? 6) If this is a primary or secondary structure, what are the reasons behind the request for this moving/demolition permit? 7//e5 S/'PticTia1PZ 40-;W1'C r➢N-V d«f&2 L-ASiGy".P�6rr1� F<� iz 9'Ag LF55 -1fiA" ,Pemaa'1,'<f i oC.s< C�lal7r h2 /i7 a/ ;7p, 7) What is/are the specific sections) of the Ashland City Code which are bseing ed 4,t as reasons for the move/demolition? 0 y, Z/0 PA,e A E,f�9P# E< 3 b¢ . 8) What i the current zoning of the structure? 9) If it is to be moved, what is the zoning into which it will be moved? A)A. The following is a list of the criteria used to evaluate the merits of granting a moving/demolition permit in the Ashland Historic District: 1) Does the structure meet the minimum criteria adopted for inclusion on the final Heritage Landmarks List? 1 6,,,l:cUe S0 . 2) Is the building structurally sound? Has it been condemned? Can the.structure be restored for costs comparable to constructing a new building of the same size and value? N D ,/Ulm< tv o RfsPP-e-ii ecly 3) . Do the existing configuration of the house and the uses permitted in the zone make the retention of the structure unfeasible and an unreasonable hardship on the property owner? y�5 4) Why is it necessary to move or demolish the structure? 111i.'Wk, A„a 41 !/r,P� Pei (OoAlien S7��uC�af�li*j .C�L 5) How will moving or demolishing this structure contribute to the historic character of the neighborhood? -ire* �en�ob�it�, u�et�/p oixr <�fi�.B�dc 6) What will replace the structure if it is moved or demolished? c 7) What impact will this new use of the property have on the historic character of the . neighborhood? y: L,A ,di v;;t cJ 8) If the structure is to be moved, what impact will the building have in its new locale? N# 9) If left in place, what use could the structure be put to in its current zone? X+v61 7-,6 P/rX slv lr 44 u1 r 10) If the structure is to be moved, will it be restored? Briefly, how will the restoration.. be accomplished? NA 11) If the structure is to be demolished, will the materials be recycled? 12) What effect will the move have on the structure's chances of being included on the National Historic Register? AM 13) If this is a proposed move, what will become of the structure if the application is denied? NPr 14) Based on the numerical ratings, are there compelling arguments with regards to Architecture, Environment, or History which would be grounds for denying a moving or demolition permit? q ASHLAND CULTURAL RESOURCE INVENTORY SURVEY FORM COUNTY : JACKSON . IDENTIFICATION: 11ist . Name Carter, J.L. IIouse Date of Construction : 1880 (est. ) Common Name: Original Use: Residence . Address : 531 Scenic Avenue Present Use: Residence Ashland, Oregon Architect : Owner: DiLorenzo, Richard/ Helen Builder: 807 Day Circle Style: Vernacular Pacific Grove, CA 93950 x Bldg. _Struc. _Dist. Obi . T/R/S: 39S• RIE 5 Ranking: - - Sedondary T Map No: 5DB Tax Lot : 2600 Addition: wimer's Subdivision Block: _. Lot : Quad:Ashland THEME: Statewide Inventory of Historic Properties Theme: 6d . _Archaeology _Industry Mining _Agriculture _Military Social/Education X Commerce _Politics/Government_Transportation _Exploration and Settlement _Religion Other DESCRIPTION: Plan Type/Shape: L-Shaped No. of Stories: One-and-a-Half Foundation Material: Concrete Basement(Y/N) a Crawl space Roof Form and Material: Gable, intersecting ridge Wall Construction : . Frame Structural Frame: Primary Window Type : Four-over-four double hung sash Exterior Surfacing Materials : Asbestos Decorative Features : Other. : Condition: _Excellent _Good _Fair Poor _Moved(Date) Exterior Alterations./Additions (Dated ) Noteworthy ,Landscape, Features: Associated Structures: Attached garage; shed Known Archaeological Features. Negative No:' Roll 7. -18 Recorded By Cley/Atwood glide No: Date: . 1984/ 1 August 1990 SHPO Inventory No: 7R9 SETTING: This one-and-a-half story wood frame dwelling stands on the west side of Scenic Avenue between Wimer and Maple Streets . SIGNIFICANCE: W.H. Jacquette sold the .pertinent property to. J.L. Carter on June 2, 1873. John L. Carter , born in New York in 1822 ,married. in 1845 and made the long journey by wagon to the west coast . After several years in California the family moved to Ashland. in 1871. A few years after. purchasing the Jacquette property in 1873, John and Fanny Carter initiated construction of. this dwelling. : Carter, a painter, was responsible for work on many of Ashland ' s buildings. In December, 1877' he was the contracting painter for John McCall 's new store--the first brick commerical building in Ashland. Carter died suddenly ori. February 2 , . 1882 and is buried in the Hargadine Cemetery. Fanny Carter lived on in the family home for twenty years. She and her husband raised eight child- ren. Two -- Major Carter, and John A. Carter who married .Annie Helman were longtime residents of the area. Fanny Carter died May 3, 1905 in Ashland. Later owners of this - property include C.H. Veghte and Eli Coder . Sanborn Fire Insurance Maps of Ashland indicate that the Carter House is the oldest residence on its block remaining from this early period. SOURCES CONSULTED: Ashland Tidings, December. 14, 1877 3r4; February 3, 1882. May 4, `. 1905. Jackson County ,Deed Records,. Volume 8, . Page. 20; volume 39, page . 15; volume 51, Page 270. Sanborn Fire Insurance. Maps; 1898. U.S. Federal 'Census, 'Jackson County, 1880 J ASHLAND CULTURAL RESOURCE INVENTORY SURVEY FORM Name: Comer L House T/R/S: 39S RIE 5 Address': 531 Scenic Avenue Map No: 5DB Tax Lot : 26 Ashland .Ore on Quadrangle : Ashland (I 5 — i<. -x Negative No. : Roll 7-18 Slide No. : STREET lVLJJ 2400 > 2500 Q �y �l C. r� 3000 ` --- - _ 2900 rE._ 3200 !1 3100' f ` COOUDGE - • mob:. Graphic and Photo .Sources: City of, Ashland Topographic Map; ' Jackson County Assessor fFa p J SHPO Inventory No. : 131 I . 782 ASHLAND CULTURAL RESOURCE INVENTORY Evaluation/Rating Sheet. Architecture ( 35 possible points ) SITE NUMBER ADDRESS A. Style E FINAL SCORE _ VG G RANK F/P _ B. Design/Artistic Quality E VG G 1 F/P l L 1.82 C. Materials/Construction r E VG G F/P D. Integrity E VG G F/P E Rarity History E (44 possible points ) VG - v G . F/P A. Person E Environment VG ( 21 possible points ) % G F/P A. . Landmark E B. Event VG E G VG F/P G ` . F/P B. Setting C. .Patterns VG 3 E G -� VG F/P -- G . .,7 F/P C. Continuity.' E D. Information VG E . G y., VG.. F/P 5 G F/P r tl J October 23, 1991 Subject : Demolition of 531 Scenic, Ashland Dear Historic Commission Member : If you have been on the Commission for over two years , you will probably remember my coming before you to discuss this subject with you. At that time it was agreed that the house could be demolished if it received a rating by those who evaluate homes in the Historic district of 40 or less . It was rated by a Ms . Atwood at 46. Subsequently, I decided to drop the proposed lot split on the Scenic Avenue portion of the property. At the time the idea of taking down the house and .building .either one new home or two homes on 5000 square foot lots was supported by Rebecca Brunot and Michael and Ginny McRae who live across the street from the house on Scenic and also by the homeowner on the South side whose name I do not remember . Those three were the only people I asked , as the. house on the North was being rented and the other property across the street was a duplex also rented. I have not spoken to them lately but I am presuming that their opinion has not altered . Most recently we decided to sell the subject property and to let a new owner decide what to do with it . , There is a letter in the file at the Ashland Planning Department which outlines the fate of the two offers I received to purchase t9f0tS the property. _ Bothe offers were withdrawn after 2 separate home inspections were made. At this time we are not willing to rent the home in its present con- dition, and is now vacant. There is a key available at the Planning Office, and Sonja Akerman can make. it available to you along with letters and reports etc. I would be pleased if you could find the time to look the house over for yourselves . My intent is to replace the home with a structure or structures of a simple and traditional nature in keeping with the "Ashland style" Thank you for your consideration: Richard Di Lorenzo 0� ' P. S. Should you have any questions of me please call me at 916-872-0455 A-S-H-L-A-N-D H-O-M-E-S REAL ESTATE, INC October 22, 1991 Mr. and Mrs. Richard DiLorenzo c/o Hoffmann 5164 Country Club Paradise, CA 95969 Dear Richard and Helen: This letter is to confirm the fact that during the term of the listing of 531 Scenic Drive you have received two offers to purchase. In addition to these sales there have been many inquiries and many show- ings of the property. Prior to writing their offer, each prospective purchaser was informed that the property is in disrepair and, at the very least, a "fixer- upper". _ Within each offer was a condition that the purchaser hav a complete house inspection prior to final acceptance of the house condition. After reviewing their inspections (from entirely different inspection companys) ,. each .prospective purchaser -chose to cancel the sale based on those inspections. Both reports indicated considerable long-term damage as well as obsolescence which has left the house marginally restorable. For example the electric service is "overfused" knob and tube wiring, the roof condition is highly suspect, all new exterior siding is required, there is a great deal of dry rot and insect damage and many other problems are noted regarding damage and deferred maintenance. The agent working with the first prospect informed me that there was one bid of $13,000. for the mud sill alone. An interesting point is the fact the first prospect is an experienced general contractor. The second prospect is a party who has had much experience in the building trades, specifically with fixing up properties.. . Both of these knowledgable parties felt the house was not worth renovating. Regarding. the value of the property if divided into .two buildable lots, based on today's market I estimate the .value at $40,000. per lot. Richard and Helen, please let me know how you would like to proceed with the listing. Ftycerely, Step anie Pollard Broker 150 East Main Street, Ashland, Oregon 97520 " 503-482-0044 1 October 18 , 1991 City Of Ashland Planning Division Dear Members : I am hereby requesting a permit to demolish a single family res- idence at. 531 Scenic Avenue, Ashland. I am citing as my reasons both the considerable structural defects in the building, as well as the problems caused by the present location .of the structure on the site. Twice I have had people engage in a contract to buy the home with the intention of remodeling and in both instances the buyers have withdrawn their offer after obtaining a Full house report, to be enclosed with this letter: In both cases the buyers felt that the remodeling would be too. costly to interest them further. One of these buyers was a contractor. The placement of the house on the lot precludes the division of the lot into single family lots of 5000 sq feet each and the construction of homes thereon. I appreciate your consideration of this matter and look forward to meeting with you to discuss the situation. Sincexely yours, Xt R ' chard Di Lorenzo +1-503-779-5828 TRAVIS R/E INSPECT 238 P01 SEP 09 191 15:33 • INSPECTION REPORT Page 1 DI a INSPECTI Inspection Number 531 S 16 South Central Dato_2/9/91 _ •® Medford, Oregon 97501 '. enmrnerclal lksl{e;ae openmr 0001142($03) 779-$$Z$ Oregon Builders License 051145 THE USE OF THIS REPORT BY ANYONE OTHER THAN THE ORIGINAL CLIENT IS NOT ALLOWED OR AUTHORIZED. Name of Client Brad HitAr —� ADdreas of Property 5.91_aa=iS�-12r1VB _ __Time-ILOO P.M. CI7YARh1Rnd ,FEE-$,12Qy_pAYMENT O CLOSE MT TIME OF INSPECTION ❑ BILL DIRECT ITEM REALTOR ASSOCIATE - PHONE_._ m0 N V e Same Rama sh~an this MF{aclbn report may MI De incWCed M Un ar _ PmWAY addeMUm. 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ECK AND REPAIR PLUMSINO LEAK a Fa ftwpedion hd I b,Far CW mrKsa: 12 Indies hem eanh W 911Wr It REPLACE UNDERLAY 16 bldlea hpm seed ro IOW a.Replace WM 10.CORRECT FAULTY GRADE - .0..PROVIDE PROPER SUPPORT L 13xavats a Pier P"&W pier peer T�Add la buw aaeeahed"Its plldsr c.EW pal pads-6 lrches ftm O&M W Hood . .. l�2 Gf1MIT al12f LJ AI1�C(t�[ — �7_IpAJT'- tM}� 73n cLG ,per C-�c L=u rim I'1�,- nA-A.l ar:rs� 4t t>o\,)k(S:20-JTS T—A'PT,4 A-r r-0tjk(nAnol. A-FID oe. � ,� tacit '��WL.tzsl�b IJt.9geR-, T3 W � G L�9ht6'IL r-ioc.9_c ht 10A%LI sr0c� L O P c6E 4 SL<L(Lr1VL� t- 9 F Q L <4 9 �A'Q.PS kfL1IIUVD ®(..T'7 CMT AA A_16V 'LlA1 L? IAA 1tTCU.C� i�TL.c.t1�. — c nnrT- 7L--TZ2LAS c�Rc�2 Ltd - rLA C L Gt= a L Ills, SI.6Ia SUB 1 —C--�t -.S >l 0 cn- rlkT f0 4L1 R 1�T mnt2 Q,nts.L1; .94"C* aLct Xx M-i Y>Lta¢ — - 'AetQ2. i�Q`sF3 *ee- C�e:C QJSEIQS p ee'A�L7T.d. C —4 1� o' K 107 fl- Z_b lea All 61 FAUTN .COMPANY REPRME ____________________________________________________________________�....................................... BOOK a No-L 01111 9 DATE initials INVOICE ' TO Present Address: '-a.rpri. Street H) !!:T-2l`O <. ) City State Zip Phone Numbers is pleased to furnish the following report on the property known as Street !'may nnr ^rn,.�c t:^ -r r. City State Zip Survey ime: � :':':��: ``t '-^n!n - rro Y Approximate temperature: 7'.F F Start Finish Recent weather: '`" r'3= Fu itl() Today's: Approx. property age—Nears. Place this receipt in your: _Acquisition Cost Envelope Selling Expense Envelope Client/Agent Attention: Complete Partial Minimal None Attendance: Seller Buyer Listing Agent Selling Agent Tenant . Other Seller's agent: o .ii 3oocrts ' Company: etete eat C j.r r Phone number: (Home) – (Office) - lid%—!Oul ... Charges: Survey ..;,rnd:+r? ilill ?feuse int+ :retion $ li;,C;�C Travel (Odometer Total _) $ Miles EXTRA CHARGES $ Telephone followup: $ - Payment via escrow: Rechecks:(utilities off): $ Weekendlevening service: S Pickups/del iveries: 5 TOTAL: 8 ❑ VISA Card No. ❑ Master Charge Expiration Date Name on Card Signature All Invoices Due When Rendered: Paid in full: $ Check # Surveyor. Loren 'Pttdree Co. ??o:;-nro Tns;,rct;on .-vc.Tne. MOTE:This survey system is a two part system:the survey and the recorded report.As such it is not considered transfer. table. This is your property and we will disclose no information unless specifically authorized.. - For the location nearest you contact: HomePro Systems, Inc.; HomeBook Publication Office 2841 Hartland Road;Suite 201;Falls Church,Virginia 220433527;(703)560-HOME:(703)560-0663;(800)966-4555;Fax:(703)5606121 HOMEPRO SYSTEMS,INC.® 1991- , m..1m A(datltlgiol6<tleH 1¢ been mWe M b the OCWu l al Ih'¢mNerirl.Ne w Hwn ft Sy4 .Inc..Ilk w wd tanPaW W the Y do "U n wie amume>m'4b"to a um. iv FOR USE ONLY BY CLIENT, EXTERIOR No. L 1,1.1:y9 ROOF/EXTERIOR ACCESS: Typical/Q restrictive ❑A none ROOF LEGEND - SURVEY TYPE: QWalkedlviewed from edge/ground &ROOF PITCH: Stec Moderate Low Flat A = Asphalt Shingle -•�•'•� •-�-E= BUR = Built Up Roofing � TYPE AGE LAYERS 5 YR. REPLACE PROB. S RM = Rolled Mineral MAIN yt M L $ TC = Terra Cotta/Clay/Concrete Q .PORCH(ES) H M L $ AL = Aluminum Panel BAY H M L $ GARAGE H M L $ CP = Corrugated Plastic 0 OTHER H M L $ S = Slate H M L $ V = Vinyl QI (B SKYLIGHT/S (Curbs/ ®flush) (D ROOF COATING (asphalt/polyurethane/ y AC = Asbestos Cement O 0 ROOF HATCH © REPAIRS to roof/flashing M = Metal ® HIGH Maintenance/VULNERABLE areas: SP = Single Ply Membrane Q S5 5 YR. Maintenance Budget: $ WS =. Wood ShakelShingle m Mold/Moss/Discoloration noted: Open/Solid Sheath Felts GUTTERS: Incomplete @Attached ® Box A Trough % Yankee O Internal O Alum/ Al GaNI O Copper/ @ Vinyl @7-00—de Screens A Underground drains O 5 year replace prob. M L $ +� SIDING MATERIAL: WOOD @1 Drop I1 Panel @ Shiplap N1 Board + Batten L1 Shingle/shake M1 Pressboard R1N7 Asphalt shingle m Asbestos Cement O Aluminum/steel(ground recommendedj/vinyl ( p1 no '•J" channel) stucco(permastone) 51 Texture Ti Stone/brick/block O Painted Masonry O SOFFIT/Trim UNSTABLE Materials CHIMNEY(S): ©goblet eave/ridge/other No Cricket GAS: A lawn light/Grill abandoned LAWN SPRINKLER Zones PREVIOUS REPAIRS: Y1 sro"o07steps/walks Upgrade A TREES: Large/overhanging DRAINAGE: O Recent improvementstrepairs made Swale/french drain close to house IMPROVEMENTS: POOL @Heated Cover Repairs TENNIS COURT ® lights A Retain/seawall/s @ SITE: Abovelbelow street Risk H M L Test ® YARD: Flat/ ®roiling/steep A Watedront/flood ? @2 Debris DRIVEWAY: 12 i ravel/asphalt/concretePorick ,& Slab/freeze 12 'SUBSTAN�D R6MAINTENANCE/ N2 FRESH PAINT AMATEUR WORK L2 ❑ Unexpected minor expenses for this property may approximate: 5200. -$300. More Less ? t G Check with a professional engineer, code official__ for complete information. ACCESSIBLE&VISUAL CLUES If SYMPTOMS APPEARED TO INDICATE THE FOLLOWING: MAJOR PROBLEMS RN $ MINOR PROBLEMS ; R/U $ A 'Roof/flashing Repairs .......................... _ a ROOFING malinvul redairF i {f E V, B Roofing prematurely AGED ...................... b FLASHING repairs vent collars . . .. -.;_ I C Roof PITCH sagging/PONDING valley/side,va 11 lchimrey/base ... - I !Erinn r p n•. ... - Shea(hing/Rafter Rot likely? ........ c CHIMNEY ... .. d Masonry flak r mr yr.!eanl a mr. _ E CITIt rte' Roof height top repair .. .. .. e GUTTER eal!,n'.ena.!iclean/r,. e Add 0 , F MASONRY Repair/POINT UP/parge .........._... .,,ow�ns�.out adnidean!secure/�R`fENO ! G Brick FLAKING/spalling ........._............. . g vent STAG peas e!nw roof'~ . ! h Sf= Clean/repair/replace/paint/Stain ........ SIDING bl k dr,,I-oidelam�nited - - ; splitllposehott n I Paint failure/Chalked .......................... (D Tridinc Caul Tpamtir In ... ' J Stucco/TEXTURE BULGE/crack (s) ............... roof cbn!aC! Wood borers Earth contact -... K PARAPET WALL Soffit damage ................. j Porch/DECKlonckJ:,iedrail/escape Pad/bracing/repair .! L Porch/DECK/dock/pier/rail/escape/repair/replace _. k Caulk wlnnnlr;'dnocfrHRESIIOt."S .. _ M- STOOP/step/slab Repair/replace ................ utility I STOOP/waw,al.u,dii" VC!DS/RIiFAIRS N DRIVEWAY repair/slope/drain ............_..... m Breezewap!par,elslz se",ltd/say! : ? I�. 0 RETAIN/seawall repair/rebuild/replace ............. n Driveway/sae: main to house ..... P Pool repairs/fencing Tripping havard/s ............ o Landscape C NG;w4psicalcries .. .. l '(0 OUTBU� (S E H P E) Placement? .......... p Retainlsea, a Pnm vieephocs.cpah p -Fence POST i�ns roltemCOke.1 .. �= r ti S�,ln A r A r 1L v1T n rn �„ a.L ciS r Trees/lime :-�s,::nmSs tnr/rcrove ... ' �s} Form bCa!o. H s/ PESTS p!esent .... �l^I/7 t� t y( A•n ,Ui ,�SGNG( r J� ',VC? 1RO77'—K ': :jsic9idam2;ec !S T YPI(ALLV ADNU 11 ov iiA S. e a u Golumr ease tn;;rTUsh ven! hoes ... ......' T. -r? Ot•/jdrouO 77HS 77.4' ot- v Parape+ wail SoftH damage ...... .............; i /�l7p{r a 4 YILnr / r...i 4} a l 4e Ly- rh A ` t=ti!afy7 il..! N !=f#aL E£„ li,/L /+i/L1'+1 '. g �Is.'_ r-S. /�N;7 lJc.,t1 A jlA%1;'c. i. _Otf HOMEPRO SYSTEJMS.INC.© f�J91 mr AN �A�N Cnkk etlpfl amracy of ais material.eutic Hom tin,Systems.Inc-IM surveying company,np INe inItiv"I sunetor vAl ammo arty"ity br ils use. /V Val�I'III tnMr�/�, �$ awrmlimMEU mi nnum Wmrano,price M . numion aN - re^.a"C..0.31we re[omne,rd. LNA a Loul non nce oance 0.1ional a.M. NIXIIW M16e doTy1V rd by type are nol MIeO 2 ff bivns.Unless S,e-,, FOR USE ONLY BY CLIENT. INTERIOR No 0 1111' . ^ �. ACCESS: Ty ical/ a restricted ATTIC ACCESS: Typical/ D restricted/�B none WALL AND CEILING: Plaster( � Wood/ O Rock/ ©Wire lath) F�Drywall A Paneling A Beaverboard n Acoustic tile Dropped rile ®Wood O Tin O Precast A Wallcovering/paint over paper ® Textureslsand paints HI HAT Recessed lighting futures®(No access)®PREVIOUS WALL/CEILING REPAIRS: PRIMARY FLOORS: OR Strip (D Tongue and roove faced nailed) O Parquet @ Ceramic/quarry tile ®Vinyl squares 13 Sheet vinyl OCarpet OY Slate ZO Marble Al Cork Other PRIMARY WINDOWS: P1 ,M = Metal V = Vinyl) GLAZING: lm Silplz A double/ other E1 Single/Double hung �� F1 Casement_ G1 Sliding _ H1 Awning ? Jalousie— 11 Fixed ✓ K7 Original) upgrades ® Old casings remain H1 Sun Awnings Storm shutters ? STORM WINDOWS: 01 N_ong/some/all/incomplete upgrade recommended Minor condensation evidence FIREPLACE/S: El Prefab N_ G masonry 0- A unlined/relined ? A Without damper/ ®Firebrick ? ATTIC:.I Of Attic insul �'_"'- _ ? Wall insul 7y ? ® upgrade (R+ReWdled P=Partial U=1lpgrade Recommended) R Value 2x4 2x6 R Value Ventilation: Typical xl restrictive damaged El none Soffits(baffles) Gables- Ridge thru roof Window Wall grilles Upgrade ROOF LEAKAGE EVIDENCE/PROBABILITY A stains activeAnactive ? HIGH MEDIUM LOW Evidence of condensation. FAN/S: Bath (®discharge to attic) 82 Attic/thermostat®Whole house (unguarded) D2 Ceiling paddle fans Upgrade VISIBLE PARTY WALLS: E2 Basement crawl space attic E2 Masonry/gypsum Open GARAGE DOOR/AUTOMATIC: F2 Reversing®Non-reversing Release G2 CENTRALVACUUM A Fresh/Lead Paint? ELEVATOR:®inclinator(tension safety) 12 SECURITY/INTERCOM SYSTEM &SMOKEALARMS Reco ad Upgrade Test 'PEST TELLTALES: A A Exterminate/clean/deodorize A DOORS: Sliding/hollow core Safety glass? r- - AMATEUR WORKMANSHIP• 02 ASubrstandard Maintenance: 8 Unexpected minor expenses for this property may approximate: $200.-$300. More Less ? Check with a professional engineer, code official, health official for complete Information. ACCESSIBLE &VISUAL CLUES/SYMPTOMS APPEARED TO INDICATE THE FOLLOWING: MAJOR PROBLEMS R/U $ MINOR PROBLEMS R/U - $ A Fireplace/chimney unsafe ........................ i'a; Waf�l/jeej)jog„ loose/;41cks/nail pops ............... B WOOD STOVE clearance/creosote ................ stains/spalling/repairs ........................... C HEATING unit clearance ? ...................... b Paint old/faded PEELING/alligatoring ............ - c FLOOR looselmarred/stained/dirty ................ D Hi-Hat fights (recessed)/insulation ? .............. . d Floor sag Cracked floor tiles ..... -lace ._..... E Insulation UNCOVERED UFFI ? ................. e;-. NDOWIdoor)sluckladjusff/Feepair rg. F Garage SLAB elevation/flames weatherstrip hardwareAocks glazing screens ..... I G Friable ASBESTOS . ........... I Storm sash Incomplete/broken/adjust ............. ............... H SLAB DUCTS water/chemicals ? ..... ,\caulk/ weep holes ............... ............ I CondensalionNENTILATIONAce dams ? ..... ! Trim Trim_ missing/ amaggdlenail .................... It Fireplace smoky Cracked/point up .. ............. J Ceilings/walls dama°ed(I nose ........ ......... �� (cap + screen) clean ashdump file .......... wallpaper/paint repairs ......................... clearance DAMPER seal/warped/rod ............. QFLOOR stained/swelled/ratted damaged ......._. i Insulation PlacemenUbatfles/vapor barrier ......_. L� Worn/TOrn/� Stained VENTS blocked/pests/screening ... .. . M WINDOW/DOOR repair/replace/secure I Attic/whole house FAN/s out/mounting .......... -- k Garage door broken/sags/tracks/springs ........... clouded double pane SEALS ..................... locks power supply remotes ? .. I Bath TRANSOM loose/missing .................. at Central VACUUM out/activators ? ..._.......... UStair rise uneven railing ,.........._.._..... III Y.f ,1., t o-, ` r. Gl r�J•�rn,t i (i ULw�< rt, :zs r HOMEPRO SYSTEMS,Inc.© 101TI L gy,yq, A cpns?- u"s ellpA tas been mace e m the acwraco of rtes m ininal. mtr FbmePrp Systems.Inc., rte SurkAtp phlror=grRa pe �PvQ)�suivefpOptl�S4yppTLGpiYlr Iec+9 A. ? unbiowNSUpetlne jWgemem E = apmodi acced minimum Noma]house price. M number re nT7 repair or upgrade refommsevered LL�OF =—LocEf non aaeOrSnc'e + = Questioned acceptance normal rase dipsyncraties by type are not retell as problems,unless severe. FOR USE ONLY BY CLIENT. KITCHEN RIO. L011-1119 NOTE: Appliances are not removed, areas beneath/behind are not checked. Freezers and food centers are not checked. KITCHEN: OCompletel� Incomplete ACCESS: Typical/ 6 restricted. ONew Original O Updated partially/completely O Approx. years ago EXHAUST FAN/S: 1E External discharge (® down draft) O Recirculating None Upgrade Approx. OAPPLIANCE eat Source Ages Replace Prob. Cost G Range/s wall oven/s G E LPG (cook) H M L $ Convection-®Cunt./Self cleaning H M L $ Microwave (micro) H M L $ Cooktop . (ceramic) E LPG H M L $ lLil � (Cook) H M L $ --rrrr--x� H M L - $ O Refrigerator ❑I (ice maker) tea'.L=(Ref.) H M L $ O1 Dishwasher H M L $ (portable) •- (D.W.) - H M L $ H M L $ O Compactor VtA (Comp.) H M L $ H M L $ ODisposer L batch feed Water pipe switch NIA (Disp.) H M L $ H M L $ © Instant hot mYA (I.H.) H M L $ H M L $ Water filter in use:ON Y N Disposer feed guard in place: Y N APPLIANCES NOT TESTED: F0-1 ® Pest telltales pl Extermination recommended AIJATFLIR WORK14AN M ® - ©Substandard Maintenance Unexpected minor expenses for this property may approximate: $200-5300. More Less ? Check with an appliance contractor, code official for complete information. ACCESSIBLE&VISUAL CLUES/SYMPTOMS APPEARED TO INDICATE THE FOLLOWING: MAJOR PROBLEMS R/U $ MINOR PROBLEMS R/U S A Total REMODELING recommended .............. a VE bake/broil element ouUtogether .......... (8)ELOORIN5 b ekledZa d/cnla/19= hinges ? warped/glass/latch .. s0a keVclosure OVEN DIRK .................. SCI EQlAaN70RR4.r"""""""""'"".-"' It Cocktop ELEMENT/bumer ouVSTAINED ....... _I C Damaged CABINETS or COUNTERTOPS ........... c MICROWAVE out/timer/malfunction ? ........... D Extra circuitry recommended .................... d REFRIGERATOR/freezer out/noisy/closure .........i E Gas/MICROWAVE leakage/problem ?............ cabinet not level dirty/damaged ................. F Stove CLEARANCE tap/side/window ............. GASKETS tom/loose/dirty DEFROST fan .......... SHELVES/trays/casing damaged/missing .......... hG Charcoal cooking equipment ..................... a ICEMAKER out/noisylleaking v .......: t I DISHWASHER noisy/outAeaks ...................I discharge hose blocked/FRAPS WATER ._._...._ A no vacuum breaker latch Ineffective .. DOOR springs/rust/gasket J g DISPOSER outfleakstiammed/noisy .. smells/rusted/wire loose ................ i J If INSTANT hot out(leaking/wire .............. tl i Exhaust FAN ou/dirtv/noisy/drafty .___........? d COMPACTOR out/dirty/noisy/locked ? bkSINK damaged hardware leaks ...... ..... r' CkQARIWFT untert�o s dilal&qedfloose ........ in Doors/drawers stdkk guides/hardware ............i n - FLOOR seamslbuckled/uneven/loose ..............i dirty/delaminated/tom ? ........................' o Pilots/controls out range no power ........,... I HOMEPRO SYSTEMS,INC.0 1991 tev.b9�. A conscientious effort has been mope is to Ilse accuracy of ads=left[.Neither Hpmeprp Systems.Inc.,the neyor surveying conealry,nor the Indiddual su 'w tt assume any fiadfity for its use. ? uNapw'NSUgecliae pdgemenl S . apormerated min=a=contractor price a . romper Rlu . repair or upgrade recommeMee. LNA . Local non acce=ance w ouestioned acceptance Normal house idiosyncraaes by type are not noted as problems,unless severe. e FO USE ONLY BASEMENT / CELLAR / CRAWL SPACE / SLAB FOR USE ONLY P_1' CLIENT. �E (] ACCESS: OA Ty A pical/ restricted/ none NO.L Q !y g UNDER HOUSE SPACE IS BEST DESCRIBED AS: 0 Basement ©Cellar A Crawl space &Slab &Combination ©Grade beams used ®open (elevated unit) FLOOR: Q Dirt fiJr vapor barrier) I Concrete Finish: tiles! O Carpeting/ ©wood OCRAWL SPACE: A DEEP FROST O Conditioned ❑0 ceiling/walls insulated(partial) ®Air passage basement/crawl space OVENTILATION: (ATypical ARestrictive none R Ducts wrapped Upgrade Pipes wrapped Upgrade FINISHING: F$ All/some/none Original .? &added later t professional ? UU amateur ANo chimney access & Heat/cool (Partial) Original &Extended Added O Ceiling walls insulated® (Partial) ® Mildew noticed @ Dehumidifier recommended &Form lies/foundation: unparged LOWEST LEVEL: Al Floor drain: YA N O Outside entrance: Y N C7 Areaway drain: Y A N N/A AStiffening postslbeams A Floors shimmed/ F1 bridging added ® Hearth forms remain ® Window/Door damaged/loose I1 Basement newly finished freshly painted WATER/MOISTURE SYMPTOMS: AEl lorescence A Peeling paint A Swelled materials ®Stains A Loose flooring A Rotten wood ® Silt A Water on floor A Damp flocrawalls A Mildew/odor ARaised appliancesistorage AWindow stains ARust stains/appliances &Other EXISTING WATER CONTROL MEASURES: AWall sealants ®Joint fillers A Filler/roving against wall A Floor-wall sluice A Underdrain A Perimeter drain/Sump pump(AC/DC) Location/Restricted/Sealed ? A Wall/Floor plastic Q Other Water seepage/dampness probability after recommended changes HIGH MEDIUM LOW (See below ff M also sea exterior key sheer for ct arges) AMATEUR WORKMANSHIP: E2 Ell Unexpected miner expenses for this property may approximate: $200-$300. More Less ? Check with a professional engineer, code official for complete information. ACCESSIBLE& VISUAL CLUES/SYMPTOMS APPEARED TO INDICATE THE FOLLOWING: MAJOR PROBLEMS R/U $ MINOR PROBLEMS R/U S A Persistent FLOODING likely ...................... occasional seepage damp wall ....:.. B PERSISTENT minor seepage likely ............... _ Mildew/mold formation likely/possible 7 ..... D High MOISTURE/ROT conditions ...........:...... ©Crawl space VEN�TILATI�Nnad a rare? .. ...._.... SPRING/high WATER TABLE likely?:............... ��VAPOR RARRIFp nnnnod/incomplete ............. E DEWATERING system needed .................... d AREAWAY damp STEP rust/rot F Dewatering vital: AC DEPENDENT? ............... a Sump pump INOPERATIVE ? shallow . j G Pointing/Parging needed? no checkyalve freeze vulnerable ................. H WATER SPOTS through slab .................... discharge showto sewer .... I Slab SETTLEMENT ......._.................... f Steps loose/rotted TRIPPING hazard ............ J Wicking Moisture CONDENSATION ............... g ASHDUMP Clean/secure/provide door ..:..... .. It Insulation fallen/reversed ........................ ner. n +.l A/L A4m &'WAttun� r- &ei aria.R{'t r.a 40� --� L—L���Seepa�ge- �O�,Id �ecte d to build water more than an inch or so deep. PRO SYSTEMS,INC.G 1989 ley.ores A conscientious often has m=-0e as to the accu,a�y of this material.Neither Hoen Systems,Inc.,the surveying rgmpany,nDr the iMividual surveyor ynd assume any(ability for its use. v enaMM'I✓sublKUVe abgelMAl 5 _ aNuoumate,mirvmum buourader price / . camber RN . repair ra upgrade recmarnhyJed. U P . Local itor;aCttptance t . Ouenoned accevtaece Normal house ithroo a ade5 by type are nor now as Dmblems,unless Severe. FOR USE ONLY BY CLIENT. PLUMBING NO-L0111'19 ACCESS: OA T ica A restricted FB Utilities off/equipment not checked s Dry system Water Pressure �PSI WATER: O Pub i Qp Private Separate/ QE together ©Shallow/ ❑F deep Qabandoned TREATMENT: Ha Hookups) Hb Equipment/ He Operating Bottled water A Fixture stains �1 Test MAIN SHUTOFF: OK Location �!1-r-1•. t_ ®Poor access L FIXTURE SHUTOFFS:,�I'�N 0 Some O Backflow/Anti-syphon devices AN HOSEBIBS Standa.Ld/Frostproof/off ANaccess, needed? ANvalve Qpetcock a Street/well supply line: �, I ' I Internal Supply lines: r1 Drain,Waste,Vents(mechanical): Exterior r^e at.• L . Qleadf Gall c Brasr d Capp�z*' ? _ a.-Gay b Brass) cQCopp'QPlas a;'GaM��&Leadf&Ccpp/ ft WASTE: R Public/ g Private septic system(Q5 Infringements) U INSURANCE INFORMATION: AT dependent system/cistern %supply piping updated Number of years ago Lawn sprinklers (work) ElHot tub®Whirlpool©Steam bathO SaunaQWell Zones 4 Problems: TILE: 0 Mastic/Mud/Painted ®Previous repairs: Vulnerable ATTENTION ' Sewerpipemwal AbarAawrdryieump ASmalfoltlsepicsystem �Orarge6urg? ®Chemushvalve A®res W/OokeromipmrrteNrelined!fiberglass t �7SL�1Ceramic tuhMall 0ass enclosure FMureslpipas ovedleadfoulside wall Fire SprinHer pas In ®rigid prpelsebnuc area —Lead soppy fine @ Rough in/partial ®House trap ®Stains tub/shower Problems @ WASHER: N! Age_ Replace Prob. H M L $ W/O connection(s)available. XX (B DRYER: e-N-Dq Age _ Replace Prob. H M L $ Gas/electric UnNented(Plastic long/cold) XXX O WATER HEATER: Age � Replace Prob. ®M L $ Gas/ Xt electric/ ri oil)®Ip gas) A2 solar Heat pump C2 Circulated G Integral boiler E2 -�Gal.Tank mstrap/flex line upgrade G7 Instant H2 Central AMATEUR WORK: . IZ ©Substandard Maintenance n Unexpected minor expenses for this property may approximate: $200=$300. More Less ? pL�l Check with a plumbing contractor, code authority, health official for complete Information. ACCESSIBLE b VISUAL CLUES/SYMPTOMS APPEARED TO INDICATE THE FOLLOWING: MAJOR PROBLEMS RAJ, $ MINOR PROBLEMS RN S A WELLISEPTIC failure equip.out repairs ......... a FLOOD RIM Laundry tub "S"trap backvent? ...... B GRAY/BLACK water septic remains ? .............. b DRAIN slow/stoppedfincline TRAP ................ - C EXTRACTOR pump failure seal ................... c STORM WATER to sanitary sewer .................. d Water HAMMER hangers unlike metals ............ D VERY/LOW FLOW'k'pipe/cloglkink ..'.............. a WATER HEATER leakldralnldean dip tube?......... E FROZEN system present/past ? .................. adjust flame shieldtflue connection backdraft ........ F FREEZE vulnerable pipes pumps ................. elementAhennostatithermocouple. ? extension pipe ... G SHOWERAub leak split? Rusted .. ... f FIXTURES missinglboselmaneN cr a ck ............ . . H Supply/Waste CROSS CONNECTION .............. stained/chipped/peelng/crazing e v e m f e b u ....... WELUHARDWPRE clochatter/reverse/rebui ld ....... Tile repair ........ �jOrain I re ulmissjna. J TIP valve needed/relocate ........................ i ALVE repack/washerlseat handlelso access ........ K DWVfSuppy Pipes Leakinglbroken Lead? ......... (liSYCJppvSpjleaksmardware/flushlcracked ............. L BACKVENT missing/location ........... _ Shower doors/head repair hardware caulk ........... M BRASS pipeldeposits Copper/Lead acid ............ I TILE caulkoun/noisyextend r shower guards ........ m Rath fans ouUraaylextend recommended ........... n Tub COMPRESSION SEALS outmo access ........ o Gas leaklvelves/drip Iegst lex pipe .................. p Water heaterlwashing machmelair handler drip tray .... . . LEAKS/oonosion pipes finings other ..........:... Sprinker Repairs ................................. S du wwt JZ 64 rJ ifC - �LE2 c-/ nn-r.-At.t R(Ii L,N wAt- W . AA-n! �l +c (�2x�'LFr;inN. w HONEPRO SYSIPJNS.INC.® 1991 M.m A canuieMioo eeat Ica Esen maEe a5 to lee aaurary of)his matwiel.N ftM Ho PW Systems.Inc_lee wnrying mmpany;nor me NdiMk sun "assume anY 1i dy br as W. 7—unknowJZAjearve pe9emam' S.appmsmwoE mm�uan CorxsaHar pica '�nunEw alU�raga"rt a wgraEe ramn�nMeE. LNA�Wrtl nm avxgantt - � .Oue9ioneC aazparce Normal liousa kiosynaacies M rYPe are rot rw1eC K padems,unM 5 seem. J FOR USE ONLY BY CLIENT. ELECTRICAL NO. NOTE: Sealed boxes are not opened(Canada) and limit disclosure. Q EMF Electromagnetic Fields. ACCESS: AOTVpicaI/I/[fl restricted C❑ Utility off/system not checked Voltage 1201240 1 3 Phase Main Breaker Approximate Amps: ❑D Entrance cable Main Box's eEXPANDED SYSTEM G� Underground/O Weatherhead EI Breakers/(D(vmgs, 1❑Buzz/hot O (resettable) Useful Upgrade PANEL: ( OL Labeled / M� unlabeled)Iareial) INSURANCE INFORMATION: NOSingle/Og multipe trough VO Original service ❑W heavied up (incomplete) ©Expansion Room Y U--N ti Y❑ % wiring upgrade/added Yrs Ago O A/C Readily Accommodated Y �:N`'1 N/A O Entrance Major Appl @ `• ./', Zc Gen Light ul Loose wiring in panel Al (CU = Copper AL - Aluminum) A Hostile environment 61 Romex/ m unQR+AW_pA9aJ @ BX/@ Conduit/ AK nob „Igoe, (Loomex) GROUNDING: A Plumbing/gas/rod multiple central ti2J H1 Surge suppressors 11 Lightning rods useful upgrade/s - GROUND FAULT BREAKERS:18 PaneUBath/Garage/Exterior/P l/Kitchen Extended/Useful Upgrade PLUG DISTRIBUTION: Minimum/® typicaV A upgraded A lwQdhree hole binatfon N1 hidden deviceslswitches? WIRING: Custom P---*' P1 OutbuildingNaid 01 Low Voltage/DC Lighting Auxiliary/heat tape Extra circuitry recommended Supplemental Power Custom Lighting ®Substandard maintenance A AMATEUR WORKMANSHIP: ❑ Unexpected minor expenses for this property may approximate: 5200 -5300. More Less ? _ Check with an electri .ion code authority for complete information. ACCESSIBLE &VISUAL CLUES/SYMPTOMS APPEARED TO INDICATE THE FOLLOWING: MAJOR PROBLEMS R/U $ MINOR PROBLEMS R/U $ A Inadequate POWER service �.................... a Entrancelmajor appliance leads .............. B Entrance cable UNDERSIZED ..................... loose/ANTIOXIDANT needed ..................... ' C ALUMINUM general lighting circuits ............... b Tripped breakers/s blown fuses ................. D UNFUSED/unprotected circuiVS ( b') .........:.. e'•A4IdtNle.taps/CiLguiLS7 Extending of circuitry? ...... ..._ Fi'�,VfRFUSING .......................:......... d Circuit(s) not connected in panel ................. F WATER/rusted connections in box ................ e. EXTENSION cords SPLICED wires ............... G SHORT CIRCUIT Bumed/frayed wiring ............ f FRAYED appliance wires PLUGS ................. H_Broken GFI Bad circuit breaker .................. . g Nonpolarizedlungrounded ADAPTERS ....... o�.TS)9�..auP s.Stga�...-......-.... '-h. WIRES/BOXES uncoveredAOOSe unprotected P ...... J, EXTENDED major appliance circuit ................ Fixtures. broken/defective ....... ...:............ K GROUND STRAP/rod missingAoose ....... :J., RECEPJACLES dead/ungrounded ................ L Exterior/interior CONTACT hazard .......... ..... painted/broken/ggypj$/JustedAllose ................ poor connections REVERSED POLARITY .......... I SWITCHES/dimmers defective ................... multiple pole needed ........................... k ANTENNA Close wire contacUUngrounded ......... I ENTRANCE frayed/in trees .-. ................. m Meter/entrance cable loose/frayed/drip leg ........ . n Outside fixtures open to weather ...._ ...... nn/.) ^x"e^FJ o Inappropriate WIRE Panel damage ... ...... ..... f p Doorbell nonfunctional t.r .L HOMEPRO SYSTEMS.INC. ©1991 REV.Wl A conscientious effort has been made as to the acourl"of do,material.Neither HomePro Systems,IM.tae suMymg company.nor the individual surveyor Nid assume any liability for[s use. unWgwNylblCClive NoOemem S approvlmalM IMVmum eMVaclw pMe ♦ MImbLY R/e - repa r or upgrade reeommed,im LNA LOCaI non actt lance CLIENT'co USSEt Till; 1' FOR USE ONLY E HEATING/AIR CONDITIONING - z . L; ACCESS:OA Typical/ FB]restricted EC Utilities off/equipment not checked (@ COMBUSTION AIR SUPPLY Aout/makeup/house +•^°"" air to air heateRCtfbnger HEAT: ❑E Space/ ❑F central/ GOcombinationOMultiple system/zone/balance devices QI Rooftop unit/Hostile environment/Garage ofC1 OIL/AC Heat s� l'u �jTt� � ��1 i—tll-s a Or �� T APPROX BTU/KW/TON: AC ®GRAVITY/ ©FORCED: DRAFT, Aupl EN down/ N❑ side (crawl space)i � counter flow Duct damper/tan ❑P Flexible ducts O Hi/low pressure Al Slab ducts (transite)O Radiant ceiling plenum O returns Central/O individual 0 Humidifier: Evap/atom/drip/steam ® Electronic/special filter ©Condensate pump HOT WATER:(@ One/Two Pipe OZ circulated 0 Radiators/IS convectors/@ baseboards/a)fan coils/A radiant/ Aoverhead loop BOILER: G1 Conversion Alh tube type @ STEAM: Aoneltwo pipe Aboiler upgraded FUEL/S: L) C to oil N1 electric/radiant Q) heatpump element?0 wood G coal 0 Kerosene 51 LP gas A Outside Air OPilot elect ignition ®Flue damper ®power burner Q Induced draft e condensing type(discharged?) Catalytic 82 sealed combustor ( ®separate flues?) FLUES: 0 Masonryl IS Terra cotta/A Transitel G2 Metal/A Pre-heater ®OIL: Tank @(Inside/ A Patched/®outside/ ®buried/ &Abandoned?) ®Filter A Old masonry flue OSPACE HEATING:@ Elec.(bsbd/fan)®Radiant(D Heatpumps®Gas/®Kero(A Unvented)®Wood stove H(insert)A Cool flue .AIR CONDITIONING: O space/centrallcombination split/packaged O Electric compressor/s® Gas Chillers @ Window/wall units Awater heat sink C3 Evaporative A Retrofitted Overhead Replaced Compressor ? THERMOSTATS/CONTROLS: ® Single/multiple O Central O Combination/ G3 setback A (SIMULTANEOUS OPERATION) 13 SOLAR SYSTEM: Operating: Y N ©AMATEUR WORK: A Substandard Maintenance A Living units on same air system HEAT AGE: _ / /?,_��--� Replace Probability M L S $ $ AC AGE: /_/_ Replace Probability M L S 8 $ Unexpected minor expenses for this property may approximate: S200- S300. More Less ? i Check with a mechanical contractor, code authority, health official for complete information. ACCESSIBLE &VISUAL CLUES/SYMPTOMS APPEARED TO INDICATE THE FOLLOWING: MAJOR PROBLEMS R/U S MINOR PROBLEMS R/U S I A MISMATCH unit/house/distribution ............. /a Heal EXCHANGER/casino/duct rust ...:.......... R Heat EXCHANGER ? cracked/holed/rusted TEST MfM,,,1"a'Toi�x�ERlrust/cleann s>�e .......... C Boiler LEAKAGE FROZEN system ? ............. � -Tt%'—lust/conneclionAncline/lerryM:............. i it WIRING burned/loose .......................... I D FLUE unsafe clearance/capacity ? ............. �` pilot/bumer adiust/clean/replace -.._...... C.f I. E Insufficient COMBUSTION AIR ? ............:... '•Afr'$a=.r MATIlIttloose/dirty ............... F AC/Heat Pump Unit/s ouVpartial/not tested ....... g "V' belt adjust/replace pulley ................. - F v h ControlsiGAUCES repair/re lace ? j i BACKUP heat out/partial ..........'..... - P � �.���....... ; • G ASBESTOS? exposed friable ? ................ i AC coil dirty clean tray fix pump .....-... H Steam control repair replace ................... I Switch missina.rbroken poor location .... — ! - k HUMIDIEER/stat out water/service ? ........... I I Appliance/WOODSTOVE CLEARANCE ? .......... I ELEC FILTER out? hookup/dirty/service ........... J Flue DAMPER malfunction ? .................... m Filter dirty/loose/missing -...................... i K Oil burner/heater dangerous ...............:.... n Plenum/DUCTS roisyitape(nsulale/repair .......... i I r L Dangerous Space heater ? .... ...... o CIRCULATOR out/repair/lubricate .._............ VALVES feed/relief/zone AIR TANK ...... ' I iAA�Uneven heat Distribution/Stratification .._........ q High/!on pressure AIR BLOCK/purging d ��JJ P acement _.. ..... r OILBURNIER !irehox seal reline ................ Rooms WITHOUT heaLlcooling ............. barometric damper install service ...._......... i r ` nc un out senes If ..................... s Utility room enclosure ? ....................... J I RADIATOR/baseboard valves/handles ......... ... l u REGISTER missing/damagedtfstuck ' _ v CONDENSER/chiller Clearance Support ............. l Refrigerant Lines Fins Oil sta;ns Service ......._... w,Overhead air handler DRIP PAN? ................ + x Flue CAP missing/rusted/loose y THERMOSTAT broken/loose/oldilocation .......... ! z Duchvork dirty ? ............................. j l rat f HOMEPRO SYSTEMS,INC. 0 1986 � it'.2" A[onsciemious efica Gas Deed made as to the accurary of this orw eial.Neither HomeN.Systems.Inc the surveying company,nor he individual surveyor will assume any ha ardy for its use ? = unknnwM'uh,clnve LC@meat S . appmnmated nndmuna ronua[lor price Y - pumper 0.N - repair or upgrade recommended. LNA . Local non acceptance a (ho"honM attfMan-e Nnrmal hnnH vtown[ra[fec tv Ivna.ar.nnl mm�d a[nmblrm[ nlncc c.,.n•n TITLE 53 J� �" ` �' REPORT NO. , / / 1 % ji t ter 1 (� A 'iZ MA- nl vT 121 A 2 C,"WL SPA( e A!(L-SS ��i 2ni in100 GaN1 cT" S WOOD 6)je nl(r 1 NStrl F}m4Gt LEAS gl2 QT HOMEPRO SYSTEMS.IHC® 1989. xEV.188 A casde m that hes Oeen mxe u b the AMWXy of tlis=,W.Nedw HWWND Systems,Inc..V*mneyln7 Thy.W the kWAdwl WMM•ie assume xy rodRy fa its M. CONFIDENTIAL: STRUCTURE GlUi.iTC. RE NO. „ 'f 'f 00 . FOR USE ONLY BY i,L1Eh'T. � ". � i i. y_ ` POI;1'•i i}fir r: ACGE-,zt, Tl�l/O restricted Foundation Seismic Bolts Upgrade Recommended f t.i=ull oasement 0 Crawl space ©Slab 'A Post tensioned slab ®Combination &Gradebeamed Upgrade 6 . u�:1;•ing�(P1ev3ted) OH Original construction QI Dug out Q Expanded '-1F teHia:.;;: ,_p\ :;;,c',; �_7 Block( La Pargedl ®unpar ed ®Terra cotta ®Stone (loose) O Poured Concrete �p Wood E, LC ,e ac l t q-_)Slight/ Moderate/ Ongoing Qd Adequate repairs made ? " HGv:liL°.Is: �k I 'ore Solid masonry/cavity wall OBrickveneer W/Oweeps �0 Wood frame & Floors: Reinforced/Trusses _ V Lou house 4(L Oemori ®Hurricane/flood resist ? High Medium Low retrofit: ❑Y Earth. ® Earth sheltered j FRAMING: (Z0)Slight) A Moderate Ongoing Zd Adequate repairs made Zd Access impaired ' ALIGHT FRAMING: QITemporary supports/beams/columns c1 Past fire damage .WOOD BORERS: ® Past activity A Evidence of treatment ® Adequate repairs made ? ®Not completely seen MISC.: Additionsrcutbuildings H1 (expanded Septic?) Access impaired m shallow pawl space 11 Wall Anchors 6fA POTENTIALLY DESTRUCTIVE/DAMAGING CONDITIONSRIEFECTIVE PRODUCTS? EXIST: © COMPLETE WOOD/PEST INFESTATION REPORT RECOMMENDED Mi AMATEUR WORK/REPAIRS Unexpect,r' c:D:cr :menses for this property may approximate: 5200 - S300. More less ? Check with a crofessionsl enoineer, pest control contractor for complete information. 'c!Bi E & VISUAL CLUES/SYMPTOMS APPEARED TO INDICATE THE FOLLOWING: R/U $ MINOR PROBLEMS -- - R/U S I >Il c -. —............... /t`-a1.Simi FOLINDAI - CR;C -- ..........._. I .. ......... •' one l°se tI m�T� .: r.'-trzge ........ p . ._, .r... r•.. .. .._.Jed slab .._......... b SLAB ...•nrlrt se!ue,•. :n, .t. Cold Pours Forri Tids g-• ................. .,roc= wall .............. C 1'„^1Illg Si'0.'1.'lare^•ea''t,ideicut ................. - . �d Delenorattid-support/E CO!I:mn/ ............... ' D fi,r„b ileave/Se`IlP,a:+=: ... (-e�,Frooi sa Crown/Cuts Porgy f Support ............. OL-.d/sett 01.06E ('. InJT ......... ......... f ChecfJCranFlCui sill Jaam ;Gist p ost .......... l-nm in:c.ud °cce:d.ic load ._ • g Rol Subllooaljois;/beF.mtsd pice/post C5POP r 9 .,fired damage .. h Damp ..nbC Wendt C °P _ .. -��. f- l i uai4tfltec c 1 'e r s i Un era red WOOF RORER 9 damage I G 'CO' gcT'.T'C t,r at on/PierS ? � Cunddions COI1nL1CQE - ,od ROT �.�. v ';dL H ,.;.' rte.dbo lets 7 p ` taming GLSh Ha ce, n tlying' .. 14 _XfD:SlVE R01 v..a :Gois walls ............. I Leaning stairs multi layered s.:ppon . ._... ' L Spaninaaderrcob.n:a'si:u;,nn nails ............... in Floors OEFLECTINGIspringy ..................... M LINTEVARCH Sett!e:' Oet!ecled n Roof sags/ponds Crack ed rater N ilw:i. VENEEP sepa,a,inn Settlement ............ 0 Roof tco equipment Suo,^.Ga;m; ........._...... J 'Wall hulge CHIMNEY settlement_ .... ......... p Rising truss Gnt/damaged Lnoids/rafters ........, P Pour brainy soil? Scillioct? ........._....... q. raftedsbealhing tot delamination ... .... C PORCH BEAM lot l-.—nolno LINTELS .... ....... r LINTEL rustino'e= rtanCOo P. E,:iosa!e e:'o CGP":�a.;;ll!S footings? s )Nall 5JLSE” CH.IANEY Settlemeril r Vt:ana!/Idler a! Icads? i),iil t Cavity :•:a!I ftash!nq-vde.F •iuiE _...... L��1�Y17TL.�ii.'G' �i.,r ll4(.7 /�•�It=n rN / .. :_� f.f•.n/I 7 l(rF_J �l 1GyS_ inn r� �• '' ----��/s1.1i`.�8:_x.11,'1 fl,Q:n..14 nr" ��dl'� /'.,r,_. I. y � � r !•crGY loll. C�)/lIJ<, ar:( r r 'td SZF .. a r.1(. _L4 /..A+D ._l- i „a. rI G.a. •;, .�f••r, �.. :5: •v. .. —�:1Ga�.i�-r>.__.f_f•A-I .!.' /1; 1" !Y`. SSihrf,� S L!G "e' ge +Ayti 1- " _ CFi E #w`l t �� fi Y.lL 7. Z �c of n __{tl'x( el4f'L- & "al er-Ati rL SD.err 1z .21 l*%ate ti: gyp, i[ irls7-.l) A"tNAY (=!{U[h1. lit._:_ 6 -= 1h/Ir' 1h442t 1 a= �a` At< <.nr!? �;•y..r _14 i� i-7 ��i+�! J- ...-,• C! 'Fr.) /(J ,L1NHb2L- s*j3�Li'.tE - aJYSTEMS.INC. W' 1999 pp ``A� /� C�MW C :s. ^.b: +�CgKdelppucaClKt 1,x5 TepA@G.i-n-o I�i cuca[T-vnli5 MOIb:Y/`frylllei� C.%ta )ems.IL.m , survel+,q company,nor the rM-nG-f surveyoLNA assume any fiaciept for its use. / E aldrowma,eA minimum Cpnlracapt pric M ,In,t R/L' _ to d ., upo:aae meonnynJeQ LNA = Local non acceptance @:eIlimeA ar[epUn4'.;Nprm.0 facyse,jaipws W IMe are not nplM as mnhlems,tint?a 9999.9. d PERSPECTIVE SUMMARY No- L011119 THIS SHEET SUMMARIZES THE OVERALL CONDITION OF THE VARIOUS HOUSE SYSTEMS IN COMPARISON TO HOUSES OF ITS PEERS. STRUCTURE: _ ,ELECTRIC: Major.J Minor — — — — — Major/Minor Complex /Simple tit Repairs Needed Repai[5-2ecommended Circuit Check Recommepdg,Q Above Avg. Below Above Avg. Below HEATING.-AIR CONDITIONING: f' PLUMBING: Major/Minor — Major /Minor Repairs/Maintenance Repairs/Maintenance_ needed �� _needed Above Avg. Below 604.1�qulpmeaL Above Avg. Below BASEMENT/,CRAWL SPACE /SLAB: KITCHEN: Repairs Recommended Major/,_M o R ai_rs. Needed Moisture dd M"-sturn/See page wed EA11i9Ment signsyre;gpj Above Avg. Below Above Avg. Below / INTERIOR: �" EXTERIOR: Major/Minor Major/Minor Repairs Needed Repaiu_U=cled Cosrpetics„ Cosmetics Above Avg. Below Above Avg. Below Level of complexity: High Medium Low Subjectivity of opinions: High Medium Low Probability of undiscovered problems/Unsafe conditions Major H M L Minor H M L MAJOR POINTS OF CONCERN ARE- SIGNIFICANT QUALITIES OF THIS HOUSE ARE: ✓1: }�� ,tom,/ t _ - ' l fr: f 1 r. r .. The following sections are considered an integral part of this survey. Preceding each is a block to be checked off by the surveyor. { All ❑ Perspective summary ❑ Life cycle and repair/replacement cost guide ❑ Using the survey ❑ sheets El Prioritized weatherization guide ❑ Problem parameters ❑ Multi-colored key sheets 11 Articles and buyers guide El What to expect .- 11 Sets of colored back-up sheets ❑ Presettlement walk through guide ❑ Receipt form - ❑ Reference and products guide ❑ Tax/paper work organization kit IF YOU HAVE NOT ATTENDED THE SURVEY, PLEASE CALL THE SURVEYOR AT EITHER OF THE FOLLOWING NUMBERS: Daytime ` Evening HOMEPRO SYSTEMS.INC.© 1991 RtY,rat N cowerenhous Short has been made as td the xwracy of this matenal.NMher homers Systems.Inc.,the surveying company,nor the individual surveyor vng assume any faNhty for its use. - v Friends of Ashland Itt C, a,.., cry 9 �+ r1vAC !/_75+1/ fi YXglLp ylU i ,"UY at bLuc 350 /q,t�dpti(�; Cotieun.N WCA�. 00tuxu t3h.�cf.J we i^J OUq,µ, & 4rt cn U{tU •-a It 4 Q CVt+ 1�ht-a-a- Cu-.2 4ti. 6J.z. `h� Y K2! (rh ✓ wCt�7 �s in, a Ca nz �C rfu yt 4 G /Laveti(�u. l�, 1991 Post Office Box 3010,Ashland, Oregon 97520 4. ASHLAND F=RE DEPARTMENT M�MORADTDUM November 7, 1991 TO Mayor Cathy Golden & City Council F ROM Keith E. Woodley, Fire Chief S UB.T E CT Fire Department Staffing On May 7 , 1991, the Council was provided with a summary report detailing reorganization efforts within the Fire Department. At that time, I advised the Council of my intent to study further the issue of department staffing and provide recommendations, if appropriate, for improvements in our service delivery system. This memo reflects a survey of this issue and is provided in advance of the preparation of our 1992-93 FY operating budget for the department. I have been working with Jill Turner in regard to Fire Department personnel services and related costs. The Fire Department currently provides fire and emergency medical services with 18 firefighter/medics and six students. Student firefighters receive an hourly wage, limited benefits and generally work 18 hours of an assigned shift of 24 hours. Students attend classes during morning hours and, if enrolled in EMT classes in Grants Pass, are absent from duty 4 : 00 PM to 11: 00 PM. Current labor contract provisions limit students to four years of service with the department. This provision, in conjunction with college . graduation and full-time employment pursuits, creates continual turnover within the program. The student program has, in part, alleviated our pressing need for additional personnel; however, the program was never intended to effectively substitute for salaried, full-time employees. The total budget impact of these six student positions is very nearly equivalent to three additional full-time firefighter/medics. Our proposal to the Council is to phase out the student program and add one firefighter/medic to each of our three shifts. Fire Department Staffing 'Page Two The distribution of personnel under this change would be four firefighter/medics at Station #1 and three firefighter/medics at Station #.2. This would provide for prompt fire and EMS response to all areas of the city. This would also enable us to provide advanced life support service from each fire station and equalize response time for medical services East and West of Mountain Avenue on a 24-hour basis. An analysis of the fiscal impact of this improvement would be as follows: FY 1992-93 Variance Current Staffing $1, 200 , 400 Proposed Staffing 1,206, 140 5,740 p (Pay Step 2) V Proposed Staffing. 1,225,760 25, 360 (Top Step) The potential benefits of this adjustment to our current level of personnel services would offset the increase costs, which is estimated to be $ 25, 360. II November 1 , 1991 We, the residents of Central Avenue, anticipating the traffic impact on this street from the proposed Haines Resort complex feel concern for the safety of the children of Briscoe school and ourselves and are requesting the following be done before the project construction begins : b 1 - A sign at Central and North Main and one at Central and ?s� , Helman restricting the use of this street by heavy trucks . -=� 2 At least three speed bumps on Central Ave. in the block between Laurel and Helman. 3 - A "stop" sign in lace of the } � " P" g P "yield" on Central at Laurel . 9 - A 25 MPH speed limit sign . Name (Print ) Address Si nature 4- Zot-e /a / / ✓� (� __ 1C U7 1, ✓. lul a rY i s /� 1 �, Ct �z -��va is r► Ln Trio w, eei i a-- Aze ---- ` , t�l5O- 2 �—► ?_T �11►— ln iii --� �L L �%-�• --- Iii - ` -`1 ---- Bois \�a,� i kin A• ly - C'A�1-t Kz �1 I(v� i�� 1 CY V 7 71 e - I ORDINANCE NO. AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE SECTION 18.62. 190 OF THE LAND USE ORDINANCE -- PHYSICAL AND ENVIRONMENTAL CONSTRAINTS CHAPTER, WITH RESPECT TO DEVELOPMENT STANDARDS FOR WILDFIRE LANDS. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 18. 62 , "Physical and Environmental Constraints" of the Ashland Municipal Code shall be amended, and section 18. 62.090, "Development Standards for Wildfire Lands" shall be replaced in its entirety and shall read as follows: 1118. 62 .090 Development Standards for Wildfire Lands. A. Requirements for Subdivisions, Performance Standards Developments, or Partitions. 1. A Fire Prevention and Control Plan shall be required with the submission of any application for an outline plan approval of a Performance Standards Development, preliminary plat of a subdivision, or application to partition land which contained areas designated Wildfire Hazard areas. 2 . The Staff Advisor shall forward the Fire Prevention and Control Plan to the Fire Chief within 3 days of the receipt of a completed application. The Fire Chief shall review the Fire Prevention and Control Plan, and submit a written report to the Staff Advisor no less than 7 days before the scheduled hearing. The Fire Chief's report shall be a part of the record of the Planning Action. 3 . The Fire Prevention and Control Plan shall include the following items: a) an analysis of, the fire hazards on the site from wildfire, as influenced by existing vegetation and topography, b) a map showing the areas that are to be cleared of dead, dying, or severely diseased vegetation, c) a map of the areas that are to be thinned to reduce the interlocking canopy of trees, d) a tree management plan showing the location of all trees that are to be preserved and removed on each lot. In the case of heavily forested parcels, only trees scheduled for removal shall be shown. e) the areas of Primary and Secondary Fuel Breaks that are required to be installed around each structure, as required 18. 62 . 090 B. f) roads and driveways sufficient for emergency vehicle access and fire suppression activities, including the slope of all roads and driveways within the Wildfire Lands area. 4. Criterion for Approval. The hearing authority shall approve the Fire Prevention and Control Plan when, in addition to the findings required by this chapter, the additional finding is made that the wildfire hazards present on the property have been reduced to a reasonable degree, balanced with the need to preserve and/or plant a sufficient number of trees and plants for erosion prevention, wildlife habitat, and aesthetics. 5. The hearing authority may require, through the imposition of conditions attached to the approval, the following requirements as deemed appropriate for the development of the property: a) delineation of areas of heavy vegetation to be thinned and a formal plan for such thinning; b) clearing of sufficient vegetation to reduce fuel load; c) removal of all dead and dying trees; d) relocation of structures and roads to reduce the risks of wildfire and improve the chances of successful fire suppression; 6. The Fire Prevention and Control Plan shall be implemented during the public improvements required of a subdivision_ or Performance Standards Development, and shall be considered part of the subdivider's obligations for land development. The Plan shall be implemented prior to the issuance of any building permit for structures to be located on lots created by partitions and for subdivisions or Performance Standards developments not requiring public improvements. The Fire Chief, or designee, shall inspect and approve the implementation of the Fire Prevention and Control Plan, and the Plan shall not be considered' fully implemented until the Fire Chief has given written notice to the Staff Advisor that the Plan was completed as approved by the hearing authority. 7 . In subdivisions or Performance Standards Developments, provisions for the maintenance of the Fire Prevention and Control Plan shall be included in the covenants, conditions and restrictions for the development, and the City of Ashland shall be named as a beneficiary of such covenants, restrictions, and conditions. 8. On lots created by partitions, the property owner shall be responsible for maintaining the property in accord with the requirements of the Fire Prevention and Control Plan approved by the g hearing authority. ry B. Requirements for construction of all structures. tl 1. All new construction and any construction expanding the size of an existing structure, shall have a "fuel break" as defined below. J 2 . A "fuel break" is defined as an area which is free of dead or M dying vegetation, and has native, fast-burning species sufficiently thinned so that there is no interlocking canopy of this type of vegetation. Where necessary for erosion control or aesthetic purposes, the fuel break may be planted in slow-burning species. Fuel breaks do not involve stripping the ground of all native vegetation. 3 . Primary Fuel Break - A primary fuel break will be installed, maintained and shall extend a minimum of 30 feet in all directions around structures, excluding fences, on the property. The goal within this area is to remove ground cover that will produce flame lengths in excess of one foot. Such a fuel break shall be increased by five feet for each .10% increase in slope over 10%. 4 . Secondary Fuel Break - A secondary fuel break will be installed, maintained and shall extend a minimum of 100 feet beyond the primary fuel break where surrounding landscape is owned and under the control of the property owner during construction. The goal of the secondary fuel break is to reduce fuels so that the overall intensity of any wildfire is reduced through fuels control. 5. All structures shall be constructed or re-roofed with Class B or better non-wood roofing materials, as determined by the Oregon r, Structural Specialty Code. All re-roofing of existing structures in the Wildfire Lands area shall be done under approval of a zoning permit. No structure shall be constructed or re-roofed with wooden shingles, shakes, wood-product material or other combustible roofing material, as defined in the City's building code. C. Fuel breaks in areas which are also Erosive or Slope Failure Lands shall be included in the erosion control measures outlined in Section 18. 62. 080. D. Implementation. 1. For land which have been subdivided and required to comply with A. (6) above, all requirements of the Plan shall be complied with prior to the commencement of construction with combustible materials. 2 . For all other structures, the vegetation control requirements of section (B) above shall be complied with before the commencement of construction with combustible materials on the lot. " 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 1991, and duly PASSED and ADOPTED this day of 1991. Nan E. Franklin City Recorder SIGNED and APPROVED this day of , 1991. Catherine M. Golden Mayor ORDINANCE NO. AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE -- LAND USE ORDINANCE -- WITH RESPECT TO CONDITIONAL USE PERMITS -- AMC 18. 104. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 18. 104 of the Ashland Municipal Code shall be amended and replaced in its entirety and shall read as follows: "Chapter 18. 104 CONDITIONAL USE PERMITS Sections: 18 . 104. 010 Conditional Use Permits Generally 18. 104. 020 Definitions 18. 104 . 030 Procedure 18. 104 . 040 Plan Requirements 18 . 104 . 050 Approval Criteria 18 . 104 . 060 Conditions 18 . 104 . 070 Revocation; Abandonment 18. 104 .010 Conditional Use Permits Generally. Certain uses are permitted in each zoning district only as conditional uses. This chapter provides substantive approval criteria by which applications for conditional use permits are to be evaluated and describes applicable procedures. No conditionally permitted use may be established, enlarged or altered unless the city first issues a conditional use permit in accordance with the provisions of this chapter. 18 . 104 . 020 Definitions. The, following are definitions for use in this chapter. A. "Impact Area" - That area which is immediately surrounding a use, and which may be impacted by it. All land which is within the applicable notice area for a use is included in the impact area. In addition, any lot beyond the notice area, if the hearing authority finds that it may be materially affected by the proposed use, is also included in the impact area. B. "Target Use" - The basic permitted use in the zone, as defined below. 1. WR (Woodland Residential) and RR (Rural Residential) zones: Residential use complying with all ordinance requirements, developed at the density permitted by Section 18.88. 040. 2. R-1 (Single Family Residential) zones: Residential use complying with all ordinance requirements, developed at the density permitted by Section 18. 88 . 040. 3 . R-2 and R-3 Zones: Residential use complying with all ordinance requirements, developed at the density permitted by the zone. 4 . C-1. The general retail commercial uses listed in 18. 32 . 020 B. , developed at an intensity of .35 gross floor to area ratio, complying with all ordinance requirements. 5. C-ID. The general retail commercial uses listed in 18. 32 . 020 B. , developed at an intensity of 1. 00 gross floor to area ratio, complying with all ordinance requirements. 6. E-1. The general office uses listed in 18. 40. 020 A. , developed at an intensity of .35 gross floor to area ratio, complying with all ordinance requirements. 7. M-1. The general light industrial uses listed in 18.40.020 E. , complying with all ordinance requirements. 8. SO. Educational uses at the college level, complying with all ordinance requirements. 18. 104. 030 Procedure. An application for a conditional use permit shall be submitted by the owner of the subject property or authorized agent on a form prescribed by the city and accompanied by the required filing fee. The application shall include a plan or drawing meeting the requirements of Section 18. 104. 040 and shall be processed as provided in Chapter 18. 108 of this Title. 18. 104 . 040 Plan Requirements. A. The plan or drawing accompanying the application shall include the following information: 1. Vicinity map. 2 . North arrow. 3 . Depiction and names of all streets abutting the subject property. 4 . Depiction of the subject property, including the dimensions of all lot lines. 5. Location and use of all buildings existing and proposed on the subject property and schematic architectural elevations of all proposed structures. 6. Location of all parking areas, parking spaces, and ingress, egress and traffic circulation for the .subject property. 7 . Schematic landscaping plan showing area and type of landscaping proposed. 8 . A topographic .map of the site showing contour intervals of five feet or less. 9. Approximate location of all existing natural features in areas which are planned to be disturbed, including, but not limited to, all existing trees of greater than six inch dbh, any natural drainage ways, ponds or wetlands, and any substantial outcroppings of rocks or boulders. B. An application for a conditional use permit may, but need not be, made concurrently with any required application for site design approval under Chapter 18.72. The provisions of paragraph (1) above are not intended to alter the detailed site plan requirements of Section 18.72 . 040 for site design approval. 18 . 104 . 050 Approval Criteria. A conditional use permit shall be granted if the approval authority finds that the proposed use i conforms, or can be made to- conform through the imposition of conditions, with the following approval criteria. _ A. That the use would be in conformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with relevant Comprehensive plan policies that are not implemented by any City, State, or Federal law or program. B. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. C. That the conditional use will have no greater adverse material effect on the livability of the impact area when compared to the development of the subject lot with the target use of the zone. When evaluating the effect of the proposed use on the impact area, the following factors of livability of the impact area shall be considered in relation to the target use of the zone: 1. Similarity in scale, bulk, and coverage. 2 . Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. 3. Architectural compatibility with the impact area. 4. Air quality, including the generation of dust, odors, or other environmental pollutants. 5. Generation of noise, light, and glare. 6. The development of- adjacent properties as envisioned in the Comprehensive Plan. 7 . Other factors found to be relevant by the Hearing Authority for review of the proposed use. 18. 104 . 060 Conditions. The conditions which the approval authority may impose include, but are not limited to the following: A. Regulation and limitation of uses. B. Special yards, spaces. C. Fences and walls. D. Dedications, including the present or future construction of streets and sidewalks and bonds for such construction or irrevocable consent improvement petitions for such improvements. E. Regulation of points of vehicular and pedestrian ingress and egress. F. Regulation of signs. G. Regulation of building materials, textures, colors and architectural features. H. Landscaping, including screening and buffering where necessary to increase compatibility with adjoining uses. I. Regulation of noise, vibration, dust, odors or similar nuisances. J. Regulation of hours of operation and the conduct of certain activities. K. The period of time within which the proposed use shall be developed. L. Duration of use. M. Preservation of natural vegetative growth and open space. N. Any condition permitted by Section 18.72, Site Design. O. Such other conditions as will make possible the development of the city in a orderly and efficient manner and in accordance with the provisions of this Title. 18 .104 . 070 Revocation; Abandonment. Unless a longer period is specifically allowed by the approval authority, any conditional use permit approved under this section, including any declared phase, shall be deemed revoked if the proposed use or phase is not developed within one year of the date of approval. If the permit requires site design approval under Chapter 18.72, the permit shall be deem revoked if the use or phase is not developed within one year of the date of site design approval. A conditional use is deemed void if discontinued or abandoned for a period of six consecutive months. " 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 1991, and duly PASSED and ADOPTED this day of 1991. Nan E. Franklin City Recorder SIGNED and APPROVED this day of 1991. Catherine M. Golden Mayor ORDINANCE NO. AN ORDINANCE DELETING SECTION 11: 28. 030 FROM THE ASHLAND MUNICIPAL CODE RELATIVE TO PARKING FINES. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 11.28.030 is hereby deleted from the Ashland Municipal Code. The foregoing ordinance was first read on the 19th day of November, 1991, and duly PASSED and ADOPTED this 3rd day of December, 1991. Nan E. Franklin City Recorder SIGNED and APPROVED this day of December, 1991. Catherine Golden Mayor h a ,i ORDINANCE NO. AN ORDINANCE ADDING A NEW CHAPTER 10.46 TO THE ASHLAND MUNICIPAL CODE RELATIVE TO UNAUTHORIZED CAMPING ON PUBLIC AND PRIVATE PROPERTY. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. A new Chapter 10.46 is hereby added to the Ashland Municipal Code and shall read as follows: "Chapter 10.46 PROHIBITED CAMPING sections: 10.46. 010 Definitions 10.46.020 Purpose 10.46. 030 Camping Prohibited 10.46. 010 Definitions. Unless the context requires otherwise, the following definitions apply: A. "To Camp" means to set up. or to remain in or at a campsite. B. "Campsite" means any place where bedding, sleeping bag, or other material used for bedding purposes, or any stove or fire is placed, established or maintained for the purpose of maintaining a temporary place to live; whether or not such place incorporates the use of any tent, lean-to, shack, or any other structure, or any vehicle or part thereof. 10. 46. 020 Purpose. From time to time persons establish campsites on sidewalks, public rights-of-way, under bridges, and so forth; and such persons, by such actions create unsafe and unsanitary living conditions which pose a threat to the peace, health, and safety of themselves and the community. The enactment of this provision is necessary to protect the peace and safety of the city and its inhabitants. l0 46. 030 Camping Prohibited. No person shall camp in or upon any sidewalk, street, alley, lane, public right-of-way, park or any other publicly-owned property or under any bridge or viaduct, unless otherwise specifically authorized by this code or by declaration of the Mayor in emergency circumstances. " The foregoing ordinance was first read on the 19th day of November, 1991, and duly PASSED and ADOPTED this day of December, 1991. Nan E. Franklin City Recorder SIGNED and APPROVED this day of December, 1991. J. Catherine Golden Mayor V Vt A ORDINANCE NO. AN ORDINANCE OF THE CITY OF ASHLAND AMENDING THE LAND- USE ORDINANCE RELATIVE TO ADEQUATE CAPACITY OF CITY FACILITIES. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 18.72 . 050 shall be amended by adding the following Subsection D to read as follows: 1118.72 . 050 D. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. " SECTION 2 . This Ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage and approval by the Mayor. The foregoing ordinance was first read on the day of , 1991, and duly PASSED and ADOPTED this day of , 1991. Nan E. Franklin City Recorder SIGNED and APPROVED this day of , 1991. Catherine Golden Mayor I BEFORE THE CITY COUNCIL FOR THE CITY OF ASHLAND JACKSON COUNTY, OREGON IN THE MATTER OF CONDITIONAL ) USE PERMIT AND SITE DESIGN ) REVIEW AUTHORIZATION FOR THE ) CONSTRUCTION OF A CONDOMINIUM) HOTEL OFFICE COMPLEX WHICH ) INCLUDES RETAIL COMMERCIAL ) FINDINGS OF FACT AND FOR PHYSICAL AND ENVIRON-) AND FINAL ORDER MENTAL CONSTRAINTS PERMIT ON ) LAND LOCATED ON WATER STREET ) IN THE CITY OF ASHLAND, OREGON) Lloyd Haines: Applicant ) I NATURE OF THE APPLICATIONS AND DESCRIPTION OF THE PROJECT Planning action 91-099 concerns the following land use applications: • A conditional use permit (CUP) application. Ashland Land Use Ordinance (ALUO) § 18.32.030 (E) and (F) list "hotels and motels, and "residential uses, subject to all the requirements of the R-3 district," as conditional uses. • An application for site design and architectural review under ALUO Chapter 18.72. • An application for physical and environmental constraints permit for portions of the project affected by the floodplain and riparian corridor of Ashland Creek ALUO Chapter 18.62. The subject property is 2.67 acres in size, and is situated near Ashland's downtown commercial core within the city limits and urban growth boundary. The property is defined by the following streets that in part border it: Water Street, Helman Street, Central Street, and "C" Street. The property is within a Retail Commercial (C-1) zoning district, and is designated for commercial use by the Ashland Comprehensive Plan, (ACP). The property is identified as Tax Lots 100 and 400 on Jackson County Assessor plat map 39-1E-9BB. The land is owned in fee simple by the applicant. FINAL ORDER Page 1 Planning Action 91-099 The development project is an integrated mixed-use condominium consisting of three components: residential/hotel, office, and retail. The residential/hotel is designed to function on a flexible design and ownership basis. The units may be owned outright by a single owner or by multiple owners on a "timeshare" basis. The individual units may also be rented overnight as visitor accommodations. The design of the units allows broad flexibility. As owner-occupied living spaces, as few as 45 units are possible. As overnight accommodations, as many as 106 "rooms" are possible. Off-street parking, located primarily under the buildings, is hidden and provided in amounts sufficient to accommodate the living units and total project without regard to how the living units function. The project's operational concept is intended to be similar to that found in the Oregon recreational communities of Sun River and Black Butte. The project's office and retail spaces are also intended to be divided as "air-space" condominium units, allowing business owners to also own their business property. The applicant anticipates that some of the office and retail spaces will be sold, and others will be leased or rented to business owners. The applicant's desire is to retain a maximum amount of flexibility in the way the interior spaces of the project are owned and used. The conditional use permit(CUP) sought will allow the desired flexibility. The residential/hotel has two planned conference/meeting rooms located off the lobby area, with limited kitchen facilities to serve them. The project has a planned pool and spa facilities that will be offered to the local public on a fee basis. II PROCEDURALBACKGROUND The applications were received by.the Ashland Planning Department("the Department") on June 7, 1991. The applications were not returned or otherwise deemed incomplete. Following public notice as required by the Ashland Land Use Ordinance (ALUO), Planning Action (PA) 91-099 was set for public hearing before the Ashland Planning Commission ("the Planning Commission") on July 9, 1991. During the public hearing all parties and interested persons were afforded an opportunity to present evidence and argument. Absent motions to continue the public hearing or to leave the record of the . public hearing open, both were closed. Following public testimony the Planning Commission deliberated on the evidence and rendered a unanimous decision to approve PA 91-099, instructing the Department to prepare findings of fact and Final Order. The Final Order was signed by the Chapman on August 13, 1991. On August 27, 1991 the Department received a letter from Carola Lacey ("the appellant")appealing the Planning Commission's decision on PA 91-099, (Exhibit 36). Following public notice as required by the ALUO, a public hearing was scheduled before the Ashland City Council ("the City Council') on October 1, 1991, to consider the appeal of PA 91-099. The public hearing was conducted as a de novo evidentiary hearing under ALUO § 18.108.070. During the public hearing all parties and interested persons were afforded an opportunity to present evidence and argument. Following public testimony the applicant requested that the record be left open for a period of seven days to enable him to submit written rebuttal. The motion was granted Rebuttal testimony of the applicant (Exhibit 68) was received by the Department on October 7, 1991. Written testimony was also submitted by other parties and interested persons FINAL ORDER Page 2 Planning Action 91-099 following the public hearing. On October 15, 1991 the City Council deliberated on the evidence and by a majority vote acted to deny the appeal and uphold the decision of the Planning.Commission to conditionally approve PA 91-099. III EXHIBITS The following constitutes the complete and entire record of PA 91- 099 that was before the City Council as of October 15, 1991: Exhibit 1 Applicant's Proposed Findings of Fact. Exhibit 2 Applicant's Site Plan and Architectural Plans. Exhibit 3 Assessor Plat Map(39-1 E-9BB). Exhibit 4 Comprehensive Plan Map of area,submitted by applicant. Exhibit 5 Zoning Map of Area,submitted by applicant. Exhibit 6 Topographic Survey Map by Hoffbuhr&Associates, Inc. Exhibit 7 Board of Architectural/Construction Material Samples. Exhibit 6 Photographs of Neighborhood and Key Map. Exhibit 9 Landscape Plans(2 sheets). Exhibit 10 Memorandum from terry Lofrano regarding building height. Exhibit 11 Ashland Transportation Plan Map of Area,submitted by applicant. Exhibit 12 City of Ashland Topographic Map. Exhibit 13 City of Ashland AutoCad Floodplain Corridor and Topography Map. Exhibit 14 Ashland Vacant Commercial and Industrial Land Inventory. Exhibit 15 Traffic Study prepared by Kittleson&Associates,Inc. Exhibit 16 None. Exhibit 17 Signed Application Form. Exhibit 1a AutoCad Floodplain Map with structure and flacdplain locations and topography. Exhibit 19 Building Height determination materials from Terry Lofrano,AIA. Exhibit 20 Affidavit of Notice 6/19/91. Exhbit 21 Notice of Planning Commission Hearing w/criteria. Exhbft 22 Letter from Don Rist,Jack Latvala,Mary Pat Smith. Exhibft23 Letter from Ken Silverman. FINAL ORDER Page 3 Planning Action 91-099 t Exhibit 24 Letter from Richard J.Hansen. Exhibit 25 Letter from Michael J. Pierce. Exhibit 26 Letter from Jim Bourgue. Exhibit 27 Letter from Joann Johns. Exhibit 28 Letter from Nancy Kilheim. Exhibit 29 Letter from Beasy McMillan. Exhibit 30 Topographic Map-City of Ashland. Exhibit 31 Planning Department Staff Report 7/9/91. p, Exhibit 32 Minutes of Planning Commission 7/9/91. Exhibit 33 Approval Letter and Planning Commission findings of approval. i, Exhibit 34 Affidavit of Mailed findings for approval by Planning Commission 8/16/91. Exhibit 35 Letter from Carola Lacey to City Council 9/23/91. Exhibit 36 Appeal letter from Carola Lacey dated 8/27/91. + Exhibit 37 Notice of Public Hearing and applicable criteria. 4 Exhibit 38 Map of project area submitted by Carole Lacey(green posterboard). Exhibit 39 Statement of CUP criteria submitted by Carols Lacey(white posterboard). Exhibit 40 Roll of paper cars submitted by Carole Lacey. Exhibit 41 Statement of Concerns from Informational Meetings. Exhibit 42 Early lithograph of Ashland,from Ashland Comprehensive Plan. Exhibit 43 Resolution Objecting to Haines'Proposal(petition of 31 pages). Exhibit 44 Letter from Joan D.Drager. Exhibit 45 Document titled"Appeal of Haines Proposal"submitted by Carole Lacey. Exhibit 46 Letter from John Clolnysky. Exhibit 47 Letter from Barbara Allen. Exhbft 48 Letter from Valrie Lambert. Exhbh49 Letter from Carol Mirassou. Exhibit 50 Letter from Michael Donovan. Exhibit 51 Letter from Michael Donnelly. Exhibit 52 Letter from Jim F.Bourgue. FINAL ORDER Page 4 Planning Action 91-099 I Exhibit 53 Letter from Alan Kaufman. Exhibit 54 Letter from Donna Andrews. Exhibit 55 Letter from Steve Jannusch. Exhibit 56 Letter from Dee Shelby and Terry Adams. Exhibit 57 Letter from Debra Barchard. Exhibit 58 Petition from Ali Ross and 9 others. Exhibit 59 Letter from Harry A.Skerry, Exhibit 60 Letter from Michael D.Rydbom. Exhibit 61 Letter from Reid Burns. Exhibit 62 Letter from Judy Howard. Exhibit 63 None. Exhibit 64 Letter from Joseph Travisano. Exhibit 65 Letterfrom Ronald E.Roth. Exhibit 66 Letter from Richard Ernst. Exhibit 67 Letter from Carola Lacey 10/8/91. Exhibit 68 Applicant's Rebuttal Document. Exhibit 69 Minutes of City Council Meeting 10/1/91. Exhibit 70 Minutes of City Council Meeting 10/15/91 IV SUBSTANTIVE APPROVAL CRITERIA The City Council has determined that the applicable substantive criteria that apply and are prerequisite to granting approval of the three land use applications that comprise PA 91-099 are: • The criteria for granting conditional use permits are in ALUO § 18.104.040. • The criteria for granting site review permits are in ALUO § 18.72.050. • The criteria for granting physical and environmental constraint permits are in ALUO § 18.62.040(E). The individual approval criteria are recited verbatim in Sections V, VI and VII herein. FINAL ORDER Page 5 Planning Action 91-099 V ALUO CHAPTER 18.104; CONDITIONAL USE PERMIT FINDINGS OF FACT AND CONCLUSIONS OF LAW Applicable Standard or Criterion ALUO § 18.104.040: A CONDITIONAL USE PERMIT SHALL BE GRANTED IF THE APPROVAL AUTHORITY FINDS THAT THE PROPOSAL CONFORMS WITH THE FOLLOWING GENERAL CRITERIA: ALUO § 18.104.040(A). THE PROPOSAL IS IN CONFORMANCE WITH THE COMPREHENSIVE PLAN. Past decisions have established that ALUO § 18.104.040(A),requiring a conditional use permit application to conform to the city's comprehensive land use plan, does not automatically transform all goals and policies into decisional criteria. Benjamin v. City of Ashland,_ Or LUBA — )LUBA No. 90- 065, November 13, 1990). In order to be considered as approval criteria, the language of the goals and policies, and the o- context in which the language is used, must indicate that the city intended the goals and policies to constitute approval criteria. The City Council has carefully reviewed the comprehensive plan and concludes that the following provisions may appropriately be considered as approval criteria: POLICY X11-1:THE CITY SHALL STRIVE TO MAINTAIN AT LEAST A 5-YEAR SUPPLY OF LAND FOR ANY PARTICULAR NEED IN THE CITY LIMITS. THE 5-YEAR SUPPLY SHALL BE DETERMINED BY THE RATE OF CONSUMPTION NECESSITATED IN THE PROJECTIONS MADE IN THIS COMPREHENSIVE PLAN. Findings of Fact After considering all of the evidence, testimony and argument received into the record, the City Council reaches the following conclusions of fact, and finds them to be true with respect to the application. Where conflicts arose, the City Council has resolved them as follows: 1. In Murphy v. City of Ashland, _ Or LUBA _ (LUBA No. 89-123, May 16, 1990), LUBA held that ACP Policy XH-1 is a decisional criterion because the policy is implemented by the plan itself. 2. In July 1990, the Ashland Planning Department published a study entitled: Vacant Commercial and Industrial Lands in Ashland. The Maps and Inventory Report were published February 26, 1991. The inventory, (Exhibit 14)contains an explanation of the methodology used to inventory "vacant" land, and presents the inventory results, which are that 30.42 acres of vacant land zoned Retail Commercial(C-1)presently exist within the corporate limits of Ashland. 3. The ACP projects that a total of 98 acres of commercial land would be needed over the City's 20-year planning period A five year supply is equal to 25% of 98 acres, or approximately 25 acres. The subject property is 2.67 acres. FINAL ORDER Page 6 Planning Action 91-099 4. Following consumption of the subject property by the proposed project, the City will have remaining 27.75 vacant acres, (30.42- 2.67 =27.75). Conclusions of Law The City Council finds and concludes that following consumption of the subject property, the City will have more than a five year supply of vacant land zoned for commercial use. The availability of a five year land supply evidences that the City has strived to maintain a sufficient land supply consistent with the requirements of ACP Policy XII-1. Applicable Standard or Criterion ALUO § 18.104.040(B). THE LOCATION, SIZE, DESIGN AND OPERATING CHARACTERISTICS OF THE PROPOSED DEVELOPMENT ARE SUCH THAT THE DEVELOPMENT WILL BE REASONABLY COMPATIBLE WITH AND HAVE MINIMAL IMPACT ON THE LIVABILITY AND APPROPRIATE DEVELOPMENT OF ABUTTING PROPERTIES AND THE SURROUNDING NEIGHBORHOOD. ALUO§ 18.104.040(C).IN DETERMINING THE ABOVE, CONSIDERATION SHALL BE GIVEN TO THE FOLLOWING: (1)HARMONY IN SCALE, BULK, COVERAGE AND DENSITY (2)THE AVAILABILITY AND CAPACITY OF PUBLIC FACILITIES AND UTILITIES. (3) THE GENERATION OF TRAFFIC AND THE CAPACITY OF SURROUNDING STREETS. (4) PUBLIC SAFETY AND PROTECTION. (5) ARCHITECTURAL AND AESTHETIC COMPATIBILITY WITH THE SURROUNDING AREA. Findings of Fact After considering all of the evidence, testimony and argument received into the record, the City Council reaches the following conclusions of fact, and finds them to be true with respect to the application. Where conflicts arose, the City Council has resolved them as follows: 1. Surrounding Neighborhood and Area Location and Description. The applicant testified in Exhibit 1 that the "neighborhood" consists of: The surrounding area bordered by the "C" Street viaduct on the south, Van Ness Street to the north, and to the east and west, the land and uses that front upon Helman and Water Streets between "C" Street and Van Ness. The applicant also testified that the southerly portions of the neighborhood,where the subject property is located,is also influenced by the downtown area and its fringe, including the large single family dwellings located on the south side of North Main Street west of its intersection with Heiman. The City Council finds and concludes that the boundaries of the neighborhood as described above are credible, appropriate and undisputed, and the City Council adopts the above definition to be the boundaries of the "surrounding neighborhood" and "surrounding area" the terms are as FINAL ORDER Page 7 Planning Action 91-099 used in ALUO § 18.104.040(B) and 18.104.040(C)(5). 2. Neighborhood Qualities and Characteristics. The qualities of the area's livability are characterized as follows: Convenient Location: The neighborhood is located on the fringe of the downtown, within one block from the central downtown plaza. There are numerous restaurants and retail shopping outlets within the downtown area. Also in the downtown within four or fewer blocks from the "surrounding neighborhood," there exists the Oregon Shakespeare Festival, consisting of three individual theatres, other performing arts companies, and a multiple screen movie theater. The neighborhood is also located nearly adjacent to Bluebird Park, a small neighborhood park, and within 800 feet of Lithia Park, a large community park consisting of more than 100 acres. The adjacent downtown area is itself an interesting destination for tourists and an enjoyable place for local residents to spend leisure time. Access to downtown and its uses and activities from the surrounding neighborhood" can be easily accomplished by foot or bicycle. The downtown is also served by public transportation linking Ashland with Medford and other cities in the Bear Creek Valley. Existing sidewalks in the "surrounding neighborhood" presently connect with sidewalks in the downtown that provide access to all of the above described downtown uses and activities. The above evidence.was undisputed, and the City Council finds it credible and adopts it as fact. Mixed Uses and Zoning: The neighborhood is regulated by three zoning districts: High Density Multiple Family Residential (R-3), Employment (E-1), and Retail Commercial (C-1), (Exhibit 5). Within the different zones in the neighborhood there are single family residences, a hotel/restaurant, a bed and breakfast country inn, public parking, a veterinary clinic, light manufacturing (Pyramid Juice Bar Co. and Western Oil and Burner), public utility buildings, outdoor pipe and equipment storage, (Exhibit 8). The mixed uses appear to function compatibly in their present environment. The above evidence was undisputed, and the City Council finds it credible and adopts it as fact. Noise : The neighborhood is reasonably quiet even though it exists in near proximity to the "C" Street viaduct; the viaduct is a segment of Oregon Highway 99 a two-lane, one way major arterial street within the City of Ashland. The viaduct carries large volumes of traffic that produces considerable traffic related noise. Some noise is also produced on property occupied by Western Oil and Burner Company, located at the northwest corer of Water Street and Central Street. The above evidence was undisputed, and the City Council finds it credible and adopts it as fact. Traffic: The neighborhood has relatively low volumes of traffic on its surrounding streets, with the exception of the "C" Street viaduct. Additional facts concerning existing levels of traffic and new traffic that will be produced by the project is covered later. Pace: The neighborhood, even with its commercial and light manufacturing uses, gives the appearance of having a slower pace than that which occurs in the nearby downtown area. FINAL ORDER . Page 8 Planning Action 91-099 9 Architectural Style: The mixed but compatible architectural style of buildings in the neighborhood is a measure of its livability. The most consistent architectural style is the "craftsman" style of the single family homes in the neighborhood The "craftsman" style is characterized by gently pitched roofs with broad overhangs at both the gable and eaves,ridge boards often extending beyond the edge of the roof are supported by straight brackets. Homes in the "craftsman" style may be one, one and one- half, or two story construction. Simple "stickwork" is frequently used for railings and columns. Often a lower gable roof covers an open or partially enclosed porch. "Craftsman" style siding is typically wood siding or shingles. Windows are typically double hung sash without shutters. Doors are normally five panel although four and six panels were sometimes used in the traditional style. Little or no non-functional architectural embellishments are added to homes in the "craftsman" style. The "craftsman" style bungalow was developed as a simple, inexpensive and functional house in contrast to earlier houses where servants were prevalent The above evidence was undisputed, and the City Council finds it credible and adopts it as fact. Building Heights and Development Intensity: The height of buildings in the neighborhood vary considerably. Most, but not all buildings have a height lower than those in the project; the single family dwellings and most other uses are lower in height; Bards Inn, a 62 unit motel consisting of separate 2 and 3 story buildings, has a height comparable to the height of the subject buildings. The development intensity of the neighborhood is greatest at its south and north ends. The south end of the neighborhood presently becomes most intense by the influence of Bard's Inn. The north end's intensity owes primarily to the light manufacturing uses which occur on that end In between, the neighborhood is characterized by single family dwellings, the veterinary clinic and pet grooming establishment located within a concrete block commercial building, and country inn consisting of multiple rooms. The above evidence was undisputed, and the City Council finds it credible and adopts it as fact. Views: The views onto and beyond the property are varied The views and the affect of the project upon them are described later. Generally, the views of buildings in the neighborhood are oriented toward the streets on which they front. Views are often obscured by overhead power lines. The above evidence was undisputed, and the City Council finds it credible and adopts it as fact. 3. Surrounding Architectural Styles. The following evidence was undisputed, and the City Council finds it credible and adopts it as fact. Residential: Existing residential structures are a mixture of one and two-story "craftsman" style construction, with hip and gable style composition roofs, and painted wood siding. Front yard areas are generally shallow and well kept In most cases, dwellings are set back less than twenty feet from the rights-of-way of adjoining city streets. Commercial: Commercial structures in the area are a combination of one, two, and three story construction. The architectural styles of commercial buildings range from "craftsman", in the case of Bard's Inn, to modern/contemporary in the case of the veterinary clinic. Some buildings in the area are of metal and concrete block construction as shown by the Exhibit 8 photographs. The subject property FINAL ORDER Page 9 Planning Action 91-099. is also near the downtown core area of the City. Buildings in the downtown are of an entirely different style, height, and bulk than residential and commercial strucmms in the subject neighborhood. Individual commercial buildings in the downtown area are connected and separated only at blocks; downtown building groups are substantially greater in height, scale, bulk, and coverage than that of the subject project, including the Mark Anthony hotel having a height of more than twice that of the subject buildings and any other buildings in the downtown area. 4. Abutting Land Uses. The only "abutting" uses are a municipal parking lot and private parking lot used by Bard's Inn (Jonathan's restaurant), located on Tax Lots 200, 300, and 500 of the Exhibit 3 assessor's map. In all other instances, the property is separated from other structures and uses by the four streets that surround the subject property. Refer to Exhibit 8 photographs and key map. 5. Land Uses Across Streets. Uses directly across the four streets that adjoin the subject property are as follows: West Across Heiman Street: Bard's Inn and its restaurant, Jonathan's, a two-story building situated on elevated terrain, and single family residences. Bard's Inn along Heiman Street is a two-story structure having 36 rooms that have a direct orientation to Helman; another 8 rooms have an indirect orientation to Helman. Refer to Exhibit 8 photographs. North Across Central Street: A modem, flat- roofed, veterinary clinic and pet grooming establishment, parking, vacant land, and metal building housing Western Oil and Burner, a light manufacturing use involved in fabricating boilers. Refer to Exhibit 8 photographs. East Across Water Street: Waterside Inn, a country inn featuring multiple rooms within older two-story construction, a municipal parking lot, public utility building of concrete block construction owned by CP National, and vacant land situated along Water Street. Refer to Exhibit 8 photographs. South Across "C" Street and Viaduct: The Bard's Inn three-story addition with 18 rooms in the "craftsman" style, large historic "Queen Ann" and "craftsman" style single family dwellings on elevated terrain. The dwellings have a combination of hip and gable roofs with wood shingles, concrete shingles, and composition shingles. Downtown multi-story retail and commercial buildings and uses are located further south and southeast. Refer to Exhibit 8 photographs. The above evidence was undisputed, and the City Council finds it credible and adopts it as fact. 6. Topography of Subject Property. The subject property is situated at or in some instances substantially below the grade of the surrounding streets. Refer to the Exhibit 6, 12 and 13 topographic survey maps, and Exhibit 8 photographs. The above fact was undisputed and the Council adopts it as fact 7. Architectural Style and Construction Materials for the Project. The architectural style of the project is "craftsman." Construction material samples were provided at Exhibit 7. The materials are similar to those used for single family "craftsman" style FINAL ORDER Page 10 Planning Action 91-099 dwellings in the neighborhood to the northwest, west, and southwest. Construction materials consist predominantly of composition shingles on a gable roof, and wood frame construction with painted Masonite siding to give the appearance of painted wood lap siding. Windows in the hotel/residential buildings will be predominantly operable to permit climate control without the use of energy-using equipment. The above evidence was undisputed, and the City Council finds it credible, adopts it as fact and concludes that it represents the true intentions of the applicant. 8. Roof Pitches. The roof pitch on nearby surrounding buildings varies. Some roofs are flat. Pitched residential roofs have slopes ranging between 3:12 and 7:12. The roof pitch for most buildings in the project is 4:12. The roof of the pavilion building adjacent to the viaduct has a steeper pitch. The steeper pitch blends with the lower pitch of the connecting buildings. The above evidence was undisputed, and the City Council finds it credible and adopts it as fact. 9.Operating Characteristics. The mixed use project will have the following operating characteristics: Office Space: Offices will be used in a manner typical of general business offices. Occupancy will be primarily during normal business hours. The volume of traffic produced by office space is estimated later. Retail Commercial Space: Space in the project devoted to retail commercial uses will operate in a manner typical of retail shopping uses and activities. Occupancy will be primarily during normal business hours, plus Saturday and possible Sunday occupancy. The rate and volume of traffic expected from the general retail uses are estimated later. Office and retail parking is generally located outside on the northwest portion of the property. The applicant testified in Exhibit 1 that most retail shopping will be by pedestrians already within the downtown area. The City Council finds that the above is an undisputed fact. Residential/Hotek Residential/hotel uses will operate as a hybrid combination of the two uses. Units occupied all of the time by their "time-share" owners will ' operate similar to any multiple family residential occupancy. When the units are occupied by overnight guests, the use will function and operate more like a conventional hotel/motel. The applicant testified in Exhibit 1 that housekeeping services will be available for all living units regardless of their occupancy to further reinforce the hotel flavor of the project. Parking for the residential/hotel units, manager and staff of six is accommodated internally within the buildings, (Exhibit 2 Site and Architectural Plans). The applicant and others testified that permanent residents and guests will limit much of their travel to walking given the proximity to the downtown area and good connecting pedestrian facilities. The City Council finds the above evidence credible and adopts it as fact. *The retail and office uses are in the building nearest the "C Street viaduct. 10. Off-street Parking. The project has 125 off-street parking stalls, equivalent to the amount required by the ALUO Chapter 18.92, based on the mixed occupancy and "hotel" use of the project. All of the adjoining streets, except the "C" Street viaduct, have curb-side parallel parking. The City is presently considering, but has not yet adopted, a program to offer "parking credits" for uses that have adjacent on-street. No credit for on-street parking is sought by the applicant or required for the project to meet FINAL ORDER Page 11 Planning Action 91-099 the parking requirements of ALUO Chapter 18.92.. The City Council adopts the above as fact. 11. Project Scale, Bulk, Coverage and Density. The connected structures together form a larger mass of buildings than any other structure in the surrounding neighborhood. The individual structures are broken up but connected to one another by covered walkways. Each individual structure has a size similar to some of the larger buildings in the surrounding neighborhood Groups of individually owned but connected buildings in the nearby downtown area form a greater building mass than the subject project. The project buildings cover 35,837 square feet,equal to 30% of the site. The ALUO does not prescribe a maximum building coverage for the subject C-1 zone, or adjacent C-1-D, E-1, or M-1 zones, however actual coverage can norexceed 85% since 15% of any site is required to be devoted to landscaping. The adjacent R-3 zone has a maximum lot coverage of 75%. Density is a measure of the number of living units per acre. In this instance, density is not an appropriate method to compare nearby residential uses because the entire project is not "residential." However, for aspects of the project that have a "residential" character, the density for 106 inn rooms on 2.67 acres is +/-40 units per acre. The higher density can be provided while still meeting all physical requirements of the C-1 zone because most off-street parking is provided internally within the buildings. The hotel units are substantially smaller than residential housing units found in the surrounding area. The above evidence was undisputed, and the City Council finds it credible and adopts it as fact. a 12. Building Height. The buildings in the project observe the 40 feet height limitation of the C-1 zone, [ALUO § 18.32.040(B)]. Refer to Exhibits 10 and, evidence from the applicant's architect interpreting the City's height regulations to the project. The buildings in the project "step down" the slope of the property; at the street grade of Helman Street, the highest point on the property, subject buildings achieve a height consistent with the height of the Bard's Inn buildings located across the street. The subject buildings are somewhat higher in appearance from the Water Street side because this is the lowest point on the property. On the Water Street side the tallest buildings are set back the greatest distance from the street. Refer to the Exhibit 2 building elevations, Exhibit 8 photographs, and Exhibit 19, a precise building height determination provided by Architect Lofrano. The above evidence was undisputed, and the City Council finds it credible and adopts it as fact. 13. Views. A good sense of the existing views can be gained by an examination of the Exhibit 2 plans, and Exhibit 8 photographs. The project affects the views of other properties in the surrounding neighborhood as follows: Heiman Street: Views from the higher elevation Bard's Inn will be minimally altered by the project. Views from the two single family residences located on the west side of Heiman Street and south of Central Street are views of the subject property itself, and the sky above and beyond the property. Properties situated along the west side of Heiman north of the subject property will have their oblique views affected either minimally or not at all. Water Street: Views from the nearby Waterside Inn will be minimally affected by project buildings. Their primary view orientation is to the creek that runs behind the inn,rather than to the street which faces the subject property. Central Street: Views from the veterinarian clinic will be blocked somewhat by FINAL ORDER Page 12 Planning Action 91-099 I project buildings. The clinic has no view orientation toward the subject property or the landscape beyond. "C" Street Viaduct: Views of the subject property from the viaduct will be somewhat blocked by the pavilion building. Views of the landscape beyond the property will be affected either minimally or not at all. The above evidence was undisputed, and the City Council finds it credible and adopts it as fact. 14. Surrounding Streets and Traffic. The streets listed below surround and serve the subject property. A copy of the Ashland Transportation Plan is included at Exhibit 11. Traffic counts taken at various locations by the Ashland Public Works Department and Oregon State Highway Division, the functional classification of the streets (arterial, collector,etc.),and the present level of street construction follows: Heiman Street: Heiman is a designated collector street having a 60 feet wide right-of-way. Traffic counts are as follows: 1,890 vehicles per day 100 feet north of North Main Street (1985); 1,717 vehicles per day 50 feet south of Van Ness Street (1989). Heiman has an improved section measuring 30 feet from curb-to-curb. Concrete curbs, gutters, and sidewalks are on both sides of Heiman fronting and extending beyond the property. The sidewalks connect the surrounding neighborhood to Ashland's downtown area. Water Street: Water Street is a lower order local access street having a 40 feet wide right-of-way. No traffic counts are available, but traffic levels are very low as testified to by Craig Stone, consulting urban planner in Exhibit 1, and by Kittleson &Associates in Exhibit 15. Based on the types of uses on Water Street, and its short distance, the applicant's consulting urban planner testified that the street carries less than 800 vehicles per day. Water Street is improved with paving to a width that varies from 16 to 32 feet between Van Ness and North Main Street. Concrete curbs and gutters generally exist on both sides of the street. Presently there are no sidewalks along the frontage of the property or across the street. The City will require Water Street to be improved to full City standards as part of a local improvement district(LID) as a condition of approval, (Condition 1). A part of the project will require widening the bridge crossing Ashland Creek on Water Street. The applicant stipulated in Exhibit 1 to financial participation in the improvements. The applicant testified in Exhibit 1,that he intends to construct a walkway along the north side of the creek to serve as a public sidewalk. The creek-side walkway connects to the existing bridge across Ashland Creek, and from there to the City parking area and the existing adjacent public sidewalks. On the other end, the walkway will connect to a conventional street-side sidewalk to be constructed along Water Street as part of its future improvements through the LID. The applicant intends the creek-side walkway to replace any need for a sidewalk along that portion of Water Street to which it is generally parallel. The Exhibit 2 Site and Architectural Plans accurately depict the applicant's intentions for sidewalk and walkway locations. Central Street: Central Street is a lower order local access street having a 60 feet wide right-0f--way that extends through to Water Street The only available traffic count indicates 160 vehicles per day 100 feet east of Laurel Street in 1989, a point roughly 500 feet west of the subject property. Central Sweet is improved with FINAL ORDER Page 13 Planning Action 91-099 paving to a width of 30 feet from curb-to-curb. Concrete curbs and gutters exist along the improved segment of Central adjacent to the subject property. Curbs, gutters, and sidewalks exist on the opposite side of the street. Approximately one-third of Central Street east of its present terminus between Heiman and Water Streets is presently unbuilt. If the City at a later date decides to open Central Street, it shall be constructed to full City standards as a condition of the approval, (Condition 2). The applicant has stipulated to the improvements in Exhibit 1. Sidewalks along the Central Street frontage of the property will be a part of the improvements. The sidewalks will connect the project to the downtown area. "C" Street Viaduct: "C" Street along the property frontage is a designated arterial street that is part of the state highway system. The street has a 60 feet wide right-of-way. The viaduct carries only northbound traffic in two lanes adjacent to the site. A traffic count of 12,700 vehicles per day was taken 1/100 mile north of Oak Street in 1989. "C" Street is improved to a curb-to- curb width of 44 feet. It has concrete curbs, gutters, and 6.5 feet wide sidewalks located on either side of the street. Existing sidewalks on the viaduct connect to those along Helman Street. The above evidence was undisputed, and the City Council finds it credible and adopts it as fact. 15. Access into the Site. Vehicular access into the site is from two driveways off Water Street serving parking enclosed within the buildings, and one driveway off Central near Helman serving the outdoor parking areas. Refer to Exhibit 2. 16. Traffic Generation. The applicant's agent, Craig Stone, testified in Exhibit 1 that, according to the source reference, Trip Generation, by the Institute of Transportation Engineers, 4th Edition, the subject uses will generate traffic at the following rates and volumes: Use Trip Generation Rate Units/SF ADT' Hotel 10.189/occupied room 106 1,080 Office Space 24.39/1000 SF 1,998 SF 49 Retail 40.675/1000 SF 4,500 SF 183 Total 1,312 Table Notes: (1)ADT=Average Daily Vehicle Trips. (2)Traffic volumes from Trip Generation were estimated under the following categories: Motel (Code 320), Office Space (Code 710), Retail (Code 814). The table indicates average weekday traffic generated by the uses. Weekday traffic produces the highest peak traffic volumes. The Traffic Study prepared by Kittleson & Associates, Inc. (Exhibit 15) on page 11 determined that the project would produce 1,336 average daily vehicle trips, and 96 vehicle trips during the "peak hour." The study is based on a"worst case scenario." The City Council finds that the above traffic information is undisputed, accurate, and credible, and adopts it as fact. 17.Traffic Impacts. Three types of streets carry traffic to the property. The streets are either adjacent to or will serve the site. The streets are: The "C" street viaduct, an FINAL ORDER 14 Page g Planning Action 91-099 i arterial street; Helman Street, a collector, and, Water and Central Streets, both local access streets. The Exhibit 15 Traffic Study prepared by registered transportation engineers, (Mttleson & Associates, Inc.), analyzes traffic during the afternoon peak period. Traffic counts were taken during Ashland's tourist season while the Oregon Shakespeare Festival's Elizabethan Theatre was operating. The "afternoon peak" is the time of day when the most vehicles during any given hour travel City streets. As stated in Exhibit 15: "If intersections can operate efficiently,the street segments associated with the intersections can be expected to even more operate efficiently." Exhibit 15 projected a "worst case" scenario with respect to project occupancies; the report assumes that 106 rooms will be used for overnight accommodations. The traffic impacts analyzed also include those produced by retail and office uses. The report states that it has overestimated the magnitude of impacts the project will actually produce. The above evidence was undisputed, and the City Council finds it credible and adopts it as fact. Conclusions of the Exhibit 15 Traffic Study (Pages 16-18) are: "Based on a review of the circulation system and land use distribution in the vicinity of Oak Street and B Streets, it is assumed that traffic volumes on both of these streets is of the same order of magnitude as the traffic on Water Street, Heiman Street and Central Avenue." "As shown for the other intersections in the vicinity, the addition of 25 vehicles of site generated traffic during the afternoon peak hour will not create a significant impact on street or intersection operations." "The majority of the 25 vehicles referenced above are related to the overnight lodging of the condominium development. Overnight lodgers would not necessarily be aware of the opportunity to use Oak Street and B Street. Therefore, 25 vehicles may over state the amount of traffic that may use these two streets." "Vehicles accessing the site via the Central Avenue driveway may still find C Street to Heiman Street to Central Street to the driveway as being faster than C Street to Oak Street to B Street to Water Street to Central Street using the driveway. Again, 25 vehicles may be overstating the amount of traffic using the Oak Street route." "Based on a comparison of existing conditions to those after project development, it is our opinion that conditions are nearly identical, and that no significant volumes of traffic will be distributed on local streets." 'Intersection levels-of-service' (LOS) 'do not change with the addition of site generated traffic and no traffic mitigation measures are required." "We have analyzed the traffic impacts in relation to the City of Ashland's criteria in Subsections 18.104.040(8) and(C) of their land development ordinance. Our opinion is that the project will not generate peak hour or total cumulative traffic at levels that produce impacts to the surrounding neighborhood that is greater than minimal given the location, size, design and operating characteristics of the development. Based on our analysis, it is also our opinion that peak hour and total traffic produced by the development will not result in the project being FINAL ORDER Page 15 Planning Action 91-099 incompatible with the surrounding neighborhood. From a traffic generation perspective, we conclude that the project will be compatible. In comparison to other potential uses that are permitted outright in the CI zone, the subject use will produce far less traffic and be substantially more compatible." In addition, the Exhibit 15 Traffic Study (Page 16) examined the potential traffic impact that could be produced if the property were used for a retail shopping center, a permitted use that does not require a conditional use permit. The Traffic Study found that a shopping center would produce on the order of four to five times the volume of traffic produced by the subject use. Kittleson & Associates qualifications as experts in the field of traffic analysis was undisputed, and the City Council concludes that they are experts. We find this evidence to be undisputed, substantial, and credible, and adopt the information as fact. 18. Sanitary Sewer Service. There is a 10-inch sewer line in Water Street, and 6-inch sewer line in Helman Street. The Ashland Public Works Department found that the lines are of adequate size and condition to serve the project. During the public hearing, Ashland's Public Works Director, Steven Hall, testified unequivocally that the condition and capacity of municipal sewer collection and treatment facilities are adequate to accommodate the proposed project. The testimony of the public works director was based upon the conclusions contained in two adopted sewerage facility plans: Raft Program Plan for lmnrovemen s to the wastewater Treatment Pl nt Dis r, rgc into Bear k (1989), and Seweragg Study for the City of Ashland, (1986). The above evidence was undisputed, and the City Council finds it to be factual and true. 19. Water Service. Four-inch cast iron water mains are in Helman and Water Streets. An 8-inch cast iron water main intersects the 4-inch main at the intersection of Water and Spring Streets. The Ashland Public Works Department has advised the applicant that water system improvements in the area are needed to support the project. The needed improvements are covered by conditions of approval, (Condition 3). The applicant stipulated to the recommended improvements. During the public hearing, Ashland Public Works Director Hall testified unequivocally that the condition and capacity of municipal water treatment, storage, and distribution facilities, and water pressure are adequate to accommodate the proposed project in consideration of the conditions that were to be and are attached to the approval, (Conditions 3 and 23). The approval conditions were based on a careful examination by municipal departments of the project's anticipated requirements. The testimony of the public works director is based upon the conclusions contained in the adopted sewerage facility plan, entitled: City of Ashland Water Supply Rep=by R.W. Beck and Associates, (1989). The above evidence was undisputed,and the City Council finds it to be factual and true. Some areas in Ashland have public facility limitations, and these areas are under localized moratoria. The subject property is not within an area subject to any moratorium. If a community-wide public facility limitation existed, which the City Council does not concede, a moratorium could be declared under ORS § 197.520. The City has not declared a community-wide moratorium because of a public facility shortage or for any other purpose. The City has augmented its water supply with water from the Talent Irrigation District(M) since the 1970's. 20. Storm Drainage. The property drains naturally to Ashland Creek. The applicant testified in Exhibit 1 that the project will include an underground storm drainage system . FINAL ORDER Page 16 Planning Action 91-099 Y having a direct discharge into Ashland Creek. The project has 40,821 square feet of total impervious surface area, (36% of the site). New impervious surfaces will increase the speed and volume of storm runoff. Any development creates new impervious surfaces. Storm drainage discharges will be required to meet Oregon water quality standards. Direct discharge into the adjacent creek is consistent with the following adopted plan: City of Ashland Master Drainage Plan, (1985). The above evidence was undisputed and adopts it as fact. 21. Public Safety and Protection Services. The property is served by the Ashland Police Department. Supplemental police protection is provided by the Oregon State Police. Fire protection is supplied by the Ashland Fire Department. Supplemental protection under a mutual aid agreement is provided by Jackson County Rural Fire District 5. The fire station is located less than one mile from the property, and response time is estimated at less than 5 minutes. Four fire engines would respond to a fire. All equipment would arrive in 10 minutes or less. The applicant testified in Exhibit 1 that the preceding information regarding equipment and response time was furnished by the Ashland Fire Department. The above evidence was undisputed, and the City Council finds it credible and adopts it as fact. 22. Utilities. The property is served with electricity by the City of Ashland Electric Utility. The site also has telephone and cable television utilities available. During the winter of 1990-91 the City experienced a power black-out for a period of approximately 24 hours that was due to a substation failure. The City has acquired access to a portable substation from the Pacific Power and Light Company. The City is presently in the process of siting a new substation. The above evidence was undisputed and adopts it as fact. 23. Public Schools. The City Council finds that intended use of project will generate few if any school age children, and, therefore, impacts upon the public school system will be no greater than minimal. 24. Landscaping. Landscaping will be installed according to the Exhibit 9 Landscape Plans. The project has 39,757 square feet of landscaped area, (34% of the site). ALUO § 18.72.090(A)requires a minimum of 15% of a site to be landscaped. The landscaping will be irrigated by an automatic underground system using pop-up sprinklers for lawn areas, and drip irrigation for all shrub'beds. Existing trees along Ashland Creek will be preserved Creek-side vegetation will be cleaned-up consistent with the City's riparian preservation regulations and conditions of approval, (Condition 7). The City Council finds the above evidence credible and adopts it as fact. 25. Zoning. The subject property is zoned Retail Commercial (C-1). The property and surrounding neighborhood is an area where several zoning districts are either adjacent or within close proximity. The zoning pattern is shown on the Exhibit 5 zoning map. Identical C-1 zoning borders the South and portions of the east and west boundaries of the site. Employment (E-1) zoning borders the north and a portion of the east boundaries. High Density Multiple Family Residential (R-3) zoning borders a portion of the west boundary. The adjacent and nearby uses fall into the following zones: Bard's Inn, Jonathan's restaurant and its parking are on land zoned C-1. The City parking lots are zoned C-1. The Waterside Inn, veterinarian clinic, and public utility building are on land zoned E-1. The existing single family residences across Hehman Street from the subject property, and other single family dwellings along and on the west side of Heiman are zoned R-3. Dwellings and light manufacturing uses on the east FINAL ORDER Page 17 Planning Action 91-099 side of Heiman north of the subject property are zoned E-1. The outright permitted uses in C-1,E-1, and R-3 zones areas follows: ALUO § 18.32.020(Permitted uses in C-1 zone): A. Professional, financial, business and medical offices, and personal service establishments such as beauty and barber shops, launderettes, and clothes and laundry pick-up stations. B. Stores, shops and offices supplying commodities or performing services, such as a department store, antique shop, artists' supply store, and including regional shopping center or element of such center, such as a major department store. C.Eating,drinking,entertainment, and dancing establishments. D.Theatres,but not including a drive-in. E. Manufacture or assembly of items sold in a permitted use, provided such manufacturing or assembly occupies 600 sq. ft. or less, and is contiguous to the permitted retail outlets. ALUO § 18.40.020(Permitted uses in E-1 zone): A. Professional, financial, business and medical offices, and personal service establishments such as beauty and barber shops, launderettes, and clothes and laundry pick-up stations. B. Stores, shops and offices supplying commodities or performing services, but not including a shopping center with more than one store per tax lot unless located on a street designated an arterial in the Ashland Comprehensive Plan. C.Eating,drinking,entertainment, and dancing establishments. u D. Cabinet, carpentry, electrical, furniture, machine, plumbing or heating shop,printing,publishing,lithography or upholstery. E. Light manufacturing, assembly, fabricating, or packaging of products from previously prepared materials, such as cloth, plastic, wood (not including saw, planing, or lumber mills or molding plants), paper, cotton, precious or semi-precious metals or stone. F.Manufacture of electric,electronic,or optical instruments,and devices. G.Administrative or research establishments. H. Motion picture, television, or radio broadcasting studios operating at an established or fixed location. FINAL ORDER Page 18 Planning Action 91-099 J ALUO § 18.28.020 (Permitted uses in R-3 zone): A. Single-family dwellings and two-family dwellings. B. Multi-family dwellings. C. Boarding or rooming houses, . fraternity or sorority houses, and dormitories. D. Home occupations. E.Agriculture. F.Public schools,parks and recreation facilities. G. Nursery schools,kindergarten,and day nurseries. H. Residential planned unit developments when authorized in accordance with the Chapter on Planned Unit Developments. The City Council finds the above evidence undisputed and credible, and adopts it as fact. 26. Open Space. The subject property is presently vacant, but has been developed twice earlier, a building once stood on its northwest corner, (Exhibit 12). The property has probably functioned as open space for the surrounding area even though it is and has been in private ownership. The property is not designated by the ACP for public park or open space, and the City has no plan to acquire the property for such use. An owner of the Waterside Inn testified that the subject property is used by "bums" and "drug users." The City Council adopts the above evidence as fact. 27. Noise. Noise in the area is primarily from traffic on the "C" Street viaduct, (a segment of Oregon,Highway 99) and other local streets. Some noise is also produced by Western Oil and Burner, a company located across Central Street from the property on the northwest corner of Central and Water Streets. The company manufactures boilers. Viaduct traffic is the largest single source of ambient noise in the area. Additional noise will be localized in the vicinity of parking access and the tennis court. The Water Street parking access and tennis court are directly across Water Street from the Waterside Inn. An owner of the Waterside Inn spoke strongly in favor of the project and raised no objection regarding noise. The Central Street parking access is across from the veterinarian clinic and pet grooming establishment and its parking. As a business, the clinic operates primarily during normal business hours. Animal clinics are not typically noise-sensitive land uses. Loud, disturbing, or unnecessary noise in Ashland is regulated by the Ashland Municipal Code (AMC) Section 9.08.170. AMC Subsection 9.08.170(C) establishes allowable statistical noise levels. The allowable noise levels are five decibels lower (more restrictive) than comparable state standards. All general categories of land use, including the subject conditional uses, are regulated by and subject to the cited noise standards. There was testimony that tour busses serving the property would produce excessive noise. There is no indication in the record that the use of tour busses is proposed by the applicant or planned The City Council FINAL ORDER Page 19 Planning Action 91-099 finds that the intended use of the subject property will produce noise that has no greater than a minimal impact upon the surrounding neighborhood. 28. Appropriate Development. The vacant land abutting and within the area surrounding the subject property may be appropriately developed with permitted uses allowed in their respective zones. Surrounding zones include R-3, C-1, E-1, and M-1, (Exhibit 5). The permitted and conditional,uses are listed in ALUO Chapters 18.24, 18.28, 18.32, 18.40, and 18.52. The City Council finds and concludes that the preceding facts 1 through 28 are credible, and adopts them as fact. Conclusions of Law Based on the preceding findings and conclusions of fact, the City Council reaches the following conclusions of law and ultimate conclusions with respect to ALUO § 18.104.040 (B) and (C). Unless otherwise noted, our conclusions that the use is "compatible" and will not produce greater than minimal impacts, relates to all abutting properties and those in the surrounding area, and to the appropriate development of those properties. Neighborhood Location and Boundaries: The City Council concludes that the "surrounding neighborhood," as asserted by the applicant, (refer to findings of fact), is appropriate and correct. While some people asserted potential impacts in areas beyond the boundaries of the "surrounding neighborhood," there was no evidence or argument by any party that the "surrounding neighborhood" differed from the area defined by the applicant. The City Council concludes that some impacts produced by a conditional use can occur in areas beyond an area defined to be the "surrounding neighborhood" However, the magnitude of impacts outside of the "surrounding neighborhood" in all cases will be of equal or less magnitude than impacts felt within the surrounding neighborhood; if impacts within the surrounding neighborhood are no greater than minimal, then impacts beyond the surrounding neighborhood will be of an equal or lesser magnitude. Location: The City Council finds and concludes that the location of the subject uses are q appropriate, and will be reasonably compatible with and produce no greater than minimal impacts upon the livability and appropriate development in the surrounding neighborhood We find and conclude that the applicant's treatment of the site represents good planning having as its foundation Ashland's Downtown Plan, (adopted July 19, 1988). The project takes dramatic advantage of the topography and provides an attractive mixed use project to create a planned extension of the downtown as envisioned by the Downtown Plan. Pedestrian linkages with the downtown along Ashland Creek are an integral part of the overall design. The project won unanimous support and high praise from Ashland's Planning Commission and Historic Commission. An earlier congregate care project proposed for the subject property was denied by the city; the denial led to the City establishing a mixed-use policy for the subject property that was incorporated into the Downtown Plan. The project precisely conforms to the vision for the subject property expressed in the Downtown Plan; page 42 the Plan addresses the subject property (Newbry Site) as follows: "The Newbryy site is the last large parcel of vacant land in the downtown area. Its development will affect the downtown for many years to come. The City must give FINAL ORDER Page 20 Planning Action 91-099 d careful thought how its development can enhance the downtown not detract from it. The parcel has many possibilities, but whatever the development of this property, it must be considered an extension of the downtown and the functions of this area must support the healthy economic expansions of the downtown area. It seems to lend itself to a mixed use commercial development - retail shops, tourist and possibly residential housing,and restaurants." Furthermore, we conclude that the front property line defining the front yard area is along Heiman Street. The buildings principally orient toward Helman. We further conclude the location of the buildings are appropriate in relation to property boundaries and other nearby uses and structures. We further conclude that the location for a mixed use development of the type contemplated is appropriate and consistent with Ashland's Downtown Plan. We conclude that a residential/hotel location in near proximity to the downtown will promote a convenient pedestrian-oriented and energy efficient use of the land consistent with the objectives of the comprehensive plan. Size, Scale and Bulk: The individual but connected buildings that comprise the project are found to be larger in size, scale and bulk than any other nearby structure except for those in the downtown area. However, the projects sloping site, "stepped" architecture, and setbacks serve to make it harmonious and compatible in size, scale and bulk with other smaller nearby buildings. To the extent the size, scale and bulk of the buildings are larger and differ from that of others in the surrounding area, we find the that the differences are harmonious and compatible, and will produce impacts no greater than minimal upon the area's livability. During the public hearing, some opponents asserted that the project creates a dominance exceeding "any thing downtown" because it does not have subtle breaks in color,design, and interest that buildings in the downtown have; and that the building mass overpowers anything in the surrounding neighborhood. The City Council finds and concludes that the downtown consists of a collection of adjoining buildings constructed and generally owned independent of one another, and these features account for the architectural and color diversity inherent in downtown buildings. While most individual downtown buildings may be smaller than those in the project, the mass of contiguous buildings on separate blocks in the downtown are larger, bulkier structures. While somewhat larger, the subject buildings are also comparable to Bards Inn, a commercial motel and restaurant located across Hehnan Street from the subject property. As illustrated by some Exhibit 8 photographs, Bards Inn a "surouinding neighborhood" building also does not have the ar chitectural and color diversity of individual downtown buildings, but instead is similar and compatible to the subject project in that it too has a an integrated architectural design and color scheme. Elements of the subject building are taken from the "craftsman style," as described in the findings of fact Craftsman is the architectaual style that dominates single family dwellings in the surrounding neighborhood We conclude that the buildings are architecturally and aesthetically appropriate and compatible, and that they are harmonious in scale, bulk, coverage, and density with other buildings in the downtown and surrounding neighborhood To the extent that the subject buildings are different, we conclude that the differences are compatible and do not produce impacts greater than minimal upon the livability of the surrounding neighborhood There is no evidence that the architecture, aesthetics, scale, bulk, coverage or density of the project will be incompatible or produce adverse impacts upon the livability of abutting properties or those in the surrounding neighborhood. FINAL ORDER Page 21 Planning Action 91-099 1 As to building coverage, the project has a coverage of approximately 30% of the site, (Exhibits 1 and 2). ALUO § 18.32.040(A) allows substantially more of the site to be covered by buildings. Approximately 34% of the site is placed in permanent landscaping. ALUO § 18.72.090(A)requires landscaping to cover only 15% of the site. Design of the Development, Architecture and Aesthetics: We conclude that the p, development design is appropriate in terms of its architecture and aesthetics to the abutting properties and the surrounding neighborhood. The architecture is specifically compatible to the "craftsman" style homes predominating in the area, and other buildings in the area constructed in the "craftsman" style. To the extent the architectural/aesthetic style of the buildings differ from that of others in the surrounding area,we find the that the differences are compatible and will produce impacts no greater than minimal upon the area's livability. Also refer to the preceding conclusions with respect to "Size, Scale and Bulk"of the project. Operating Characteristics:We conclude that the operating characteristics of the mixed use project will be similar to some adjacent and nearby uses, (Waterside Inn and Bard's Inn), but different than others, including single family occupancies and the veterinarian clinic. The retail and office uses produce the greatest difference in operating characteristics in comparison to uses in the surrounding area. Nearby residential uses are most different in terms of operating characteristics. We conclude that the location of retail and office uses nearest the viaduct and furthest from the nearby residential uses is a sound method to promote project compatibility. To the extent the operating characteristics of the subject uses differ from that of others in the surrounding area, we find the that the differences are compatible and will produce impacts no greater than minimal upon the area's livability. There is no evidence that the differences in operating characteristics between the subject and nearby uses will produce incompatibility or greater than minimal impacts upon the livability of the surrounding neighborhood. Density/Intensity: We believe and, therefore, conclude that the term "density" is not a good yardstick to measure and compare different types of land use. The subject use, R while having a somewhat residential occupancy, is not "residential" in the ordinary meaning of the term. "Density" is a term applied to residential land uses. As to the 9 project's overall intensity, we conclude that it will be somewhat greater than that of other surrounding properties. In this location, we conclude the more dense/intense use can be reasonably accommodated because of its near proximity to the downtown, even though the property interfaces with other similar, albeit somewhat less intense neighbors. We conclude that the design of the development accommodates its greater intensity. The design places the most intensive uses, offices and retail commercial, nearest the downtown interface and furthest from the other less intense adjoining uses. To the extent the proposed use is more dense or intensive than other uses in the surrounding area, we conclude that the differences will be compatible and harmonious, d and will not produce impacts greater than minimal upon the area's livability. During the public hearing, some opponents asserted that the project will increase the pace of the area because of constant activity produced by the project and 212 people that it could accommodate at any one time. Opponents also argued that the project's occupants will crowd the downtown and produce activity associated with swimming and tennis that will change the neighborhood's pace and make it incompatible. Opponents determined that the project will produce 212 people because, at maximum, there can be 106 rooms used for overnight accommodations and these could be at double occupancy. 1 FINAL ORDER Page 22 Planning Action 91-099 Y The objection is that the hustle-and-bustle of vehicles accessing site, people walking to and within the downtown, and use of the swimming pool and tennis court will incompatibly alter the pace of the neighborhood. Regarding downtown congestion, we conclude that tourists will visit the downtown whether they stay at the project or elsewhere. The downtown is an attraction in itself, that includes the collection of features described in findings of fact: numerous restaurants,retail shopping outlets, the Oregon Shakespeare Festival consisting of three individual theatres, other performing arts companies, a multiple screen movie theater, Bluebird and Lithia. Parks. At the project site, tourists can walk to the adjacent downtown area Traveler accommodations outside the downtown require tourists to drive to the downtown area and search for scarce parking. We do = believe or conclude that pedestrians traveling to the nearby downtown on existing and planned sidewalks is incompatible with the surrounding neighborhood, or will produce a change in the neighborhood's pace that poses a greater than minimal impact to its livability. While the project may at any given time accommodate 212 people, it is very unlikely that all 212 will be walking to or within the downtown at any one time. There was testimony that downtown merchants rely heavily on tourist trade. We conclude that the presence of tourists is a positive feature of Ashland's economy, and that the additional people produced by the project will not be incompatible with the downtown or the surrounding neighborhood,or produce greater than minimal negative impacts thereupon. As to pedestrian traffic in nearby residential neighborhoods, the pedestrian linkages do not require visitors staying on the premises to traverse residential neighborhoods on route to the downtown. We conclude that pedestrian traffic produced by the project in residential neighborhoods will be compatible because: 1) the pedestrian traffic will be light; and 2) sidewalks presently exist in the residential areas. We conclude that the small amount of pedestrian traffic expected in residential areas will be compatible, and will not produce impacts greater than minimal or alter the pace or livability that presently exists in the neighborhood. The swimming pool is located centrally on the site. View of the pool is blocked by planned buildings and vegetation along the creek. The tennis court is located adjacent to land zoned Employment (E-1) a zone allowing commercial and light industrial uses. The only property owner living on Water Street, nearest to the pool and tennis area, testified in favor of the project. Noise produced by swimmers will be blocked by planned buildings to the north and west. Ambient noise is produced by the highway viaduct, other surrounding streets and by water running in the creek. We conclude that use of the swimming pool and tennis court will be harmonious, and will not be incompatible or produce greater than minimal impacts that affect the "pace" and livability of the area We conclude that an important consideration here is that existing development on all streets bordering the subject property is of a commercial nature with the exception of two existing single family dwellings located on Heiman Street south of its intersection with Central Avenue. Coverage: The Exhibit 8 photography key map (showing property lines and some structures), and the Exhibit 12 Ashland Topographic Map, (showing all structures that existed when the map was prepared), indicate building coverages for the surrounding properties. The Exhibit 2 Site and Architectural Plans illustrate the building coverage for the project. Building coverage is approximately one-third of the site. ALUO § FINAL ORDER Page 23 Planning Action 91-099 j 18.32.040(A) explicitly exempts development in the C-1 zone from any specific requirement for building coverage other than those imposed under site design review or through solar access requirements of the ALUO. We conclude that the differences among building coverages for uses in the surrounding area in comparison to those of the project are not significant, will be compatible and harmonious, and will not produce impacts greater than minimal upon the neighborhood's livability. Appropriate Development: We have considered the allowable uses in all surrounding zones, and conclude that the project will not produce greater than minimal affects upon the appropriate development of abutting properties and those in the surrounding area. We conclude that Ashland's conditional use permit, and site plan and architectural review processes have provided a sound basis to analyze the subject project and make it compatible with all existing and future appropriate development in the surrounding area. The site plan and architectural review process will provide a means to ensure that all future appropriate development in the surrounding area will itself be compatible. Public Facilities and Utilities: We conclude that a full range of public facilities and services are presently available to the subject property. All public facilities and services are presently adequate in their capacity to support project development, with the following exceptions: 1) Water Street and its bridge over Ashland Creek along the subject property frontage requires widening. 2) Central Street requires extension east from its present terminus to connect with Water Street, an extension of roughly 100 feet. 3) Improvements are required for the existing water system in Central and Water Streets. We conclude that conditions attached to the approval make adequate and appropriate provision for the above needed facility improvements. Based on the above conclusions, we find and ultimately conclude that public facilities and utilities are or will be available in sufficient capacity to serve the subject project. The conditions of approval requiring public facility improvements serve to make the project compatible with other uses in the area,and to produce impacts no greater than minimal upon the area's livability. During the public hearing, opponents argued: 1) Some residents in the area presently experience water pressure problems.2)The project will cause additional water problems by requiring an additional 30,000 gallons per day (gpd). 3) Ashland residents require only 145 gpd per person, but that guests would be unconcerned with Ashland's water problems and would consume as much water as they like. 4) The water conservation measures suggested by the Public Works Department require unreasonable measures. 5) Talent Irrigation District (TID) water is now required to augment other municipal water sources. TID water is of lower quality and should not have to be used by the citizens of the community. 6) In drought years, the project will consume water that should be reserved for residents who live in the City all year long. 7) The "Beck water report" found.that the present water system is inadequate for fire suppression in some areas of the City. 8) The City's sewerage treatment plant can not accommodate the additional volumes of waste produced by the project. The treatment plant presently discharges untreated sewerage into Bear Creek. Opponents testified that they sometimes smell sewerage. During the public hearing the City of Ashland Public Works Director testified unequivocally, based on adopted utility plans, that the sizes of sewer and water lines in the area, the condition and capacity of sewer and water treatment facilities, and water supply and pressure in the area would be sufficient to support the proposed project. We conclude that the testimony and opinions of Steven Hall, registered professional engineer and Ashland Public Works Director, are those of an expert, and adopt it as fact. FINAL ORDER Page 24 Planning Action 91-099 There was no evidence that public sewer and water facilities are not adequate to support the project. The City has augmented its water supply with TID water since the 1970's. Conditions of approval require improvements to certain nearby key public facilities. The applicant has stipulated to the improvements in Exhibit 1. The approval conditions were based on a careful examination by municipal departments of the project's anticipated requirements. While some areas in Ashland have public facility limitations, these areas are under localized moratoria. The subject property is not within an area subject to any moratorium. If a community-wide public facility limitation existed, which we do not concede, a moratorium could be declared under ORS § 197.520. The City has not declared a community-wide moratorium because of a public facility shortage or for any other purpose. The City Council has given appropriate consideration to the availability and capacity of public facilities and utilities, and we conclude that these are adequate to accommodate the project and make it compatible with and produce no greater than minimal impacts upon the livability and appropriate development of abutting properties and the surrounding neighborhood. One person who owns property in the vicinity of the City's sewer treatment plant testified that he can sometimes smell sewerage, and that this indicates the existence of a treatment capacity problem. We find and conclude that sewer treatment plants periodically produce odors,but that occasional odor is not necessarily in indicator of capacity problems. We accept as fact the opinion of Public Works Director Hall that the treatment plant has sufficient unused capacity to accommodate the proposed project. Also during the public hearing, one opponent asserted that the project should not be approved until the City's electrical system is capable of supporting present community needs. During the public hearing that opponent in expressing his concerns over electrical power distribution, acknowledged that the 24-hour power black-out during Winter 1990 will not occur again because the City now has access to a portable substation from the Pacific Power and Light Company. As a longer range solution, the City is presently in the process of siting a new substation. We conclude that the availability of a portable substation, and the City's long range efforts to construct a new substation evidence that the subject project will be compatible and not produce greater than minimal impacts upon the livability of the surrounding neighborhood. Traffic Generation and Street Capacity: We accept the conclusions in the Exhibit 15 traffic study and conclude that they are the opinions of an expert who we find to be qualified and credible. We conclude that the project will generate approximately 1,336 average daily vehicle trips, and those, when added to the traffic volumes that presently exist on streets in the area, will be compatible and will not exceed the capacity of neighborhood streets,or produce greater than minimal impacts upon the neighborhood's livability. Conditions of approval, (Conditions 1 and 2), requiring improvements to Central and Water Streets will enhance their capacities and ability to accommodate traffic generated by the project. The conditions of approval requiring street. improvements serve to make the project compatible with other uses in the area, and to produce impacts no greater than minimal upon the area's livability. Additionally, the Traffic Study (Page 16) examined the potential traffic impact that could be produced if the property were used for a retail shopping center, a permitted use that does not require a conditional use permit. The Traffic Study found that a shopping center would produce on the order of four to five times the volume of traffic produced by the subject use. FINAL ORDER Page 25 Planning Action 91-099 During the public hearing, opponents argued that noise and traffic from the project will encourage potential conversion of the single family neighborhood zoned R-3 to multiple family housing. . We conclude the argument is speculative and not based on any evidence in the record. No property owner within the surrounding neighborhood testified that they would sell or otherwise convert their home to apartments as a result of the project. Given the size of parcels as evidenced by the Exhibit 3 and 12 maps, and sound condition of existing homes in the area as evidenced by the Exhibit 8 photographs, we conclude that the likelihood of apartment conversions is remote; conversions would simply be too expensive, requiring acquisition of at least four individual occupied/built parcels at a cost of+/-$100,000 each to acquire a single acre of land upon which apartments could be built. Even at high land price levels in Ashland, -/+$400,000 per acre is several times the cost of vacant multiple family land. Refer to Exhibit 68. The City Council was persuaded by the analysis and conclusions of the Exhibit 15 traffic study. In particular, we conclude that the following traffic study conclusions are responsive to the relevant criteria in ALUO § 18.104.040(B) and 18.104.040(C)(3), and issues raised during the public hearing which are related to street capacity and traffic: "Based on a review of the circulation system and land use distribution in the vicinity of Oak Street and B Streets, it is assumed that traffic volumes on both of these streets is of the same order of magnitude as the traffic on Water Street, Heiman Street and Central Avenue." "As shown for the other intersections in the vicinity, the addition of 25 vehicles of site generated traffic during the afternoon peak hour will not create a significant impact on street or intersection operations." "The majority of the 25 vehicles referenced above are related to the overnight lodging of the condominium development. Overnight lodgers would not necessarily be aware of the opportunity to use Oak Street and B Street. Therefore, 25 vehicles may over state the amount of traffic that may use these two streets." "Vehicles accessing the site via the Central Avenue driveway may still find C Street to Heiman Street to Central Street to the driveway as being faster than C Street to Oak Street to B Street to Water Street to Central Street using the driveway. Again, 25 vehicles may be overstating the amount of traffic using the Oak Street route." "Based on a comparison of existing conditions to those after project development, it is our opinion that conditions are nearly identical, and that no significant volumes of traffic will be distributed on local streets." V "Intersection levels-of-service' (LOS) 'do not change with the addition of site generated traffic and no traffic mitigation measures are required." "We have analyzed the traffic impacts in relation to the City of Ashland's criteria in Subsections 18.104.040(8) and (C) of their land development ordinance. Or opinion is that the project will not generate peak hour or total cumulative traffic at levels that produce impacts to the surrounding neighborhood that is greater than minimal given the location, size, design and operating characteristics of the development. Based on our analysis, it is also our opinion that peak hour and FINAL ORDER Page 26 Planning Action 91-099 total traffic produced by the development will not result in the project being incompatible with the surrounding neighborhood. From a traffic generation perspective, we conclude that the project will be compatible. In comparison to other potential uses that are permitted outright in the Cl zone, the subject use will produce far less traffic and be substantially more compatible." Public Safety and Protection: We conclude that police and fine protection constitute public safety and protection services to be considered under ALUO § 18.104.040(C)(4), and that these are presently adequate to protect the public health and safety of the community and subject project. The conditions of approval with respect to fire suppression will enhance the delivery of fie protection and suppression services to the site, (Condition 23). During the public hearing, one opponent testified that people staying at the project will have a "vacation mentality" that will make pedestrian and bicycle travel on Central Avenue dangerous; children use Central Avenue to walk to Briscoe School; dogs on the street would be endangered by increased traffic. Opponents also argued that with parking allowed on both sides of Central Avenue, two cars can not pass without one having to pull over. The widening of Central has not been considered, and, if needed, the cost should not be born by existing residents along Central; Central should not be a by-pass for the downtown area. There is no evidence that a "vacation mentality" exists, or that people who have a "vacation mentality" drive or otherwise behave in an irresponsible manner. As to children walking on Central Avenue to Briscoe School, (located across North Main), Central has sidewalks. As to the project producing a greater traffic danger to dogs, we find and conclude that any dogs running at large in an urban environment are endangered by vehicles. Central Avenue is a fully improved City street that has a paved width of 30 feet, (Exhibit 12). Passenger vehicles are generally about six feet wide or narrower. Parked within six inches of the curbs, there still exists 17 feet, adequate space for vehicles to pass. No widening of Central Avenue between Heiman and North Main Street is required While in the long range the City may consider changes in the way traffic and parking in the area are regulated, no changes are proposed at this time and none are required. We conclude that Central Avenue is presently adequate, and that its use by project traffic is not incompatible with the neighborhood, and that traffic impacts to Central will produce livability impacts no greater than minimal. During the public hearing one opponent testified that there are no specific plans for police protection and security. The City Council concludes that police protection for the property and project is and will continue to be furnished by the Ashland Police Department which is adequate and that no additional security will be required. Other than security furnished by management, most hotels do not have their own security force. There is no evidence that the project requires any additional level of security or police protection by virtue of its location, size, design or operating characteristics, and we ultimately conclude that the above noted levels of public safety services will make the project harmonious and compatible, and are sufficient to prevent the project from producing greater than minimal impacts upon the livability of the surrounding neighborhood. Livability: In McCoy v. Linn County (90 Or App at 276), it was held that a similar FINAL ORDER Page 27 Planning Action 91-099 standard required the fact finder to identify the qualities and characteristics which constitute "livability" and determine whether the proposed use will cause more than a minimal adverse impact upon those. We conclude that the location of the surrounding neighborhood and its qualities and characteristics which constitute and define its livability are those described above in Findings of Fact#1 and#2. We further find that the following elements, in addition to those covered above, may affect the qualities and characteristics of the area's livability: Loss of Open Space: In Benjamin v. City of Ashland, LUBA (LUBA No. 90-065, November 13, 1990), an appeal was filed on the Cty's approval to expand the Ashland Community Hospital as a conditional use in a residential zone. In that case, opponents claimed the entire vacant site to be used for the expansion was de facto or incidental open space which had to be considered as one of the characteristics of livability. Under that subassignment of error, LUBA held: "Accordingly, because the site proposed for development is not designated by the city plan as open space, current use of the entire site as de facto open space need not be considered on the characteristics of neighborhood. livability, and ALUO 18.104.040(B)does not require the city to demonstrate that loss of this open space due to the proposed development will not have more than a minimal impact on neighborhood livability." We conclude that, considering "incidental" or "defacto open space," the coverage and density of the proposed use will have no greater than minimal impact upon the livability of the surrounding neighborhood Noise: We conclude that the project will generate additional levels of traffic on the local street network, and that additional traffic and access onto and from the site will produce additional levels of noise. Some additional noise may also be produced by the tennis court to be located on the northeast portion of the site near the Waterside Inn. We conclude that the uses and their traffic will be able to comply with the City's noise regulations. We further conclude that the additional levels of noise and its potential impact will be subject to the City's noise ordinance, [AMC Subsection 9.08.170(C)]. We conclude that enforcement of the noise ordinance, if required, is sufficient to make noise levels compatible and in harmony with uses in the nearby and surrounding area, and to produce impacts no greater than minimal upon the livability of abutting uses and those in the surrounding area. During the public hearing opponents argued that people, automobiles, tour busses, and sports events at all hours will produce noise at levels that impact the livability of the neighborhood, and that project construction will produce noise, dust, and pollutants. There is no evidence that tour busses will be used to transport people staying on the premises, or that the applicant plans to use tour busses. Noise produced by swimming and tennis activities are covered above. There is no evidence that the presence of vehicle traffic will produce noise impacts that affect the neighborhood's livability more than minimally,or that cause the project to be incompatible. Parking: The City Council concludes that the project provides parking FINAL ORDER Page 28 Planning Action 91-099 commensurate with the requirements of ALUO Chapter 18.92. Additional parking will be available along the street frontages adjoining the subject property. The street improvements required as conditions of approval help ensure the future existence of additional parking, (Conditions 1 and 2). We conclude that meeting the City's off- street parking requirements, in addition to there being on-street parking along three of the four abutting streets, will result in compatibility with abutting uses and those in the surrounding area, and that if impacts to the area's livability do result,they will be no greater than minimal. During the public hearing opponents argued: 1) That additional parking should be required for employees, and for use of the conference rooms within the hotel. 2) That potential overflow parking on nearby streets impact the area's livability. 3) Parking in the "Plaza" area is scarce, and that the project will serve to increase the demand for parking spaces in the Plaza. 4)An earlier proposal was rejected by the City because it did not meet the criteria for a parking variance, and because the City Council then determined that the property should be used for commercial purposes. The off-street parking standards of the ordinance (ALUO § 18.92.020) includes parking for the employees of commercial uses. No da ditional parking for employees is required by the ordinance. The cover sheet for the Exhibit 2 Site and Architectural Plans indicate the parking breakdown by use, indicating that parking for employees has been provided Nearly all hotels and motels have rooms used for conferences. The small conference rooms in the hotel are accessory, secondary, and subordinate to the primary hotel/residential use of the property. The ordinance does not require additional parking for the conference rooms or for any other accessory uses. The City has consistently interpreted its parking ordinance; and has never required parking for conference rooms within motels or hotels. Notwithstanding the availability of required parking, some people park on public streets. The project will ultimately involve improving Central Avenue along the frontage of the property. The improvement will result in the provision of 25 additional on-street parking stalls. To the extent that the project may result in some cars parking along nearby streets, this does not make the project incompatible or produce impacts to the neighborhood's livability that are greater than minimal. Regarding a previous land use action on the subject property that resulted in denial because the use sought a parking variance, and was not for commercial purposes, the subject project: 1) Is for commercial uses. The hotel, office, and retail spaces are all uses listed in the C-1 zone. To the extent some units will be occupied by owners, ALUO § 18.21.030(F) allows residential uses in the C-1 zone as a conditional use. 2) No parking variance is requested in this instance. Off-street parking is provided at levels consistent with the requirements of ALUO § 18.92.020. The project is eligible for up to a 15% reduction in the total number of required parking spaces under ALUO§ 18.982.060(C); the applicant did not seek any reduction in the number of parking spaces. 3) The Ashland Downtown Plan was developed and adopted (July 19, 1988) in response to the earlier project that was denied. The subject project specifically reflects the City's policy for the subject property that is articulated in the Downtown Plan. FINAL ORDER Page 29 Planning Actlon 91-099 As to the project making parking in the "Plaza" area more scarce: We conclude that Ashland is a tourist destination. Ashland's primary tourist attractions are in the downtown. If overnight accommodations are located on the outskirts of the City, visitors will drive to their hotel/motel, park and unpack, then drive to the downtown and search for scarce parking. If visitors stay on the subject property, they can park on the site and easily walk to the nearby downtown area that is connected to the subject property with planned and existing sidewalks. Rather than contributing to downtown parking problems, the subject use in the proposed location will reduce the demand for parking. As approved, parking located primarily beneath the buildings is sufficient and compatible with the downtown and other portions of the surrounding neighborhood, and will not produce impacts greater than minimal upon the neighborhood's livability. Population. During the public hearing, opponents testified that greater numbers of people in the community produce livability impacts, and that tourists will ruin the town. The City Council can find no evidence that the mere presence of greater numbers of people produce any impact upon livability, or that tourists will "ruin the town." There was testimony during the public hearing that Ashland relies substantially on tourist trade for its economic livelihood, and that encouraging tourism is'a matter of City policy. The Comprehensive Plan indicates that one- third of Ashland's total employment is attributable to tourism We conclude that the project will not result in a significant number of new people in the community, either as visitors or permanent residents; people visiting Ashland will come whether or not the project exists. People seeking to live in Ashland will do so whether or not they live on the subject premises. While the project may produce some "new people," the numbers are less significant than the potential 212 hotel occupancies projected by opponents. Adverse Competition: During the public hearing, some opponents asserted that the project will produce adverse competition with other motels and B&Bs, and may result in "price wars." The City Council finds and concludes that the existence or extent of potential adverse competition is irrelevant. . Commercial Usage and Uncontrolled Flexibility: During the public hearing, opponents testified that a hazardous condition could be produced for occupants and the surrounding area by uncontrolled flexibility that would allow the project to be fully occupied with "wall to wall beds" or to stand empty; the property should be reserved for commercial usage, and should be prevented from P converting from its intended use to a residential condominium with "40 plus motel operators." Reserving the property for"commercial usage" is irrelevant. The uses intended by the applicant are permitted outright or conditionally in the C-1 zone, and the proposed mix of uses is consistent with the vision for the property expressed in the Ashland Downtown Plan. Opponents do not identify the nature of the hazard to be produced by "uncontrolled flexibility." If opponents allege overcrowding as the hazard source because of fire, the assertion disregards the requirement that any habitable building comply with Oregon's building safety and fire codes. As to there being "40 plus motel operators," the issue is irrelevant. Nevertheless, as the applicant has stated in the record, he will act as the agent for owners who let rooms overnight in the same way similar accommodations are provided in FINAL ORDER Page 30 Planning Action 91-099 W Oregon's Sun River and Black Butte resorts; there will not be "40 plus motel operators." Riparian Zone: During the public hearing, an opponent testified that the "massive" structure will generate and reflect heat that may destroy trees in the riparian area that exists along the creek, and that natural vegetation should be left in place, and not replaced with other vegetation simply because it is more appealing to humans. The City Council concludes that the approved plan (Exhibits 2 and 9) retains existing trees along the creek. We can find no evidence to support the notion that structures in general, or the subject structure will produce heat that will damage nearby trees. Trees are customarily planted and grow adjacent to buildings. There is no evidence that selective replacement of vegetation as shown on the Exhibit 9 Landscaping Plan will in any way be incompatible with or produce greater than minimal impacts upon the surrounding neighborhood. While some parties may disagree with the landscaping intended by the applicant and approved by the City Council, there is no evidence that the choice or placement of landscape materials will produce any adverse impact whatsoever. Storm Waters: During the public hearing one opponent testified that the project will increase the velocity of "rain water," asserting that water which would normally seep into the water table will instead be diverted to the creek. Overflowing or clogged storm drains will increase the danger of flood damage to the project and downstream properties by raising flood elevations. The City Council finds and concludes that any building or other surface cover that prevents the seepage of storm waters into the water table increases the velocity of storm runoff. There is no evidence that any storm drain in the area is prone to clogging or overflowing. Removal of some creekside brush will increase the carrying capacity of the creek and reduce the potential for debris to clog the creek. According to the testimony of Engineer Bassett (Page 24 of Exhibit 1), the proposed buildings, "will not, on aggregate, increase flood levels on or downstream from the subject property." In conclusion, there is no evidence that the above asserted impacts will result in: 1) incompatibility or produce impacts greater than minimal upon the livability of the surrounding neighborhood; 2) cause damage or hazard to persons or property upon or adjacent to the development area. We accept the above conclusions of Engineer Bassett in Exhibit 1 and believe them to be the opinions of an expert who we conclude is qualified and credible. We conclude that the applicant and City have considered the potential hazards that the development may create and have implemented reasonable mitigation measures to reduce adverse environmental impacts. The potential impacts described above are concluded to produce no greater than minimal impact upon the livability or appropriate development of abutting properties and the surrounding neighborhood Wading Pool: One opponent testified that wading and overuse of the creek should be discouraged There is no evidence that the project will result in either wading in or overuse of the creek. If the creek was used occasionally for wading, which is not proposed in the application, it would not produce incompatibility with the surrounding neighborhood or affect its livability greater than minimally. The applicant has offered to dedicate the creekside land for public use. Regulation of FINAL ORDER Page 31 Planning Action 91-099 wading and use of the creek is and should be a matter of separate concern. Fencing, Landscaping, and Climate Control: During the public hearing, one opponent testified that the location of fencing is unknown,that proposed new trees are small and too few, and that the buildings will be a "four floor oven with air conditioning on to keep cool." An approval condition (as stipulated by the applicant in Exhibit 1) requires that plans for fencing around the swimming pool be later reviewed and approved by the City, (Condition 17). Pool fencing will not be generally visible from the public rights-of-way that surround the subject property because the view of it is blocked by proposed buildings and vegetation along the creek. We conclude that potential fencing can comply with the City's Site Design and Use Guidelines, and that future review and approval by the City is appropriate and will ensure compatibility. As to proposed trees, we conclude that their size, species, and placement as indicated in Exhibit 9 are appropriate and compatible. The Exhibit 9 Landscape Plan was approved by the Ashland Tree Commission. There is no evidence that the size, species, and placement of proposed landscaping will be incompatible or produce greater than minimal adverse impacts upon the livability of abutting properties or those in the surrounding neighborhood. Regarding climate control, conditions of approval (as stipulated by the applicant in Exhibit 1) require that windows in the hotel/residential portion of the buildings will be predominantly operable, not "fixed-pane," (Exhibit 1, Pages 3 and 20 and Condition 6). There is no evidence that climate control proposed for the buildings will be incompatible or produce adverse impacts upon the livability of abutting properties or those in the surrounding neighborhood. Cumulative Effects of Many Developments: During the public hearing, one opponent testified that the project fails to consider the cumulative effects produced by the subject and other large development projects that have been approved by the City. The relevant criteria require that the potential impacts of a "proposed development," (based on its location, size, design, and operating characteristics'), be evaluated for its reasonable compatibility with the surrounding neighborhood, and to determine whether the magnitude of impacts upon the neighborhood's livability are greater than minimal. The criteria do not require evaluation of the potential impacts produced by approved but yet unbuilt development in other parts of the community, or potential future development. The following developments were alleged by opponents to produce an unevaluated impact upon the livability of the surrounding neighborhood: a commercial shopping center, a "factory outlet center'; the "Provost" golf resort development; and, a golf course on the "Billings Ranch." According to Exhibit 68,the location and status of the above identified developments'are as follows: Commercial Shopping Center: The approved Tolman Creek Plaza shopping is located near the south Ashland I-5 interchange approximately two and.one-half miles from the subject property on the opposite end of FINAL ORDER Page 32 Planning Action 91-099 Ashland. The development is under construction. "Factory Outlet Center": Plans for a "factory outlet center" have been discussed No project has been approved by the City, and, to date, no permit applications have been filed or received by the City. The property is near the above shopping center on the opposite side of Ashland about two and one-half miles from the subject property. "Provost Golf Resort": The project was approved by Jackson County and appealed Additional County approvals under remand are required. The project is located on the east side of I-5 approximately four miles from the subject property. . "Billings Ranch Golf Course": The Billings Ranch.is located outside of Ashland's city limits and UGB. No plans have been received by either the City or County for consideration of any development. The property is located adjacent to Ashland's north city limits approximately one mile from the subject property. There is no evidence that these or any approved but yet unbuilt development will produce any impact to the neighborhood surrounding the subject property. In Oregon, cities are required to carry out their long range comprehensive planning responsibilities under the Statewide Land Use Planning Goals (Statewide Goals) and.ORS Chapter 197. It is assumed that an acknowledged comprehensive plan is one that has taken into account the potential levels of development based upon the "carrying capacity of the air, land and water resources of the planning area" (Statewide Goals 5, 6, 7, 8, 11, 12 and 14). Ashland's Comprehensive Plan has been acknowledged to comply with the Statewide Goals. We find and conclude that the proposed development does not produce any unique, unusual or unanticipated air, water, land, transportation or public facility impacts in comparison to other potential land uses permitted within the C-1 zone, and there is no evidence to the contrary. We conclude that opponents arguing for denial of the project because of its cumulative effects in connection with other approved and speculative development, seek a form for population and growth control through the land use entitlement process. We conclude that the City is not compelled to address growth control issues of a community-wide nature in the context of a quasi- judicial land use proceeding. If community-wide public facilities are inadequate because of the "cumulative effects" produced by this and other potential development, which we do not concede, the City is entitled to consider community-wide moratoria under ORS § 197.520. The City has not elected to declare or consider declaring a moratorium We conclude that the "cumulative effects" argument is speculative and without factual basis, and that no evidence exists to support the existence of "cumulative effects," its potential magnitude, and how it potentially affects the livability or appropriate development of abutting properties and those within the neighborhood surrounding the "proposed development" as required by ALUO § 18.104.040(B). Adverse Change to Downtown Character: During the public hearing, one FINAL ORDER Page 33 Planning Action 91-099 opponent testified that the downtown area is changing to an elite shopping area for tourists rather than serving the needs of community residents, and that the subject project should have more space for shops and offices to stimulate entrepreneurs. We find and conclude that whether downtown shopping caters to tourists more than residents, and the potential mix of uses in the project are both irrelevant to a consideration of the project under the substantive criteria. Ultimate Conclusions of Law for ALUO § 18.104.040(B): Based on the preceding conclusions of fact and law, we find and conclude that the location, size, design and operating characteristics of the proposed development will be reasonably compatible with and have impacts no greater than minimal upon the livability and appropriate development of abutting properties and the surrounding neighborhood. Ultimate Conclusions of Law for ALUO § 18.104.040(C): Based on the preceding conclusions of fact and law, we find and conclude that appropriate consideration was given to the five enumerated factors in ALUO § 18.104.040(C) with respect to the requirements of ALUO § 18.104.040(B). In summary conclusion, we find that the conclusions of fact and law support granting the conditional use permit for the flexible use of the property as both a "hotel" and as a "residential use" under ALUO § 18.32.030 (E) and(F). a VI ALUO CHAPTER 18.72; SITE DESIGN USE GUIDELINES AND POLICIES FINDINGS OF FACT AND CONCLUSIONS OF LAW Applicable Standard or Criterion ALUO SECTION 18.72.050:CRITERIA FOR APPROVAL y ALUO § 18.72.050(A). ALL APPLICABLE CITY ORDINANCES HAVE BEEN MET AND WILL BE MET BY THE PROPOSED DEVELOPMENT. P� The City Council has determined that the following constitutes the full range of applicable City ordinances and regulations applying to the subject project which are not otherwise required to be addressed through other criteria applicable to the required permits sought by the applicant: 9 ALUO §.18.32.040(A): Area,width,yard requirements: "There shall be no minimum lot area width,coverage, front yard, side yard,or rear yard, except as requited under the Off-Street Parking and loading requirements and Solar Access chapter, except where requited or increased for conditional uses; and except where required by the Site Review chapter (18.72) of this title; and except where abutting a residential zone, where such setback shall be maintained at 10 fL per story for side and rear yards." u ALUO § 18.32.040(B): Maximum building height: "No structure shall be greater than 40 feet in height." (C-1 zone). FINAL ORDER Page 34 Planning Action 91-099 i ALUO § 18.92.020: Off-Street Parking Spaces Required: ALUO § 18.92.020 requires off-street parking to be provided at the following rates: Hotels: "One space for each guest room, plus one space for the owner or manager."[ALUO § 18.92.020(A)(4)] Multi-family Dwellings: "One and one-half spaces per one bedroom unit; one and three-fourths spaces per two-bedroom unit; and two spaces per three or more bedroom unit." General Retail: "General-one space for 300 sq. ft.of gross floor area." [ALUO§ 18.92.020(B)(3)] General Offices: "General-one space per 400 sq. ft.of gross floor area." . Findings of Fact and Conclusions of Law After considering all of the evidence, testimony and argument received into the record, the City Council reaches the following conclusions of fact, and finds them to be true with respect to the application. Where conflicts arose, the City Council has resolved them as follows in reaching the following conclusions of law: 1. We conclude that the front property line defining the front yard area is along Hehnan Street. The buildings principally orient toward Helman. Access problems associated with the "C" Street viaduct, and topographic and access problems associated with Central Street make these streets impractical to function as front lot lines or front yards upon which the development would orient. 2. Based on the Exhibit 2 Site and Architectural Plans and facts earlier stated under ALUO § 18.104.040(B) and (C), we conclude that the project meets the City's off-street parking and loading, and solar access requirements. 3. Based on the Exhibit 2 Site and Architectural Plans, and Exhibit 10 memorandum from Architect Loffrano, we find and conclude that all buildings in the project do not exceed a height of 40 feet. 4. With respect to parking, we conclude that the greatest parking requirement for the project under ALUO § 18.92.020 occurs if all of the hotel/residential units are rented as overnight accommodations. A maximum 106 rooms could potentially be rented as overnight accommodations. The greatest number of "multi-family residential" units possible is 45, and that produces a lesser parking requirement. Overall, with 106 hotel rooms, 4,500 square feet of general retail space, and 1998 square feet of general office space,we conclude that the project,in providing 125 off- street parking stalls,meets and exceeds the parldng requirements of ALUO § 18.92.020. Refer to cover sheet of Exhibit 2,and Exhibit 1. Applicable Standard or Criterion ALUO§ 18.72.050(B). ALL REQUIREMENTS OF THE SITE REVIEW CHAPTER HAVE BEEN MET. FINAL ORDER Page 35 Planning Action 91-099 Findings of Fact After considering all of the evidence, testimony and argument received into the record, the City Council reaches the following conclusions of fact, and finds them to be true with respect to the application. Where conflicts arose, the City Council has resolved them as follows: 1. The Exhibit 2 Site and Architectural Plans and Exhibit 9 Landscaping Plans illustrate that 34% of the site is landscaped, and to be served by an automatic underground irrigation system. The landscaping is located on portions of the site where it is visible from the adjoining public streets, and where it will buffer and screen other nearby land and development. Landscaping in and adjacent to the outdoor parking areas consist of more than 7% of the site devoted to outdoor parking. 2. The applicant is required to replace any landscaping that does not survive during the first three years following initial planting, (Condition 4). 3. Parking areas located within the buildings can not generally be seen from points beyond the property boundaries, (Exhibit 2). The outdoor parking areas are screened from public street views by landscaping and buildings, (Exhibits 2 and 9). 4 4. Site lighting specifications are not included on the Exhibit 2 Site and Architectural Plans. The applicant is required to provide specific lighting plans and specifications that conform to City standards as a condition of approval,(Condition 5). Conclusions of Law We conclude that the project meets the requirements of ALUO Chapter 18.72 dealing with site review, with the singular exception of conformance with ALUO § 18.72.110 dealing with light and glare performance standards. We can make no final conclusion with respect to conformance with that standard because no specifications are provided on the plans. We conclude that the standards of ALUO §18.72.110 can be met, and the requirements will be addressed later by the applicant as a condition of approval, (Condition 5). Applicable Standard or Criterion ALUO§18.72.050(C).THE SITE DESIGN COMPLIES WITH THE GUIDELINES ADOPTED BY THE CITY COUNCIL FOR IMPLEMENTATION OF THIS CHAPTER. POLICY: DEVELOPMENT IN COMMERCIAL AND EMPLOYMENT ZONES SHALL, WHENEVER POSSIBLE,CONFORM TO THE FOLLOWING: Findings of Fact After considering all of the evidence, testimony and argument received into the record, the City Council reaches the following conclusions of fact, and finds them to be true with respect to the application. Where conflicts arose, the City Council has resolved them as follows: FINAL ORDER Page 36 Planning Actlon 91-099 1. The Exhibit 2 Site and Architectural Plans indicate the buildings have a primary . orientation toward the four streets upon which they face. The outdoor parking areas are almost exclusively located internally on the site. 2. The Exhibit 9 Landscaping Plans illustrate street trees placed at intervals of approximately 30 feet The trees have been specified from the City's list of approved street trees. 3. The Exhibit 9 Landscaping Plans illustrate landscaping materials known to produce healthy growth under local soil and climatic conditions. The applicant's landscape designer, Terry Lippert, is a long-time Ashland landscape designer/installer with extensive localized knowledge of plant materials and their performance. Note: Although both Exhibit 2 and Exhibit 9 illustrate landscaping, the applicant has specified in Exhibit 1 that the Exhibit 9 Landscaping Plan shall govern with respect to the type, quantity, placement and location of all landscaping materials. Landscaping on the Exhibit 2 Site and Architectural Plans is for illustration purposes only. 4. As earlier found, parking areas located within the buildings can not generally be seen from points beyond the property boundaries, (Exhibit 2) The outdoor parking areas are screened from public street views by landscaping and buildings. 5. The applicant stipulated in Exhibit 1 that the windows in the hoteUresidential buildings will be predominantly operable, opening to allow natural climate control, and this is required by Condition 6. 6. Buildings will be constructed to meet or exceed the Uniform Building Code and its heat-loss and weatherization standards. The City Energy Coordinator will review the architectural construction documents and make appropriate recommendations to the applicant or his architect, (Conditions 27 and 18). 7. As earlier found, the project either does or can conform with the City's noise and glare regulations and performance standards. Future compliance is ensured by Condition 5. 8. Exhibit 7 indicates the materials with which the buildings will be finished. The materials were selected to be compatible with local examples of "craftsman" style architecture and construction. 9. The Exhibit 2 Site and Architectural Plans indicate that all outdoor parking areas may be observed from the interior spaces of some of the buildings. Surveillance of the parking areas was provided as a means to reduce potential vandalism and mischief. Conclusions of Law We find and ultimately conclude that the project complies, or can comply under the conditions attached to the approval,with the Site Design and Use Guidelines adopted by the City Council for implementation of ALUO Chapter 18.72. FINAL ORDER Page 37 Planning Action 91-099 VII ALUO CHAPTER 18.62;PHYSICAL AND ENVIRONMENTAL CONSTRAINTS FINDINGS OF FACT AND CONCLUSIONS OF LAW Applicable Standards or Criteria ALUO § 18.62.040(E). A Physical Constraints Review Permit shall be issued by the Hearings Officer when the Applicant demonstrates the following: ALUO§18.62.040(E)(1). That the development will not cause damage or hazard to persons or property upon or adjacent to the area of development. ALUO § 18.62.040(E)(2). That the applicant has considered the potential hazards that the development may create and implemented reasonable measures to mitigate the potential hazards caused by the development. ALUO § 18.62.040(E)(3). That the applicant has taken all reasonable steps to reduce the ' adverse impact on the environment. Irreversible actions shall be considered more seriously than reversible actions. The Staff Advisor or Planning Commission shall consider the existing development of the surrounding area, and the maximum permitted development permitted by the Land Use Ordinance. Q ALUO § 18.62.040(E)(4). That the development is in compliance with the requirements of this chapter and all other applicable City Ordinances and Codes. Findings of Fact After considering all of the evidence, testimony and argument received into the record, the City Council reaches the following conclusions of fact, and finds them to be true with respect to the application. Unless otherwise noted, the City Council finds the following evidence undisputed and credible, and adopts it as fact. Where conflicts arose, the City Council has resolved them as follows: 1. The applicant has considered the potential for damage, hazard, and environmental impacts the project has a potential to produce, and has implemented reasonable mitigation measures that are summarized in the fmdings of fact contained in this document section. Development of the subject property has the potential to produce damage or hazard to persons or property upon or adjacent to the area, and to produce adverse environmental impacts in the following ways related to flooding and riparian preservation: • The creation of impermeable surfaces within the subject property where a natural environment existed before development will increase the quantity and velocity of storm water entering Hamilton Creek and leaving the site. • The quality of storm water is adversely affected by parking lot oil and grease. • Chemical methods of brush removal within the riparian corridor would result in diluted herbicidal chemicals being transported downstream. FINAL ORDER Page 38 Planning Action 91-099 • Storm water inlets to Ashland Creek have a potential to cause stream bank erosion. 2. Physical and environmental constraints found to apply to the subject property under ALUO Chapter 18.62 are those related to the floodplain and riparian preservation area of Ashland Creek. The creek crosses the southeast comer of the subject property. Ashland Creek is a natural drainageway listed in ALUO § 18.62.050(B). 3. The flood plain of Ashland Creek as determined by the Federal Emergency Management Agency (FEMA) is as shown on the Exhibit 13 City Flood Plain Map. The FEMA floodplain boundary is also shown on the Exhibit 2 Site Plan, Exhibit 6 Topographic Survey, and Exhibit 13 Floodplain Map. Ashland Municipal Code (AMC) § 15.10.070(C)(5) allows the City to interpret the floodplain boundaries. The City's 100-year floodplain boundary interpreted from historic photographs is depicted on the Exhibit 6 and 13 maps. 4. The applicant asserted in Exhibit 1 that the riparian preservation area under the definition of"Riparian" in ALUO § 18.62.030(7) is confined to the area covered by an existing tree canopy on either side of the banks of Ashland Creek, an area ranging from roughly 30 to 90 feet wide as it passes through the property, and having as its approximate centerline the bottom of the creek. The area is depicted on the Exhibit 2 Site Plan. All portions this corridor are unaffected by the development to the extent that no development is planned to encroach into the area. The applicant's stated his intention in Exhibit 1 to mechanically (not chemically) "clean-up" the brush and dead trees within the corridor. The applicant's intention was made a requirement under Condition 7. 5. Details for fencing were not furnished as a part of the Exhibit 2 Site and Architectural Plans. Fencing around the pool area will be requited by Oregon Statute. The applicant stipulated in Exhibit 1 to furnishing the City with fencing plans for review and approval before construction. The fencing can and will comply with the requirements of ALUO § 18.62.070(K), and is required to do so under Condition 17. 6. The 100-year flood elevation of Ashland Creek as it passes through the property ranges from 1860 to 1870, (Exhibit 13). 7. All mass excavation will occur during the dry months of the year as stipulated to by the applicant in Exhibit 1. Also as stipulated in Exhibit 1, silt fences will be erected along the west side of the creek to mitigate erosion potential if rain develops during the typically dry months. These measures are proposed in consideration of the potential erosion hazard the development might otherwise create, and evidences reasonable mitigation thereof. Refer to Condition 8. 8. All paved parking areas within urban environments collect grease and oil which ultimately seep into drainage systems. Sand/oil separators will be provided on all parking lot catch basins as stipulated to by the applicant in Exhibit 1, (Condition 9). The measure will minimize the seepage of parking lot grease and oil into the drainageway, and reduce adverse environmental impacts. 9. Brush removal within the creek banks will increase capacity of the creek to accommodate storm flows, and allow beneficial replacement landscaping to be installed. Creek landscaping is shown on the Exhibit 9 Landscaping Plan. All brush removal will FINAL ORDER Page 39 Planning Action 91-099 be performed by mechanical means, (Condition 7). Chemicals are not proposed to be used for brush removal. The aim of these measures is to ensure that herbicides do not enter the creek and cause damage or hazard downstream, and evidence reasonable measures taken to reduce adverse environmental impacts in consideration of the potential hazards. 10. The term "damage" is not defined in the ALUO. The applicant asserted in Exhibit 1 that urban development of any type or magnitude can be alleged to cause "damage" depending on how the term is defined and interpreted by the City. 11. The applicant stipulated in Exhibit 1 that cut and fill slopes will be graded and compacted to Uniform Building Code (UBC) standards dealing with compaction and methodology,and the same was required by Condition 10. 12. The applicant stipulated in Exhibit 1 that a civil engineer registered in Oregon will prepare a grading and erosion control plan for review and approval by the City prior to r the start of construction. A Oregon-registered engineer will also prepare all public facility improvement plans required by the project. Refer to Condition 11. 13. Ashland Creek will remain in its present location. No movement of the creek is contemplated by the project,(Exhibits 2, 6, 9, 12, and 13. 14. Architect Loffrano and Engineer David Bassett have expressed their opinions in Exhibit 1 that the site can and will be mass balanced such that no imported fill will be required Both acknowledge the possibility that some fill may need to be removed from. Q, the site. I 15. Base and paving materials are limited to the parking areas, except for the base gravel used for building foundations. Engineer Bassett asserted in Exhibit 1 that gravel under g concrete footings for buildings is not fill. No fill is required within the floodplain area. 16. Engineer Bassett asserted in Exhibit 1 that all flooding outside of the floodway of Ashland Creek which would occur within the boundaries of the subject property will be relatively shallow, and that there are no substantial differences in the depth of flooding on any portion of the property. 17. Architect Loffrano testified in Exhibit 1 that the elevation of the finished floor for habitable units within the 100-year floodplain is 1866, and in this location, the 100-year flood elevation is approximately 1862. The units are situated midway between flood elevations 1860 and 1864. The Exhibit 2 Site and Architectural Plans indicate that 5 to 6 hotelVesidential units are located within the floodplain. According to Architect Loffrano, the elevation of the first finished floor of that portion of the pavilion building located within the 100-year floodplain, can be at or above the 1870 flood elevation. The applicant stipulated in Exhibit 1 that all buildings will be constructed at an elevation not less than two feet below the flood elevation to which they are adjacent. Commercial buildings may be located two feet below the flood elevation. In fact, all buildings can be constructed so their first finished floors are above the adjacent flood elevations. Engineer Bassett testified in Exhibit 1 that the UBC will require the project to be plan-checked as a motel. 18. Engineer Bassett asserted in Exhibit 1 that the lower level parking is not a "basement" under the Uniform Building Code (UBC) definition of basement. In order FINAL ORDER Page 40 Planning Action 91-099 1 for space to be considered a "basement" under that definition, more than 50% of the perimeter would have to be more than 50% below the finished grade. The Exhibit 2 Site and Architectural Plans indicate the lower level parking does not fit within the cited definition constraints. The partially-underground parking areas are considered "new non-residential" construction under ALUO § 18.62.070(G), and may be constructed two feet below the 100 year flood elevation. The Exhibit 2 Site and Architectural Plans indicate the finished floor for the lowest internal parking garage is 1857.44 feet in an area where the nearest flood elevation is 1860. The garage can meet the cited standard, and the applicant has stipulated in Exhibit 1 that the garage will be elevated the required 0.56 inch required to meet the cited standard, and the same is required by Condition 13. 19. If they are constructed,the applicant stipulated in Exhibit i to flood-proofing the spa gazebo and attached dressing and massage rooms to be consistent with the requirements of ALUO§ 18.62.070(L),and the same is required by Condition 14. 20. Engineer Bassett asserted in Exhibit 1, that to the extent the project has buildings located within the floodplain, this will not, on aggregate, increase flood levels on or downstream from the subject property beyond flood elevation levels because: 1) Over the past 6-7 years there have been 5-6 independent projects located upstream between the middle of the downtown "plaza" through Bluebird Park that have improved the flow conditions of Ashland Creek and have increased its carrying capacity. 2) The project will enhance the creek's carrying capacity by removing brush and debris. 3) The flow-through characteristics of the parking garage will allow storm waters to penetrate inside of the structure. Floodproofing will mitigate the potential for damage to.the structure. 21. The applicant stated in Exhibit 1 that he does not intend to store any petroleum products,pesticides, or other hazardous or toxic chemicals within floodplain areas of the site. 22. The bridge over Ashland Creek located on the subject property is to be used exclusively for pedestrian traffic, and to accommodate emergency vehicles in accordance with the Exhibit 2 Site and Architectural Plans. 23. The applicant asserted in Exhibit 1, that to his knowledge no fill has been placed on the site during the time he has maintained an ownership interest. There are no significant deviations between the Exhibit 6 topographic survey commissioned by the applicant and the Exhibit 12 City's topographic map which was prepared several years earlier. 24. Storm sewer inlets, or "catch basins" located within the outdoor parking areas are to be piped underground to Ashland Creek and discharged The storm sewer outlets into the creek will be rip-rapped to control erosion. This stipulation in Exhibit 1 serves to evidence reasonable steps to identify and mitigate potential adverse environmental impacts, hazards, and damage which might otherwise affect downstream properties. Refer to Condition 12. 25. No new bridges or culverts are planned across Ashland Creek. The two existing bridges,one crossing Ashland Creek along Water Street,and one crossing the creek near the extreme southeast corner of the property below the viaduct, are both planned to be improved The .Water Street bridge is planned for improvement as part of a local improvement district to improve a substantial segment of Water Street, (Condition 21). FINAL ORDER Page 41 Planning Action 91-099 The small bridge below the viaduct is on the subject property, connecting it to the City's parking lot. Refurbishing the bridge is planned to accommodate pedestrian travel, and emergency vehicle access to the site. Bridge improvements will enhance their ability to accommodate storm water flows. 26. Once reconstructed, the Water Street bridge, located within the public right-of-way of Water Street, will be maintained by the City. The privately owned bridge located on the subject property will be maintained by the owner. 27. All structures planned for the site are of a commercial nature and do not have basements. No residential structures defined as such by the Uniform Building Code are planned Standards related exclusively to residential structures, or to structures with basements are inapplicable. 28. Given the size of proposed buildings, City off-street parking, and landscaping requirements, no additional uses or buildings can be provided on the subject property. R The applicant asserted in Exhibit 1 that the project will be constructed in substantial conformance with the submitted plans and specifications, and the same is required by Condition 18. 29. All utility connections can occur outside the floodplain corridor area. The exact location of utility connections will be determined at the time future engineering construction drawings are prepared Refer to Condition 11. 30.The applicant asserted in Exhibit 1 that he made a careful assessment of all potential sources of environmental impact, damage, and hazard, and that all reasonable steps to reduce impacts,and to mitigate hazards and damage on and adjacent to the development area have or will be implemented through the design and construction practices herein proposed in his plans and stipulations, and these have been incorporated as conditions attached to the approval. 31. The subject property is presently vacant and zoned for the allowable commercial uses listed in ALUO § 18.32.20 and 18.32.30. Surrounding land is zoned and developed as described under the conditional use permit findings and conclusions. 32. An error exists in the construction of ALUO § 18.62.070(C). The cited subsection reads: "Non-residential structures shall be flood-proofed to the standards in Chapter 15.10 to one foot above the elevation contained in the maps adopted by chapter 15.10, or up to the elevation contained in the official maps adopted by section 18.62.060, whichever height is greater. Where no specific elevations exist, then they .must be elevated to an elevation of 10 feet above the creek channel on Ashland, Bear, or Neil Creek, to 5 feet above the creek channel on all other Riparian Preserve creeks defined in section 18.62.050(B); and 3 feet above the stream channel on all other drainage ways identified on the official maps." The word "elevated," as set out in boldface italic type in the above quoted subsection was intended to be "floodproofed." The error is one of construction. The "elevation" of new non- residential buildings is covered in ALUO § 18.62.070(G). If the two subsections are read together they produce conflicting standards. FINAL ORDER Page 42 Planning Action 91-099 33. All of the stipulations made by the applicant in Exhibit 1 have been incorporated into conditions attached to the approval of PA 91-099. Conclusions of Law While the project has both residential and commercial hotel aspects, we conclude that the project is commercial and "non- residential" under the provisions of ALUO Chapter 18.62 because under its flexible use nature, the project will require commercial construction practices, and will be plan-checked against the Uniform Building Code as a commercial building. As to the gravel and concrete used for building foundations, we construe these, to be part and parcel of the building itself and does not constitute fill. Regarding the conclusions and the opinions of Architect Loffrano and Engineer Bassett expressed in the findings of fact herein and in Exhibit 1, we find their opinions credible, and hold them to be experts,and accept their opinions as fact. While the Exhibit 2 Site and Architectural Plans do not depict fencing in sufficient detail to allow an absolute conclusion of compliance with ALUO § 18.62.070(K), the applicant stipulated in Exhibit 1, and Conditions 17 requires that specific fencing plans be reviewed and approved by the City before construction begins. With the postponed review and approval procedure, we conclude that the project can comply with the cited fencing standards. The Exhibit 2 plans indicate that the finished floor of that portion of the parking garage . lying within the floodplain is approximately one-half inch lower than two feet below the flood 1860 feet elevation. The applicant has stipulated, and Condition 13 requires that all buildings have their first finished floor no less than two feet below the adjacent flood elevation. We find and conclude that the garage floor can elevated the required additional one-half inch (0.56 inch) needed to comply with the requirements of ALUO § 18.62.070(G). Therefore, based on the above conclusions of fact, we find and ultimately conclude that the project meets the criteria in ALUO Subsection 18.62.040(E)on the basis that: 1. The development will not cause damage or hazard to persons or property upon or adjacent to the area of development. 2. The applicant, and the City have considered the .potential hazards that the development may create and have implemented reasonable measures to mitigate the potential hazards caused by the development. The reasonable measures consist of those incorporated into the design of the project, and those incorporated as conditions of approval. 3..The applicant, and the City have taken all reasonable steps to reduce the adverse impact on the environment in consideration of existing development in the surrounding area, and the maximum levels permitted by the Land Use Ordinance. 4. The development is found and concluded to be in compliance with the requirements of ALUO Chapter 18.62 and all other applicable City ordinances and codes. FINAL ORDER Page 43 Planning Action 91-099 Vlll DECISION AND ORDER Based on the record of the public hearing and upon the foregoing findings of fact, conclusions of law, and ultimate conclusions, the subject applications for conditional use permit, site design review, and physical and environmental constraints review (Planning Action 91-099) are found to be supported by evidence contained in the whole record Therefore, the City Council orders that the applications be, and the same hereby is, approved, subject to all of the conditions set forth in Section IX below, and which are hereby attached to the approval. IX CONDITIONS ATTACHED TO THE APPROVAL 1. The applicant will sign a deferred improvement agreement, irrevocably consenting to the improvement of Water Street to City standards as well as the widening of the existing bridge to match. 2. If the City decides to open Central Street along the frontage of the subject property, Central shall be constructed to a full City street improvement resulting in a travel surface equal to the improved portion of Central east of Helman Street, and shall include curbs, gutters, and storm drains, on both sides of the street, and sidewalks on the south side of the street along the subject property frontage. Alternatively, Central Street may be improved to the standards described above under a Local Improvement District with applicant bearing all costs of said improvements. . The City Council shall decide whether to open Central Street between Water and 4, Helman Streets, and the decision whether to open Central Street will be made at a later time and as a separate decision. 3. The water system supplying the project shall be modified and improved such that adequate water service, pressure, and fire flows can be maintained. Water system improvements shall be completed prior to the issuance of a Certificate of Occupancy.. 4. Landscaping that does not survive during the first three years following initial planting will be replaced. 5. Specific lighting plans and specifications will be provided by the applicant for later review and approval by the City. All outdoor lighting will City standards. 6. Windows in the hotel/residential portion of the buildings will be predominantly operable,not"fixed-pane." 7. Brush removal along Ashland Creek will be by mechanical means. Chemical brush control along the creek will not be used. No healthy, mature trees within the FINAL ORDER Page 44 Planning Action 91-099 a riparian corridor will be harmed or removed. 8. All mass excavation will occur during the dry months of the year. Silt fences will be erected along the west side of the creek and remain in place during the mass site excavation. 9. Sand/oil separators will be provided on all outdoor parking area catch basins. 10. Cut and fill slopes will be graded and compacted to Uniform Building Code (UBC) standards dealing with compaction and methodology. 11. A civil engineer registered in Oregon will prepare a grading and erosion control plan for review and approval by the City prior to the start of construction. A Oregon-registered engineer will also prepare all public facility improvement plans required by the City. 12. Storm sewer outlets into Ashland Creek will be rip-rapped to control erosion. 13. All portions of habitable buildings and the parking garage located within the 100-year floodplain of Ashland Creek will be constructed not less than two feet below flood elevations shown on the City's flood plain maps. 14.The spa gazebo, and attached dressing and massage rooms, if constructed, will be flood-proofed consistent with the requirements of ALUO § 18.62.070(L). 15. The applicant shall convey an easement for the existing irrigation ditch that crosses the property. The ditch shall be maintained in operable condition during the irrigation season, and downline water rights shall be maintained Should the ditch be placed in a culvert, the applicant shall be responsible for culverting and future maintenance of the culverted portion._ The easement and maintenance agreements for the ditch shall be included as part of the deed for the subject property,and shall be reviewed by the state Watermaster. 16. All habitable buildings, including the parking garage, will be constructed with a first finished floor elevation not less than two feet below the flood elevation to which they are adjacent. 17. The applicant will furnish fencing plans for the pool area for review and approval by the City before construction. Fencing will comply with the requirements of ALUO § 18.62.070(K). 18. The project will be constructed in substantial conformance with the plans and specifications approved by the City. 19. The landscaping, street trees, and irrigation be installed as indicated on the approved landscaping plan, with recommendations of the Tree Commission, prior to the issuance of a Certificate of Occupancy. 20. All parking areas shall be paved and improved prior to the issuance of a. Certificate of Occupancy. FINAL ORDER Page 45 Planning Action 91-099 21. The bridge over Water Street shall be widened to 20 feet wide travel surface prior to the issuance of a Certificate of Occupancy. The City shall pursue posting "No Parking" signs along the section of Water Street from the bridge to "B" street. 22. The applicant shall obtain approval from the Oregon State Highway Division for access from the Lithia Way viaduct to the proposed retail/commercial structure. 23. The final fire hydrant and fire suppression facilities shall be installed under guidance and approval of the Ashland Fire Department. All required hydrants shall be installed prior to the commencement of construction with combustible materials. 24. A public access easement shall be provided for the sidewalk proposed for the open space along the creek, allowing public access from Water and Central Streets to the viaduct area. 25. Sidewalks shall be installed along street frontages as indicated on the approved Exhibit 2 site plan. 26. All electrical line and transformer relocations shall be the responsibility of the developer. All relocations, and new service shall be coordinated with the Ashland Electric Utility prior to the commencement of construction. 27. The applicant shall coordinate with the Conservation Division for design ' assistance under the Energy Smart Design program. 28. All signage for this project shall be in conformance with the Ashland Sign Ordinance. 29. The building height for the retail/office building be limited to a maximum height of 40' as defined by the Ashland Land Use Ordinance. Confirmation of building height shall be provided and approved by the Staff Advisor prior to issuance of a building permit for this building. 30. Recycling facilities shall be provided on site to the standards of Ashland Sanitary Service. 31. Low flush toilets and water saving shower heads shall be installed throughout the development. 32. Bicycle pariing shall be provided in accordance with ALUO § 18.92.040. Dated ' 1991. Catherine M.Golden Nan Franklin Mayor City Recorder FINAL ORDER Page 46 Planning Action 91-099 J RESOLUTION NO. 91- A RESOLUTION DECLARING THE CANVASS OF THE VOTE OF THE ELECTION HELD IN AND FOR THE CITY OF ASHLAND, OREGON ON NOVEMBER 5, 1991. WHEREAS, the City Council of the City of Ashland met on the 19th day of November, 1991, at the Civic Center of said City and proceeded to canvass the vote cast at the Election held in and for the City of Ashland on the 5th day of November, 1991; and WHEREAS, the said Council has canvassed the said vote and has determined the number of votes for the measure as follows: General Obligation Bond Authorization Yes 2700 for Water Improvements No 1306 NOW, THEREFORE, be it resolved by the City Council of the City of Ashland as follows: SECTION 1. Measure 15-1, which authorizes General Obligation Bonds for Water Improvements is hereby declared to have passed. The foregoing Resolution was READ and DULY ADOPTED at a regular meeting of the City Council of the City of Ashland on the day of , 1991. Nan E. Franklin City Recorder SIGNED and APPROVED this day of , 1991. Catherine M. Golden Mayor PROCLAMATION I, Catherine M. Golden, Mayor of the City of Ashland, Oregon, do. proclaim that at the election held in the City of Ashland, Oregon on the 5th day of November, 1991, there was submitted to the voters 1 measure related to authorizing General Obligation Bonds for Water Improvements and said measure did pass. Dated at Ashland, Oregon on this 19th day of November, 1991. Catherine M. Golden, Mayor j i =`a City of n this Ashland o v, 0 ns >Z- > F > o COOnrY N o: 6 o: JACKSON ` 0 H 0 d m a m a BocNon $ F m F m G 3 a 3 November 5, 1991 - z a z m 00 00 Pig. 1 eF 1 on9as H co Nnmo er Bnllof NVNEM N Z A"4 Na of Prndnn 15-1 15-1 I nDn ryr 1 -i 2 Q 3 � 4 Q 0 Z M 5 7 V N 6 7 8 -Y 9 X27 10 6� 11 _ - 12 13 0 107 .+ H K ooZ � m -- a N r s 5F U 4 e = e7 3 0% O T Y y N 3 p O TOTAL I certify that the votes recorded on this abstract cor- Signa ure of Coun Clark- Date of Abstract recfly summarize the tally of votes cast at the election _ - / indicated. y1j 14C // (o 9/ ABSTRACT OF VOTES AT GENERAL AND ABSTRAOf OF v6TES AT PRIMARY ELECTIONS: SPECIAL ELECTIONS: Separate sheets for Democratic, RepubOcan, Nonpartisan, and other Votes cast for Governor must be on separate candidates. Page a Pages. Separate sheets for candidates for City, County (including precinct) and State office. For additional instructions see ORS 250.810. For additional Instructions, we ORS 249.410. RESOLUTION NO. A RESOLUTION ADOPTING THE REVISED "SITE DESIGN AND USE GUIDELINES" IN ACCORD WITH ASHLAND MUNICIPAL CODE 18.72.060. WHEREAS, the Ashland City Council has directed the Planning Department to initiate adoption of revised guidelines in support of the Site Design and Use Standards contained in the Land Use ordinance; and WHEREAS, the Ashland Planning Commission duly noticed and held a public hearing on the adoption of the revised guidelines on November 12, 1991 as required in AMC 18.72.060 B.; and WHEREAS, the Guidelines are an essential part of the City of Ashland's Site Review Process and are necessary for the implementation of the approval criteria for a Site Review; and WHEREAS, the revision of the Guidelines is a necessary act to enhance and protect the character of development of Ashland. NOW THEREFORE BE IT RESOLVED BY THE CITY OF ASHLAND AS FOLLOWS: SECTION 1. The Site Design and Use Guidelines used in conjunction with the Site Design and Use Standards - AMC 18.72 - are hereby replaced in their entirety with the revised Guidelines attached as "Exhibit A". The foregoing Resolution was READ and DULY ADOPTED on the 19th day of November, 1991. Nan E. Franklin City Recorder SIGNED and APPROVED this day of November, 1991. Catherine M .Golden Mayor Contents of Record for Ashland Planning Action 91-159 REQUEST FOR MODIFICATION AND COMPLETE REPLACEMENT OF THE SITE DESIGN AND USE GUIDELINES, USED TO IMPLEMENT THE SITE DESIGN AND USE STANDARDS ORDINANCE - AMC 18.72. APPLICANT: CITY OF ASHLAND . - Planning Department Staff Report 9/10/91 . . . . . . . . . . . . . . . . . . . . . . . . 1 - Site Design and Use Guidelines . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . 3 A a 4 I R, r I a ASHLAND PLANNING DEPARTMENT STAFF REPORT November 12, 1991 PLANNING ACTION: 91-159 APPLICANT: City of Ashland ORDINANCE REFERENCE: 18.72.060 Site Design Guidelines REQUEST: Revision and complete replacement of the Site Design and Use Guidelines, used to implement the Site Design and Use Standards ordinance. I. Relevant Facts 1) Background - History of Application: This change is in response to a request by the City Council. See memo from John Fregonese to the City Council regarding large commercial developments. 2) Detailed Description of the Site and Proposal: The Guidelines have remained essentially the same, however, much of the language, which has been passive, such as "shoulds", has been modified to "shalls", making a mandatory standard. Additions have been made to the document also. These include additional street tree requirements, water conserving landscaping requirements, Ashland Street design guidelines, and Downtown development guidelines. H. Project Impact The Site Design and Use Guidelines have been the cornerstone of site plan review for the City since their inception. And the City has been very successful and implementing the guidelines. However, we believe that adding additional mandatory language will increase the successfulness of the implementation of the Guidelines. The mandatory language will also assist in complying with the State's new Transportation Rule. Many of the concepts implemented by the Guidelines, also implement the Transportation Rule -- pedestrian access, building orientation, and "modal equity". The newly added sections will also provide needed information, such as the water conserving landscape standards and design guidelines for Ashland Street and Downtown. P j The City Council has requested that these Guidelines be adopted relatively quickly, as part of interim measures to provide additional guidance for large scale development. Therefore, we are presenting the Guidelines in the same form as handed out several months ago. As part of the upcoming Commercial POD modifications (see attached memo) further modifications will be proposed for the Guidelines, and additional changes will be made. Those modifications will then again come before the Commission for review and adoption. III. Procedural -Required Burden of Proof Ashland Municipal Code 18.72.060 B. requires the Planning Commission to hold a public hearing regarding the amendment to the Guidelines prior to adoption of the Guidelines by the City Council by resolution. W. Conclusions and Recommendations Staff recommends approval of the Site Design and Use Guidelines as presented here. o 4 PA91-159 Ashland Planning Department -- Staff Report City of Ashland November 12, 1991 Page 2 9��5s , CITY OF ASHLAND STE DESIGN AND USE GUIDELINES l sr Dwur REviswN: 1991 1 1 t SITE DESIGN AND USE GUIDELINES DRAFT Rev. #1, Jua 16, 1991 Design,layout,and co-authored by.. John A.Fregonese,Planning Director Steven A.Calfee;Assistant Planner Cover by: Doreen E. Walsh illustrations by: Beth Bardossi Adopted by resolution of the Ashland City Council July; 1991. The authors wish to give recognition to the Ashland Planning Commission, Citizens Planning Advisory Committee, Historic Commission, and Tree Commission for the hundreds of hours reviewing, editing, and contributing toward the development of these Standards. 0, ! L _a TABLE OF CONTENTS INTRODUCTION ...............................................................1 Section I - SITE DESIGN CONCEPTS Analyzethe Site.........................................................................3 Functional landscaping...........................................................5 OutdoorSpace...........................................................................9 Crime Prevention and Design...............................................1i Parldng Area Landscaping and Design...............................14 StreetTrees...............................................................................15 Section 11 - STANDARDS AND POLICIES Ordinance Landscaping Requirements ...............................19 Landscaping and Site Design Standards Multi-family Residential Development ...............................19 Commercial and Employment Development.....................22 Industrial Development.........................................................25 Parldng Lot Landscaping and Screening............................ 28 Street Tree Standards..............................................................29 Section III - DROUGHT TOLERANT LANDSCAPING Section IV - HISTORIC DISTRICT DEVELOPMENT Development in Ashland's Historic District......................37 -. Rehabilitation and Remodel Standards ..............................39 - Historic Design Standards................................................... 40 Section V - ASHLAND STREET Section VI - DOWNTOWN DISTRICT u t SECTION 1; SITE DES/GN CONCEPTS do yol d � a f1... ao I l 2 k d i ANALYZE THE SITE - The first step in any project is to analyze the site and design the project lNTO the site.This is especially important in Ashland with its many unique features.Where one site may contain steep slopes and signifi- cant existing vegetation,another site may have high.ground water, intermittent streams, magnificent views, or obnoxious neighboring uses.Because all sites vary in some manner,it is important to consider as many physical features as possible.The most common mistake of site layout and analysis is to conceive and design the project in a vacuum and then try to manipulate the site and the regulations to fit the preconceived idea.This may be possible in some cities which have little terrain diversification,but is a sure source of conflict in Ashland. The best course of action is to analyze the site before the project is designed and let this knowledge influence the final design. A site analysis shall begin with a constraints inventory.A constraints inventory includes such things as permitted uses for the particular parcel,setbacks required, solar access, easements, location of flood plains,excessive slopes,poor soils,and site accessibility.Also included in a constraints inventory shall be proximity to off-site negative impacts such as excessive noise from traffic or other fixed features. It is also necessary to identify a site's good qualitiesand to incorporate them into the site plan. The location of good views,breezes,gentle slopes, potential noise barriers and existing vegetation can prove invaluable forthe final site location.Asiteanalysis and inventory shall record the following. 1. Topography 7. Good&objectionable views _ 2 Existing trees 8. Natural drainage ways 3. Utility locations 9. Solar access 4. Prevailing storm winds 10. Cool summer breezes 5. Good&poor soils 11. Off-site undesirable activities 6. Access to the site 12 Other pertinent characteristics In addition to a site analysis you should be aware that the City also has a number of regulations designed to protect the project's neighbors from as many adverse affects of the project's development 3 r Q and use as possible.These regulations,along with the discretionary and public process of the site review, are designed to preserve Ashland's unique urban character,and enhance the City's beauty. FUNCTIONAL LANDSCAPING Ashland's adoption of landscaping standards in the early 1970's has made a dramatic difference in the appearance of the City. Major gateways to the City and key travel routes through the City 1 VA"I ® k WO' 1 10. Yi o Slow .v 1 arm eica rk A✓ca and its urbanized areas give a lasting impression to the visitor and resident alike.Because of this,Ashland's landscaping requirement for multi-family,commercial,and industrial uses is one of the most scrutinized areas of a site review. Trees,shrubs,and living ground cover provide shade and shelter, - aid in energy conservation and moderate the local climate in developed areas.Plants eliminate pollutants from the air we breathe . and maintain physical health and mental equilibrium by fulfilling an instinctive need for contact with the natural environment. Because trees and plants serve in these capacities,they can be used { for architectural,engineering,and climatological purposes which add to the aesthetic atmosphere of an area.The functional uses of 4 ' tl plants are theirability to control sound and light,to articulate space for privacy,to block wind and to lessen the effects of solar radia- tion.Local landscape professionals are a useful source of informa- tion which can help achieve these benefits at very little cost. USING NATURE To CONTROL CLIMATE Temperature control is possible through the manipulation of cli- matic forces. For example, providing shade while not restricting wind can cool an area considerably. Controlling the wind while allowing the sun's rays to penetrate will yield a much warmer area. Ashland's climate can best be described as temperate with a twist of extreme conditions where both under-and over-heated condi- tions exist during the year.Sven though the average temperatures are temperate,the record lows and highs for each month indicate that such temperature extremes do occur.These extremes will have an effect upon the success of landscaping.Often,plants which do well in one part of Ashland may do poorly just a few blocks away because they are exposed to extreme temperatures and winds. Local nurserymen know which plants do well and should be consulted if there is any doubt of a plants' success. Prevailing surface winds in the Ashland area vary with the seasons. During thesummer,cooling winds travel from the northwest up the Rogue Valley during the day,while in the eveningcool winds travel down the canyons in the Siskiyous and Cascades from a south and southeasterly direction. In the winter,cool winds travel from the south and south east on overcast days and brisk winds travel from the northwest on cleardays.Site design considerations should take- into effect the cool summer breezes and brisk winter winds. For example, steeply pitched roofs on the windward side can reflect wind and reduce the wall area affected by the winds. The use of garages and storage areas on northern exposures will reflect wind,making a dwelling much more comfortable during cool periods. The protection of northern entrances with earth mounds, evergreens, walls and fences will also accomplish this effect. 5 d ARCHITECTURAL & ENGINEERING USES Plants,because they are alive,are dynamic in density and charac- ter-growing and changing daily,seasonally,and yearly.A single plant standing alone may block or interrupt a view. A group of plants planted in sequence may form a wall which blocks or screens a view.The variability and character of the layers formed by growing plants is determined by the density,height,volume, and width of the plants chosen to make up the architectural element. r The spacing of the individual plants when used in a mass or grouping determines the opacity or translucency of the plantings. The character of plants, coupled with the predictable nature of their known form and growth rate,enables experienced landscap- ers to select plants according to the density of the walls,canopies or layers which are desirable for the particular situation. A grouping of plants having similar form and density may be used to create a uniform screen to filter a view. A grouping of mixed plants with different forms, shapes, densities and heights, can _ produce an infinite variety of view filtration. The form, texture, color and density, of a plant as well as the manner in which it is used,determines the ability of a plant or a mass planting to become an architectural element. Plants may stand alone,in a group with others of the same variety,or may be grouped with other varieties in endless combinations to form architectural elements. Since plants have architectural potential and can be used to create architectural elements, their functions may be characterized for space articulation,buffering and screen- 6 ing,and privacy control. SCREENING Screening is visually blocking out that which is unsightly with somethingmoreharmonious(orlessoffensive).Wearesurrounded in our contemporary environment with areas,activities,and ob- jects we would rather not see.We screen or hide these parts of our environment to make them less objectionable and the total envi- ronment more acceptable.Screening is a means of providing visual control through view direction and negation of ugliness simply by hiding it. Screening implies isolation,confinement,and conceal- ment of the unwanted,while allowing free access to the remainder of the landscape.The size of an object or type of activity together . with its relative distance from the viewer is the determining factor in screening. An analysis of the site will reveal the direction from which screen- ing is needed. The angle of view or approach may dictate the sequence or.distance of spacing of the elements for effective screening.The speed of movement past an offensive view plays a determining role in the selection of the most effective screening method. Generally, the faster the movement past the view, the more widely the screening materials may be spaced. The height, the distance,and location of the viewer are the determining factors in the use and placement of the screening element. i BUFFERING Buffering is a means to visually protect and separate conflicting uses from one another. Areas where buffering is required are referred to as buffer zones. Buffer zones can be looked upon as engineering devices to control noise and filter air. In addition, . buffer zones can provide a transition from one type of privacy level to another. Plant materials in combination provide the ingredients for buffer zones to condition the air and abate noise. As a filter, plants condition and cleanse our air.Some of the ways which plants act in doing this are similar to those of commercial interior air condition- ers which cleanse,heat,cool,humidify,dehumidify and circulate air. Plants also absorb sound. The vibrations of sound waves are absorbed by leaves,branches,and twigs of trees and shrubs. The most effective plant for absorbing noise is one which has many thick fleshy leaves. Lower growing plants located near the noise source and graduat- ing in height toward the listener direct unwanted noise away and upward from the listener.For year-around effectiveness,a narrow planting requires a greater portion of evergreens than does a wide planting. Plants that grow more densely are best used for sound I control. The width of planting is also a decisive factor. Plantings }, used to control noise also have psychological advantages which actually magnify their buffering effectiveness. A Where buffer zones are limited in area,a combination of planting, jll 8 C, V earth forms, and architectural structures can be effective. An _ example would be a masonry wall with a dense evergreen hedge at a height relative to the noise source.An additional advantage is gained by planting the wall with ivy or other vines.Other solutions include suppressing the noise itself and the use of landscaped berms to reflect the noise upward. OUTDOOR SPACE PRIVATE OUTDOOR SPACE Private outdoor spaces provide a necessary extension of indoor living spaces. Major considerations include privacy, view and spatial requirements for outdoor activity. The most satisfactory private outdoor spaces are on ground level. Successful outdoor living areas are attached to dwellings to the extent necessary to define the areas as either semiprivate or private.The articulation of an outdoor space will determine its usefulness and safety, although other aspects play an important role. Access to the sun and the materials used to construct these areas are important. People are attracted to areas with sun, therefore, spaces with sun tend to be used more often.Decks and balconies with no solar access or view tend to become places for outdoor storage and become visually unpleasing. The private outdoor space should provide areas for quiet relaxation,a catnap,reading a book or newspaper and for outdoor cooking and dining. I r l sl NUNN 9 r it i Y r+� 1 r i SI SHARED OUTDOOR SPACE I Many of the same ingredients necessary to provide successful private outdoor spaces are needed for successful shared spaces. The main difference is access to the area by more than one person or unit. Shared open spaces should provide for both active and passive activities.Passive activities include areas for quiet conver- sation,resting,walking,and enjoyment of nature and scenery for young and old alike. Active uses include sports such as croquet, volleyball,and frisbee. Active areas should be large and level so that a variety of sports can _ _be enjoyed by all.Additionally,the surface of these areas should be compatible for the activity for which they were designed. For example,turf for basketball or concrete for soccerare incompatible surfaces which would cause personal injury and receive little use. Play areas for young children should be included in outdoorspace and should be designed to promote their mental and physical development. Again,as much care should go into the design of these outdoor spaces as goes into the interior of the dwelling. 10 j CRIME PREVENTION AND DESIGN Ashland is blessed with a relatively low crime rate.One reason for . this is that the open neighborhoods of the city allow for surveil- lance of potential trouble spots,such as vacant homes and the like. Opportunities for crime can be exacerbated by poor site layout.It is important to consider this fact of modern life in designing projects,whether they be residential,commercial,or industrial. Historically,design for crime prevention is usually thought of as the application of heavy hardware such as bars, fences, and security stations.This is not always the most desirable approach as it gives the impression of a forbidding fortress.Opportunity,the major crime factor, can be greatly reduced through sound site layout and design.Considerations for crime prevention should be included at project's inception instead of relyinguponaftermarket hardware. DEFENSIBLE SPACE In residential areas, the concept of defensible space should be employed to reduce the opportunity for crime.Defensible space is a term used to describe a series of design characteristics that maximize resident's control of behavior.Defensible space defines . areas as being either public,semi-public,semi-private or private. In doing so,it determines who has the right to be in each space and allows residents to be confident in controlling activity in that space. Residents are encouraged to extend their private realm which results in a sense of responsibility toward the care and- maintenance of these areas. decks patios • private yards •Shared • .Service Areas Outdoor Areas living space .Parking •Passive& ,Shared Entry Active .Outdoo Rec c� entry ways•front yards ' reation street • sidewalk I A series of techniques can be used to create defensible space and, subsequently, reduce crime. It is necessary to define the zones of privacy with real and symbolic barriers and to establish zones of influence by allowing residents to extend their private realms. These techniques consist of subdividing a project or building to limit access, improve neighbor recognition and surveillance op- portunities. The provision of defensible space mechanisms is best achieved at a project's inception because it involves major decisions with respect to project design. Defensible space mechanisms should utilize various elements of site layout and architectural design through the articulation and design of outdoor spaces, grouping and positioning of unit paths, windows, stairwells, doors, and vegetation. REAL & SYMBOLIC BARRIERS One method of limiting access is to use a physical barrier,such as afence,to prevent potential criminal from entering an area.While no barrier is impregnable, physical barriers of this type are real and,therefore,relatively difficult to overcome. It is also possible to use psychological or symbolic barriers which, while presenting no physical restriction,discourage criminal be- havior by making an obvious distinction between a resident and a stranger or intruder and bringing all activity under more intense surveillance. Improved neighbor recognition plays a key role in defining psychological barriers. It allows neighbors to recognize — one another and a potential criminal would not only be seen,but be _ perceived as an intruder. tt �; i L"�iawEeude�4Lm.fin+Cr��E:irrl nailer}w�x�nfiimmT�t��si"zxs'!e_+I+ 12 I 4 Real barriers require entrances to possess a mechanical opening device such as a key or a combination. Symbolic barriers define areas psychologically preventing intrusion.The success of sym- bolic versus real barriers in restricting entry varies from person to person and is dependent upon several conditions. A successful symbolic barrier may include many features such as a short run of steps,a change in the texture of a surface,a change in the level of light,an open gate or low wall,or anything that will call attention to the fact that one is moving from one kind of an area to another; one that is private and under the control and surveillance of the users of the site. In commercial areas where adjacent residences exist,rely on the neighborhood to be the eyes and ears which will report any suspicious activity to the police. Where the project is adjacent to heavily traveled streets,the traffic in the area will serve to detract from any criminal activity in public view.Avoid situations which will allow criminals to enter a building out of view of the main traffic flow.In areas which do not have much traffic after working hours,sensitive areas should be easily observable from the street. Areas where criminals can conceal themselves should be avoided 13 i — PARKING AREA LANDSCAPING & DEstGN From both an aesthetic and practical view,parking area landscap- ing and design is an important consideration for all types of development. Because parking areas are usually large in size to accommodate cars and trucks they are insensitive and domineer- ` ingtothehuman scale. Additionally,noise,light,heat,and exhaust 9 odors are commonlyassociated with parking areas.These ill effects associated with parking areas can be mitigated through good design and well placed landscaping.For example,large canopied trees placed among the parking stalls can greatly reduce a parking area's temperature while making the auto much more comfortable for human use during warm summer days.The provision of screen and buffer landscaping, such as berms landscaped with shrubs, hedges, and trees around the perimeter of a parking area will greatly lessen the noise,light,and unsightliness of the parking area to its neighbors.Automobile access entering and exiting the park- ingarea should bedesigned to provide quickand simpleaccess and — facilitate circulation. Landscaping in vision clearance areas should consist only of low - growth varieties to ensure safe access from the facility to the street. The use of wheelguards will assist circulation and protect land- scaping from damage by autos. 14 3 STREET TREES Since the implementation of the City's street tree program, a dramatic change has occurred along Ashland's streets and in its urban environment.Often a tree along a street is only appreciated for its physical beauty;however,street trees perform many other important functions. Street trees absorb noise and light from automobiles and cleanse the air we breathe.Street trees add a rural character to the urban environment and fill an instinctive need for human contact with natural elements. Street trees create a canopy over streets and sidewalks, provide shade during summer months and decrease the warm climatic effects from sunlight striking the pavement. Because deciduous trees change color with the seasons and drop leaves during the winter, they are preferred street trees. Winter leaf drop is espe- cially important because it allows solar access which decreases energy consumption . 15 I Section il; STANDARDS & POLICIES ORDINANCE LANDSCAPING REAu1REMEws The following percentages of landscaping are required for all properties falling under the Site Design and Use Standards. ZONE LANDSCAPING PERCENTAGE R-2 35% R-3 25% C-1 15% C-1D 10% E-1 15% M-1 10% These percentages are the minimum required. At times, more landscaping is required to meet the needs of other sections of the Site Review Ordinance,such as screening of parking areas,land- scaping of setback areas,and providing usable outdoor space. In general,all areas which are not used for building or parking areas are required to be landscaped.You should also be aware that,as a condition of approval of your project, you will be required to submit a site and species specific landscape plan to the Planning Division for Staff Advisor approval. LANDSCAPING AND SITE DESIGN STANDARDS Mum-FAMILY RESIDENTIAL DEVELOPMENT For new multi-family residential developments, careful design considerations must be made to assure that the development is compatible with the surrounding neighborhood.For example,the use of earth tone colors and wood siding will blend a development into an area rather than causing contrast through the use of overwhelming colors and concrete block walls. Landscaping in residential areas is basically of three types;decora- tive landscaping such as in front yard setbacks, screening land- scaping such as is adjacent to parking areas,and landscaping of R 16 outdoor recreational spaces. Each type has its own unique design criteria. Decorative landscaping gives the designer a freer hand in the design than the other two types.These areas shall contain a variety of trees,shrubs, and groundcover. They must be designed to be 90%covered by vegetation in 5 years. Extensive use of flowering varieties of trees, shrubs, and ground cover to provide seasonal color, as well as a selection of plants with some fall color is recommended. Included with this type of landscaping is the street tree.This subject is treated in greater depth in the Street Tree section.The purpose of the street tree is to form a deciduous canopy over the street. The same effect is also desired in parking lots and internal circulation streets.Rows of street-type trees should be included in these areas where feasible. I POLICY: Multi-family residential development shall conform to the following design standards: A) ORIENTATION: 1) Residential buildings shall have their primary orien- tation toward the street when they are within 20 to 30 feet of the street. 2) Buildings shall be set back from the street according to ordinance requirements,which is usually 20 feet. 3) Buildings shall be accessed from the street and the sidewalk.Parking areas shall not be located between buildings and the street. . — B) STORAGE: 1) Multi-family residential development shall provide one sheltered parking space per residential unit for . bicycle storage. 2) Storage space should be provided for residents'other personal belongings. 17 d C) STREETSCAPE: 1) One street tree for each 30 feet of frontage, chosen p from the street tree list,shall be placed on that portion of the development paralleling the street.Where the d size of the project dictates an interior circulation street pattern, a similar streetscape with street trees is re quired. R 2) Front yard landscaping shall be similar to those found in residential neighborhoods, with appropriate changes to decrease water use. D) LANDSCAPING: I 1) Landscaping shall be designed so that 50%coverage occurs at installation and 90%landscaping coverage woccurs within 5 years. G 2) Landscaping design shall include a vari ety of decidu- ous and evergreen trees and shrubs and flowering plant species. 3) As many existing healthy trees and shrubs on the site shall be saved as is feasible. 4) Buildings adjacent to streets shall be buffered by landscaped areas of at least 10 feet in width. 5) Parking areas shall be shaded by large canopied deciduous trees and shall be adequately screened and _ — buffered from adjacent uses. - 6) Irrigation systems shall be installed to assure land- scaping success. Refer to Parking Lot Landscaping and Screening Standards for more detail. E) OPEN SPACE: 9 1) An area equal to at least 8% of the lot area shall be dedicated to open space for recreation for use by the �j 8 tenants of the development. r F' J 2) Areas covered by shrubs,bark mulchand otherground covers 'which do not provide a suitable surface for human use may not be counted toward this require- ment. 3) Decks,patios,and similar areas are eligible for open space criteria. Play areas for children are required for projects of greater than 20 units that are designed to include families. F) NATURAL CLIMATE CONTROL: 1) Utilize deciduous trees with early leaf drop and low bare branch densities on the south sides of buildings which are occupied and have glazing for summer shade and winter warmth. G) BUILDING MATERIALS: 1) Building materials and paint colors should be com- patible with the surrounding area. Very bright or neon-type paint colors which attract attention to the building or use are unacceptable. H) CRIME PREVENTION AND DEFENSIBLE SPACE: Parking layout-Parking for residents shall be located so. that distances to dwellings are minimized. However, avoid designs where parking areas immediately abut dwelling units because there is little or no transition- from public to private areas. Parking areas shall be easily visible from adjacent areas and windows. Orientation of windows-Windows shall be located so that vulnerable areas can be easily surveyed by resi- dents. Service and Laundry areas-Service and laundry areas should be located so that they can be easily observed by others.Windows and lighting should be incorpo- rated to assure surveillance opportunities.Mailboxes 19 should not be located in dark alcoves out of sight. Barriers to police surveillance such as tall shrubs and fences should be avoided. Hardware-Reliance solely upon security hardware in lieu of other alternatives is discouraged . Lighting-Site development should utilize lighting pru- dently.More lighting does not necessarily mean bet- ter security.Lighting should be oriented so that areas vulnerable to crime are accented. Landscaping-Plant materials such as high shrubs should be placed so that surveillance of semi-public and semi-private areas is not blocked.Thorny shrubs will discourage crime activity. Low shrubs and canopy trees grill allow surveillance,hence,reduce the poten- tial for crime. RESIDENTIAL DEVELOPMENT CONCEPT SKETCH Evergreen trees provide VIC screening Locate parking yew-around areas at rear of lot wo and use double- ti loaded parking iP Semi-public stall design to °� reduce asphalt � . on coverage $o � r space t 1— Private outdoor space Offset buildings and vary roof i lines to create ^ Transition interest U zonesdefiirie space Deciduous street trees allow winter sun Orient buildings for penetration and provide summer shade solar access COMMERCUIL AND EMPLOYMENT DEVELOPMENT Commercial and employment developments should have a posi- tive impact upon the streetscape.For example,buildings made of 20 i I metal or concrete or painted with bright primary colors used to _ attract attention create an undesirable effect upon the streetscape. Landscaping and site design for commercial and employment zones is somewhat different from that required for residential zones.The requirement for outdoor spaces is,of course,much less. The primary function is to improve the project's appearance, enhance the City's streetscape, lessen the visual and climatic impact of parking areas, and to screen adjacent residential uses from the adverse impacts which commercial uses may cause. One area in which Ashland's commercial development differs 9 from that seen in many other cities is the relationship between the street,buildings,parking areas,and landscaping.The most com- mon form of modern commercial development is the placement of a small buffer of landscaping between the street and the parking area, with the building behind the parking area at the rear of the parcel with loading areas behind the building.This may be desir- able for the commercial use because it gives the appearance of ample parking forcustomers,however,the effect on the streetscape is less than desirable because the result is a vast hot,open,parking area which is not only unsightly but results in a development form which the City discourages. A The alternative desired in Ashland is to design the site so that it makes a positive contribution to the streetscape and enhances pedestrian and bicycle traffic. This is accomplished through the following policy. II POLICY: Development in commercial and employment' zones shall,whenever possible,conform to the ._ following: A) ORIENTATION: 1) Commercialbuildings shall have their primary orien- tation toward the street rather than the parking area. Buildings shall be accessed from the street and the + sidewalk. 2) Buildings that are within 30 feet of the street shall 21 1 have a access for pedestrians directly from the street to the building interior. This access shall be designed to be attractive and functional,and shall be open to the public during all business hours. 3) Any walls which are within 30 feet of the street shall contain at least 10%of the wall area facing the street in display areas,windows,or doorways.Blank walls which are within 30 feet of the street are prohibited. B) STREETSCAPE: 1) One street tree chosen from the street tree list shall be placed for each 30 feet of frontage for that portion of the development paralleling the street. 2) Where the size of the project dictates an interior cirailation street pattem,a ministreetscape with street trees is required. 3) Commercial buildings in areas dominated by resi- dential structures shall imitate building setbacks and front yard landscaping patterns established by the residential area. C) LANDSCAPING: 1) Landscaping shall be designed so that 50%coverage occurs at installation and 90%landscaping coverage occurs after 5 years. 2) Landscaping design shall use a variety of deciduous and evergreen trees and shrubs and flowering plant species. 3) Efforts shall be made to save as many existing healthy trees and shrubs on the site as possible. 4) Buildings adjacent to streets shall be buffered by landscaped areas about 10 feet in width. Outdoor 22 storage and service areas shall be screened and buff-_ - ered,especially when adjacent to residential uses. 5) Irrigation systems shall be installed to assure land- scaping success. D) PARKING: 1) Parking areas shall be located behind buildings or on one or both sides. Y 2) Parking areas shall be shaded by large canopied deciduous trees and shall be adequately screened and buffered from adjacent uses. 3) Adequate pedestrian paths across and around park- ing areas shall be provided for parking areas greater than 100 feet in any dimension. 4) Bicycle parking is required and should be as close as possible to building entrances. 50%of the provided bike parking spaces shall be covered for weather protection. Refer to Parking Lot Landscaping and Screening Standards for more detail. E) NATURAL CLIMATE CONTROL: 1) Maximize the warming effect of solar radiation in winter months and maximize shade in the summer" months.Utilize deciduous trees with early leaf drop _ and low bare branch densities on the south sides of - buildings for summer shade and winter warmth. Reduce the impact of winter winds and maximize the cooling effect of summer breezes. F) NOISE AND GLARE: 1) Special attention to glare(AMC 18.72.110)and noise . (AMC 9.08.1 70(c) & AMC9.08.175)shall be consid- ered.in the project design to alleviate any future, foreseeable problems. 23 i i G) BUILDING MATERIALS: 1) Building materials and paint colors shall be compat- ible with the surrounding area. Buildings made of unadorned tilt-up concrete,concrete block,or metal siding are not acceptable. 2) Concrete and metal buildings that will be visible from adjacent streets shall have brick,wood,or imitation rock facades.Avoid extensive use of glass as building skin. Bright paint colors used to attract attention to the building or use are unacceptable. H) CRIME PREVENTION: Hardware -Reliance solely upon security hardware in lieu of other alternatives is discouraged . Lighting - Site development shall utilize lighting pru- dently.More lighting does not necessarily mean bet- ter security. Lighting shall be oriented so that areas vulnerable to crime such as storage and service areas are accented. Landscaping-Plant materials such as high shrubs shall be placed so that surveillance of vulnerable areas is not blocked. Thorny shrubs will discourage crime activity. Low shrubs and canopy trees will allow - — surveillance,hence,reduce the potential for crime. Orientation of windows-Windows shall be located so that vulnerable areas can be easily surveyed by oth- ers. 24 I - CONCEPT SKETCH FOR COMMERCw & EMPLOYMENT DEVELOPMENT ' t >49f� i • 4{� Screen&buffer n parking areas Employee parking in rear with evergreen Provide trees&shrubs outdoor open space for. r • t Overload park- employees I ng for visitors Varied roof 0 and employees pitches g1y. d building facades Visitor parking create interest I introntfor con- +' venience I Building Evenly should beorientedtowardthestreet spceddeciduous street trees main- rather than the parking area tain the streetscape I INDUSTRIAL DEVELOPMENT ` Landscaping in industrial zones(this includes industrial parks or areas of industrial use zoned Employment) is similar to that required for commercial and employment areas except for the requirement to separate traffic on site,such as visitor,employee,_ and truck.This often necessitates a visitor parking area between the building and the street.The emphasis in industrial areas is t� present an attractive view from the street while screening the less attractive areas from the street view. The areas which.may be included in the category for screening include outdoor storage areas,outdoor working areas,large parking areas,and shipping and receiving areas. 25 III POLICY: Development in industrial and employment zones shall;whenever possible,conform to the following: A) ORIENTATION: 1) Industrial buildings shall have their primary orienta- tion toward the street rather than the parking area. Buildings shall be accessed from the street and the sidewalk. 2) Buildings within 30 feet of the street shall provide doorways for access to the building directly from the street. 3) At least 5%of walls facingand within 30 feet of a street shall be in windows or doorways. B) STREETSCAPE: 1) Street trees from the street tree list shall be'placed at 30 foot intervals for that portion of the development paralleling the street. 2) Where the size of the project dictates an interior circulation street pattern,a mini-streetscape with street trees is required. C) LANDSCAPING: - - I) Landscaping shall be designed so that 50%coverage _ - - occurs at installation and 90%landscaping coverage occurs after 5 years. 2) Landscaping design shall use a variety of deciduous and evergreen trees and shrubs and flowering plant species. 3) Efforts shall be made to save as many existing healthy trees and shrubs on the site as possible. 26 4 � 4) Irrigation systems shall be installed to assure land- scaping success. 5) Buildings adjacent to streets shall be buffered by landscaped areas about 10 feet in width Outdoor storage and service areas shall be screened and buff- ered,especially when adjacent to residential uses. D) PARKING: j 1) Parking areas shall be located behind buildings or on one or both sides. 2) Parking areas shall be shaded by large canopied deciduous trees and shall be adequately screened and buffered from adjacent uses. 3) Bicycle parking is required and should be as close as possible to building entrances. 50%of the provided bike parking spaces shall be covered for weather protection. 4) Customerand visitorparkingshallbe easilyaccessed. Refer to Parking Lot Landscaping and Screening Standards for more detail. E) NATURAL CLIMATE CONTROL 7) MaY9mizp the warming effect of solar radiation in- winter months and maximize shade in the summer months.Utilize deciduous trees with early leaf drop-. and low bare branch densities on the south sides of buildings for summer shade and winter warmth. Reduce the impact of winter winds,but maximize the cooling effect of summer breezes. i g i E 27 a F) NOISE AND GLARE: 1) Special attention to glare(AMC 18.72.110)and noise (AMC 9.08.1 70(c) & AMC9.08.175)shall be consid- ered in the project design to alleviate any future, foreseeable problems. G) BUILDING MATERIALS: 1) Building materials and paint colors should be com- patible with thesurroundingarea. Bright paint colors which attract attention to the building or use are unacceptable. H) CRIME PREVENTION: Hardware -Reliance solely upon security hardware in lieu of other alternatives is discouraged . Lighting-Site development should utilize lighting pru- dently.More lighting does not necessarily mean bet- ter security. Lighting shall be oriented so that areas vulnerable to crime such as storage and service areas are accented. Landscaping-Plant materials such as high shrubs shall be placed so that surveillance of vulnerable areas is not blocked. Thorny shrubs will discourage crime , _ activity. Low shrubs and canopy trees will allow surveillance,hence,reduce the,potential for crime. — 28 I INDUSTRIAL DEVELOPMENT CONCEPT SKETCH t Nit? Use �)► U61hy evergreen Keep Screened outdoor Bu lding trees& intensive shrubs uses in storage area whh berm rear of she I I to screen I 13 buffer Locate employee Provide parking In outdoor I rear of site - open space for ® I employees Use i Retain un- attractive I she natural materials I I features on exposed CustomerNisitor Parking I such as building U c9 a �� L trees& facades rocks and .Deciduous street trees utilize them in the she design PARKING LOT LANDSCAPING AND SCREENING STANDARDS f IV POLICY: All parking lots,which for purposes of this s e c- tion include areas of vehicle maneuvering, park- ing,and loading,shall be landscapedand screened as follow: A) SCREENING AT REQUIRED YARDS: — 1) Parking abutting a required landscaped front or ex- terior yard shall incorporate a sight obscuring hedge screen into the required landscaped yard- 2) The screen shall grow to be at least 36 inches higher than the finished grade of the parking area,except for required vision clearance areas. 29 I 3) The screen height maybe achieved by a combination of earth mounding and plant materials. 4) Elevated parking lots shall screen both the parking and the retaining wall. .B) SCREENING ABUTTING PROPERTY LINES: 1) Parking abutting a property line shall be screened by a 5 landscaped strip.Where a buffer between zones is required,the screening shall be incorporated into the required buffer strip, and will not be an addi- tional requirement. C) LANDSCAPE STANDARDS: 1) Parking lot landscaping shall consist of a minimum of 7%of the total parking area plus a ratio of 1 tree per ten parking spaces to create a canopy effect. 2) The tree species shall be an appropriate large cano- pied shade tree and shall be selected from the street tree list to avoid root damage to pavement and utilities,and damage from droppings to parked cars and pedestrians. 3) The tree shall be planted in a landscaped area such that the tree bole is a least 2 feet from any curb or paved area. — 4) The landscaped area shall be planted with shrubs = - and/or living ground cover to assure 80%coverage within 2 years. 5) Landscaped areas shall be evenly distributed throughout the parking area and parking perimeter at the required ratio. 30 I • , 1 6) That portion of a required landscaped yard; buffer. . strip or screening strip abu fling parking stalls may be counted toward required parking lot landscaping but only for those stalls abutting landscaping as long as the tree species,living plant material coverage and placement distribution criteria are also met.Front or exterior yard landscaping may not be substituted for the interior landscaping required for interior parking stalls. y D) RESIDENTIAL SCREENING: 1) Parking areas adjacent to residential dwelling shall be set back at least 8 feet from the building,and shall provide a continuous hedge screen at least 3' in height,in an area Fin width. E) WHEEL GUARDS: 1) Parking lot landscapingshall beprotected from dam - q age by secured wheel guards to prevent vehicles from entering into landscaped areas. } F) HEDGE SCREENING: 1) The required hedge screen shall be installed as fol- low: a) Evergreen shrubs shall be planted so that 50%of the desired screening is achieved within 2 years.. 100%within 4 years. - b) Living groundcover in the screen strip shall be planted such that 100% coverage is achieved within 2 years. f i 31 G i G) OTHER SCREENING: 1) Other screening and buffering shall be provided as follow: Refuse Container Screen.Refuse containers or dis- posal areas shall be screened from view by place- ment of a solid wood fence or masonry wall from five to eight feet in height. All refuse materials shall be contained within the refuse area. Service Corridor Screen.When adjacent to residen- tial uses,commercial and industrial service corri- dors shall be screened.Siting and design of such service areas shall reduce the adverse effects of noise,odor and visual clutter upon adjacent resi- dential uses. Light and Glare Screen. Artificial lighting shall be SO arranged and constructed as to not produce direct glare on adjacent residential properties or streets. STREET TREE STANDARDS V POLICY: All developmentfrontingonpublicorprivatestreets shall be required to plant street trees in accordance with the following standards and chosen from the - — recommended list of street trees found in this sec- Hon. — A) LOCATION FOR STREET TREES: 1) Street trees shall be located outside of street right-of- way except in cases where there is a designated planting strip in the right-of-way. 32 i I I B) SPACING, PLACEMENT, AND PRUNING OF STREET TREES: 1) All tree spacing may be made subject to special site conditions which may, for reasons such as safety, affect thedecision.Anysuchproposedspecialcondi- lion shall be subject to the Staff Advisor's review and approval The placement, spacing, and pruning of street trees shall be as follow: a) Street trees shall be placed at the rate of one tree for every 30 feet of street frontage.Trees shall be evenly spaced, with variations to the spacing permitted for specific site limitations, such as driveway approaches. b) Trees shall not be planted closer than 25 feet from the curb line of intersections of streets or alleys, and not closer than 10 feet from private drive- ways (measured at the back edge of the side- walk),fire hydrants,or utility poles. c) Street trees shall not be planted closer than 20 feet to light standards. Except for public safety, no new light standard location shall be positioned closer than 10 feet to any existing street tree,and preferably such locations will be at least 20 feet distant. d) Trees shall not be planted closer than 21/2 feet from the face of the curb except at intersections- where it shall be 5 feet from the curb, in a curb return area. 4 e) Where there are overhead power lines,tree spe- cies are to be chosen that will not interfere with those lines. 33 h . f) Trees shall not be planted within 2 feet of any permanent hard surface paving orwalkway.Side- walk cuts in concrete for trees shall be at least 4 feet by 4 feet, however, larger cuts are encour- aged because they allow additional airand water into the root system and add to the health of the tree. Space between the tree and such hard sur- face may be covered by permeable non-perma- nent hard surfaces such as grates,bricks on sand, paver blocks,and cobblestones. g) Trees,as they grow,shall be pruned to provide at least 8 feet of clearance above sidewalks and 12 feet above street roadway surfaces. h) Existing trees may be used as street trees if there will be no damage from the development which will kill or weaken the tree.Sidewalks of variable width and elevation may be utilized to save existing street trees, subject to approval by the Staff Advisor. C) REPLACEMENT OF STREET TREES: 1) Existingstreet trees removed bydevelopment projects shall be replaced by the developer with those from the approved street tree list. The replacement trees shall be of size and species similar to the trees that are approved by the Staff Advisor. — 34 i D) RECOMMENDED STREET TREES: The following tree species are recommended for use as street trees: 1)Trees maturing to small mature stature: Common Name Latin Name Amur Maple Acer ginnala Trident Maple Acer buergeranum Hedge Maple Acer campestre Globe Norway Maple Acer plantinoides Bradford Pear Pyrus calleryana (varieties: "aristocrat", "paniculata", "chanticleer",etc.) Golden Rain Tree Koelreuteria Redbud Cercis canadensis Kwanzan Cherry Prunus serrulata Crape Myrtle Lagerstroemia indica Flowering Plum Prunus cerasifera (Blireiana,Thundercloud,etc.) Raywood Ash Fraxinus oxycarpa Flame Ash Fraxinus oxycarpa Snowdrift Flowering Malus'snowdrift' Crabapple Japanese Crabapple Malus floribunda Washington Hawthorne Crataegus phaenopyrum - European Hornbeam Carpinus betulus Profusion Crabapple Malus profusion - } 35 I 2)Trees maturing to medium or tall stature: Common Name Latin Name Amur Maple Acer ginnala Sargent Cherry Prunus sargentii Sweet Gum Liquidamber styraciflua Marshall's Seedless Ash Fraxinus pennsylvanica Kimberly Blue Ash Fraxinus excelsior Rosehill Ash Fraxinus americana Flowering Ash Fraxinus ornus Norway Maple cultivars Acer platinoides Red Maple cultivars Acer rubrum . Scarlet Oak Quercus coccinea Red Oak Quercus rubra Canyon Live Oak(Evergreen)Quercus chrysolepis Holly Oak(Evergreen) Quercus ilex English Oak Quercus robur Chinese Pistachio Pistacia chinensis Varigated Boxelder Acer negundo Ginkgo Ginkgo biloba Grecian Laurel Laurus nobilis Japanese Zelkova Zelkova serrata Amur Cork Tree Phellodendron amurense Thornless Honey Locust Gleditsia triancanthos 36 i E) PROHIBITED STREET TREES: The following trees are not allowed as street trees except under special circumstances and with the approval of the Staff Advisor.As street trees they cause one or more of the following problems: l )Their roots damage sewer lines or pavement; 2) They are particularly subject to disease or insects; 3)They cause visibility problems along streets or intersections; 4) They create messy sidewalks and pave- ments,usually due to fruit drop. Common Name Latin Name Evergreen Conifers numerous species Poplar&related species Populus tricocarpa Black Locust Robinia psuedoacacia Box Elder(except) Acer negundo Sycamore Platanus species Siberian Elm Ulmus pumila American Elm Ulmus americana Walnut Juglans species- Weeping Willow Saxix babylonica Commercial Fruit Trees Numerous species Catalpa Catalpa speciosa Tree of Heaven Ailanthus altissima Big Leaf Maple Acer macrophyllum Fruiting Mulberry Morus alba Osage Orange Maclura poaufera Weeping varieties of various trees: i.e.cherry,mulberry, crabapple. 37 F) PROBLEM STREET TREES: The following tree species are not normally recommended for use as street trees for the reasons listed after each species.These trees may be of value when properly located and cared for.As street trees,however,they may cause the indicated problems. Common Name Latin Name Horse Chestnut Aesculus species Reason: messy Birch Betula species Reason: short lived subject to wind damage, honey dew'from aphids Pin Oak Quercus palustris Reason: lower branches tend to weep,obstruct traffic&visibility Mountain Ash Sorbus species Reason: subject to fireblight,suckers,weak wood Alder Alnus species Reason: wind damage,shallow invasive roots Goldenchain Laburnum x watereri Reason: poisonous Modesto Ash Fraxinus velutina Reason: subject to Anthracnose Fruitless Mulberry Morus alba _ Reason: invasive root system,strong lateral = _ branching Norway Maple Acer plantinoides Reason: strong surface roots heave sidewalks, grafted varieties perhaps less of a problem Silver Maple Acer saccharinum Reason: strong surface roots weak wood, cottony scale - 38 i SECTION III:WATER CONSERVING LANDSCAPING GUIDELINES & POLICIES INTRODUCTION Water has always been a scarce,valuable resource in the Western United States,where winter rains give way to a dry season span- ning five to seven months in the Rogue Valley. Lack of water during the dry summer season was a major problem facing early settlers. Their creative solutions have greatly altered the develop- ment of this region Talent Irrigation District's and other district's reservoirs and many miles of reticulating canals are an engineering marvel. i Ashland's early development centered around Ashland Creekand its year-round water supply flowing from the flanks of Mt. Ash- land,a mile in elevation above the town. As the town grew,the old reservoir at the top of GraniteStreet and later,Reeder Reservoir were built..They remain as a testament to the town's need for more water than the quantity that flows through the City during the dry season. The reservoirs collect the winter rain behind its dams,for use during the dry season. Snow- fall adds to this system by slowly melting in the spring and summer,after rainfall has diminished,recharging the groundwa- ter that continues to flow into Ashland Creek,long after the last of the snowpack has melted. - Presently, Reeder reservoir's capacity is just barely sufficient te- supply the City's growing waterdemands in a drought year.Water curtailment is considered whenever precipitation is significantly below average. With Ashland's semi-arid climate that includes periodic multi-year droughts,a fixed reservoir size,and growing water demands due to increased popula tion,an expanding economy Aand a changing lifestyle that includes increased water demand,it is clear that additional steps to insure a secure water supply are now necessary. 39 a There are two main ways of insuring a reliable water supply;either increase the supply,by finding additional water sources,or reduce thedemand through water conservation strategies.Thetraditional supply side solutions,are economically and environmentally ex- pensive. Demand side solutions are relatively inexpensive, al- though they require changes in behavior and usage patterns. One of the main strategies for reducing water use are landscape designs that it use less water. Ashland has adopted these guidelines in order to reduce the amount of water wasted by many standard landscaping practices. The advantages to guidelines like these are that they avoid the costs of increasing the water supply,and they also avoid the draconian measure of mandatory rationing. While guidelines limit plant materials, the choices offered by drought tolerant plants, give ample opportunity to create beautiful landscapes at no additional cost. The goal of these guidelines is to decrease water usage, while encouraging attractive landscaping. Further, the guidelines and policies are aimed at reducing water demand when it is most crucial,during the dry late summer months when water reserves are low. ADVICE AND RECOMMENDARONS: The following recommendations, if implemented, would reduce water consumption,while providing sufficient water to create and _ ma intain attractive landscapes.These landscape design and instal- lation practices are not mandatory,yet they conta in prudent advice _ for reducing outdoor water consumption and contain general - concepts,that if followed,will make any landscape water conserv- ing. 40 s GENERAL & MISCELLANEOUS Limit lawn and turf to areas where it is actively used and eliminate it from areas where its purpose is strictly ornamental,replacing it with drought tolerant,attractive ground covers(see plant list). Concentrate lawn areas together into basically round or square shapes,rather than narrow arms and other shapes that make the even distribution of applied water nearly impossible [diagram?]. d Plant in fall or early spring,rather than late spring and summer when plant dormancy leads to low initial water requirements and cool temperatures and rainfall is likely. t Group water hungry plants together and have separate irrigation circuits for them. iSpread 2-3 inches of bark mulch in shrub beds. Use medium sized mulch,not large nuggets or fine mulch. Mulch composed of large nuggets is an inferior water conserving mulch,and excessively fine mulch compacts so tightly that water runs off or is absorbed by only the uppermost portion. I Maximize the amount of undisturbed soil during construction and excavation,fence it off and avoid running heavy equipment over it,storing materials on it and dumping waste solids and liquids on it..Long term storage(longer than six months)also deteriorates the quality of soil. Healthy soil is better able to retain water. PLANTS Specify and use drought tolerant plants and turf varieties and species. Backbone plants(trees,screening plants,and other plants required by other city ordinances) will be of a large size, the rest of plants I may of small sizes(1-3 gallon size). Smaller initial sizes establish 1 more extensive root systems,and are thus better able to withstand drought conditions. 41 V s a Water hungry plants that can tolerate shade(use Sunset Western Garden Book as a guide) should be planted on north sides of structures or in full day shade if they are used at all (not really appropriate for this climate). Plants to avoid due to high water needs include:rhododendrons, camellias,azaleas,hydrangeas. Watering within drip line of existing native oaks, pines and madrone trees should be avoided except for temporary drip-sys- tems for maximum of two years for establishment of dry shade tolerant plants. Drought tolerant trees and shrubs should not be placed within lawns as their water needs,for the mostpart,areincompatible with lawn needs. Drought tolerant colorful plants include: virtually all bulbs,and many of the plants in the accompanying list. There are,invariably, drought tolerant plants not covered in the accompanying list. If such plants are desired in the landscape,they may be approved by the City's horticultural officer if it can be shown that they are drought tolerant. Refer to accompanying plant list for recommendations of drought tolerant plants. IRRIGATION Use drip irrigation for shrubs and trees. For native plantings, water later in spring,let soil dry out in summer, water in fall. This mimics the natural system that plants have evolved in,but allows foradditional water in order that plants look better and grow faster. Automatic timer/controllers reduce water use if properly programed and monitored. 42 I ' Turn off in fall after temperatures decrease and/or rains begin . (usually the end of September). Adjust the watering period and frequency to rainfall and temperature,with less water applied in the spring and fall and more water applied during the hot,dry summer months. Use a more conservative setting in spring than after hot,dry summer weather begins. Precipitation sensors and ground moisture sensors mcorpo- rated into the controller will result in substantial water conser- vation. In many parts of the city, water pressures are too high for properly functioning irrigations systems, resulting in water losses from overspray. The use of pressure regulating devices will solve this problem. Develop maintenance watering schedule for irrigation sys- tems and modify it for seasonal differences. d No matter how sophisticated an irrigation system is,it must be properly programed and maintained,or it still has the potential of wasting large quantities of water. TURF Turf should be avoided in: • Median strips - - • Areas less than eight feet wide Note: in the above areas,it is difficult to m;nim9zr overspray, consider groundcovers that do not requiring sprinklers (ie that use bubblers or drip)or hardscape. Specify and use perennial rye and tall turf fescue lawn seed that tolerates the hot summers here,rather than bluegrass or bluegrass mixes,developed for the cooler summers of the Willamette Valley. 43 .. i V Trees and shrubs within lawn areas increase the difficulty of providing even water coverage to turf. Uneven watering, invariably leads to over-watering. ToroGRAPHY Berms,mounds and raised beds should be avoided,since they greatly increase water evaporation through increased surface area and higher soil temperatures. Reasonable exceptions would be the creation of berms for sound barriers,forsafety,or for recreational areas. The functions of berms can often be met by fences,walls,and vegetation. Slow water movement to increase amount absorbed by soil by: TERRACES Terraces on slopes conserve water(particularly if impermeable retaining walls are used and/or retaining wall faces to the north) [diagram?], but raised beds and berms dramatically increase water demand. terracing on east and north slopes will save more water than terracing on south slopes. On site swales naturally slow water movement but also allow _ for.groundwater recharge on site [diagram]. MANDATORY POUCIES - The City has established the following policies for use whenever water conserving landscaping is required by ordinance, by 'a condition of approval of a planning action,in consideration for a density bonus or other development incentive,or in consideration forreduced systems development charges. These policies have the weight of law, and landscapes installed and certified as water conserving must be maintained according to these guidelines,or will be in violation of the Municipal Code. 44 � • a GENERAL AND MISCELLANEOUS = The combined turf and/or water areas (i.e. pools,ponds and fountains)shall be limited to 20%of the landscaped areas. Turf limitations do not apply to public parks,private common open space, required outdoor recreation areas, golf courses, cem- eteries and school recreation areas. A minimum of two inches of mulch(neither large nuggets nor fine bark may be used)shall be added,in non-turf areas to the soil surface after planting. Non-porous material shall not be placed under the mulch. All fountains shall be designed to recycle their water. Turf restricted to slopes with less than 10%grade. PLANTS At least 90% of plants in the non-turf areas are to be from the included drought tolerant plant list or be listed as "drought i tolerant" in the Sunset Western Garden book,or be similarly well-suited for this climate of region as determined by the city horticulturist.Up to 10%of the plants may be of a non-drought tolerant variety or species as long as they are grouped together and can be irrigated separately from the drought tolerant plants. No watering within the drip line [diagram] of existing native _ oaks, pines and madrone trees is permitted, except that.a; temporary drip system may be installed for maximum of two years for the establishment of dry shade tolerant plants. Screening hedges must be planned to attain 50%coverage after two years.Water conserving designs are not required to meet V the standard of a 50%coverage within one year. However,they must meet the coverage standard for plantings of 90%after five years. 45 G - s ' i IRRIGATION Irrigation system shall be designed so that overspray is mini- mized. For sprinkler irrigated areas, perimeter sprinklers must be included in irrigation pattern[diagram). Sprinkler heads with a precipitation rate of.85 inches per hour or less shall be used on slopes exceeding 15% to minimize runoff,or when slope exceeds 10%within 10 feet of hardscape. Precipitation rates to be matched for all irrigation heads for each circuit. Same type of irrigation heads for each circuit. Valves and circuits shall be separated based on water use. Drip irrigation systems are required of trees unless within lawn. Serviceable check valves (or pressure compensating emitters for drip systems) are required where elevation differential greater than 20 feet exists on any circuit. Sprinkler head spacing shall be designed for head-to-head coverage. The system shall be designed,demonstrating that it minimizes _ runoff and overspray to non-irrigated areas, and considers = _ prevailing summer wind direction All irrigation systems shall be equipped with a controller capable of dual or multiple programming. Controllers must . have multiple cycle start capacity and a flexible calendar pro- gram. Controllers must allow seven day or greater timing cycles. 46 y TOPOGRAPHY . No more than 5%of landscaped area of any lot or project may be berms or raised beds higher than one foot unless there is demonstrated need forsound or safety barrier(if visual buffer- ing required use wood fencing,evergreen shrubs or walls). On slopes,measurements are taken from the up-slope side. If the slope is greater than 15%,no berms are allowed. All plantings on berms one foot or greater in height must be drought tolerant plantings except for recreation areas or where height to width ratio is equal to or exceeds 1/20 [5% of land- scaped area exempted from this requirement]. Only drip irrigation is allowed on berms more than one foot in height except for recreation areas or where height to width ratio is equal to or exceeds 1/20 [5% of landscaped area exempted from this requirement]. If allowed,berms must be no taller than 1/6 of their width. Landscape plans are required that include, in addition to the standard plan requirements,the following: Estimated annual water use(in gallons)and the area irrigated (in square feet). Precipitation rates for each valve circuit. ' Monthly irrigation schedule for the plant establishment period (6-12 months)and for the first year thereafter. 1 A watering schedule for each circuit from the plan must be posted inside the corresponding controller A grading plan with sufficient contours so that slope may be measured. 47 For lots with less than 5000 square feet of landscaped area No estimate of annual water usage is required. No grading plan is required. Excmms City horticulturalist may substitute or make exceptions for cause of any of plants listed. The applicant only,may appeal City horticulturalist's decision to Tree Commission. If a plant is listed in Sunset Western Garden Book as"drought tolerant," it is automatically acceptable for use. Variances: The above mandatory policies may be varied if the applicant proves that the water consumption for the project as a whole is equal to or less than what . would occur if the policies were strictly applied. DEFINITION of TERMS berm any area where the soil is raised 15 degrees (or percent?) or more on its sides and no retaining wall included. drip line perimeter of outermost above ground branches or leaves extrapolated to ground. raised beds areas of soil with retaining walls one foot or = - greater in height. terrace creationof horizonalareas onsloped land through a series of steps,retained on the downhill side. 48 ' v i INTRODUCTION TO PLANT LIST The following plants are considered drought tolerant and are hardy in the Rogue Valley. This list is relatively comprehensive, yet there are many drought tolerant plants not included. Many are not hardy or are only marginally hardy for this climate,some are difficult to grow,and others were simply overlooked or unknown to the authors. The purpose of providing this plant list is to create a pool of plants that will thrive in a water conserving landscape in Ashland. The list is intended as a tool to simplify the selection of drought tolerant plants. It is not intended to discourage the use of drought tolerant plants not listed. If plants are not on the list,but are included as drought tolerant in Sunset Western Garden Book, they are auto- matically accepted for use in water conserving landscapes. A Y r 49 I ' SECTION IV. DEVELOPMENT IN ASHLAND'S HISTORIC DISTRICT Ashland's Historic District is very important to all the of City's residents.Not only does this area contain the City's beginnings;but it is also the area of some of the most prominent landmarks in Ashland, including the Plaza, East Main Street commercial area, Lithia Park,and many important residential districts.For the most part,the main architectural themes have already been laid down, and must be considered in the design of any new structures or renovation of existing structures.This does not mean that all new structures must be a lavish imitation of an architectural style whose heyday is past, but sensitivity to surrounding buildings and the existing land use patterns is essential to a successful development. While it is critical that buildings be made habitable and safe, it is equally imperative that the architectural character of a building be respected in the process of structural improvements. Unfortu- nately,this has not always been done in Ashland.The architectural merit of a building has too often been sacrificed for a more contem- porary design. For this purpose, the following standards were conceived as a guide to design decisions in the hope that the architectural integrity of Ashland's homes and commercial build- ings will no longer be unnecessarily lost. It is suggested that you think of your building as a whole-a single unit with no removable parts.Every change that you make can chip away at the integrity of the whole,like surgery.Efforts to person- alize and update the building will leave you with an assortment of _ miscellaneous parts that bear no relation to each other, or to the - - original design. Wrought iron columns, asbestos shingles and aluminum frame windows have only one thing in common- the local hardware store.Older buildings in Ashland were built one at a time and such added options can obscure their individuality. 50 RwoaAnoN, REHARiuTATioN & REmoDEWNG Because there is so much activity these days in the improvement of older housing,new terminology has been introduced.The differ- encebetween"restoring","rehabilitating",and"remodelling"may seem academic,but each results in a major difference in the way a job or project may turn out. To "restore"is to return a building to its original condition as if it, were a precious museum piece.This technique is typically used for structures of particular significance,such as historic landmarks where accuracy will serve an educational purpose as well as a visual one.Restoration is the most painstaking improvement pro- cess and usually the most expensive because it requires technical skill and historical precision for successful results. It can involve the removal of extraneous elements as well as the recreation of . original features which may have become deteriorated or been destroyed.A fine example of a restoration project in Ashland is the Swedenberg home found on Siskiyou Boulevard. Great care has been taken to assure that the architectural integrity of the building exterior is practically identical to that when it was built in the early 1900's . Remodelling a building is normally at the opposite end of the improvement spectrum from restoration. Unless it is done with sensitivity,to remodel a building is to redesign it so that the generic features are obliterated and the basic character destroyed in the name of modernization.A remodelling job is too often considered a success if the original structure is unrecognizable in the end" result. Remodelling is appropriately used for buildings which were constructed of inferior materials or for buildings which have' - fallen into a state ofdisrepairdue to vacancy orvandalism.Remod- elling can also be a proper course of action when a structure undergoes a change in use,say from a single-family residence to commercial office space. Unfortunately,it is quite common for a house to be remodeled and totally divested of its valuable characteristics when conditions do not require such radical treatment. Hence, the expression "re- model"can have bad connotations.To many people it suggests a 51 i waste of valuable resources. It is possible, however, to remodel with sensitivity,especially with the help of a talented architect. To"rehabilitate"is to take corrective measures which will make a structure livable again Some aspects of rehabilitation entail reno- vation and the introduction of new elements. For example, it is likely that outmoded electrical circuits would be required to be brought up to code to ensure safety and to provide adequate service for today's modern appliances. When rehabilitating a building, it is essential to protect the structural and decorative characteristics whichbelong to the architectural style.These are the very features through which the visual integrity and the economic value of the building are preserved.Modern elements shall only be introduced when absolutely necessary,and in a manner which is sympathetic to the original design. An excellent example of a successful rehabilitation is the Domingo Perozzi house found on Granite Street. Therewards of sensitive home improvements aremany.First there is the satisfaction of knowing you have done the job right.Second, there is the gratification from compliments of other people who appreciate what you have done. Third, there is the pleasure of living in an attractive, comfortable and historically preserved home.While these benefits are difficult to measure,such restora- tion or rehabilitation can result in significant economic benefits.A perceptive combination of restoration and remodelling will actu- ally contribute to the resale value of your home. Finally,a good rehabilitation project can be surprisingly influential on an entire neighborhood. _ The City of Ashland has adopted ordinances to assure that.all - development,including development in the Historic District,re- mains compatible with the existing integrity of the district.In new construction of a singlefamily residence,the Historic Commission will use these standards to make recommendations to the appli- cant. If an applicant requires a Staff Permit,Site Review,or a Conditional Use Permit which involves new construction,a remodel,or any use greater than a single-family use,the authority exists in the law for 52 the Staff Advisor and the Planning Commission to require modi- fications in the design to match these standards. In this case the Historic Commission advises both the applicant and the Staff Advisor or other City decision maker. REHAstumnoN & REMODEL STANDARDS The purpose of the following standards is to prevent incompatible structures and design and ensure the proper use of materials and details within the Historic District. 1) Be sure the remodeled portion has exterior wall finish that matches the existing or original material. 2) Design window additions to duplicate existing or original windows. 3) Design the roof on additions or remodels to have the same pitch as the original roof.Extend the ridge lines where possible. On one-story rear additions, shed roofs are acceptable. 4) Match the style of any porch or entry addition to the original or existing style of the front of the structure. 5) Match colors of any additions to the colors used on the existing exterior. 6) Try to rehabilitate and restore as many features as possible. _ 7) Sawn shingle and, for economy,composition roofs are preferred.Asphalt shingles which match existing color and texture are acceptable.Shake shingles,tile and metal roofs are not compatible with most Ash- land architectural styles(there are a few exceptions). 8) Diagonal and vertical siding are not compatible in most cases. 53 G Y 9) Imitative materials such as asphalt siding, wood textured aluminum siding or artificial stone are not compatible. 10) Any detached structures shall be compatible with the existing building and conform to the above Stan- dards. 11) Styles of other eras or locales, such as Tudor and Western styles,are to be avoided. HISTORIC DISTRICT DESIGN STANDARDS In addition to the standards found in Section II, The following standards will be used by the Planning and Historic Commissions for new development and renovation of existing structures with i n the Historic District: RECOMMENDED AVOID HEIGHT Construct buildings to a height Avoid construction that of existing buildings from the greatly varies in height (too historic period on and across high or too low) from older _ the street. buildings in the vicinity. RECOMMENDED AVOID - - SCALE ° B B B u e m m Relate thesizeand proportions Avoid buildings that in height, of new structures to the scale width,or massing,violate the of adjacent buildings. existing scale of the area 54 RECOMMENDED AVOID MASSING m 8 9 ® IN ® f3TI12 Break up uninteresting box- Avoid single, monolithic like forms into smaller,varied forms that are not relieved by masses which are common on variations in massing. most buildings from the his- toric period. SETBACK e e Maintain the historic facade Avoid violating the existing hi lines of streetscapes by locat- setbackpattern by placing new ding front walls of new build- buildings in front or behind ings in the same plane as the the historic facade line. facades of adjacent buildings. RECOMMENDED AVOID _ ROOF SHAPES • r - Relate the new roof forms of Avoid introducing roof the building to those found in shapes, pitches, or materials the area. not traditionally used in the area. 55 1 RECOMMENDED AVOID RHYTHM OF OPENINGS in e o E e a e In a Respect the alternation of wall Avoid introducing incompat- areas with door and window ible facade patterns that upset elements in the facade. Also the rhythm of openings estab- consider the width-to-height lished by the surrounding ratio of bays in the facade. structures. RECOMMENDED AVOID PLATFORMS The use of a raised platform is Avoid bringing the walls of a traditional siting character- buildings straight out of the istic of most of the olderbuild- ground withoutasense of plat- ings in Ashland. form . RECOMMENDED AVOID — DIRECTIONAL EXPRESSION Relate the vertical,horizontal Avoid horizontal or vertical ornondirectional facadechar- facade expressions unless they aster of new buildings to the are compatible with the char- predominant directional ex- aster of structures in the imme- pression of nearby buildings. diate area. 56 SECTION V. ASHLAND BOULEVARD CORRIDOR SPECIAL SITE DE5ICN AND USE STANDARDS INTRODUCTION The Ashland Boulevard Corridor is located between the intersec- tion of Siskiyou Boulevard to the west and the Interstate 5 inter- change to the east. In general,the area boundary includes the lots fronting (to the north and south) the Highway 66 right-of-way. This main City arterial street is comprised of Ashland Street, Greensprings Highway and Highway 66. Presently,a variety of land uses(retail/commercial,employment, institutional and residential)as well as a collage of building types and vacant lands are located along this corridor.This City arterial is an important transportation element because it is one of the three entrances to Ashland,it links the downtown with hotel accommo- dations; and the airport, and it is acommercial and retail center, primarily for local residents. In addition, the land within and adjacent to the corridor, both commercial and residential,is for the most part,underdeveloped or undeveloped. Much of the future economic growth in the City will probably be centered in this location. The City Council and Planning Commission have recognized the potential of the corridor and requested special design studies be _ performed to insure its planned development. During those = studies it was determined that the image of the corridor portrays a typical "strip development". These types of development are in the fringe areas of towns throughout the United States. Vast areas of asphalt paving,minimal landscape,and uninspired architecture are indicative of these strip developments,resulting in large part to the dominance of the automobile as the only form of transit. In Ashland,a town noted for its charm,natural beauty and culture, this type of development is a contradiction. The corridor does 58 i however offer opportunities such as views to the mountains and foothills,landscaped open space,and large lots. Recognizing these opportunities, the City of Ashland desires to develop this area according to standards which will create an environment reflective of Ashland's community image. A key factor in achieving this goal is to reduce the auto-orientation of this environment by encouraging pedestrian amenities and urban de- sign strategies,thereby instilling a sense of community pride in the property owners and merchants of this area. The design standards listed below will provide design profession- als,developers,and the city with direction for the future develop- ment of this key commercial and retail corridor. It is important to note that this work must bea cooperative effort between the private and public sectors of the community. s DESIGN STANDARDS PRNATE PROPERTY DEVELOPMENT These standards are to be used for new construction and for additions and remodeling. Sections I,11 and III of the"Site Design and Use Guideline" shall be reviewed in conjunction with this section. Section II offers basic information concerning the City's development standards for commercial and employment zoned land. POLICY: Development along the Ashland Boulevard _ - Corridor shall,conform to Section II of this document and the following: A) ORIENTATION: 1) Pedestrian access shall be equally divided between the street and parking areas to encourage a corridor fl form. A maximum setback of 20 feet from the side- 59 b — walk is required unless the area is used for pedestrian activities such as plazas or outside eating areas. If more than one structure is proposed for a site,at least 25% of the total structural area shall meet this stan- dard. 2) Infill of buildings,adjacent to the sidewalk,in exist- ing parking lots is encouraged and desirable. B) STREETSCAPE: 1) Pedestrian amenities such as plazas, walkways in parking lots and between buildings, overhead sun and rain shelters, fountains, benches, telephones, restrooms,etc.shall be incorporated and integrated in all new development and remodeling of existing development. 2) For safety,access driveways to the boulevard shall limited and access provided on side streets where feasible. 3) Pedestrian amenities shall be screened from heavy automobile traffic. 4) Hardscape(paving material)shall be utilized to des- ignate "people" areas. Sample materials could be unit masonry,scored and colored concrete orcombi- nations of the two. — C) CREEKS: 1) The creeks shall be considered positive design ele- ments and incorporated in the overall design of a given project. 2) Riparian plant materials shall be planted in and adjacent to the creek to enhance the creek habitat. 60 3) Buildings and non-permeable paving surfaces shall not be located within the designated creek protection areas(as provided by AMC 18.62). D) PARKING: 1) Pedestrian walks,separated from automobile traffic, shall be provided across large parking areas. 2) Large areas of asphalt paving without break-up by landscape,preserved natural features,or buildings is unacceptable. 3) Diagonal on-street parking on side streets is highly recommended and can be used to substitute off- street parking space requirements, as provided by AMC 18.92 E) BUILDINGS: 1) Buildings should reflect quality, contemporary ar- chitecture. G 2) Buildings shall have the same materials and similar form on all sides. 3) The walls and roof of buildings shall be articulated to reduce building mass and bulk. 4) Mixed use development is desirable and encour- aged. First floors could be retail/commercial with _ second and third floors for office and residential use. Reductions in overall parking requirements fo r mixed use projects is permitted in the City code. F) BUFFERING AND SCREENING: 1) Landscape buffers and screening shall be located between incompatible uses and activities.Those buff- 61 ers can be either plant material or building materials and must be compatible with proposed buildings. 2) Parking lots shall be adequately screened from the boulevard,cross streets and residentially zoned land. G) LIGHTING: 1) Lighting shall be scaled for pedestrians and compat- ible with the proposed buildings. PUBLIC LAND iN THE STREET RIGHT-oF-WAY In concert with the design standards for the private development of the corridor,the design standards for the public right-of-way are intended to provide an attractive street environment which will encourage pedestrian usage and public safety. POLICY: Improvements in the public right-of-way shall meet the following standards: A) LANDSCAPE MEDIAN: 1)Twelve foot wide minimum with left turn pockets in limited but appropriate locations, approximately every 400 feet. — 2)Small flowering trees,low water use and low mainte- nance 02 foot spread max)shrubs and ground cover shall be planted. 3) Lighting shall be scaled to highway scale light stan- dards. B) SIDEWALK: 62 1) A two foot wide minimum area for street tree place- ment is required. 2) Trees shall be drought tolerant and hardy, placed with root barriers and either bricked in plantings, tree grates, or on landscaped strips with ground cover. 3) Six foot wide,textured orscored concrete sidewalk in addition to the street tree area(total width would be a minimum of eight feet). 4) Pedestrian scaled light fixtures,placed in the street + tree strip. 5) Specially designed street name signs. C) SPECIAL PEDESTRIAN AREAS: 1) Pedestrian refuges protected from weather shall be placed near transit stops,or at intervals of 400 feet in the corridor if no transit stop is nearby. 2) Textured concrete or unit masonry paving shall be used in these areas to differentiate them from other areas. 3) Street furniture (benches,drinking fountains,news racks, etc.) shall be included for the comfort and_ _ convenience of the pedestrian. I 63 H - SECTION VL• DOWNTOWN ASHLAND INTRODUCTION Ashland's downtown is without doubt the most important fifty- five acres in the city. Forover 100 years it has been thecommunity's economic center. The downtown boasts one of the most beautiful parks in the country,and the Oregon Shakespeare Festival annu- ally draws thousands of theatregoers. Ashland's charm,cultural offerings and lovely location have not been lost on those who visit, and during the last two decades the city's population has risen from 11,000 to 16,000. However,downtown economic growth has significantly exceeded population growth. The downtown retail spaces have increased, office spaces have doubled and tourist traffic has grown over 600 percent. Downtown automobile traffic has nearly doubled and pedestrian traffic counts have risen from 200 percent to 900 percent. Such growth demands changes in planning and development,but Ashland's citizens insist that these changes allow the downtown to maintain its integrity and its unique character. Community par- ticipation has always been integral to Ashland's development. Citizens' affection for the city and desire to increase the culture, physical grace, and the economy have encouraged residents to supportSouthernOregonStateCollege LithiaPark theShakespeare Festival and numerous other community enterprises and improve- ments. i Historically the city center,the downtown,began at the Plaza area and extended southeast along East Main Street. Only about one- half mile long, the area now extends from the intersection of Helman and North Main Streets on the northwest,to the Ashland Library on the southeast. It is approximately one-quarter mile wide and extends from Hargadine Street to 1113"Street. Main areas are the Plaza,including the entrance to Lithia Parkand Guanajuato Way, the Oregon Shakespeare Festival theatres, the East Main Street business district, the business area around the Ashland Library,Lithia Way/"C"Street,the property surrounding the old armory,and the Newbry property—the large vacant parcel of land 64 bounded by the viaduct and by Helman,Commercial,and Water_ Streets,know as the Water Street Annex. This downtown area is the employment center of the community, and in 1988 employed 25 percent of all city employees. Sixty-three percent of these were employed by restaurants, the Oregon Shakespeare Festival and retail businesses which cater primarily to tourists in the summer months. With 197 businesses, the downtown is also a thriving business center. The businesses are diverse ranging from light manufactur- ing and auto repair to tourist gift shops and law offices. Retail businesses comprise most of the square footage and are concen- trated along Main Street. Many of these retail businesses are specialty stores which attract consumers throughout southern Oregon and northern California.Catering to the local,tourist and regional markets has preserved the downtown's economic vitality and Health. In addition to being the employment and business center, the downtown is also the community's social and arts and entertain- ment center. Increased pedestrian amenities and bike paths have encouraged residents and tourists alike to enjoy the downtown by foot or bicycle or simply by sitting on the many benches and planters which have been furnished. The Oregon Shakespeare Festival,several smaller theatres,nightclubs and restaurants pro- vide tourists and residents with numerous opportunities for a pleasurable night out. The combination of these factors—economic health,cultural and artistic offerings, attractiveness, location, a pleasant pedestrian and bicycling environment—have endowed Ashland with the attractive qualities of a tourist town and the advantages of being a real center for a rural town. There are, of course, some problems which exist as a result of growth and change.The major problems which have been identi- fied are: 65 4 Economic: The need to be less dependent on the tourist industry,particularly a single facet of that sector—the Oregon Shakespeare Festival—and to promote growth in the retail and services sectors,especially those that service the local,tourist, and regional markets. Automobiles and Traffic Parking is a problem throughout the year, but particularly during the peak tourist summer months. Although facts indicate that parking demand is not entirely met by existing facilities,it may not be financially or environmentally wise to accommodate the highest peak days. As traffic congestion continues to increase, the city and resi- dents will have to adapt to different traffic patterns and use alternative forms of transportation in order to alleviate the problem. Pedestrian Traffic: The substantial increase in pedestrian traffic has spurred improvements in pedestrian amenities such as benches, planters and fountains to encourage pedestrian flow through the length of the downtown. Ongoing renova- tions will be needed to help accommodate the ever-growing number of people. ASHLAND DOWNTOWN PLAN The City of Ashland Downtown Plan is the guiding document for all downtown site design. It provides a comprehensive review of downtown Ashland's historical development and current trends and needs. In addition, it outlines specific actions intended for _ implementation within five years. These actions are divided into four major sections: Physical Development,Downtown Manage- ment,Regulation,and Economic Development. Although most of these actions will be taken by the municipal government, it will include the city's partners in downtown improvements—the Parks and Recreation Commission,the Chamber of Commerce,the Ash- land Downtown Association, the Oregon Shakespeare Festival and others. It is imperative that builders and developers are familiar with these actions and follow current guidelines. 66 REDEVELOPMENT IN THE DOWNTOWN Three large historic buildings will probably see very different and more intense uses in the next twenty years—the Masonic Lodge, the Elks lodge,and the Mark Anthony Hotel.Other buildings will undoubtedly redevelop, and conformance with both the city's historic guidelines and thedowntowndevelopmentcriteria should insure that the developments are positive. The following criteria are adopted with this plan and shall be used as part of the land use approval process. Developments on Pedestrian Paths outlined in the Concept Plan shall adhere to the following criteria: 1) Parking lots adjacent to the pedestrian path are pro- hibited. 2) Pedestrian amenities such as a broad sidewalks,ar- cades,alcoves,colonnades,porticoes,awnings,and sidewalk seating shall be provided where possible. 3) Weather protection on adjacent key pedestrian paths are required by all new developments. 4) Windows and other features of interest to pedestri- ans shall be provided adjacent to the sidewalk. Blank walls adjacent to sidewalks are prohibited. 5) Two-story development is encouraged downtown, �- with the second stories seeing commercial,resideir" tial,or parking uses. 6) Uses which are exclusively automotive such as ser- vice stations,drive-up windows,auto sales,and tire stores are discouraged in the downtown. The city shall use its discretionary powers, such as Condi- tional Use permits, to deny new uses,although im- provements to existing facilities may be permitted. 67 4'Z ,.jJ.�` am V 4 N ndum ll October 29, 1991 �4EG0a 0� City Council �rnAram: Planning Director YY__ Large Scale Commercial Development I have met with Allen Drescher and Jim Ragland and discussed the development of new code provisions dealing with large scale commercial developments. Based on my best estimate of an adequate process to revise the code, I have developed a schedule that will have revisions to the Council ready to adopt by April 7, 1992 . Given the nature and scope of the changes contemplated, this is the minimum time I feel we can give this matter the research, thought, public involvement, and debate it deserves. Our Comprehensive Plan requires that informal public workshops be held for significant changes to the code, and this certainly qualifies. We believe that the work should begin with a look at all commercial development. While scale is the current concern, in our experience there are many controversial developments that occur at a small scale as well, and the concept of scale may be a difficult one to define. It may be that the perceived threat to Ashland by large scale development may be best dealt with by revisions to our current development codes, especially Site Review, that would extend some new requirements that would be beneficial in the review of smaller scale developments as well. Because of the high priority this is being assigned, I would ask that most other long range planning activities be suspended, particularly the formation of the Transportation Planning Advisory Committee and the reactivation of the Affordable Housing Committee. . This project will also delay the finalization of the Highway 66 Plan. While there may be some work on these issues that may proceed during this time, I would not want to commit staff to too many projects when the. timeframe of this project is of such a high priority. I suggest titling this the "Commercial P.O.D. Code " Project" . P.O.D. stands for "Pedestrian Oriented Development" . I would estimate that this project may require as much as $3 , 000 of contracted services, mostly for generation of graphics and publications, as well as expenses for bringing in experts to help with our task. While the department has this item budgeted, it has already been expended on mediation and engineering services for technical plans review. We would need a transfer or some means of accommodating this extra expense. The following would be the steps I would recommend for this revision: 1) Establish an Ad Hoc Steering Committee. The committee should be broadly representative of the community and contain members who have shown an interest in grappling with this problem. I also believe that it should contain at least one or two who are familiar with commercial development, possibly architects that have done commercial development and shopping center owners or tenants. 2) First Committee Meeting. The Committee' s first meeting would be organizational, and staff would discuss where we are in large scale development, . what the potential is, and how our current codes regulate development. I would suggest a field trip to acquaint the members with recent developments in Ashland. We would also draft the purpose statement of the project. This would be a one or two sentence description of the goal of the project. This will be used to limit the scope of the project and keep it in focus. 3) Research and Preparation. The staff will perform the necessary research, compiling examples we can find from other cities, and attempting to obtain what work has been done on this subject. A field trip to a successful example may be in order if it is reasonably close. 4) Education Meeting. This Committee meeting would be well publicized, and would possibly be aired on the Ashland Cable Access. It would be mostly presentations by staff of what we have learned, successful examples, and possibly a presentation of one or more guests that have expertise in this area. 5) Develop Strategy. This Committee meeting would develop an overall strategy as to what the best method to implement new standards and concepts regarding commercial development in Ashland. It would give staff a specific direction to go in code development. 6) Draft Code. The staff, with assistance from the City Attorney, would draft all code revisions, guideline revisions, and develop the staff report and findings needed for adoption. 7) Public Workshop. This would be an opportunity for the committee listen to public reaction to the proposed modifications, and allow participation of interested parties in an informal setting. 8) Committee Meeting on Workshop. The Committee would make the final mark-up on the staff draft. 9) Final Code Revisions and Staff Report. The staff- would make final changes and finalize the staff report, and proceed with the proper notice for hearings. 10) CPAC and Planning Commission Hearings. These bodies would hold their hearings on the final proposal and make their recommendations to the Council. 11) Report to Council. The Council would receive the committee report, recommended changes, and minutes of the CPAC and Planning Commission Meeting. If desired, a hearing could be held on this date, and ordinances adopted. I hope that this schedule is acceptable to the Council; however I know that some of you have expressed an interest in adopting some interim measures that would strengthen our procedures that deal with large scale development. The Planning Commission have had this concern for some time, and have a number of items that are either ready to adopt, or nearly ready to adopt. I believe that the adoption of three of these items would increase control of commercial development, and these could be adopted and in place by December. These items are: 1) Revision of the Site Design Ordinance approval criteria, ordered by the Council last . meeting, will require a showing of adequate public facilities before approval of a Site Review. This could be adopted and effective by November 19 if desired. 2) Adoption of revised Site Design Guidelines. This project has been underway for about a year, and draft guidelines have been ready since July. These have changed permissive language (should) to mandatory language (shall) , as well as added sections on Drought Tolerant Landscaping, Ashland Street and Downtown. These could be adopted as soon as November 19 if desired. 3) A major revision to the Off-Street Parking Code is now before the Council awaiting action. There are major changes proposed that would reduce off street parking, and establish maximum, as well as minimum amounts of parking that could be provided. As the parking lots . associated with large scale developments are an item frequently brought up, I believe that this new code would help a great deal in minimizing the impacts. This could be scheduled and adopted on November 19 as well, if desired. ill EhOKS AND ARTS fir. .c . P, kt - haunted by the thought that whereas the Ro- man town of Dumovaria(now Dorchester) housed 4,000 people,there are now 15,000 occupying eight times more space. Mr Krier also believes that houses,pub- , lic buildings, shops, workshops and resi- dential-style office buildings should all be mixed together,no more than ten minutes' walk apart.Cities,he says,should not be di- vided into separate functional zones; this leads not only to the loss of diverse activi- ties,but also to the "symbolic poverty"of architecture, and the distancing of home from workplace."Functional zoning is the principal cause of our wastage of time,en- ergy and land", he wrote in Architectural Design."it is by nature anti-ecological." Architecture's backward glances Situated at the heart of the Poundbury development is the traditional public do- Siena in Dorset mainofthe marketsquare.Ithasan arcaded market hall designed by john Simpson,and a lofty tower (designed by Mr Krier) crowned by four obelisks,which will give a sense of identity to the square and present a Y landmark on the skyline.From the central square,flanked by shops,streets will radiate in an organic plan to the residential dis- tricts. Varied groups of terrace houses, of classical and vernacular design,will line the edge ofeach street. In the first phase,244 houses are to be l- built, ranging in price from E140,000 to E550,000.Twenty percent ofthe houses will be for low-income families and are to be built by a housing association.The more ex- pensive'detached houses will be sited with a (` view of the landscape on the edge of the ur- ban quarter.There will be 40,000 sq It of commercial space comprising light indus- try,shops and offices.Through traffic will be discouraged,and residents'packing will be provided in courtyards behind the ter- races of housing. in order to keep housebuilders to the straight and narrow Dorset vernacular,the Duchy of Cornwall and the county plan- And not a lager can in sight ning department are providing a building code,including a list ofkosher local materi- als. if builders get stuck, they can refer to ALTHOUGH it looks a little like every there were dozens of monumental build- Carl Laubin's paintings.So traditional and Cotswold villageyou have everknown, ings,and grand urban spaces approached timeless ishis imageof the new town,below and a lot like an advertisement for National by long vistas of tree-lined boulevards. an almost cloudless sky,that it is as if the Trust toffees,the town design above has not Now,not least because of the recession and modern movement in architecture had not been seen before It is the Duchy of Corn- because most of the scheme will be built by yet happened. wall's development at Poundbury,in Dor- private housebuilders,the public buildings set, the first phase of which was unveiled and through-roads are almost all gone. this week.Poundbury is aprojectdeartothe The project's designer is Leon Krier, a heart of the Prince of Wales, who is also Luxembourg-born architect and urban Duke ofComwall.It is a model urban settle- theorist who studied in Germany and now ment, in the style of Dorset vernacular, works in London.At Poundbury,he is try- which will provide an extension west of the ing to revive the traditional qualities of the historic town of Dorchester,and it is the first English market town. Instead of the usual "new town"to get past the planning stage in low-density suburban development, with Britain for many years.Whether it is really uniform detached houses and garages new or not is another question. fronted by private gardens,Mr Krier wants The first phase of Poundbury covers a to reinstate the urban qualities of medieval mere IS acres. The original plan of 1989 Siena:squares,circuses,streets and alleys all showed a town extending over 400 acres; interwoven in a dense urban network.He is 114 THE ECONOMIST OCTOE EA 36TH 1991 STAR* PROPERTIES October 16, 1991 HOMES • INVESTMENT COMMERCIAL • LAND TO : MAYOR, CITY COUNCIL, PLANNING COMMISSION• PLANNING, ENGINEERING, WATER AND ELECTRICAL DEPARTMENTS . FROM: DAVID M. BARRETT, 1050 PARADISE LANE DON RIST, STAR PROPERTIES . RE : RECENT ANNEXATION AND MLP IN PEACHY ROAD-PARADISE LANE AREA . Dear City Officials , We would like to let you know how much we appreciated all of the help, tolerence and support we received from the various City Departments on our recent annexation and Minor .Land Partition . . The Planning Department, (John, John, Susan, Sonja and Rosemary) were just terrific to work with and very professional and patient with us . The Engineering Department , Jim Olson in particular , spent much time and energy on this project and we appreciate their efforts . . Dennis Barnts and Al Williams were also extremely helpful and professional . Ashland is very fortunate to have the caliber of staff that we have in these various departments. Again, thanks for all the time and help. sincerely, DAVID M. BARRETT DONALD L. RIST ® 1678 ASHLAND STREET ASHLAND, OREGON 97520 15031 482-4702 FAX (503) 482-2470 MLS Memorandum November 13 , 1991 �4FOO� Council rum: Pam Barlow, PW Admin. Asst. Airport Aviation Activity Lease y Action Requested Approval of a lease agreement for the operation of a Part 135 Air Taxi Service waiving the airport' s minimum standard requiring an office to be established on the airport. Background Walter Graham is interested in developing an air taxi service at the Ashland Airport. The current standards for this type of aviation activity at Ashland Municipal Airport require him to meet the minimum standards for a fixed base operator and additional standards for this type of specialty activity. Graham cannot meet the office requirement because there is no more land available for development under the old airport master plan. The new master plan is pending and should be adopted within 3 to 4 months. Sites for this type of activity will be designated and will become available as soon as services can be provided to these sites. We do not know how long it will take before sites become available; it could be from several months to several years. Graham is proposing to operate the business out of his home and transport passengers to and from the airport himself. A tie-down for his aircraft is available. He is willing to meet the minimum standards when it becomes possible to do so. Since Council officially adopted the requirements, Council approval is required for waivers. I would like to request Council approve the proposed lease and empower to Steve Hall, the Director of Public Works to negotiate an agreement on section 119. Payment by the operator" with the lessee, with final lease approval to be granted by the City Administrator. f DRAFT AIR TAXI FIXED BASE OPERATOR AGREEMENT FOR THE ASHLAND MUNICIPAL AIRPORT Air Taxi Fixed Base Operator Agreement made this day of by the CITY OF ASHLAND ("City") and ("Operator") . RECITALS: A. Operator desires to become a fixed base operator in order to conduct an air taxi service at the Ashland Municipal Airport ("Airport") . B. Section 2 of Category D of the "Minimum . Standards at Ashland Municipal Airport, Ashland, Oregon" adopted by the City Council on January 4, 1990, a copy of which is attached as Exhibit B (further referred to in this agreement as "the minimum standards") require that an air taxi fixed base operator: "Lease from the City sufficient land on which to locate all required improvements, including aircraft tie downs and automobile parking, and provide (for the convenience of passengers) a waiting area, rest rooms, public telephone, etc. in a building or in space rented from the City. " Because no land is currently available for additional fixed base operators, City is unable to lease property to Operator for Operator's air .taxi service. City has the power to waive this standard when such waiver is in its best interest and the waiver would not be discriminatory to those operations at the Airport. City finds that waiving this standard is in its best interest and that the waiver is not discriminatory to operations at the Airport and by entering into this agreement makes such waiver. C. City and Operator desire, however, that Operator establish the service at this time with the understanding Operator will lease i property and provide all facilities required by the minimum standards when such property is made available by the City. City and Operator therefor agree: 1. Description of leased premises. City shall lease to Operator as a Fixed Base Operator a part of the Ashland Municipal Airport, an area ("the premises") , when available at some point in the future, along with ingress and egress to the premises. The description and rent for the premises shall be as, mutually agreed upon by the City and Operator when the City, in its sole discretion, determines an area is available for lease. If the City and Operator are unable to agree as to the description and rent within 60 days of the date City notifies Operator that an area is available, then this agreement shall automatically terminate on the sixtieth day following such notice. 1. 1. Lease agreement. If an agreement is reached within such 60 day period, then at such time the parties shall enter into a new lease agreement incorporating the description and rent and the r Page 1-AIRPORT LEASE-FBO (p:airport\9rahamAse)(November 14, 1991) DRAFT terms of this agreement and the terms specified on the attached Exhibit A. This agreement shall terminate upon the execution of the lease described above. 1:2 . Airport available to others. The balance of the Airport is used for general aviation aeronautical activities, and is available on an equal basis to qualified persons, firms and corporations who qualify as "Fixed Base Operators" , or "Specialty operators" at the Airport and under separate leases. 2 . Term. The term of this .agreement is five years, commencing at 12: 01 A.M. on the 1st day of December, 1991. It is agreed that the parties will, prior to the expiration of this agreement, discuss an extension of this agreement or renewal for an additional five years if the parties can agree upon the terms and conditions for the additional five-year period. . If the parties are not able to agree upon an extension no later than one hundred twenty (120) days before the expiration of the original term period, then the agreement shall terminate as stated above and at the end of the original five years. 3. Purpose. The Operator shall provide a service at the Airport solely for the uses and purposes of conducting the business of a fixed base operator: "Category D. Aircraft Charter and Air Taxi" as described in the minimum standards. 3 . 1. Compliance with minimum standards. Except as waived in Recital B above, Operator shall comply with the minimum standards as they now exist or as they may be changed in the future. 3 .2 . Noise Impact. Due consideration for the noise impact on the community surrounding the Airport will be given by the Operator in the selection of aircraft and related activities, all in accord with the laws, rules and regulations and ordinances of the City of Ashland as they now exist or as they may be changed in the future. 3 . 3 . Conflicting Standards. In the event the above standards conflict with the provisions of the City or other applicable local, state or Federal regulatory agency, the most restrictive standard shall be applied. 4 . Facilities Development. The City has the right to further develop and improve the Airport, its property, improvements and future facilities, including hangar construction as the City deems appropriate to the public interest and shall have no responsibility to the Operator for any loss of revenue which might be caused by such development or improvement. 5. Public Benefit. The Operator agrees to conduct its business for the use and benefit of the public and to make available to the public on fair and reasonable terms all of its services at . reasonable prices so as to result in a reasonable profit to the Operator. 6. FAA Exclusive Rights Prohibition. Nothing contained in this agreement shall be construed to grant or authorize the granting of Page 2-AIRPORT LEASE-FBO (p:airport\sraham.Ise) (November 14, 1991) DRAFT exclusive rights within the meaning of Section 308 (a) of the Federal Aviation Act of 1958 as amended. 7 . Insurance. Operator shall .obtain and maintain continuously in effect at all times during the term of this agreement, at Operator's sole expense, the following insurance: 7 . 1. Comprehensive insurance. Comprehensive general liability insurance protecting City and its officers, agents and employees against any and all liabilities that may allegedly in any way relate to the operation by- Operator, this insurance to be in the minimum amount of $500,000, combined single limit coverage. Such limit shall automatically increase in the event of any change in the provisions of ORS 30.270, or in the event these limits are found to be not totally applicable to a city. 7 . 2 . Additional insureds. All policies shall include the City, its officers, commissions, elected officials, employees and agents as additional insureds. 7 . 3 . Primary insurance. The insurance shall be considered primary to any other insurance or self-insurance of the City. 7 .4 . Insurance certificate. A certificate evidencing such insurance coverage shall be filed with the City prior to the effective date of this agreement, and such certificate shall provide that such insurance coverage may not be canceled or reduced or changed in any way adverse to the City without at least 30 days prior written notice to the City. The policy shall be continuous until canceled as stated above. If such insurance coverage is canceled or changed, Operator shall, not later than 15 days prior to the termination or change in the insurance coverage, file with the City a certificate showing that the required insurance has been reinstated or provided through another insurance company or i companies. In the event Operator shall fail to furnish the City v with the, certificate of insurance required, City may secure the required insurance or self-insure at the sole cost and expense of Operator, and Operator agrees to reimburse City promptly for the cost, plus ten percent of the cost for City administration. 8. Indemnification. Operator shall keep, indemnify and defend and hold harmless City, its officers, agents and employees, from and against any and all claims, demands, suits, judgments, costs, and expenses, including attorney's fees asserted by any person or persons, including agents or employees of the City or Operator, by reason of death or injury to persons or loss or damage to property that allegedly results from Operator's operations, or anything done or permitted by Operator under this agreement, except for the extent attributed to acts or omissions of City of its officers, agents or employees. 9. Payment by Operator. Operator agrees to pay to the City during the term of this agreement, the following sums and amounts: A 9. 1. To be negotiated. r Page 3-AIRPORT LEASE-FBO (p:a;rport\graham.(se) (November 14, 1991) DRAFT 9 . 2 . Payment at City Hall; interest. Operator agrees to pay all sums due without notice by check payable to the City of Ashland, delivered or mailed to the Finance Department, City Hall, 20 East Main Street, Ashland, Oregon 97520. A delinquency charge of 1. 5% per month shall be added to payments required by this agreement which are more than ten days delinquent. 10. Compliance with laws. The Operator shall comply with all State and Federal rules, including but not limited to, the effluent standards or prohibitions established under Section 307 (a) of the Clean Water Act for Toxic Pollutants. 11. Federal preeminence. All rights, privileges and liabilities imposed by this agreement are subject and subordinate to any conditions, restrictions, limitations, rules, regulations or future requirements for modification of this agreement, by any agreement or contract pertaining to the Airport between the United States Government or any other department or agency of either the United States Government or the State of Oregon. 12 . Minority Business Plan. The Operator agrees to the terms and conditions of the City's adopted Minority Business Plan currently in effect with the FAA and to be amended from time to time as required by the FAA. 13. Termination. This agreement shall be terminated upon execution of a lease by the parties as provided in paragraph 1 and may be terminated upon proper notice 90 days in advance of such termination date, and upon the following conditions: 13 . 1. Termination by Operator. This agreement shall be subject to termination by operator in the event of any one or more of the following events: 13 . 1. 1. The abandonment of the Airport as an airport or airfield by the City. 13 . 1.2 . The default by the City in the performance of any of the terms, covenants or conditions of this agreement, and for the failure to continue for a period of 30 days after receipt . of notice from Operator concerning the default, provided that if the remedy takes longer than 30 days, then the term of notice shall be so extended. • 13 . 1. 3 . Damage to or destruction of all or a material portions of the Airport, , and which are necessary for the operation of Operator's business, and election by City not to replace such improvements within six months after destruction. 13 . 1.4 . The lawful assumption by the United States, or any authorized agent of the operation, control, or use of the Airport, or any substantial part or parts, in such a manner as to substantially restrict Operator from conducting business operations for a period in excess of 90 days. 13 . 2. Termination by City. This agreement shall be subject Page 4-AIRPORT LEASE-FBO (p:airport\sraham.Ise) (November 14, 1991) DRAFT 13 . 2 . Termination by City. This agreement shall be subject to termination by City in the event of any one or more of the following events: 13 .2 . 1. Failure to pay the basic or percentage fee or failure to pay any money due to the City as set forth in this agreement. 13.2 .2 . The default by Operator in the performance of any of the terms, covenants or conditions of this agreement, and the failure of Operator to remedy or undertake to remedy, to City's satisfaction, such default for a period of 30 days after receipt of notice from City to remedy the same. 13 .2 . 3 . The filing of a voluntary petition in bankruptcy, including a reorganization plan, or filing in Chapter 11 of the Bankruptcy Act, and general or other assignment for the benefit of creditors, or as adjudicated as bankrupt or if a receiver. is appointed for the property or affairs of Operator. 13 .2 . 4 . The failure to conduct the business or to perform any duty as required in section 5. 14. Affirmative Action Program. The Operator assures that it will undertake an affirmative action program as required by 14 CFR Part 152, sub-part E, to insure that no person shall, on the grounds of race, creed, color, age, national origin or sex, be excluded from participating in any employment activities covered in 14 CFR, Part 152, sub-part E. The Operator assures that no person shall be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by the sub-part. The Operator assures that it will require that its covered sub-organizations will provide assurances to the City that they similarly will undertake affirmative action programs and that they will require assurances from their sub-organizations as required by 14 CFR, Part 152, sub-part E to the same effect. 15. Public Facilities. The Operator shall also have a non-exclusive right to use, in common with others, all public airport facilities and improvements of a public nature which are now, or may in the future be connected with, appurtenant to, landing, taxiing, parking areas, and other public use facilities. 16. Closing Airport. The City may choose to do construction work or maintenance work on portions of-the Airport and accordingly the City may, when reasonably necessary, close the Airport so that the Operator will be required to temporarily suspend activities, and will not have ingress and egress to its operation. Py 1 Page 5-AIRPORT. LEASE-FBO (p:airport\sraham.(se)(November 14 , 1991) DRAFT OPERATOR CITY OF ASHLAND BY BY Title Mayor BY ATTEST: Title City Recorder Page 6-AIRPORT LEASE-FBO (pwrport\grenam.Ise) (November 14, 1991) DRAFT EXHIBIT A ADDITIONAL TERMS TO BE INCORPORATED INTO FUTURE LEASE 1. Lighting. The Operator shall install lighting fixtures on the premises necessary to its operation and to protect the safety of guests, patrons, and employees. Lighting fixtures shall conform to the guidelines for lighting fixtures. The City shall review and approve lighting fixtures, location, intensity and illuminating effects of the light fixture(s) to ensure that it presents no hazard to Airport operations. 2 . Graphics and Signs. All graphics and signs on the premises shall be consistent with the objectives and conform to the regulations for graphics and signs as contained in the rules, regulations, and ordinances of the City of Ashland as they now exist or may be amended in the future, and as accepted by FAA requirements. r 3 . Additional responsibilities of Operator. Operator further agrees to: i 3 . 1. Keep the premises in a neat and orderly manner, free of offensive or dangerous materials or conditions. 3 .2 . Pay. all utility costs. r 3 . 3. Not sublease all or any portion of the premises. 3 .4. Not fuel aircraft or store fuel on the premises. 3 . 5. Make an irrevocable election (binding on the Operator and all successors in interest under this agreement) not to claim depreciation or investment credit with respect to any property financed with tax-exempt obligations of the City (including all property used by the Operator under this Agreement) ; (2) the Operator certifies to the City that the term (as defined in 168 (i) (3) of the Code) is not more than 80 percent of the expected economic life of the property used by the Operator under this Agreement (as determined in Section 147 (b) of the Code) ; and (3) the Operator acknowledges that it has no option to purchase any such property. 3 . 6. Certify that it will not use any part of the hangars financed with proceeds of any tax-exempt obligations issued by the City for office space, except for office space that is de. minimis in size and cost and that is directly related to its day-to-day operations at the Airport as required by Section 142 (b) (2) of the Code. 3 .7 . Not use or permit the use of the premises as any lodging facility, any retail facility (including food and beverage facilities) in excess of a size necessary to serve passengers and employees at the Airport, as any retail facility (other than parking) for passengers or the general public located outside the terminal, as an office building for individuals who are not 7 of 2-EXHIBIT A DRAFT employees of the City, or as any industrial park or manufacturing facility. No part of the premises financed with any portion of the proceeds of any tax-exempt obligations issued by the City shall be used to provide any airplane, skybox or other private luxury box, health club facility, a facility primarily used for gambling, or store the principal business of which is the sale of alcoholic beverages for consumption off-premises as prescribed by Section 147 (e) of the Code. 4. Removal of Property. 4 . 1. Subject to paragraph 4 . 2 below, upon termination of this agreement, Operator, at its sole expense, shall remove from the premises temporary structures, signs, trade fixtures, furnishings, personal property, equipment and materials owned by Operator and which Operator was permitted to install or maintain under the rights granted under this agreement. If Operator shall fail to do so within ten days, City may, at its option, effect such removal or restoration at Operator's expense, and Operator agrees to pay City such expense promptly upon receipt of a proper invoice. Any improvements not removed by Operator pursuant to this paragraph shall become the property of City without any right of Operator to compensation or reimbursement, except as provided in paragraph 4 . 2 below. 4 . 2 . At any time three months prior to the termination date, City shall have the option to purchase, on such termination date, all permanent improvements on the premises at an agreed price. If ' no agreement can be reached, the purchase price shall be the fair market value to be determined by agreement of two MAI appraisers, one chosen by each party. If the two appraisers cannot agree upon a fair market value, they shall choose a third MAI appraiser. The determination of fair market value by a majority of the three appraisers shall be final and binding upon the parties, provided, City may elect not to purchase such improvements. All fees of arbitration shall be paid by the party appointing such arbitrator. All other fees and expenses of the arbitration shall be shared equally by the parties. 8 of 2-EXHIBIT A + DRAFT EXHIBIT B [the following needs to be attached: ] 4[3 . The Operator shall provide a service at the Airport solely for the uses and purposes of conducting the business of a fixed base operator: "Category D. Aircraft Charter and Air Taxi" as described in the "Minimum Standards at Ashland Municipal Airport, Ashland, Oregon" adopted by the City Council on January 4, 1990, a copy of which is attached as Exhibit A. p r i A